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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 v1.8
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Item D
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ASBESTOS INFORMATION CONCERNING THE PROPERTY Clause 5.1
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.
Complete this Item (D) where the Business being sold is or includes a workplace (Property) and the Client is the person with management or control of the workplace.
Section 428 of the Work Health & Safety Regulation 2011 (WHS Regulation) requires a person with management or control of the workplace to ensure, so far as is reasonably practicable, that a copy of the Asbestos Register for the workplace is given to the person who is assuming management or control of the workplace.
Is there a current Asbestos Register for the workplace: __ Yes __ No (but required) __ Not Required*
If ‘yes’ - the Client is required to provide a copy of the Asbestos Register to the Agent.
*Note: An Asbestos Register is required to be kept at the workplace under Section 425 of the WHS Regulation where the workplace contain or are likely to contain asbestos or has been built prior to 31st December 2003.
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Clause 5
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Where the Business being offered for sale is or includes a workplace as defined under the Work Health and Safety Act 2011, and the Client is the person with management or control of the workplace, the Client confirms, unless otherwise disclosed in the Item Schedule hereto, that the Client, 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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5.1
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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 Client’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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Clause 8
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Client’s Warranties
The Client warrants it is the owner of the Business, the description in Part (3) of the PAMD Form 21a is correct and the Client is authorised to appoint the Agent for the sale of the Business.
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Clause 9
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Material Facts, Verification/ Disclosure
9.1
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The Client warrants :
(1)
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it is the owner of the Business and is authorised to appoint the Agent for the sale of the Business.
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(2)
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all information relevant to the sale of the Business including as contained in Part (3) of the PAMD Form 21a disclosed by the Client to the Agent is correct.
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9.1
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The Client confirms having, at the time of entering into this Appointment, disclosed correct details to the Agent of all relevant and material facts relating to the Business.
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9.2
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The Client will at all times during the currency of this Appointment keep the Agent advised of and disclose to the Agent in writing, details of all relevant and material facts and changes thereto about the Business.
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9.2
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The Agent is authorised:
(1)
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at the Client’s 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 Client’s cost.
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9.3
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The Client will provide to the Agent such additional information as the Agent may reasonably request from time to time relevant to matters contained in Clause 9.
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Clause 10
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Client’s Obligations
10.1
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The Client authorises the Agent, prior to listing, to make its own enquiries into the information provided by the Client in Clause 8, at the Client’s cost, and Clause 9.1.
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10.2
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The Client authorises the Agent 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 Client’s cost.
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10.3
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The Client will provide to the Agent such additional information as the Agent may reasonably request from time to time relevant to matters contained in Clause 11.
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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 provided by you as the Client to provide the services required by you or on your behalf.
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16.2
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You as Client agree the Agent may subject to the Privacy Act 1988 (CTH) for (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 buyers; and/or
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(2)
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property data collection agencies; and/or
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(3)
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Body Corporates & financial institutions; and/or
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(4)
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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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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 Client's behalf.
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16.4
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The Client has the right to access such person information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
request the Agent provide details of such information and also correct any inaccurate or out of date information.
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22 Aug 2012 v1.7
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Part 2
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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.
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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 Client’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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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 Agent’s 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 Client’s 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 Client’s 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 Client’s 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 NOHSC’s 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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