Additions / Changes:

Clause 1(1)

Applicable Legislation: Reference to Applicable Legislation includes Queensland Government Legislation generally but particularly the Property Agents & Motor Dealer's Act 2000, regulations and amendments thereto, including (Real Estate Agency Practice Code of Conduct) Regulation 2001, Queensland Building and Construction Commission Services Authority Act 1991, Property Law Act 1974, Residential Tenancies and Rooming Accommodation Act 2008, Body Corporate and Community Management Act 1997, Work Health and Safety Act 2011,  Building Act 1975, the Building Code of Australia, the Anti-discrimination Act 1991, Electrical Safety Regulation 2002, Fair trading Act 1989, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008 and Commonwealth Legislation including A New Tax System (Goods & Services Tax) Act 1999 and Competition and Consumer Act 2010(Cth).

Clause 1(5)

Building Work: refer to the Queensland Building and Construction Commission Services Authority Act 1991, Schedule 2.

Clause 11.6

The Agent will not engage a person to perform building work unless the person holds a licence under the Queensland Building and Construction Commission Services Authority Act 1991 authorising the performance of the work.

Additions / Changes:

Clause 8.1(5)

that telephone lead-in work (cabling) is completed to the premises to enable the tenant to connect a basic telephone service.

Additions / Changes:

Item F

Tick only one of the boxes below:

__  The Tenant is required to pay the Water Consumption Charges for the Property if:

__  Tenant to pay for Water Consumption costs in excess of the reasonable amount agreed between the Tenant and the Landlord of …………………………………………………………………………………..

__  Tenant not required to pay an amount for water consumption

Item G

1.   Inclusions (for use by the Tenant/s)

(Insert inclusions, for example, furniture or other household goods let with the Property, as would be noted on the General Tenancy Occupancy Agreement. Attach list if necessary)

Item R

*Note to Owners: If no current Pool Safety Certificate is in effect the Client must obtain the certificate prior to entering into, altering, extending or renewing an Tenancy Occupancy Agreement with Tenants. Failure to do so will result in substantial penalties under the Building Act 1975.

Item U

APPOINTMENT SPECIAL CONDITIONS FOR THIS APPOINTMENT                                      Clause 19

The Special  Conditions to this Appointment are where inserted at the direction of under instruction from the Client a party to this Appointment and where not prepared by that party, were prepared by the Client or an Australian Legal Practitioner instructed by the Client and not by the Agent. No warranty is given by the Agent with respect to such clauses. Legal advice should be sought.

Item V

Special Terms FOR AN TENANCY OCCUPANCY AGREEMENT                                    Clause 11.20

Any Special  Terms were inserted under instruction by the Client a party to this Appointment and where not prepared by the Client were prepared by an Australian Legal Practitioner, not by the Agent, who gives no warranty in respect of same & in accordance with the warning in Item (Z), legal advice should be sought as to the meaning and effect of such Special  Terms before signing any Occupancy Agreement.

Item Y

AGREED NOTICE PERIOD                                                                                                Clause 17.1

Agreed notice (if less than 90 days) is……………………………………………. days.

Clause 1(1)

Agreement: any general tenancy or other agreement with respect to the letting of the Property complying with the provisions of the Residential Tenancies and Rooming Accommodation Act 2008 as amended.

Clause 1(8)

Occupancy Agreement: any general tenancy or other agreement with respect to the letting of the Property complying with the provisions of the Residential Tenancies and Rooming Accommodation Act 2008 as amended.

Clause 1(11)

Tenant: is the person to whom the right to occupy the Property under an Occupancy Agreement is given.

Clause 2.3

Where details as to the type of appointment are not completed in Part 4.2 of the attached PAMD Form 20a this Appointment is a continuing appointment.

