Additions / Changes:

Clause 10.17

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.

Clause 21(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 21(3)

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

Additions / Changes:

Clause 7.1(5)

a minimum of one phone line is available to be connected to the Property. (Note: costs associated with the connection of the service are the responsibility of the Tenant, unless otherwise specified)

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 R

*Note: If no current Pool Safety Certificate is in effect the Client must obtain the certificate prior to entering into, altering, extending or renewing a General Tenancy 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 18

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 A GENERAL TENANCY AGREEMENT                                            Clause 10.11

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 General Tenancy Agreement.

Item Y

AGREED NOTICE PERIOD                                                                                                Clause 16.1

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

Clause 1.4

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 1.5

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 7.2(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 General Tenancy Agreement with Tenants for the Property.

Clause 7.3

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

Clause 9.4

The Client acknowledges once a General Tenancy Agreement has been entered into by the Client and tenant the Agent is limited to its Obligations under this Appointment.

Clause 9.5

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 10.10

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

Clause 10.11

The Agent will, subject to the Residential Tenancies and Rooming Accommodation Act 2008 and other Applicable Legislation, negotiate, finalise and where necessary, execute on behalf of the Client any General Tenancy Agreement or any amendments or variations thereto, including any other documents in relation to the tenancy arising from this Appointment.

Clause 10.12

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

Clause 10.18

The Agent must immediately notify the Client in writing if the Agent becomes aware of a tenant's breach, which is in the Agent’s opinion a fundamental breach of the General Tenancy Agreement.

Clause 10.20

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 General Tenancy Agreement.

Clause 11.1

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 General Tenancy 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 General Tenancy Agreement entered into under the authority of this Appointment with the relevant Body Corporate.

Clause 14.1

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 from:

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 14.2

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 11) or as bought to their attention as letting 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 11.

Clause 16.1

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 16.2

In the event of the Client committing to sell or transfer the Property the Client will terminate this Appointment in accordance with Clause 8 of this Appointment.

Clause 17

Each party has received a signed copy of this document and understands such document or has had the opportunity to obtain professional advice with respect to the Appointment and each party acknowledges it is bound by the terms of this Appointment which include the attached PAMD Form 20a and all schedules annexed thereto and each party acknowledges this Appointment constitutes the entire agreement between the parties.

Clause 19.2

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 13

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 14.1

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 14.1(f)

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 19.2(2)

property data collection agencies; and/or

Additions / Changes:

Clause 7.1(6)

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 9.3

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

Clause 9.7

The Agent having established criteria for Tenant selection, if the Agent has approved a Tenant and the Client disagrees, the Client takes sole responsibility for any action that may follow as a result of that decision.

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 10.1

Except as otherwise authorised by the Client, the Agent will be responsible for locating and introducing to the Client 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 10.3

The Agent must where required or necessary, organise repairs, service and maintenance (utilizing, where appropriate, a licensed tradesperson) and where possible utilise those services of the persons detailed in Item (N) 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 7.1 & 7.2 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 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 11.3

If the Agent is required under Clause 11.2 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 13

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 20

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

Clause 21(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, Electrical Safety Regulation 2002, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008, and the Residential Tenancies and Rooming Accommodation Act 2008 as amended and the Work Health & Safety Act 2011.

Additions / Changes:

Item R

Clause 7.2(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 9.9

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 10.2

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 18

Clause 19

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 7.2(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:

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 7.1(7)

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 7.2(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 10.8

The Agent must account in writing to the Client with respect to 10.11and those monies paid or used by the Agent carrying out the Agent’s Obligations under this Appointment.

Clause 10.11

The Agent must account in writing to the Client with respect to Clause 10.10 and those monies paid or used by the Agent carrying out the Agent’s Obligations under this Appointment.

Clause 16

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 18

Clause 19

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.

Clause 20(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 20(10)

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

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 9.8

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 9.9

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

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 20

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 14

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 20

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 T

Special Terms Required by THE Landlord

Clause 4

The Client will be in breach of this Appointment should the Client fail to observe the provisions of any General Tenancy or other 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 General Tenancy Agreement the Client must pay to the Agent:

Clause 7 (Header)

Client’s Obligations Regarding Tenancy (Refer to the Residential Tenancies and Rooming Accommodation Act 2008, S185 for obligations generally)

Clause 7.1(4)

after the General Tenancy 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 9.9

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 10.3

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 10.10

The Agent will, subject to the Residential Tenancies and Rooming Accommodation Act 2008 and other Applicable  Legislation, negotiate, finalise and where necessary, execute on behalf of the Client any Tenancy Agreement or any amendments or variations thereto, including any other documents in relation to the tenancy arising from this Appointment.

Clause 11.1

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 Tenancy Agreement.

Clause 13.1(d)

the Tenant’s failure to comply with his/her obligations under the Residential Tenancies and Rooming Accommodation Act 2008 and or other Applicable Legislation; or

Clause 13.2

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 11) or as bought to their attention as letting 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 11.

Clause 18

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.

Clause 21(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, Electrical Safety Regulation 2002, Fire and Rescue Service Act 1990, Building Fire Safety Regulation 2008 and the Residential Tenancies and Rooming Accommodation Act 2008 as amended.

