(1)  A residence contract or other agreement or arrangement entered into between an operator of a retirement village and a resident after the commencement date that –

(a) is inconsistent with a provision of this Act; or

(b) purports to exclude, modify or restrict the operation of this Act, or a right conferred by or under this Act –

is, except where the inconsistency, exclusion, modification or restriction is expressly permitted by this Act, to that extent void and of no effect.

(2)  Where a residence contract or other agreement or arrangement that has been entered into between an operator and a resident before the commencement date is inconsistent with a provision of this Act, that contract, agreement or arrangement prevails to the extent of the inconsistency.