|
BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
11 Sep 2012 v2.6
|
Clause 5.8
|
Where the Principal has complied with the Work Health and Safety Regulation 2011 (WHS Regulation) in accordance with Clause 9.2 of this Agreement, the Principal must provide copies of documentation referred therein to the Agent prior to entering into this Agency Agreement.
|
|
Clause 9
|
9.1
|
Where the Premises Property being offered for lease is a workplace as defined under the Work Health and Safety Act 2011, Regulation insofar as either party to this Agreement is, with respect to such Premises Property a - Person Conducting a Business or Undertaking (PCBU) (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 and relevant Codes of Practice. Provided however, in carrying out any such obligations the Agent acts only as Agent for the Principal.
Note: A PCBU is required to comply with the code of practice for management and control of asbestos in the workplace.
|
9.2
|
A PCBU with management or control of a workplace must ensure:
(1)
|
so far as is reasonably practicable, that all asbestos or asbestos containing material at the workplace is identified by a competent person or otherwise its presence is assumed.
|
(2)
|
where applicable to the workplace, an asbestos register is prepared, maintained, reviewed and kept at the workplace in accordance with Section 425 of the WHS Regulation.
|
(3)
|
where asbestos has been identified at the workplace, an asbestos management plan is prepared, maintained and reviewed in accordance with Section 429 of the WHS Regulation.
|
(4)
|
compliance with the relevant provisions of the WHS Regulation and relevant Code of Practice relating to management and control of asbestos in the workplace.
|
|
9.3
|
The Principal authorises and directs the Agent to take steps appropriate to ensure compliance with Clause 9.2, at the Principal’s expense, where:
(a)
|
the Principal has failed to provide copies of documents in accordance with Clause 5.8 to the Agent within a reasonable time; or
|
(b)
|
the Principal has not, where required by the WHS Regulation, complied with the provisions of Clause 9.2.
|
|
9.2
|
It is the Principal’s 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.
|
|
|
Clause 15.2(2)
|
property data collection agencies; and/or
|
02 Jul 2012 v2.5
|
Item 11
|
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 7.1
|
The Agent having complied with its obligations under this Agreement, the Principal indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement in respect of:
|
|
Clause 7.1(f)
|
the Agent acting in the capacity of the Principal under this Agreement; or
|
|
Clause 7.1(g)
|
any claim for compensation in respect of damage or loss to the tenant’s goods.
|
|
Clause 9.1
|
Where the Property being offered for lease is a workplace under the Work Health and Safety Regulation 2011and the Lessor is the person with management or control of the Property, the Lessor confirms, unless otherwise disclosed in the Item Schedule hereto, that the Lessor, 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. insofar as either party to this Agreement is, with respect to such Property a - Person Conducting a Business or Undertaking (PCBU) (under the Work Health and Safety Act 2011, Regulations and 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 such obligations the Agent acts only as Agent for the Principal.
Note: A PCBU is required to comply with the code of practice for management and control of asbestos in the workplace.
|
|
Clause 9.2
|
Insofar as either party to this Agreement is, with respect to the Property 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 Principal.
|
01 Jan 2012 v2.4
|
Item 11
|
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 7.1
|
The Agent having complied with its obligations under this Agreement, the Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement in respect of:
|
|
Clause 9
|
Work Occupational Health and Safety
9.1
|
In any matters relating to the Premises the Agent is not the controller of the Premises but always acts as Agent for the Principal who is the Controller of the Premises for all purposes relating to the Occupational Health and Safety Act 2000 and Regulation 2001.
|
9.1
|
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.
|
9.2
|
Insofar as either party to this Agreement is, with respect to the Property 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 such obligations, the Agent acts only as Agent for the Principal.
|
9.2
|
The Principal acknowledges, as the Controller of the Premises it is the Principal’s responsibility, in accordance with the Occupational Health and Safety Regulation 2001 (the Regulation) to:
(1)
|
Identify hazards (Section 34 of the Regulation)
|
(2)
|
Assess risk arising from identified hazards (Section 35 of the Regulation)
|
(3)
|
Eliminate or control risks and ensure all control measures are maintained (Section 36 of the Regulation)
|
(4)
|
Review risk assessments and control measures as appropriate, but not less than annually and in any case, prior to any letting of the Premises (Section 37 of the Regulation)
|
(5)
|
Provide information to other persons specified by the Regulation. (Section 38 of the Regulation)
|
The Principal will maintain appropriate written records with regard to hazard identification, risk assessment, elimination and control.
|
9.3
|
It is the Principal’s 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.
