Contract to avoid Act prohibited
28 Contract to avoid Act prohibited
(1) An operator must not enter into a caravan park agreement or an arrangement relating to a caravan park agreement that does either of the following except to the extent allowed by this Act:
(a) excludes, modifies or restricts the operation of, or waives a right under, this Act whether directly or indirectly;
(b) purports to exclude, modify or restrict the operation of, or to waive a right under, this Act whether directly or indirectly.
(2) An operator commits an offence if the operator enters into a caravan park agreement or an arrangement relating to a caravan park agreement that results in a contravention of subsection (1).
Fault elements:
The operator:
intentionally enters into the agreement or arrangement; and
(b) is reckless as to whether the agreement or arrangement would result in a contravention of subsection (1).
Maximum penalty for subsection (2): 100 penalty units.
This Act’s bill:Explanatory statementSecond reading speech
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