Clause 2.4

Where this Appointment is a continuing appointment and no end of continuing appointment has been specified in Part 4.2 of the attached PAMD Form 20a, the Appointment ends on the date specified in a notice given

Clause 5

Occupancy Tenancy Agreement

The Client will be in breach of this Appointment should the Client fail to observe the provisions of any Occupancy Agreement entered into during the term of this Appointment under the Residential Tenancies and Rooming Accommodation Act 2008 as amended. In the case of a breach which results in termination of the Occupancy Agreement the Client must pay to the Agent:

Clause 8.1(4)

after the Occupancy Agreement is signed, sufficient keys to the Property are provided to the Agent and Tenant/s for each lock as provided in accordance with Section 210 of the Residential Tenancies and Rooming Accommodation Act 2008.

Clause 8.2(5)

where Item (R)(2) applies, ensure that a current Pool Safety Certificate is in effect prior to entering into, altering, extending or renewing an tenancy Occupancy Agreement with tenants for the Property.

Clause 8.3

The Client warrants it is the owner of the Property and has full authority to enter into all Occupancy Agreements.

Clause 10.4

The Client acknowledges once an Occupancy Agreement has been entered into by the Client and Tenant the Agent is limited to its obligations under this Appointment.

Clause 10.5

The Client authorises and directs the Agent to let, re-let (as necessary) and manage such letting of the Property at a rent authorised by the Client or failing such authorisation for a fair and reasonable rent as determined by the Agent, unless otherwise instructed by the Client in Item (K).

Clause 11.8

The Agent is authorised to apply to the Residential Tenancies Authority for payment of the Tenant’s bond to recover all monies including unpaid rent under the Occupancy Agreement.

Clause 11.9

The Agent is to collect and receive all monies payable (rent, bond and otherwise) under any Occupancy Agreement entered into pursuant to this Appointment.

Clause 11.17

The Agent will advise the Client upon the termination of any Occupancy Agreement and/or vacancy of the Property.

Clause 11.18

The Agent is authorised to, and in so doing may, on obtaining written instruction from the Client, use independent legal services, to recover monies due and unpaid by the Tenant subject to the Occupancy Agreement.

Clause 11.20

The Agent will, subject to the Client’s written instructions and in compliance with Applicable Legislation, negotiate, finalise and where necessary, execute on behalf of the Client any Occupancy Agreement or any amendments or variations thereto, including any other documents in relation to the Occupancy Agreement arising from this Appointment.

Clause 11.21

The Agent must immediately notify the Client in writing if the Agent becomes aware of a Tenant’s breach that in the Agent’s opinion is a fundamental breach of the Occupancy Agreement.

Clause 12.1

Should the Property be subject to Building Units and Group Titles Legislation, the Agent is authorised and directed to deal in all matters relevant to this Appointment and any Occupancy Agreement entered into under the authority of this Appointment with the relevant Body Corporate.

Clause 13.1

The Client will comply with all obligations with respect to condition reports and inspection required by the Residential Tenancies and Rooming Accommodation Act 2008 or the Occupancy Agreement.

Clause 15.1

The Agent having complied with its obligations under this Appointment Agreement and not having been negligent, the Client indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Appointment including:

The Agent will be compensated by the Client, in respect of any loss sustained by the Agent and arising out of this Appointment or resultant upon any act, omission or negligence on the part of the Client.

Clause 15.2

The Client acknowledges that the Agent is acting only as a licensed letting and/or managing agent and is not responsible for reporting any matters (including defects latent or otherwise) other than those that are readily apparent during the course of standard periodic inspections (see Clause 13) or as bought to their attention as Agent by the Tenant.

The Agent is not otherwise qualified and it is the Client's responsibility to obtain specific advice with respect to the Property and its soundness as to building and structural integrity, pest, health, fire safety and other requirements.  As such, the Client indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of, or in respect of this Appointment, resulting from matters of cleanliness, safety, construction, building requirements or building deterioration, notwithstanding the Agent’s obligations under Clause 13.

