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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
17 May 2012
AUVICRECM008 v1.5
AUVICRECM009 v1.5
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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 Agents 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 Agents 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 Landlords 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 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 detailed prescribed 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 13.1
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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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Clause 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):
(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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Owners 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; &/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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Clause 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 Nov 2011
AUVICRECM008 v1.4
AUVICRECM009 v1.4
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Item 15
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BUILDING ENERGY EFFICIENCY DISCLOSURE Clause 1.1(13)
Where this Authority 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 Landlord (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)
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confirms it has a valid & current Recognised Rating; and
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(b)
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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.
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Clause 1.1(13)
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Recognised Rating: includes any of the following:
(a)
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Building Energy Efficiency Certificate; or
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(b)
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National Australian Built Environment Rating System (NABERS Energy Star Rating); or
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(c)
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other recognised rating for the Property.
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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.
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01 Jan 2011
AUVICRECM008 v1.3
AUVICRECM009 v1.3
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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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Item 15
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Where this Authority 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 Landlord (as Owner):
(a)
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confirms it has a valid & current Recognised Rating rating of the energy efficiency of the Property (Recognised Rating); and
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(b)
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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.
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01 Nov 2010
AUVICRECM008 v1.1
AUVICRECM009 v1.1
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Item 15
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Where this Authority relates to the leasing of a Property affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA), the Landlord (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.
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Clause 1.1(13)
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Recognised Rating: includes any of the following:
(a)
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Building Energy Efficiency Certificate; or
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(b)
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National Australian Built Environment Rating System (NABERS Energy Star Rating); or
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(c)
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other recognised rating for the Property.
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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.
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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 8
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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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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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8.3
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Any termination shall be without prejudice to either party's rights under this Authority.
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8.4
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Upon termination of this Authority all monies owing 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 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 Authority.
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