|
|
01 Nov 2011 v2.3
|
Item 10
|
BUILDING ENERGY EFFICIENCY DISCLOSURE Clause 1.1(11)
Where this Agreement relates to the leasing 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 Principal (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
(a)
|
confirms it has a valid & current Recognised Rating; and
|
(b)
|
agrees and undetakes 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.
|
|
|
Clause 1.1(11)
|
Recognised Rating: includes any of the following:
(a)
|
Building Energy Efficiency Certificate; or
|
(b)
|
National Australian Built Environment Rating System (NABERS Energy Star Rating); or
|
(c)
|
other recognised rating for the Property.
|
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.
|
02 Aug 2011 v2.2
|
Item 2
|
AGENT *(Where the Agent trades as a corporation, include the corporation’s licence number)
Name: ...........................................................................................................................................
Address: …………………………………………………………………….....… ACN: …………………………
……………………………………………………………………………………... ABN: …………………………
Phone: ..(….)……………………….. Fax: ..(…..)…………………….…. Mobile: ……………………………..
Email: ………………………………………….…………………………………………..………………………...
Licence Number/s*: ….………………………………………………….....………. GST Registered: Yes/No
|
|
Clause 4.4
|
The Agent is responsible for locating and introducing to the Principal suitable prospective tenants based on agreed established criteria for this type of selection so as to enable the Principal to make an informed decision as to the acceptability of the prospective tenants. Provided however, the Principal confirms it does not rely on the Agent to establish beyond the extent of the criteria, the credit worthiness of the Tenant.
|
|
Clause 5.4
|
The Principal does not rely on the Agent to determine the financial or credit suitability of any prospective tenant.
|
|
Clause 14
|
The parties agree and confirm this Agreement 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.
|
|
Clause 15.2(5)
|
other third parties as may be required by the Agent for the purposes of marketing, sales promotion and administration relating to the use of the Agent’s products and services and complying with legislative and regulatory requirements.
|
09 May 2011 v2.1
|
Item 5.3(3)
|
Security Bond:…………………………… or equivalent to …………………… weeks/month/s rent.
|
|
Clause 4.11
|
Should the Agent act in conjunction with other agents to effect a lease only one Letting Fee will be payable.
|
|
Clause 9
|
9.1
|
In any matters relating to the Premises the Agent is not the controller of the Premises but always acts as Agent for the Principal who is the Controller of the Premises for all purposes relating to the Occupational Health and Safety Act 2000 and Regulation 2001.
|
9.2
|
The Principal acknowledges, as the Controller of the Premises it is the Principal’s responsibility, in accordance with the Occupational Health and Safety Regulation 2001 (the Regulation) to:
|
|
(1)
|
Identify hazards (Section 34 of the Regulation)
|
|
(2)
|
Assess risk arising from identified hazards (Section 35 of the Regulation)
|
|
(3)
|
Eliminate or control risks and ensure all control measures are maintained (Section 36 of the Regulation)
|
|
(4)
|
Review risk assessments and control measures as appropriate, but not less than annually and in any case, prior to any letting of the Premises (Section 37 of the Regulation)
|
|
(5)
|
Provide information to other persons specified by the Regulation. (Section 38 of the Regulation)
|
|
The Principal will maintain appropriate written records with regard to hazard identification, risk assessment, elimination and control.
|
|
|
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 Agreement.
|
|
Clause 15
|
15.1
|
The Agent collects and uses personal information provided by obtained from you as the Principal to provide the services required by you or on your behalf.
|
15.2
|
You as the Principal agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to: in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):
|
|
(1)
|
potential tenants; and/or
|
|
(2)
|
data collection agencies; and/or
|
|
(3)
|
Owner’s Corporations & financial institutions; and/or
|
|
(4)
|
tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; and/or
|
|
(5)
|
other third parties as may be required by the Agent for the purposes of marketing, sales promotion, administration and complying with legislative and regulatory requirements.
|
15.3
|
Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf.
|
15.4
|
The Principal has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
|
|
04 Feb 2011 v2.0
|
Item 10
|
Where this Agreement relates to the leasing 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 Principal (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 14
|
A signed copy of this Agreement signed by the Agent must be served, by the Agent, on the Principal/Landlord within 48 hours after signing by the Principal/ Landlord. If a copy was given at the time of signing, the Principal(s) confirm having received such copy by initialing.
__ Copy received by the Principal(s): Date received: …./…./…. Principal(s) initials: ……………………
|
01 Jan 2011 v1.9
|
Form Header
|
Open & Exclusive Leasing Agency Agreement - Commercial & Industrial
The Property, Stock and Business Agents Act 2002 & Regulations
|
01 Nov 2010 v1.8
|
Item 10
|
Where this Agreement relates to the leasing of a Property affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA), the Principal (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 13
|
Signature of Principal
………………………………………….