Clause 17.1

Each Either party may terminate this Appointment by giving notice in accordance with the terms of Part (4.2) of the attached PAMD Form 20a unless not specified in the said PAMD Form 20a in which case Termination shall be in accordance with Section 133 (4) (b) of the Property Agents and Motor Dealers Act 2000. for the time specified therein or such time as is otherwise specified in Item (Y) of the Item Schedule.

Clause 17.2

In the event of the Client committing to sell or transfer the Property the Client will terminate this Appointment in accordance with Clause 9 of this Appointment.

Clause 20.2

You as Client agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to:

Additions / Changes:

Part 2

The PAMDA Appointment of Agent forms (20a, 21a, 22a, 23 & 24a) all contain wording instructing the parties to 'complete in BLOCK letters'.

Even though we will continue to allow the user to enter text in the format of their choice (Uppercase or Upper/Lower) on these forms, as preferred by most agents, we have reverted to forcing the Agent's details only, on these forms, to display and print in Uppercase as advised by the OFT. This is because you can't change your agent details on these forms through ADLForms.

Terms Heading

Terms of Appointment

(being a schedule to and forming part of the approved PAMD Form 20a form)

Clause 22

Where such information is required to be entered on the approved form, information contained in the Item Schedule and the Terms of Appointment shall apply to the approved PAMD Form 20a form.

Additions / Changes:

Clause 14

Insofar as either party to this Appointment is, with respect to the Premises a - Person Conducting a Business or Undertaking (under the Work Health and Safety Act 2011, Regulations or relevant Codes of Practice in relation thereto) such party must comply with the Act, Regulations or relevant Codes of Practice. Provided however, in carrying out any such obligations the Agent acts only as Agent for the Client.

Clause 15.1

The Agent having complied with its obligations under this Agreement, the Client indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Appointment including:

Clause 15.1(g)

any loss arising from injury to person or damage to property howsoever caused (except in the case of negligence on the part of the Agent)

Clause 20.2(2)

property data collection agencies; and/or

Additions / Changes:

Clause 1(2)

Reference to Applicable Legislation includes Queensland Government Legislation generally but particularly the Property Agents & Motor Dealer's Act 2000, regulations and amendments thereto, including (Real Estate Agency Practice Code of Conduct) Regulation 2001, Queensland Building Services Authority Act 1991, Property Law Act 1974, Residential Tenancies and Rooming Accommodation Act 2008, Body Corporate and Community Management Act 1997, Workplace Health and Safety Act 2011 1995, Building Act 1975, the Building Code of Australia, the Anti-discrimination Act 1991, Electrical Safety Regulation 2002, Fair trading Act 1989, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008 and Commonwealth Legislation including A New Tax System (Goods & Services Tax) Act 1999 and Competition and Consumer Act 2010(Cth).

Clause 8.1(5)

compliance with the Fire and Rescue Service Act 1990 Part 9A, Division 5A (installation and maintenance of smoke alarms see Item (Q) of the Item Schedule)

Clause 10.3

The Client does not rely on the Agent to determine the financial or credit suitability of any prospective Tenant/s beyond the details set out or obtained in accordance with the Application for Tenancy used by the Agent.

Clause 10.10

Notwithstanding the Agent's responsibility to refer suitable Tenant's based on the Agent's standard Application for Tenancy, final approval shall at all times be the responsibility of the Client as Landlord.

Clause 11.1

Except as otherwise authorised by the Client, the Agent will be responsible for locating suitable prospective tenants in accordance with the criteria detailed in the Agent’s Application for Tenancy so as to enable the Client to make an informed decision as to the suitability of the prospective tenants.

Clause 11.4

The Agent must where required or necessary, organise repairs, service and maintenance (utilising where appropriate, a licensed tradesperson) and where possible utilise those services of the persons detailed in Item (N) of the Item Schedule.

Clause 11.13

Where the Agent is authorised and directed to carry out perform the Client’s duties in respect of matters detailed in Clause 8.1 & 8.2 to the Fire and Rescue Service Act 1990 (installation and maintenance of smoke alarms) the Agent is authorised and reserves the right to employ the services of a suitably licensed tradesperson to carry out such requirements and bill the cost thereof to the Client.

