Commentary on Sections Part 9 - Termination Etc. of Occupation Contracts Chapter 1 - Overview and Introductory Provisions Section 148 – Permissible termination etc.
353.An occupation contract may only be ended in accordance with the fundamental terms relating to termination that apply to that type of contract, or in accordance with provisions in other legislation (including in other Parts of the Act). This does not affect the possibility of a contract being rescinded by the landlord or the contract-holder (for example, due to fraudulent misrepresentation by the landlord), nor the operation of the law of frustration (for example, the setting aside of a contract due to a circumstance rendering it impossible to comply with its contractual obligations). Section 20 provides that this section must be incorporated without modification as a term of all occupation contracts.