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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
22 Sept 2008 v3.1
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Item O
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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 (Q), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.
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Item Q
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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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11 July 2008 v3.0
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Clause 9.1(8)
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it has public liability insurance and is covered for a minimum of 10 million dollars, in addition to any insurance provided by a body corporate for common areas. Such policy must be maintained for the term of this Appointment and the Client must upon request provide a certificate annually confirming the currency of such policy.
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08 Apr 2008 v2.9
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Item A
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Rent Collection: (Refer to Property Agents and Motor Dealers Regulation 2001, Schedule 1A, Sections 33(1)(a) and 33(1)(b))
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13 Feb 2008 v2.8
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Item A
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YOU MUST EXPRESS THE COMMISSION IN BOTH FORMATS
Rent Collection: (Refer to Property Agents and Motor Dealers Regulation 2001, Schedule 1, Sections 33(1)(a) and 33(1)(b))
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DOLLAR AMOUNT
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PERCENTAGE
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COMMISSION:
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......................................................................
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...........................
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GST:
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......................................................................
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...........................
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TOTAL PAYABLE:
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......................................................................
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...........................
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COMMENTS:
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.......................................................................................................
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Item B
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Item Reformatted
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Clause 2.3
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The Agent is authorised to contact the Client in respect of other services which may be of interest or benefit to the Client.
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Clause 5.3
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Notwithstanding the monetary amounts listed in Part (5) of the PAMD Form 20a and Item (A) of the Item Schedule, the actual amount of Commission will be calculated based on the percentage set out in Part (5) of the PAMD Form 20a. (Item (A) of the Item Schedule)
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Clause 10.17
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On payment by the Occupant of a booking the deposit to the Agent, the Client will be bound by and agrees to the letting created by the booking. term of period of the occupancy.
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04 Feb 2008 v2.7
Changes as per Office of Fair Trading
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15 Nov 2007 v2.6
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Item Q
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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.
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04 Sept 2007 v2.5
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Clause 24
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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 20a form.
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Terms Heading
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Terms of Appointment (being a schedule to and forming part of the approved PAMD 20a form)
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06 July 2007 v2.4
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Clause 16.1
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The Client indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Appointment including:
(a)
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the Client's failure to comply with this Appointment; or
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(b)
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the Client'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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(c)
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the Tenant's failure to comply with his/her obligations according to the Agreement, at no fault of the Agent; or
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(d)
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the Tenants failure to comply with his/her obligations under the Applicable Legislation with respect to the occupation; or
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(e)
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the Agent acting on behalf of the Client under this Appointment.
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(f)
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the Client's failure to comply with Clause 16.2
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(g)
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any loss arising from injury to person or damage to property howsoever caused other than from negligence or default on the part of the Client.
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The Agent will be compensated by the Client in respect of any loss sustained by the Agent and arising out of this Appointment or resultant upon any act, omission or negligence on the part of the Client. for any losses arising from any actions, claims, and demands arising hereunder.
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25 Jun 2007 v2.3
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Item A
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Letting: (Refer to Property Agents and Motor Dealers Regulation 2001,Schedule 1, Sections 32(1)(a) and 32(1)(b))
COMMISSION:
...
GST:
...
TOTAL PAYABLE:
COMMENTS: .................................................................................
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Item Q
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Prior to signing the Agent should sight the Clients Public Liability certificate of currency.
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Clause 19
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If G.S.T. is not ticked in Item (C) of the Item Schedule then G.S.T. shall be payable in addition to the listed Fees and/or Charges.
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12 Feb 2007 v2.1
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Clause 5.3
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Notwithstanding the monetary amount listed in Part (5) of the PAMD Form 20a, the actual amount of Commission will be calculated based on the percentage set out in Part (5) of the PAMD Form 20a. (Item (A) of the Item Schedule)
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18 Dec 2006 v2.0
Changes as per Office of Fair Trading
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05 May 2006 v1.9
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Clause 2.2
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The Agent is authorised to assign this Appointment provided such assignment is made in accordance with the terms and conditions of this Appointment.
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19 Apr 2006 v1.8
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Item M
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An Electrical Safety Power Switch is/is not installed for general purpose socket outlets.
(A Licensed Electrician can advise in relation to this requirement)
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Clause 17
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If an Electrical Safety Switch is not installed on the Property or was installed prior to 1st June, 1992, the Client must install a new Electrical Safety Switch by the earlier of:
(a)
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6 months after a Tenancy Agreement is entered into; or
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(b)
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the end of 29th February, 2008.
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(See Section 80A of the Electrical Safety Regulation 2002)
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Clause 20
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Reference to relevant Legislation includes Queensland Government Legislation generally but particularly the Property Agents & Motor Dealer's Act 2000, regulations and amendments thereto, including (Real Estate Agency Practice Code of Conduct) Regulation 2001, Property Law Act, Electrical Safety Regulation 2002 and the Residential Tenancies Act 1994 as amended.
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12 Dec 2005 v1.6
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Clause 23
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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, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).
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08 Dec 2005 v1.5
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Item A
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LETTING APPOINTMENT TYPE
All other Item Letters change accordingly
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Clause 4.2
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All appointments for the collection of rent and other property management services are Exclusive.
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26 Sept 2005 v1.4
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Clause 7.1(2)
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Note: Prior to occupancy the Client should have the Property inspected by someone with appropriate experience in house maintenance.
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20 July 2005 v1.3
Changes as per Office of Fair Trading
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21 June 2005 v1.2
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Item G
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Insurance policy exiry date added
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17 Mar 2005 v1.2
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Clause 22
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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.
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15 Feb 2005 v1.1
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Clause 10.3
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The Agent must organise repairs and maintenance (utilizing where necessary a licenced trades person) through a licensed trades person and where possible utilise those services of the persons detailed in Item L of the Items Schedule.
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17 Jan 2005 v1.1
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Clause 21 (e)
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Deleted
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PAMD Item 6
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Note: The maximum amount of expenditure which a tenant may incur for emergency repairs is an amount equal to two weeks rent (S127 (1) Residential Tenancies Act 1994)
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Clause 1 (12) GST
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G.S.T: has the same meaning used in the A New Tax System (Goods & Services Tax) Act 1999 and "GST" includes any applicable rulings issued by the Commissioner of Taxation.
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16 Dec 2004 v1.0
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Heading
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ITEMS SCHEDULE FOR HOLIDAY LETTING (in conjunction with PAMD Form 20a)
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