Clause 11.14

When appointing tradespersons the Agent must exercise proper due diligence and in so doing, except in the case of negligence on the part of the Agent, will not be liable for loss or damage caused by or resultant upon the tradespersons carrying out works.

Clause 13.3

If the Agent is required under Clause 13.2 to provide an Inspection Report, the Client will accompany the Agent on inspection of the Property if specified in Item (J) of the Item Schedule.

Clause 14

Insofar as either party to this Appointment is, with respect to the Premises a - Person Conducting a Business or Undertaking (under the Work Health and Safety Act 2011, Regulations or relevant Codes of Practice in relation thereto) such party must comply with the Act, Regulations or relevant Codes of Practice.  Provided however, in carrying out any such obligations the Agent acts only as Agent for the Client.

Clause 21

The parties agree and confirm this Appointment documents may be forwarded electronically if the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Appointment.

Additions / Changes:

Item R

Clause 8.2(5)

where Schedule Item (R)(2) applies (except where an exemption, or the exemption period applies) ensure that a current Pool Safety Certificate is in effect prior to entering into, altering, extending or renewing a tenancy agreement with tenants for the Property.

Clause 10.10

Where the Agent in accordance with its obligations and authority engages the services of tradespeople, the Client acknowledges that where individuals are paid under a contract that is wholly or principally for their labour, provision must be made for superannuation contributions.  These people are considered employees for super guarantee purposes.

Clause 11.3

The Agent must where required or necessary, organise repairs, service and maintenance (utilising where appropriate a licenced trades person) and where possible utilise those services of the persons detailed in Item (N) of the Item Schedule.

Note: The Client acknowledges that where a self-employed tradesperson is paid under a contract that is wholly or principally for their labour, provision should be made for superannuation contributions as individual tradespersons could be considered employees for super guarantee purposes.

Clause 19

Clause 20

The parties agree and confirm documents may be forwarded electronically to a person if that person the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Appointment.

Additions / Changes:

Item R

Item X

If left blank, will be the later of the date of the last party (Client or Agent) signing.

(a) the date the Client signs the Appointment

(b) the date the Agent signs the Appointment

Clause 8.2(5)

where Schedule Item (R)(2) applies (except where an exemption, or the exemption period applies) ensure that a current Pool Safety Certificate is in effect prior to entering into, altering, extending or renewing a tenancy agreement with tenants for the Property.

Additions / Changes:

Clause 1(2)

Reference to Applicable Legislation includes Queensland Government Legislation generally but particularly the Property Agents & Motor Dealer's Act 2000, regulations and amendments thereto, including (Real Estate Agency Practice Code of Conduct) Regulation 2001, Queensland Building Services Authority Act 1991, Property Law Act 1974, Residential Tenancies and Rooming Accommodation Act 2008, Body Corporate and Community Management Act 1997, Workplace Health and Safety Act 1995, Building Act 1975, the Building Code of Australia, the Anti-discrimination Act 1991, Electrical Safety Regulation 2002, Fair trading Act 1989, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008 and Commonwealth Legislation including A New Tax System (Goods & Services Tax) Act 1999 and The Trade Practices Act 1974 Competition and Consumer Act 2010 (Cth).

Additions / Changes:

Item D

Item F

Water:  (Water Consumption Charges are only payable if the Property is separately metered)

From 1st April 2008 new laws apply with respect to Water Consumption Charges under the Residential Tenancies Act 1994.

The Property is/is not water efficient in accordance with Section 22 of the Residential Tenancies & Rooming Accommodation Regulation 2009.

Tick only one of the boxes below:

__  The Tenant is required to pay the Water Consumption Charges for the Property if:

__  Tenant to pay for Water Consumption costs in excess of the reasonable amount agreed between the Tenant and the Landlord of …………………………………………………………………………………..