Clause 21(5)

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

Clause 21(7)

General Tenancy 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.

Additions / Changes:

Item S

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 9.6

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 21(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 1.3

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

Clause 5.2

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 7

Client’s Obligations Regarding Tenancy (Refer to the Residential Tenancies Act 1994, S103 for obligations generally full details)

Clause 7.1(5)

a minimum of one phone line is available to be connected to the Property. (Note: costs associated with the connection of the service are the responsibility of the Tenant, unless otherwise specified)

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 13.1

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 from:

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

Changes:

Item U

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

Additions:

Item R

ADDITIONAL INSTRUCTIONS

Additions:

Item Q

1) Smoke alarms are/are not installed in accordance with Part 9A, Division 5A of the Fire and Rescue Service Act 1990.

2) Service and maintenance of smoke alarms:

   (a) Date smoke alarm last tested and cleaned: …../…../……

   (b) Date smoke alarm batteries last changed: …../…../……

   (c) Service life as indicated by the manufacturer’s warranty: …………………………..

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

{From the 1st July 2007 owners of all houses and units (domestic dwellings) in Queensland must install and maintain smoke alarms in compliance with the Fire and Rescue Service Act 1990 as amended}

Clause 8

In the event of the Property being transferred by the Client:

Clause 12.2

The Agent is authorised to obtain from the Body Corporate a copy of current by-laws.  A copy of such by-laws are to be provided to all Tenants by the Agent upon occupying the Property.

Clause 12.3

The Client must instruct the Body Corporate to provide the Agent with revised by-laws when and if such by-laws are amended.

Clause 15.3

Upon Termination of this Appointment the Client must pay, within the time period specified in Part (4) of the attached PAMD Form 20a, to the Agent all Fees and Commission then due and owing to the Agent.

Clause 16

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

Clause 21

In this Schedule the following terms mean:

Changes:

Item N

Electrical Repairs:   ……………………………………   Phone:  ..(……)……………...

Plumbing Repairs:   ……………………………………   Phone:  ..(……)……………...

Building Repairs:     ……………………………………   Phone:  ..(……)……………...

Other:                    ……………………………………   Phone:  ..(……)……………...

Clause 4

The Client will be in breach of this Appointment should the Client fail to observe the provisions of any General Tenancy or other agreement entered into during the term of this Appointment under the Residential Tenancies Act 1994 as amended. In the case of a breach which results in termination of the General Tenancy Agreement the Client must pay to the Agent:

'General Tenancy Agreement' means any Tenancy Agreement with respect to the letting of the Property which Agreement will conform with the requirements of the Residential Tenancies Act 1994 as amended.

Clause 5.1

The Client will pay all Commission as more particularly detailed in Part (5) of the attached PAMD Form 20a.(Item (B) of the Item Schedule)

Clause 7.1

At the start of the tenancy the Client must ensure, at their own cost:

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

Clause 10

Clause 13.1

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 from:

This means The Agent will be compensated by the Client, in respect of for such actions, claims, demands, losses, costs, damages and expenses arising out of this Appointment or resultant upon any act, omission or negligence on the part of the Client. in respect to this clause.

Clause 18

Any Special Conditions to this Appointment contract shall form part of this Appointment contract.  Should there be inconsistency between these Terms or Appointment and a Special Condition, the Special Condition will apply.

Changes:

Item F

Additions:

Clause 5.2

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

Additions:

Clause 1.2

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 Q

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 14

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 17

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 19

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).

Changes:

Clause 3.1

If the Client by this Appointment appoints the Agent as Exclusive Agent for letting the Client will for the duration of this Appointment refer any prospective tenants of which the Client becomes aware to the Agent.

Additions:

Item B

LETTING APPOINTMENT TYPE

All other Item Letters change accordingly

Clause 3.2

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

Changes:

Clause 6

The client will pay all Fees and Charges as detailed in Item (6) and Expenses as detailed in Item (7) of the attached PAMD Form 20a or as outlined in Items (B), (D) & (E) in the Item Schedule. The Client authorises the Agent to deduct all such Fees, Charges, Expenses and other outlays owing to or incurred by the Agent in association with this Appointment where possible from rent collected.

Clause 10.7

Clause Deleted

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:

Clause 18

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 10.2

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

Changes:

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)

Changes:

Clause 14.1

Either party may terminate this Agreement shall be in accordance with the terms of Clause 4.2 of the attached PAMD 20a unless not specified in the said PAMD 20a in which case Termination shall be in accordance with Section 133 (4) (b) etc….

Changes:

Clause 3

If the Client by this Agreement appoints the Agent as Exclusive the Client will for the duration of this Agreement refer any prospective tenants of which the Client becomes aware to the Agent.

Clause 13.1 (e)

the Agent acting on behalf of the Client under this Agreement.

Additions:

Item B Commision

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))

Changes:

Item E

Add reference to Clause 10.7

Changes:

Clause 7.1 (4)

after the Tenancy Agreement is signed provide keys to the premises to the Agent and tenant/s for each lock as provided in accordance with Section 120 of the Residential Tenancy Act 1994.