South Australia
Land and Business (Sale and Conveyancing) Regulations 2010
under the Land and Business (Sale and Conveyancing) Act 1994

Contents
Part 1—Preliminary
1	Short title
3	Interpretation
Part 2—Contracts for sale of land or businesses
4	Forms
5	Qualified accountant
6	Cooling-off—form of certificate of legal practitioner as to independent advice
7	Sale of land—instalment agreements
8	Sale of land—form of vendor's statement
9	Sale of land—particulars required, prescribed encumbrances and prescribed matters
10	Sale of small business—form of vendor's statement
11	Sale of small business—prescribed particulars
12	Sale of small business—form of accountant's certificate
13	Sale of land—prescribed inquiries
14	Sale of land—form of agent's certificate
16	Sale of land—provision of information etc by councils, statutory authorities and prescribed bodies
17	Prescribed notice to be given to purchaser
18	Defences
19	Authority to act as agent
20	Requirements relating to offers to purchase residential land
20A	Representations as to likely selling price in marketing residential land
21	Financial and investment advice
22	Agent to disclose certain benefits connected with sale or purchase
23	Agent to supply valuation in prescribed circumstances
24	Agent not to act for both purchaser and vendor of land or business
25	Restriction on obtaining beneficial interest where agent authorised to sell or appraises property
26	Standard conditions of auction for residential land
27	Preliminary actions and records required for auctions of residential land
28	Collusive practices at auctions of land or businesses
Part 3—Dual representation
29	Circumstances in which conveyancer may act for both parties
30	Conveyancer must cease to act if conflict of interest arises
31	Meaning of conflict of interest
Part 3A—Service of notices or documents
31A	Service by fax or email of vendor's statement, certificate of agent acting on behalf of purchaser or notice of amendment to vendor's statement
31B	Method of service of other notices or documents
31C	Service by email of signed notices or documents
Part 4—Miscellaneous
32	Keeping of records
Schedule 1—Contracts for sale of land or businesses—forms
Schedule 2—Prescribed notice to be given to purchaser
Schedule 3—Contracts for sale of land or businesses—inquiries
Schedule 4—Financial and investment advice—specified warning
Schedule 5—Disclosure of benefits
Schedule 6—Standard conditions of auction for residential land
Schedule 7—Collusive practices at auctions of land or businesses
Schedule 8—Contracts for sale of land or businesses—fees
Schedule 9—Dual representation—forms
Schedule 10—Transitional provisions
Part 5—Transitional provisions
7	Interpretation
8	Vendor's statement prepared before commencement of regulations
9	Use of old form of vendor's statement after commencement of regulations
10	Use of old notices, etc, after commencement of regulations
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Land and Business (Sale and Conveyancing) Regulations 2010.
3—Interpretation
	(1)	In these regulations, unless the contrary intention appears—
acquired a relevant interest in the land has the same meaning as in section 7 of the Act;
Act means the Land and Business (Sale and Conveyancing) Act 1994;
council, in relation to land being sold, means the council in whose area the land is situated;
council search report means a report by a council (whether or not wholly or partially in electronic form) that provides particulars and documentary material under the Act or these regulations for the purposes of the preparation of a vendor's statement in relation to land;
Crown lease means a leasehold interest granted by the Crown under an Act;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
prescribed body means a body prescribed for the purposes of section 12(2) of the Act (see regulation 16);
property interest report means a report (whether or not wholly or partially in the form of an annotated version of Form 1 or Form 2 and whether or not wholly or partially in electronic form) produced by the Department of Planning, Transport and Infrastructure for the purposes of the preparation of a vendor's statement in relation to land, that includes—
	(a)	particulars and documentary material provided by the Department under the Act or these regulations for the purposes of the preparation of the statement; and
	(b)	a search copy of the certificate of title to the land or, in the case of a Crown lease, a copy of the lease.
	(2)	In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in Schedule 1.
	(3)	In these regulations, a reference to the type size of printed or typewritten material is to be taken to be a reference to that type size when produced in Times New Roman font.

Part 2—Contracts for sale of land or businesses
4—Forms
A form set out in Schedule 1 must be completed in accordance with the instructions contained in the form and, if a form indicates that a particular document is to be attached to the form, that document must be so attached.
5—Qualified accountant
For the purposes of paragraph (a) of the definition of qualified accountant in section 3 of the Act, the required qualification in accounting is membership of—
	(a)	CPA Australia; or
	(b)	the Institute of Chartered Accountants in Australia; or
	(c)	the National Institute of Accountants; or
	(d)	the Association of Taxation and Management Accountants; or
	(e)	the National Tax and Accountants' Association Limited as a Fellow.