__  Tenant not required to pay an amount for water consumption

Item R

The Property is/ is not water efficient in accordance with Section 22 of the Residential Tenancies & Rooming Accommodation Regulation 2009.

Item R

Item U

Note

The Special Conditions are inserted under instruction from a party to this Appointment and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No warranty is given by the Agent.  Legal advice should be sought.

Item W

Prior to signing, the Client should provide to the Agent, proof and details of current Public Liability Insurance, as listed below.

Insurer: ……………………………………  Policy No.:.………….……  Expiry Date:….../…../……

Item Y

Warning

WARNING: By signing this Appointment the parties confirm that no legal advice as to the conditions contained herein was provided by the Agent. The parties further agree that any Special Conditions or Clauses were inserted at the specific request of the relevant parties and the Agent gave no legal advice about same.

The parties have been advised to seek legal advice with respect to this Appointment. including Special Conditions.

Clause 1(9)

Pool Safety Certificate: means the certificate issued with respect to a Regulated Pool (shared or non-shared) that complies with the Pool Safety Standards in accordance with Chapter 8 of the Building Act 1975.

Note: For Shared Pools – a Pool Safety Certificate is valid for one year. For Non-shared Pools – a Pool Safety Certificate is valid for two years.

Clause 1(10)

Regulated Pool: where used in this document has the same meaning as given to it by Section 231B of the Building Act 1975.

Clause 8.1(6)

Where the Property contains a Regulated Pool (shared or non-shared), compliance with its obligations under Chapter 8 of the Building Act 1975 in respect to pool safety.

Clause 8.2(5)

where Item (R)(2) applies, ensure that a current Pool Safety Certificate is in effect prior to entering into, altering, extending or renewing a tenancy agreement with tenants for the Property.

Clause 14

If GST is not ticked in Item (D) of the Item Schedule then GST shall be payable in addition to the listed Fees and/or Charges.

Clause 19

Clause 20

The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Appointment.

Additions / Changes:

Item Q (3)

The Client does/does not authorise the Agent to perform the Client’s duties in respect to smoke alarms.

Client’s Initials: ……………….

Clause 10.8

The Client must comply with meet the requirements of the Fire and Rescue Service Act 1990 and the Building Fire Safety Regulation 2008 together with all relevant acts, legislation, by-laws, rules & regulations local, state and federal.

Clause 10.10

Where the Agent in accordance with its obligations and authority engages the services of tradespeople, the Client acknowledges that where individuals are paid under a contract that is wholly or principally for their labour, provision must be made for superannuation contributions. These people are considered employees for super guarantee purposes.

Clause 11.12

Where the Agent is authorised to perform the Client’s duties in respect to the Fire and Rescue Service Act 1990 (installation and maintenance of smoke alarms) the Agent reserves the right to employ the services of a licensed tradesperson and bill the cost thereof to the Client.

Clause 21

By signing this Appointment all parties acknowledge having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Appointment and any other related documents, for signing purposes or otherwise, by such means of communication as have been indicated in this document (ie. Facsimile numbers & email addresses).

Additions / Changes:

Item R

The Property is / is not water efficient in accordance with Section 22 of the Residential Tenancies & Rooming Accommodation Regulation 2009.

Additions / Changes:

PAMD Form

Changes made to the PAMD Form 20a as per the Warning Message, when opening the form, within the ADLForms program.

Item F

__  Tenant to pay for Water Consumption costs in excess of the reasonable amount of water use agreed between the Tenant and the Landlord of

…………………………………………………………………………………..........................................

Item R

The Property is / is not water efficient in accordance with Section 22 of the Residential Tenancies & Rooming Accommodation Act 2008.

Item S

The Agent named in Part 2 of the attached PAMD Form 20a is acting in conjunction with the Agent/s below:

Conjuncting Agent: ………………….....................………………………..  ABN: ………………………

License Number: ………………………….......................…….………..  License Expiry: …../.…./…..

