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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
11 Sep 2012 v2.6
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Item 5.1(12)
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__ To comply with the Work Health and Safety Act 2011 and Regulations thereto and act in accordance with the Principal’s instructions regarding same.
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Item 12
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ASBESTOS Clause 8.1
112.1
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Is an Asbestos Register and Asbestos Management Plan required for the Premises: __ Yes __ No
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12.2
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If ‘yes’ for Item (12.1), is there a current Asbestos Register and Asbestos Management Plan for the Premises: __ Yes __ No
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Notes:
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(1)
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Where the Premises contain or are likely to contain asbestos or have been built prior to 31st December 2003, an up to date Asbestos Register must be kept at the Premises.
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(2)
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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 5.3(1)
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Subject to the Principal’s responsibilities in Clause 8, Clause 8.2 and in accordance with Clause 8.4 the Principal authorises the Agent to initiate and pay for maintenance and repairs on the Premises, enlisting qualified tradespersons where required without first seeking permission from the Principal up to the Maximum Pre-approved Maintenance Expenditure stated in Item (5.1(8)(a)). The Agent will obtain the Principal’s written approval before ordering maintenance or repairs if the cost of the maintenance or repairs is more than the Maximum Pre-approved Maintenance Expenditure, provided in emergency circumstances, the Agent is authorised to immediately initiate repairs which may be in excess of the authorised amount.
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Clause 6.11
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Where the Principal has complied with the Work Health and Safety Regulation 2011 (WHS Regulation) in accordance with Clause 8.2 of this Agreement, the Principal must provide copies of documentation referred therein to the Agent prior to entering into this Agency Agreement.
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Clause 8
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8.1
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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.
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8.2
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A PCBU with management or control of a workplace must ensure:
(1)
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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.
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(2)
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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.
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(3)
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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.
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(4)
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compliance with the relevant provisions of the WHS Regulation and relevant Code of Practice relating to management and control of asbestos in the workplace.
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8.3
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The Principal authorises and directs the Agent to take steps appropriate to ensure compliance with Clause 8.2, at the Principal’s expense, where:
(a)
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the Principal has failed to provide copies of documents in accordance with Clause 6.11 to the Agent within a reasonable time; or
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(b)
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the Principal has not, where required by the WHS Regulation, complied with the provisions of Clause 8.2.
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8.2
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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.
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8.4
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The Principal having complied with Clause 6.8 with respect to the Essential Services Act 1988 and having obtained an installation certificate will prepare annually a maintenance certificate for forwarding to the relevant authorities in accordance with their requirements.
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8.6
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The Principal will authorise the Agent to, on the Principal’s behalf, exercise the responsibility of the Principal as outlined in Clause 8.2.
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8.5
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The Principal will comply with written requests made by the Agent in relation to compliance with the Work Health and Safety Act 2011 in respect of matters covered generally in this Agreement and in particular, matters detailed in Clauses 5 & 8.
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Clause 16.2(2)
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property data collection agencies; and/or
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02 Jul 2012 v2.5
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Item 5.1(12)
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To act in accordance with the Principal’s instructions with respect to matters relating to the Work Health and Safety Act 2011 and Regulations thereto. To comply with the Work Health and Safety Act 2011 and Regulations thereto and act in accordance with the Principal’s instructions regarding same.
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Item 12
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12.1
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Is an Asbestos Register and Asbestos Management Plan required for the Premises: _Yes _No
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12.2
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If ‘yes’ for Item (12.1), is there a current Asbestos Register and Asbestos Management Plan for the Premises: _Yes _No
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
Notes:
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(1)
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Where the Premises contain or are likely to contain asbestos or have been built prior to 31st December 2003, an up to date Asbestos Register must be kept at the Premises.
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(2)
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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 8.1
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Where the Property being offered for lease is a workplace under the Work Health and Safety Regulation 2011, and 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 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.
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Clause 8.2
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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.
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Clause 9.1
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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:
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Clause 9.1(e)
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the Agent acting in the capacity of the Principal under this Agreement; or
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Clause 9.1(f)
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any claim for compensation in respect of damage or loss to the tenant’s goods.
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01 Jan 2012 v2.4
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Item 5.1(12)
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To act in accordance with the Principal’s instructions with respect to matters relating to the Work Occupational Health and Safety Act 2011 2000 and Regulations thereto. Regulation 2001
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Item 12
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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 8
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Work Occupational Health & Safety
8.1
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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.
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8.1
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Where the Property being offered for lease is a workplace under the Work Health and Safety Regulation 2011 and 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.
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8.2
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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.
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8.2
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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)
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Identify hazards (Section 34 of the Regulation)
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(2)
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Assess risk arising from identified hazards (Section 35 of the Regulation)
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(3)
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Eliminate or control risks and ensure all control measures are maintained (Section 36 of the Regulation)
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(4)
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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)
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(5)
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Provide information to other persons specified by the Regulation. (Section 38 of the Regulation)
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The Principal will maintain appropriate written records with regard to hazard identification, risk assessment, elimination and control.
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8.3
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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.
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8.4
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The Principal having complied with Clause 7.7 with respect to the Essential Services Act 1988 and having obtained an installation certificate will prepare annually a maintenance certificate for forwarding to the relevant authorities in accordance with their requirements.
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8.5
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The Principal will authorise the Agent to, on the Principal’s behalf, exercise the responsibility of the Principal as outlined in Clause 8.3 above.
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8.6
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The Principal will comply with written requests made by the Agent in relation to compliance with the Work Occupational Health and & Safety Act 2011 2000 in respect of matters covered generally in this Agreement and in particular, matters detailed in Clauses 4 & 9.
