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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
AUVICRECM017 v1.7
AUVICRECM024 v1.8
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Clause 7.1
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The Agent having complied with its obligations under this Authority, the Vendor indemnifies the Agent, its officers and employees, from and against all actions, claims, demands, losses, costs, damages and expenses (including Fees and Expenses) which the Agent may suffer or incur in respect of:
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Clause 13.2(2)
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property data collection agencies; and/or
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17 May 2012
AUVICREPM017 v1.6
AUVICREPM024 v1.7
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Item 10
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The Landlord confirms, prior to signing this Authority, the Agent advised that Expenses and Commission payments were subject to negotiation. Landlord initials: …………….
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Clause 1.1(5)
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Expenses: any cost or charge incurred by the Agent (including in respect of advertising or marketing) in carrying out the Agent’s obligations under this Authority. less any rebate, discount, commission or other benefit received by the Agent.
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Clause 6.2
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Where the Agent’s Fees are calculated based on Rent paid, such calculations will be determined by the actual Rent paid notwithstanding such Rent paid may be greater or less than the Landlord’s Rent Amount set out in Item (7.2).
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Clause 6.10
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The parties agree a tenant will have been introduced to a property where the Agent has been a source of information with respect to bringing to the attention of a tenant that such property is available to let.
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Clause 12
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The parties agree and confirm 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 Authority.
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31 Aug 2011
AUVICREPM024 v1.6
26 May 2011
AUVICREPM017 v1.5
AUVICREPM024 v1.5
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Clause 1.1(5)
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Expenses: any cost or charge incurred by the Agent (including in respect of advertising or marketing) in carrying out the Agent’s obligations under this Authority, less any rebate, discount, commission or other benefit received by the Agent in respect of such Expenses.
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Clause 5.7
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The Landlord grants to the Agent a lien over any of the Landlord’s goods, chattels and/or documents which the Agent has possession or control of until such time as any monies that are owing under this Authority are paid to the Agent.
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Clause 9
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Any monies payable under this Authority by the Landlord to the Agent (or any judgment given in respect of this Authority) not paid when due will attract interest from the due date for payment, to the date of payment at the rate prescribed detailed in Item (13).
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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 the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Authority.
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Clause 13
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13.1
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The Agent collects and uses personal information provided by obtained from you as the Landlord to provide the services required by you or on your behalf.
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13.2
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You as the Landlord 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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13.3
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Without provision of certain information the Agent may not be able to act effectively or at all on the Landlord’s behalf.
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13.4
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The Landlord 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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01 Jan 2011
AUVICREPM017 v1.4
AUVICREPM024 v1.4
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Item 5
Note
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Note: Terms must not be unfair, refer Schedule 1, Part 2-3 of the Competition and Consumer Act 2010 (Cth).
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15 Jul 2010
AUVICREPM017 v1.2
AUVICREPM024 v1.2
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Clause 4.1
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The Agent will take reasonable steps to ensure goods and services obtained for the Landlord are at competitive prices.
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Clause 4.2
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(1)
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The Agent must provide financial statements and account to the Landlord with respect to all monies received, paid or used by the Agent, carrying out the Agent’s obligations under this Authority.
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(2)
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The Agent will issue tax invoices, when necessary or required by the Landlord, in respect of all monies owing by the Landlord to the Agent.
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Clause 4.4
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Where the Property has been leased and the Landlord has authorised the Agent to manage the Property (Item 6.1(3)) such management will continue under this Authority until terminated by either party in accordance with Clause 8.
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Clause 4.13
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The Agent will take reasonable steps to ensure goods and services obtained for the Landlord are at competitive prices.
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Clause 4.14
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(1)
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The Agent must provide financial statements and account to the Landlord with respect to all monies received, paid or used by the Agent, carrying out the Agent’s obligations under this Authority.
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(2)
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The Agent will issue tax invoices, when necessary or required by the Landlord, in respect of all monies owing by the Landlord to the Agent.