Date: ……/……/……
|
Signature of Principal
………………………………………….
Date: ……/……/……
|
Signature of Agent
………………………………………….
Date: ……/……/……
|
|
|
|
Clause 1.1(11)
|
Recognised Rating: includes any of the following:
(a)
|
Building Energy Efficiency Certificate; or
|
(b)
|
National Australian Built Environment Rating System (NABERS Energy Star Rating); or
|
(c)
|
other recognised rating for the Property.
|
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.
|
10 Sep 2010 v1.7
|
Item 4
|
This Agreement is an Open/Exclusive Agency Agreement
Select only one type below:
__ This Agreement is an Exclusive Leasing Agreement and for the period commencing on ……………………………….…….. and concluding on ……………………………………… and thereafter shall continue as a Non Exclusive Leasing Agreement which can be terminated in writing by either party on the giving of not less than …………..…… days notice. unless extended in writing by the Principal.
OR
__ This Agreement is an Open Leasing Agreement and is effective from ……/……/…… and can be terminated thereafter in writing by either party on the giving of not less than ……………………. days notice.
In any of the above, such termination will be without prejudice to either parties existing rights, duties or obligations. This Agreement is terminated at such time when the Premises are leased.
|
|
Item 10
|
ADDITIONAL INSTRUCTIONS
|
|
Item 11
|
SPECIAL CONDITIONS
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 12
|
Signature of Principal(s) Signature of Agent
…………………………………………. …………………………………………..
Date: ……/……/…… Date: ……/……/…….
PS&BA Act Section 55(1)(c) – a copy of this Agreement signed by the Agent must be served on the Principal/Lessor within 48 hours after signing by the Principal/Lessor.
|
|
Item 13
|
A copy of this Agreement, signed by the Agent, must be served by the Agent, on the Principal/Landlord within 48 hours after signing by the Principal/Landlord. (See Section 55(1)(c) of the Act)
__ Copy received by the Principal(s):
Date received: …./…./…. Principal(s) initials: ……………………
|
|
Clause 13
|
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.
By signing this Agreement all parties acknowledge agree to having given prior approval in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related documents agreements for signing purposes or otherwise, by such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).
|
|
Clause 14
|
14.1
|
The Agent collects and uses personal information obtained from you as the Principal to provide the services required by you or on your behalf. You as the Principal 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):
|
|
(1)
|
marketing; and/or
|
|
(2)
|
sales promotion and administration; and/or
|
|
(3)
|
legislative and regulatory requirements relating to promotion, administration and use of the Agent’s products and services; and/or
|
|
(4)
|
analysing, verifying and/or checking the Principal’s credit, payment and/or status in relation to provision of services.
|
14.2
|
Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf.
|
14.3
|
The Principal has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.
|
|
10 June 2008 v1.6
|
Item 4
|
This Agreement is an Open/Exclusive Agency Agreement
Select only one type below
... This Agreement is an Exclusive Leasing Agreement and commences on ……………………………….…….. and concludes on ……………………………………… unless extended in writing by the Principal.
... This Agreement is an Open Leasing Agreement and is effective from ……/……/…… and can be terminated thereafter in writing by either party on the giving of not less than ……………………. days notice. Such termination will be without prejudice to either parties existing rights, duties or obligations. This Agreement is terminated at such time when the Premises are leased.
|
|
Clause 1.1(7)
|
Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.
|
20 Dec 2007 v1.4
|
Clause 4.1
|
The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Premises.
|
|
Clause 4.2
|
The Agent must, in compliance with Section 52 of the Act, not make any promise that is false, misleading or deceptive or conceal any material facts.
|
|
Clause 5.3
|
There is a positive obligation on the Principal to disclose relevant and material facts. Any failure to disclose information known to the Principal which may detract from the letting of the Premises will be a breach of this Agreement.
|
|
Clause 6.9
|
The Principal acknowledges before entering into this Agreement the Agent has provided a printed guide to the Agent’s Fees and Commissions and to the Expenses for which the Agent will require to be reimbursed.
|
|
Clause 7.1(c)
|
the Principal’s failure to give the Agent prompt and appropriate authority or instruction to carry out an instruction or authority; or
|
05 Apr 2007 v1.3
|
Item 10
|
The Agent is / is not authorised to conjunct with other agents for a Conjunctional Leasing of the Premises for the duration of this Agreement. If so Commission is:
Commission Apportionment as a %: (If not completed Commission will be apportioned equally)
Appointment Agent: ........................... Conjuncting Agent: ..................................
|
|