Additions / Changes:

Item B

Tick where appropriate

_ This item is not applicable (Section 144 of the Workplace Health & Safety Regulation 2008)

_ The owner has/has not complied with the Asbestos Management Code (Section 145 of the Workplace Health & Safety Regulation 2008)

Note: a Seller offering a Property for sale must comply with the applicable Asbestos Management Code before offering the Property for sale.

The Owner is required to comply with the Code of Practice for Management and Control of Asbestos for the Premises:

_ - No - Section 425(6) of the Work Health & Safety Regulation 2011 applies

_ - Yes - Is there a current Asbestos Register and Management Plan for the Premises: _ Yes _ No

Note: Section 428 of the Work Health & Safety Regulation 2011 requires that a copy of the Asbestos Register be given to the person assuming management or control of the workplace.

Clause 5

Asbestos – Workplace Health and Safety Regulation 2008

In respect to the Property being offered for sale the owner confirms that the owner has complied with the requirements of the Asbestos Management Code.

Clause 12

The Agent having complied with its obligations under this Appointment, the Client indemnifies the Agent, its officers and employees from and against all liabilities, actions, claims, demands, losses, costs (on an indemnity basis), damages and expenses arising out of or in respect of this Appointment from:

The Agent will be compensated by the Client in respect of 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.

Clause 14

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 Agreement.

Additions / Changes:

Item H

BUILDING ENERGY EFFICIENCY DISCLOSURE                                                                     Clause 1(8)

Where this Appointment relates to the selling of a Property required under the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current registered Building Energy Efficiency Certificate (BEEC) rating of the energy efficiency of the Property (Recognised Rating), the Client (as Owner): confirms it has such BEEC and agrees to provide the BEEC to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA

Clause 1(8)

Recognised Rating: includes any of the following:

Note: The above Recognised Ratings can be used during the transition period of the BEEDA which concludes on the 1st November, 2011 after which time a Building Energy Efficiency Certificate will be required.

Additions / Changes:

Item B

Tick where appropriate

__ This item is not applicable (Section 144 of the Workplace Health & Safety Regulation 2008)

__ The owner has/has not complied with the Asbestos Management Code (Section 145 of the Workplace Health & Safety Regulation 2008 S 145)

Note: a Seller offering a Property for sale must comply with the applicable Asbestos Management Code before offering the Property for sale.

Clause 13

Clause 14

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 D

Note: Refer Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001 Section 21 (Advice about market price or rent) and Trade Practices Act 1974 Competition and Consumer Act 2010 (Cth) Sections 52, 53 & 53A.

Item H

Where this Appointment relates to the selling of a Property required under affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA) to have a valid and current rating of the energy efficiency of the Property (Recognised Rating), the Client (as Owner):

Additions / Changes:

Item H

Where this Appointment relates to the selling of a Property affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA), the Client (as Owner):

(a) confirms it has a valid & current rating of the energy efficiency of the Property (Recognised Rating); and

(b) agrees and undertakes to provide details of the Recognised Rating to the Agent for inclusion in any advertisement of the Property or as otherwise required under the BEEDA.

Item I

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 J Note

The Special Conditions are inserted under instruction from a party to this Contract 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 K 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(8)

Recognised Rating: includes any of the following:

Note: The above Recognised Ratings can be used during the transition period of the BEEDA which concludes on the 1st November, 2011 after which time a Building Energy Efficiency Certificate will be required.

Clause 12

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.

Clause 13

Clause 14

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:

PAMD Form

Changes made to the PAMD Form 21a as per the Warning Message, when opening the form, within the ADLForms program.

Item E

The Agent named in Part 2 of the attached PAMD Form 21a is acting in conjunction with the Agent/s below:

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

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

Clause 13

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 and email addresses).

Additions / Changes:

Item B

The owner has/has not complied with the Asbestos Management Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC:2018(2005)] (Workplace Health & Safety Regulation 2008 S145)

Note: a Seller offering a Property for sale must comply with the Asbestos Management Code before offering the Property for sale.

Item G

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

Item H

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

Clause 5

Asbestos – Workplace Health and Safety Regulation 2008

In respect to the Property being offered for sale the owner confirms that the owner has complied with the requirements of the Asbestos Management Code. known as the NOHSC’s document entitled ‘Code of Practice for the Management and Control of Asbestos in Workplaces. [NOHSC:2018 (2005)]

Changes as per Office of Fair Trading

Changes:

Clause 9.2

the Client agrees the Commission is payable to the Agent forthwith. Provided however, where Clause 9.2 (c) applies, commission will remain due but monies payable shall (subject to the Seller’s rights to claim damages for breach of contract) be limited to the receipted deposit monies.

Additions:

Item H

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:

Item G

Special Conditions box added

Additions:

Clause 14

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 21a form.

Changes:

Terms of Appointment

Terms of Appointment (being a schedule to and forming part of the approved PAMD 21a form)

Clause 9.1

The Client agrees Commission as detailed in the Appointment will be due if the Client enters into an enforceable contract of sale when such contract becomes unconditional and payable:

Clause 9.2(b)

the Client, as Seller, releasing the Purchaser (by mutual agreement or otherwise) from the Purchaser's contractual obligations; or

Clause 9.3

The Agent will be entitled to the Agreed Commission if an enforceable contract is entered into with the Property is sold to a person introduced to the Property:

such Commission will be paid in accordance with either Clause 9.1 or 9.2.

Changes:

Clause 7.1

Clause 11.2

Notwithstanding the provision of Clause 11.1 (2) the Client by this Appointment agrees only offers which the Agent in its discretion considers are significant and which offers are in writing be, in accordance with Section 11 of the Code of Conduct, communicated to the Client.