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Clause 8.1
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If either party fails to comply with its obligations under the provisions of this Authority or is in breach of any warranty then subject to the provisions of Clause 11, either party may end this Authority on the giving of 7 days notice. provided, on such termination all monies owning under this Authority must be paid or reimbursed up to and including the end date of this Authority on a pro rata basis if necessary.
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Clause 8.2
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Except as provided in Clause 8.1, either party may terminate this Authority in accordance with Item (4).
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Clause 8.3
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Any termination shall be without prejudice to either party's rights under this Authority.
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Clause 8.4
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Upon termination of this Authority all monies owning under this Authority must be paid or reimbursed up to and including the end date of this Authority on a pro rata basis if necessary.
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19 Apr 2010
AUVICREPM017 v1.1
AUVICREPM024 v1.1
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Item 4
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This Authority will commence on the date of signing 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.
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Item 8.3
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Lease Renewal Fee:
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Item 16
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By signing this Authority:
(a)
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each party acknowledges having received a signed copy of this Authority and has had the opportunity to obtain professional advice with respect to this Authority and each party acknowledges it is bound by the terms of this Authority.
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(b)
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the Landlord confirms the provisions of Clause 2.1 of the Authority.
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(c)
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the parties acknowledge the commencement date shall be the date of signing.
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Clause 1.1(7)
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G.S.T Act: refers to the A New Tax System (Goods & Services Tax) Act 1999.
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Clause 2.1(4)
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there are no other existing leasing or managing Authorities in respect to the Property.
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Clause 2.1(4)
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the Landlord’s attention has been drawn to Clause 11 relating to Dispute Resolution.
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Clause 3.1
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The Landlord by this Authority appoints the Agent and its permitted Assigns, to lease and/ or manage the Property for the Landlord for the term of this Authority and the Agent agrees. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees, provided however, the Landlord will at all times remain the Principal.
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Clause 3.2
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The Landlord appoints the Agent to manage the Property for the Landlord and the Agent agrees.
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Clause 3.2
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When delegating authority to authorised employees the Agent (licensee) must properly supervise such person/s.
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Clause 4.6(3)
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provided In cases where urgent repairs (as defined in Section 3 of the Residential Tenancies Act 1997) are required, the Agent is authorised to immediately initiate repairs which may be in excess of the authorised amount.
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Clause 5.5
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Should the Landlord enter into an exclusive leasing and/ or managing authority subsequent to the signing of this Authority, the Landlord will forthwith advise the Agent.
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Clause 5.6
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In addition to complying with the terms of this Authority the Landlord must comply with the requirements of all relevant Acts, legislation, by-laws, rules and regulations, local, state and federal.
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Clause 5.7
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The Landlord grants to the Agent a lien over any of the Landlord’s goods, chattels and/or documents which the Agent has possession or control of until such time as any monies that are owing under this Authority are paid to the Agent.
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Clause 6.3
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The Agent will not be entitled to a Letting Fee (Item 8.2) if after the commencement of this termination or conclusion of the Authority, but prior to the Property being leased, the Landlord has signed an Exclusive Authority with another Agent.
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Clause 8
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If either party fails to comply with its obligations under the provisions of this Authority or is in breach of any warranty then subject to the provisions of Clause 11, either party may end this Authority on the giving of 7 days notice provided, on such termination all monies owning under this Authority must be paid or reimbursed up to and including the end date of this Authority on a pro rata basis if necessary.
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Clause 11
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In compliance with the Estate Agents (Professional Conduct) Regulations 2008 the Agent has in place procedures for resolving complaints and disputes arising from the operation of the Agent’s estate agency practice. If a complaint is made the Agent will advise the dispute resolving procedures. The Agent will make every effort to minimize or resolve disputes relating to the Agent’s performance.
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Clause 12
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By signing this Authority all parties acknowledge agree to having given prior approval in accordance with the Electronic Transactions (Victoria) Act 2000, for electronic transmission of this Authority and any other related documents 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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