Additions / Changes:

Clause 1(1)

Applicable Legislation: Reference to relevant 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, Property Law Act, Queensland Building and Construction Commission Act 1991, A New Tax System (Goods & Services Tax) Act 1999, Electrical Safety Regulation 2002, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008, the Residential Tenancies and Rooming Accommodation Act 2008 as amended and the Work Health & Safety Act 2011.

Clause 1(5)

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

Clause 10.7

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 9.1(2)

the Property and inclusions is are safe and fit for the Occupant/s to occupy.

Note: Prior to occupancy the Client should have the Property and inclusions inspected by someone with appropriate experience in house maintenance and safety standards.

Clause 16.2

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 of which they become aware.

The Agent is not otherwise qualified and it is the Client's responsibility to obtain specific advice with respect to the Property and inclusions with regard to and its soundness as to building and structural integrity, pest, health, fire safety and other requirements.

Additions / Changes:

Item F

1.   Inclusions (for use by the Occupant/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 P

*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 Q

SPECIAL CONDITIONS FOR THIS APPOINTMENT                                                              Clause 20

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 S

Special Terms FOR AN OCCUPANCY AGREEMENT                                                    Clause 10.21

Any Special Terms inserted under instruction by the Client 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 (W), legal advice should be sought as to the meaning and effect of such Special  Terms before signing any Occupancy Agreement.

Item V

AGREED NOTICE PERIOD                                                                                                Clause 18.1

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

Clause 1(1)

Agreement: a verbal or written agreement between the Agent and the Occupant/s stating any terms and conditions the Occupant/s must adhere to whilst occupying the Property including rules and regulations set out from time to time.

Clause 1(14)

Occupancy Agreement: a verbal or written agreement between the Agent and the Occupant/s stating any terms and conditions the Occupant/s must adhere to whilst occupying the Property including rules and regulations set out from time to time.

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 9.1(4)

sufficient keys to the Property are provided to the Agent to enable the Agent to carry out his/her obligations under this Appointment Agreement which includes keys for Occupants at the Client’s own cost.

Clause 9.1(11)

where Item (P)(2) applies 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 9.4

The Client authorises the Agent to remove from the Property any Occupant/s whose behaviour is considered unlawful or in breach of the Occupancy Agreement by which the Occupant occupies the Property.

Clause 9.6(2)

if the Client does not specify a rental figure in accordance with Clause 9.6 (1) then the Client authorises the Agent to determine a fair and reasonable rental figure that reflects the current market conditions for the Property based on its current state, unless otherwise instructed by the Client.

Clause 10.15

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 Occupant subject to the Occupancy Agreement.

Clause 10.21

The Agent will, subject to the Client’s written instructions and in compliance with relevant legislation, negotiate, finalise and where necessary, terminate an Occupancy Agreement on behalf of the Client.

Clause 10.22

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

Clause 16.1

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 16.2

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 of which they become aware.

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.

Clause 18.1

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 (V) of the Item Schedule.

Clause 18.2

In the event of the Client committing to sell or transfer the Property the Client will terminate this Appointment in accordance with Clause 7 of this Appointment.

Clause 22.2

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 24

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 15

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 16.1

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 16.1(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 22.2(2)

property data collection agencies; and/or

Additions / Changes:

Clause 1(2)

Applicable Legislation: Reference to relevant 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, A New Tax System (Goods & Services Tax) Act 1999, Electrical Safety Regulation 2002, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008, and the Property Law Act and the Work Health & Safety Act 2011.

Clause 9.1(9)

the requirements of the Fire and Rescue Service Act 1990 and the Building Fire Safety Regulation 2008 (installation and maintenance of smoke alarms see Item (N) of the Item Schedule) together with all relevant acts, legislation, by-laws, rules & regulations local, state and federal are complied with.

Clause 10.3

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 (L) of the Item Schedule.

Clause 10.4

Where the Agent is authorised and directed to carry out perform the Client’s duties in respect of matters detailed in Clause 9.1 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 suitably licensed tradesperson to carry out such requirements and bill the cost thereof to the Client.

