(1) If the Minister is of the opinion that in a particular case or cases the effect of section 61 is in all the circumstances unduly onerous, or causes unfairness or undue hardship, and that it is appropriate in all the circumstances to do so, he or she may by order provide that, notwithstanding subsections (2) and (3) of section 61, a provision in a relevant agreement that provides for a consequence mentioned or referred to in section 61(4) has effect to the extent specified in the order.
(2) An order under subsection (1) -
(a) may make provision in relation to the effect of a provision in -
(i) a particular relevant agreement,
(ii) relevant agreements of a particular kind, or
(iii) rights held under a relevant agreement, or relevant agreements of a particular kind, by a particular person or a particular class of persons,
(b) in the case of an order that makes provision in relation to relevant agreements of a particular kind, may specify the kind by reference to any common charac