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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  17 Sep 2014
Consolidated as at:  11 Jan 2005

16. Orders relating to inconsistency

      (1) [Section 16 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] Either party to a residential tenancy agreement may apply to the Court for an order determining whether or not a provision of the agreement is inconsistent with this Act.

      (2) [Section 16 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] The Court may –

(a) order that the provision be modified in a specified manner; or

(b) declare that the provision has no effect.

      (3) The fact that a provision of a residential tenancy agreement is declared to have no effect does not affect the right of occupancy conferred generally or specifically by the agreement.


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