Clause 10.5

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 15

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 23

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 P

Clause 9.1(11)

where Schedule Item (P)(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 9.7

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 10.3

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 (L) 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 21

Clause 22

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 P

Item T

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 9.1(11)

where Schedule Item (P)(2) applies (except where an exemption, or the exemption period applies) 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:

Item C

Item O

Item Q

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 S

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 U

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(16)

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(17)

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

Clause 9.1(11)

where Item (O)(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 9.8

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

Clause 15

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

Clause 21

Clause 22

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 N (3)

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

Client’s Initials: ……………….

Clause 9.7

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 10.4

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 23

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:

PAMD Form

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

Item O

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 17

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 23

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:

Clause 1(2)

Reference to relevant 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, A New Tax System (Goods & Services Tax) Act 1999, Electrical Safety Regulation 2002, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008 and the Property Law Act.

Clause 9.1(9)

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 are complied with.

Clause 10.4

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 10.9(3)

account in writing to the Client with respect to Clause 10.9 (1) and those monies paid or used by the Agent carrying out the Agent’s Obligations under this Appointment.

Clause 16.2

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 of which they become aware.

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.

Additions / Changes:

Item O

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 (Q), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.

Item Q

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

Additions / Changes:

Clause 9.1(8)

it has public liability insurance and is 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:

Item A

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

Additions / Changes:

Item A

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))

Item B

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 5.3

Notwithstanding the monetary amounts listed in Part (5) of the PAMD Form 20a and Item (A) 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 (A) of the Item Schedule)

Clause 10.17

On payment by the Occupant of a booking the deposit to the Agent, the Client will be bound by and agrees to the letting created by the booking. term of period of the occupancy.

Changes as per Office of Fair Trading

Additions:

Item Q

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 24

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 16.1

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 A

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

COMMISSION:        …...……………………………………………………………

GST:                       …...……………………………………………………………

TOTAL PAYABLE:   …………………………………………………………………

COMMENTS:           .................................................................................

Item Q

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

Clause 19

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

Additions:

Clause 5.3

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 (A) of the Item Schedule)

Changes as per Office of Fair Trading

Additions:

Clause 2.2

The Agent is authorised to assign this Appointment provided such assignment is made in accordance with the terms and conditions of this Appointment.

Additions:

Item M

An Electrical Safety Power Switch is/is not installed for general purpose socket outlets.

(A Licensed Electrician can advise in relation to this requirement)

Clause 17

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

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

Changes:

Clause 20

Reference to relevant 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, Property Law Act, Electrical Safety Regulation 2002 and the Residential Tenancies Act 1994 as amended.

Additions:

Clause 23

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, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).

Additions:

Item A

LETTING APPOINTMENT TYPE

All other Item Letters change accordingly

Clause 4.2

All appointments for the collection of rent and other property management services are Exclusive.

Additions:

Clause 7.1(2)

Note: Prior to occupancy the Client should have the Property inspected by someone with appropriate experience in house maintenance.

Changes as per Office of Fair Trading

Changes:

Item G

Insurance policy exiry date added

Changes:

Clause 22

The Agent collects and uses personal information obtained from you as Client to provide the services required by you or on your behalf. You as Client agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) to third parties for (where applicable) marketing, and sales promotion and administration and as required for legislative and regulatory requirements and relating to promotion administration and use of the Agents products and services. Without provision of certain information the Agent may not be able to act effectively or at all on the Client's behalf. The Client has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.

Changes:

Clause 10.3

The Agent must organise repairs and maintenance (utilizing where necessary a licenced trades person) through a licensed trades person and where possible utilise those services of the persons detailed in Item L of the Items Schedule.

Changes:

Clause 21 (e)

Deleted

PAMD Item 6

Note: The maximum amount of expenditure which a tenant may incur for emergency repairs is an amount equal to two weeks rent (S127 (1) Residential Tenancies Act 1994)

Clause 1 (12) GST

G.S.T: has the same meaning used in the A New Tax System (Goods & Services Tax) Act 1999 and "GST" includes any applicable rulings issued by the Commissioner of Taxation.

Changes:

Heading

ITEMS SCHEDULE FOR HOLIDAY LETTING (in conjunction with PAMD Form 20a)