Clause 16

If an Electrical Safety Switch is not installed on the Property or was installed prior to 1st June, 1992, the Client must install an approved new Electrical Safety Switch by the earlier of:

(a)  6 months after a Tenancy Agreement is entered into; or

(b)  the end of  29th February, 2008.

(See Section 80A of the Electrical Safety Regulation 2002)

Clause 21

By signing this Appointment all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Appointment and any other related appointments, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers & email addresses).

Temporarily reverted back to PAMD Form 20a V4 due to issues in regards to the boxed Licence Expiry field

Changes as per Office of Fair Trading

Additions / Changes:

Item F

Water:  (Water Consumption Charges are only payable if the Property is separately metered)

From 1st April 2008 new laws apply with respect to Water Consumption Charges under the Residential Tenancies and Rooming Accommodation Act 2008.

Item S

Special Terms Required by THE Landlord

Clause 1(1)

Agreement: any general tenancy or other agreement with respect to the letting of the Property complying with the provisions of the Residential Tenancies and Rooming Accommodation Act 2008 as amended.

Clause 1(2)

Applicable Legislation:  Reference to Applicable Legislation includes Queensland Government Legislation generally but particularly the Property Agents & Motor Dealer's Act 2000, regulations and amendments thereto, including (Real Estate Agency Practice Code of Conduct) Regulation 2001, Queensland Building Services Authority Act 1991, Property Law Act 1974, Residential Tenancies and Rooming Accommodation Act 2008, Body Corporate and Community Management Act 1997, Workplace Health and Safety Act 1995, Building Act 1975, the Building Code of Australia, the Anti-discrimination Act 1991, Electrical Safety Regulation 2002, Fair trading Act 1989, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008 and Commonwealth Legislation including A New Tax System (Goods & Services Tax) Act 1999 and The Trade Practices Act 1974.

Clause 1(6)

Condition Report: a report in compliance with Section 65 or Section 66 of the Residential Tenancy and Rooming Accommodation Act 2008.

Clause 5

The Client will be in breach of this Appointment should the Client fail to observe the provisions of any Agreement entered into during the term of this Appointment under the Residential Tenancies and Rooming Accommodation Act 2008 as amended. In the case of a breach which results in termination of the Agreement the Client must pay to the Agent:

Clause 8.1(4)

after the Agreement is signed, sufficient keys to the Property are provided to the Agent and Tenant/s for each lock as provided in accordance with Section 210 of the Residential Tenancies and Rooming Accommodation Act 2008.

Clause 8.1(5)

compliance with the Fire and Rescue Service Act 1990 Part 9A, Division 5A (smoke alarms see Item (Q) of the Item Schedule)

Clause 10.8

The Client must meet the requirements of the Fire and Rescue Service Act 1990 and the Building Fire Safety Regulation 2008 together with all relevant acts, legislation, by-laws, rules & regulations local, state and federal.

Clause 11.12

In respect to the Fire and Rescue Service Act 1990 (installation and maintenance of smoke alarms) the Agent reserves the right to employ the services of a licensed tradesperson and bill the cost thereof to the Client.

Clause 13.1

The Client will comply with all obligations with respect to condition reports and inspection required by the Residential Tenancies and Rooming Accommodation Act 2008 or the Agreement.

Clause 15.2

The Client acknowledges that the Agent is acting only as a licensed letting agent and is not responsible for reporting any matters (including defects latent or otherwise) other than those that are readily apparent during the course of standard periodic inspections (see Clause 13) or as bought to their attention as Agent by the Tenant.

The Agent is not otherwise qualified and it is the Client's responsibility to obtain specific advice with respect to the Property and its soundness as to building and structural integrity, pest, health, fire safety and other requirements.  As such, the Client indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of, or in respect of this Appointment, resulting from matters of cleanliness, safety, construction, building requirements or building deterioration, notwithstanding the Agent’s obligations under Clause 13.

Clause 19

Any Special Conditions to this Appointment shall form part of this Appointment.  Should there be inconsistency between these Terms of Appointment and a Special Condition, the Special Condition will apply.  All Special Conditions must be in compliance with the Residential Tenancies and Rooming Accommodation Act 2008.

