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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
01 Jan 2012 v1.6
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Item D
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The owner has/has not complied with the Asbestos Management Code (Workplace Health & Safety Regulation 2008 S145)
An Asbestos Management Plan (if applicable) is/ is not available
Note: a Seller offering a Property for sale must comply with the 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.
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Clause 5
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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.
5.1
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Where the Property being offered for sale is a workplace under the Work Health and Safety Regulation 2011 and the Owner is the person with management or control of the Property, the Owner confirms, unless otherwise disclosed in the Item Schedule hereto, that the Owner, to the extent required, has complied with the requirements of the current Code of Practice for the Management and Control of Asbestos in the Workplace.
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5.2
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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.
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5.3
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It is the Clients responsibility to comply, so far as reasonably practicable, with its obligations under Section 21 of the Work Health and Safety Act 2011 with respect to ensuring any fixtures, fittings and plant, to which such Act applies, are without risk to the health and safety of any person.
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Clause 11
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The Agent having complied with its obligations under this Appointment, the Client (and the Guarantor) 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:
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Clause 12
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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.
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Clause 13
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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.
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01 Jan 2011 v1.5
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Item E
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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.
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Item I
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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:
.../
../
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Item J
Note
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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.
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Item K
Warning
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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.
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Clause 12
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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 Agreement.
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Clause 13
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13.1
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The Agent collects and uses personal information obtained from you as the 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) for (where applicable):
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(1)
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marketing; and/or
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(2)
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sales promotion and administration; and/or
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(3)
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legislative and regulatory requirements relating to promotion administration and use of the Agents products and services.
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13.2
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Without provision of certain information the Agent may not be able to act effectively or at all on the Clients behalf.
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13.3
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The Client has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.
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17 Nov 2009 v1.4
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Item D
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The owner has/has not complied with the Asbestos Management Code (Workplace Health & Safety Regulation 2008 S145)
An Asbestos Management Plan (if applicable) is/ is not available
Note: a Seller offering a Property for sale must comply with the Asbestos Management Code before offering the Property for sale.
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Item J
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Prior to signing the Client should provide, to the Agent, proof and details of current Public Liability Insurance.
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Clause 7.6
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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 on the Sale Price as at the date of Settlement.
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Clause 8.2
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The Agent is authorised:
(1)
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at the Clients cost, to make its own enquiries into the information provided by the Client in Clause 8.1(1) and 8.1(2) and to take such reasonable steps as the Agent considers necessary to verify such information.
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(2)
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to make such further inquiries as the Agent considers necessary to confirm Material Facts relevant to the Business and its sale in order to avoid any errors and confirm information already provided. Any searches undertaken will be at the Clients cost.
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26 Aug 2009 v1.3
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PAMD Form
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Changes made to the PAMD Form 21a as per the Warning Message, when opening the form, within the ADLForms program.
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Item F
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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:
../.
./
..
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Clause 12
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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).
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22 Sept 2008 v1.2
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Item D
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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.
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Item H
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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 (I), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.
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Item I
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The parties have been advised to seek legal advice with respect to this Appointment, including Special Conditions.
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Clause 5
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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 NOHSCs document entitled Code of Practice for the Management and Control of Asbestos in Workplaces. [NOHSC:2018 (2005)]
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04 Feb 2008 v1.1
Changes as per Office of Fair Trading
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