(1) A purported variation of a village contract, and a purported termination
of a village contract and entry into a new village contract by the same
parties in relation to the same residential premises, is of no effect (and the
contract continues as in force before the purported variation or termination)
unless the resident who is a party to the contract obtains a written
certificate in accordance with this section.
unless the resident who is a party to the contract has
obtained a certificate in accordance with this section.
: Maximum penalty--100
penalty units.
(2) The certificate--
(a) must be signed by an Australian
legal practitioner of the resident's choosing, and
(b) must contain a
statement to the effect that--
(i) the Australian legal practitioner explained
to the resident the effect of the proposed variation of the contract (or the
proposed new contract, as the case may be), and
(ii) the resident appeared to
understand the explanation and to consent to the variation (or to the new
contract).
(3) Sections 27 and 28 apply in respect of a variation of contract
as if the variation were a new contract.
(4) This section does not apply if
the resident requested the variation or new contract.
(5) A resident is not
obliged to agree to a variation or replacement of his or her village contract
because of the enactment of this Act (or for any other reason).