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Clause 9.1
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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:
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02 Aug 2011 v2.3
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Item 2
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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
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Clause 15
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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.
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Clause 16.2(5)
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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.
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09 May 2011 v2.2
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Clause 15
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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.
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Clause 16
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16.1
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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.
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16.2
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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):
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(1)
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potential tenants; and/or
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(2)
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data collection agencies; and/or
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(3)
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Owner’s Corporations & financial institutions; and/or
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(4)
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tradespeople and similar contractors in order to facilitate the carrying out of works with respect to the Property; and/or
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(5)
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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.
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16.3
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Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf.
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16.4
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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.
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04 Feb 2011 v2.1
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Item 15
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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: ……………………
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01 Nov 2010 v2.0
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Item 14
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Signature of Principal
………………………………………….
Date: ……/……/……
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Signature of Principal
………………………………………….
Date: ……/……/……
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Signature of Agent
………………………………………….
Date: ……/……/……
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PS&BA Act Section 55(1)(c) – a copy of this Agreement signed by the Agent must be served on the Principal within 48 hours after signing by the Principal.
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Item 15
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A copy of this Agreement, signed by the Agent, must be served on the Principal within 48 hours after signing by the Principal or Landlord. (See Section 55(1)(c) of the Act)
__ Copy received by the Principal(s):
Date received: …./…./…. Principal(s) initials: ……………………
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Clause 15
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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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23 Apr 2010 v1.9
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Item 6
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Letting Lease Renewal Fee
(as a percentage of Annual Rent)
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Clause 6.8
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In addition to complying with the terms of this Agreement, the Principal must comply with the requirements of all relevant acts, legislation, by-laws, rules and regulations local, state and federal.
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Clause 15
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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, for signing purposes or otherwise, by such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).
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03 Sept 2009 v1.8
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Clause 6.10
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Where the Principal has authorised payments in accordance with Item (10) the Principal must provide all information necessary to enable such payments to be made.
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17 Aug 2009 v1.7
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Item 11
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Rent
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Payment Period: ..............................................................................
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Payable to: __ Principal or __ Nominated Bank/Building Society (please tick only one)
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Bank: .................................... Branch: ........................................ BSB: ............................
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Account Name: ....................................................... Account No.: ......................................
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Statements
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Issue Period: .........................................................................
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Send to:
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__ Principal Method to send by: __ Post __ Email __ Fax
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__ Other
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Name: ................................................................................
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Address: .............................................................................
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Phone: ................................ Fax: ......................................
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Clause 15
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By signing this Agreement all parties 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 agreements, 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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Clause 16
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16.1
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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):
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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 Agent’s products and services; and/or
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(4)
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analysing, verifying and/or checking the Principal’s credit, payment and/or status in relation to provision of services.
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16.2
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Without provision of certain information the Agent may not be able to act effectively or at all on the Principal’s behalf. The Principal 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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31 July 2008 v1.6
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Clause 5.3(1)
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Subject to Clause 8.2 and in accordance with Clause 8.4 the Principal authorises the Agent to initiate and pay for maintenance and repairs on the Premises, enlisting qualified tradespersons where required without first seeking permission from the Principal up to the Maximum Pre-approved Maintenance Expenditure stated in Item (5.1(8)(a)). The Agent will obtain the Principal’s written approval before ordering maintenance or repairs if the cost of the maintenance or repairs is more than the Maximum Pre-approved Maintenance Expenditure, provided in emergency circumstances, the Agent is authorised to immediately initiate repairs which may be in excess of the authorised amount.
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Clause 8.5
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The Principal will comply with written requests made by the Agent in relation to compliance with the Occupational Health & Safety Act 2000 in respect of matters covered generally in this Agreement and in particular, matters detailed in Clauses 5 & 8.
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30 Jun 2008 v1.5
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Item 5 (10)
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Arrange inspections of the Premises:
(a) as appropriate but not less than every ………………………..…………….
(b) before any lease is entered into for the Premises or part thereof
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Item 5 (12)
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To act in accordance with the Principal’s instructions with respect to matters relating to the Occupational Health and Safety Act 2000 and Regulation 2001
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Clause 1.1(6)
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Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.
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Clause 8
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8.1
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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.
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8.2
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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:
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(1)
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Identify hazards (Section 34 of the Regulation)
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(2)
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Assess risk arising from identified hazards (Section 35 of the Regulation)
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(3)
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Eliminate or control risks and ensure all control measures are maintained (Section 36 of the Regulation)
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(4)
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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)
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(5)
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Provide information to other persons specified by the Regulation. (Section 38 of the Regulation)
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The Principal will maintain appropriate written records with regard to hazard identification, risk assessment, elimination and control.
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8.3
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The Principal having complied with Clause 7.8 with respect to the Essential Services Act 1988 and having obtained an installation certificate will prepare annually a maintenance certificate for forwarding to the relevant authorities in accordance with their requirements.
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8.4
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The Principal will authorise the Agent to, on the Principal’s behalf, exercise the responsibility of the Principal as outlined above.
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20 Dec 2007 v1.3
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Clause 5.1
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The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Premises.
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Clause 5.2
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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.
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Clause 6.3
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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.
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Clause 7.5
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The Agent shall be entitled to a Letting Fee should the Agent introduce a tenant during the term of this Agreement, provided however no Letting Fee will be payable in cases where the Principal, after the expiration of this Agreement, has subsequently entered into a separate Exclusive Leasing Agreement.
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Clause 7.7
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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.
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Clause 8.1(c)
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the Principal’s failure to give the Agent prompt and appropriate authority or instruction, or sufficient funds to carry out an instruction or authority; or
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