Additions / Changes:

Item R

Special Conditions:

(a) Were inserted under instruction by a party to this Appointment; and/or

(b) Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the warning in Item (U), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.

Item U

The parties have been advised to seek legal advice with respect to this Appointment, including Special Conditions.

Additions / Changes:

Clause 10.7

The Client must have public liability insurance and be covered for a minimum of 10 million dollars, in addition to any insurance provided by a body corporate for common areas. Such policy must be maintained for the term of this Appointment and the Client must upon request provide a certificate annually confirming the currency of such policy.

Additions / Changes:

Item F

Where the Tenant is responsible for payment of Water Consumption Charges a copy of the water rates notice must be provided.

Additions / Changes:

Item B

Rent Collection: (Refer to Property Agents and Motor Dealers Regulation 2001, Schedule 1A,  Sections 33(1)(a) and 33(1)(b))

Letting: (Refer to Property Agents and Motor Dealers Regulation 2001,Schedule 1A,  Sections 32(1)(a) and 32(1)(b))

Item F

Water:  (Water Consumption Charges are only payable if the Property is separately metered)

From 1st April 2008 new laws apply with respect to Water Consumption Charges under the Residential Tenancies Act 1994.

Tick only one of the boxes below:

Clause 1(11)

Water Consumption Charge:  is the variable part of a water service charge assessed on the volume of water supplied to the Property.

Additions / Changes:

Item B

Letting: (Refer to Property Agents and Motor Dealers Regulation 2001,Schedule 1,  Sections 32(1)(a) and 32(1)(b))

Additions / Changes:

Item B

YOU MUST EXPRESS THE COMMISSION IN BOTH FORMATS

Rent Collection: (Refer to Property Agents and Motor Dealers Regulation 2001, Schedule 1,  Sections 33(1)(a) and 33(1)(b))

Letting: (Refer to Property Agents and Motor Dealers Regulation 2001,Schedule 1,  Sections 32(1)(a) and 32(1)(b))

Item C

Item Reformatted

Clause 2.3

The Agent is authorised to contact the Client in respect of other services which may be of interest or benefit to the Client.

Clause 6.2

Notwithstanding the monetary amounts listed in Part (5) of the PAMD Form 20a and Item (B) of the Item Schedule, the actual amount of Commission will be calculated based on the percentage set out in Part (5) of the PAMD Form 20a. (Item (B) of the Item Schedule)

Clause 8.1(5)

a minimum of one phone line is connected to the Property.

Changes as per Office of Fair Trading

Additions:

Item U

WARNING: By signing this Appointment the parties confirm that no legal advice as to the conditions contained herein was provided by the Agent.  The parties further agree that any Special Conditions or Clauses were inserted at the specific request of the relevant parties and the Agent gave no legal advice about same.

Additions:

Clause 22

Where such information is required to be entered on the approved form, information contained in the Item Schedule and the Terms of Appointment shall apply to the approved PAMD 20a form.

Changes:

Terms Heading

Terms of Appointment (being a schedule to and forming part of the approved PAMD 20a form)

Changes:

Clause 15.1

The Client indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Appointment including:

The Agent will be compensated by the Client in respect of any loss sustained by the Agent and arising out of this Appointment or resultant upon any act, omission or negligence on the part of the Client. for any losses arising from any actions, claims, and demands arising hereunder.

Changes:

Item U

Prior to signing the Agent should sight the Client’s Public Liability certificate of currency.

Additions:

Item S

ADDITIONAL REQUIREMENTS OF AGENT

Changes:

Item F

Additions:

Clause 6.2

Notwithstanding the monetary amount listed in Part (5) of the PAMD Form 20a, the actual amount of Commission will be calculated based on the percentage set out in Part (5) of the PAMD Form 20a. (Item (B) of the Item Schedule)

Changes as per Office of Fair Trading