Additions:

Clause 9.5

Notwithstanding the monetary amount listed in Part (10) of the PAMD Form 21a, the actual amount of Commission will be calculated based on the percentage set out in Part (10) of the PAMD Form 21a.

Changes as per Office of Fair Trading

Changes:

Item B

The owner has/has not complied with the Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC:2018(2005)] (Workplace Health & Safety Regulation 1997 S73)

Note: a Seller offering a Property for sale must comply with the Asbestos Management Code before offering the Property for sale.

Clause 5

Asbestos – Workplace Health and Safety Regulation 1997

In respect to the Property being offered for sale the owner confirms that the owner has complied with the requirements of the Asbestos Management Code known as the NOHSC’s document entitled ‘Code of Practice for the Management and Control of Asbestos in Workplaces. [NOHSC:2018 (2005)]

Changes:

Item E

Commission Apportionment as a %: (if not completed commission will be apportioned equally)

Additions:

Clause 13

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:

Item D

(Tick clause (c) above if the Agent has given any opinion to the Client in respect to the Market Price of the Property and complete the Market Price range fields. Supporting documentation must be included or attached)

Clause 9.2

the Client agrees the Commission is payable to the Agent forthwith.

Clause 9.4

The Client authorises and directs the Agreed Commission to be paid to the Agent by the person holding the deposit monies or other monies due under the contract for the sale of the Property, be that the stakeholder or other person as provided herein. on completion of such sale. This Appointment shall be sufficient authority and discharge for such payment.

Clause 10.2

The Agent is authorised, prior to listing, to make its own enquiries into the information provided by the Client in Clause 10.1 (1), at the Client's cost, and 10.1 (2)

Changes as per Office of Fair Trading

Changes:

Clause 1(3)

Code of Conduct: referred to as the Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001.

Clause 3.1

The Client instructs the Agent to list the Property at the Listing Price mentioned in Item (6) of the attached PAMD Form 21a.

Clause 3.2

The Seller acknowledges it has not relied on any material facts provided by the Agent other than those not contained in the Material Facts Annexure in arriving at the Listing Price.

Clause 4.2

If the Client enters into more than one Appointment and there is a sale the Client may have to pay a Commission for each Appointment and / or damages for breach of the Appointment to act.

Clause 7.3

The percentage apportionment of Commission between the Agents, if a conjunction agreement is to take place, shall be the percentage stated in Item E.

Clause 8.1

The Reserve price is the amount stated in Item (6) of the attached PAMD Form 21a unless otherwise instructed in writing by the Client or any other authorised person prior to the Auction taking place.

Clause 8.5

The Client authorises the Agent to employ a Licensed Auctioneer to carry out the Auction. The fee which the Client must pay is specified in Item (7.1) and (7.2) of the PAMD Form 21a.

Clause 8.6

Should the Property be sold by Auction, the contract will be unconditional for cash with a deposit of 10% payable on the fall of the hammer and settlement within thirty (30) days of the date of the Auction.

Clause 9.3

The Agent will be entitled to the Agreed Commission if the Property is sold to a person introduced to the Property;

Clause 10.1(1)

it is the owner of the Property, the description in Item (3) of the PAMD Form 21a is correct and the Client is authorised to appoint the Agent for sale of the Property.

Clause 11.1

In accordance with Section 11 of the Code of Conduct, the appointed Agent must keep the Client informed of: notify the Client in writing or verbally of:

Additions:

Clause 1(6)

Market Price: an estimated price based on properties of similar characteristics in the area at that time.

Clause 1(7)

Material Facts Annexure: the ADL Forms Comparative Market Analysis form.

Changes:

Clause 2

In consideration of and in accordance with the terms of this Appointment, the Client appoints the Agent and its permitted Assigns, and the Agent agrees to sell the Property for the Client. Authority vested in the Agent by this Appointment shall be deemed to be vested in the Agent's authorised employees.

Clause 8.5

The Client authorises the Agent to employ a Licensed Auctioneer to carry out the Auction. The fee which the Client must pay is specified in Item 7.1 and 7.2 of the PAMD Form 21a.

Changes:

Item C

Clause reference changed from 4 to 5

Item D

Clause reference changes from 10.3 to 3

Deleted wording and replaced with the following;

The Client acknowledges in obtaining this Appointment, the Agent;

(Tick the above box if the Agent has given any opinion to the Client in respect to the Market Price of the Property and complete the Market Price range fields. Supporting documentation must be included or attached)

(Tick only one of the above boxes)

Note: Refer Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001 Section 21(Advice about market price or rent) and Trade Practices Act 1974 sections 52, 53 & 53A.

Item E

Clause reference changed from 6 to 7

Item F

Clause reference changed from 7 to 8

Auctioneer's Fee: (MUST be included in Items 7.1 & 7.2  of the attached PAMD 21a)

Reserve Price: (see Item 6 of the attached PAMD 21a)

Auction Conditions:

Clause 10.3

Delete this Clause

Clause 10.4

Move this Clause to become Clause 3.1

Clause 3 to 11

Renumber up one to accommodate the addition of a new Clause 3

Clause 8.1

The reserve price is the amount stated in Item F of the Item Schedule Item 6 of the attached PAMD Form 21a unless otherwise instructed in writing by the Client or any other authorised person prior to the Auction taking place.

Clause 8.2

Change the word premises to Property

Clause 9.3

Delete current Clause and replace with the following:

The Agent will be entitled to the Agreed Commission if the Property is sold to a person introduced to the Property;

Clause 10.1(1)

it is the owner of the Property, the description in Item 3 of the PAMD Form 21a is correct and the Client is authorised to appoint the Agent for sale of the Property.

Additions:

Clause 3.2

The Seller acknowledges it has not relied on any material facts not contained in the Material Facts Annexure in arriving at the Listing Price.

Changes:

Clause 11

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.