Additions / Changes:

Item E

Tick where appropriate

_ This item is not applicable (Section 144 of the Workplace Health & Safety Regulation  2008)

_ The owner has/has not complied with the Asbestos Management Code (Section 145 of the Workplace Health & Safety Regulation  2008)

Note: a Seller offering a Property for sale must comply with the applicable 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.

Clause 5

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.

Clause 13.1

The Agent having complied with its obligations under this Appointment, the Client indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Appointment from;

Clause 16

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,Financial Services Reform Act 2001, Building Fire Safety Regulation 2008 and the Workplace Health and Safety Regulation 2011 1997.

Clause 19

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 Agreement.

Additions / Changes:

Item K

BUILDING ENERGY EFFICIENCY DISCLOSURE                                                                     Clause 1(9)

Where this Appointment 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 Client (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

Clause 1(9)

Recognised Rating: includes any of the following:

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.

Additions / Changes:

Item E

Tick where appropriate

__ This item is not applicable (Section 144 of the Workplace Health & Safety Regulation 2008)

__ The owner has/has not complied with the Asbestos Management Code (Section 145 of the Workplace Health & Safety Regulation 2008 S 145)

Note: a Seller offering a Property for sale must comply with the applicable Asbestos Management Code before offering the Property for sale.

Item K

Where this Appointment 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 Client (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.

Clause 18

Clause 19

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 Appointment.

Additions / Changes:

Item C

Clause 1(5)

GST: 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.

Additions / Changes:

Item K

Where this Appointment relates to the leasing of a Property affected by the Building Energy Efficiency Disclosure Act 2010 (BEEDA), the Client (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.

Item L Note

The Special Conditions are inserted under instruction from a party to this Contract 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.

Item M Warning

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.

Clause 1(8)

Recognised Rating: includes any of the following:

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.

Clause 18

Clause 19

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 Appointment.

Additions / Changes:

Clause 10.7

The Client must comply with meet the requirements of the Building Fire Safety Regulation 2008 together with all relevant acts, legislation, by-laws, rules & regulations local, state and federal.

Clause 13.2

The Client acknowledges that the Agent is acting only as a licensed letting agent and is not responsible for reporting any matters (including defects latent or otherwise) other than those that are readily apparent during the course of standard periodic inspections or as bought to their attention as Agent by the tenant.

The Agent is not otherwise qualified and it is the Client's responsibility to obtain specific advice with respect to the Property and its soundness as to building and structural integrity, pest, health, fire safety and other requirements.

As such, the Client indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of, or in respect of this Appointment, resulting from matters of cleanliness, safety, construction, building requirements or building deterioration.

Clause 16

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,Financial Services Reform Act 2001, Building Fire Safety Regulation 2008 and the Workplace Health and Safety Regulation 1997.

Additions / Changes:

PAMD Form

Changes made to the PAMD Form 21a as per the Warning Message, when opening the form, within the ADLForms program.

Item H

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: …../.…./…..

Clause 19

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).

Additions / Changes:

Item E

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.

Item J

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 (K), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.

Item K

The parties have been advised to seek legal advice with respect to this Appointment, including Special Conditions.

Clause 5

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)]

Changes as per Office of Fair Trading

Additions:

Item K

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.

Additions:

Clause 20

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 21a form.

Changes:

Terms of Appointment

Terms of Appointment (being a schedule to and forming part of the approved PAMD 21a form)

Clause 8.3(b)

the Client, releasing the Tenant (by mutual agreement or otherwise) from their contractual obligations; or

Changes:

Clause 7.1

Clause 11.17

Notwithstanding the provision of Clause 11.16 (2) the Client by this Appointment agrees only offers which the Agent in its discretion considers are significant and which offers are in writing be, in accordance with Section 11 of the Code of Conduct, communicated to the Client.

Additions:

Clause 9.5

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.

Changes as per Office of Fair Trading

Changes:

Item E

The owner has/has not complied with the Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC:2018(2005)] (Workplace Health & Safety Regulation 1997 S73)

Note: a Seller offering a Property for sale must comply with the Asbestos Management Code before offering the Property for sale.

Clause 5

Asbestos – Workplace Health and Safety Regulation 1997

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)]

Changes:

Item H

Commission Apportionment as a %: (if not completed commission will be apportioned equally)

Additions:

Clause 19

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).

Additions:

Clause 1(6)

Payment Claims: as defined under Schedule 2 of the Building and Construction Industry Payments Act 2004

Clause 1(7)

Payment Schedule: as defined under Schedule 2 of the Building and Construction Industry Payments Act 2004

Clause 1(8)

Service Provider: a person or company contracted by the Agent to supply building and or repair services to the Property.

Clause 10.11

The Client must pay to the Agent, in addition to all other payments to be made under this Appointment, the amount as stated on a Payment Claim issued by a Service Provider. However, if a Payment Schedule has been served on the Service Provider in accordance with Section 18 of the Building and Construction Industry Payments Act 2004 then the Client must make payment in accordance with the Payment Schedule.

Clause 10.12

Wherever the Agent seeks consent, instruction or documentation in respect to matters arising under this Appointment such instruction must be provided forthwith.

Clause 11.3(b)

issuing the Contractor a Payment Schedule in accordance with Section 18 of the Building and Construction Industry Payments Act 2004 for Payment Claims

Clause 11.13(2)

receive from and issue (as the case may be) to a Service Provider all Payment Claims and Payment Schedules (subject to Clauses 11.3, 11.4 & 11.15)

Clause 11.22

The Agent will forthwith upon receipt of any notice advise the Client and provide copies of such notice.

Clause 13.1(f)

manifestation of latent defects in the Property or the structure of the Property being let.

Changes as per Office of Fair Trading

Changes:

Item G

Insurance policy exiry date added

Changes:

Clause 18

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.