6—Cooling-off—form of certificate of legal practitioner as to independent advice
For the purposes of section 5(7)(b) of the Act, the form of certificate set out in Part A of Form 3 is approved for use by a legal practitioner certifying as to the giving of independent legal advice to a purchaser before the purchaser enters into a contract for the sale of land or a small business.
7—Sale of land—instalment agreements
Pursuant to subsection (4)(b) of section 6 of the Act, that section does not apply in relation to a contract for the sale of land by the Minister for Infrastructure, or by the Urban Renewal Authority with respect to sale deferred purchase arrangements under the Industrial and Commercial Premises Scheme.
8—Sale of land—form of vendor's statement
For the purposes of section 7(1) of the Act, a statement is in the required form if it comprises—
	(a)	Parts A, B and C of Form 1; and
	(b)	the following headings and items of the table of particulars set out in Division 1 of the Schedule of Form 1:
	(i)	heading "1. General" and items 1.1, 1.2, 1.3 and 1.4;
	(ii)	heading "4. Development Act 1993" and items 4.1 and 4.2;
	(iii)	heading "5. Repealed Act conditions" and item 5.1; and
	(c)	such other items in that table as contain prescribed encumbrances or charges that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale (and the headings to those items); and
	(d)	if the vendor acquired a relevant interest in the land within 12 months before the date of the contract of sale—that part of Division 2 of the Schedule of Form 1 headed "Particulars of transactions in last 12 months"; and
	(e)	such other parts of Division 2 of the Schedule of Form 1 as contain the matters that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale; and
	(f)	if the land subject to the sale is a community lot under the Community Titles Act 1996 or a unit under the Strata Titles Act 1988—the notice in Division 3 of the Schedule of Form 1.
9—Sale of land—particulars required, prescribed encumbrances and prescribed matters
For the purposes of section 7(1)(b) of the Act—
	(a)	the particulars required to be set out in the vendor's statement are the particulars required by the Schedule of Form 1;
	(b)	the encumbrances specified in Division 1 of the Schedule of Form 1 are prescribed encumbrances;
	(c)	the matters specified in Division 2 of the Schedule of Form 1 are prescribed matters to the extent that they affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale.
10—Sale of small business—form of vendor's statement
For the purposes of section 8(1) of the Act, a statement is in the required form if it comprises—
	(a)	Parts A, B, C and D of Form 2; and
	(b)	Schedule 1 of Form 2; and
	(c)	if land is sold under a contract for the sale of a small business—
	(i)	Part 1 of the table of particulars set out in Form 2 Schedule 2 Division 1; and
	(ii)	such items in Part 2 of that table as contain prescribed encumbrances or charges that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale; and
	(iii)	if the vendor acquired a relevant interest in the land within 12 months before the date of the contract of sale—that part of Form 2 Schedule 2 Division 2 headed "Particulars of transactions in last 12 months"; and
	(iv)	such other parts of Form 2 Schedule 2 Division 2 as contain the matters that affect, presently or prospectively, title to, or the possession or enjoyment of, the land subject to the sale; and
	(v)	if the land subject to the sale is a community lot under the Community Titles Act 1996 or a unit under the Strata Titles Act 1988—the notice in Form 2 Schedule 2 Division 3; and
	(d)	if the matters set out under the heading "Particulars relating to environment protection" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, the business subject to the sale—the parts of that Division that contain those matters; and
	(e)	if—
	(i)	the business the subject of the sale involves the keeping or handling of livestock, the handling of livestock products or the handling of property in connection with such an activity; and
	(ii)	the matters set out under the heading "Particulars relating to Livestock Act 1997" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, that business,
the parts of that Division that contain those matters.
11—Sale of small business—prescribed particulars
For the purposes of section 8(1)(b) of the Act, the prescribed particulars are—
	(a)	the particulars set out in Form 2 Schedule 1; and
	(b)	if the matters set out under the heading "Particulars relating to environment protection" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, the business subject to the sale—the particulars set out in that form relating to those matters; and
	(c)	if—
	(i)	the business the subject of the sale involves the keeping or handling of livestock, the handling of livestock products or the handling of property in connection with such an activity; and
	(ii)	the matters set out under the heading "Particulars relating to Livestock Act 1997" in Form 2 Schedule 2 Division 2 affect, presently or prospectively, that business,
the particulars set out in that form relating to those matters.
12—Sale of small business—form of accountant's certificate
For the purposes of section 8(2) of the Act, the certificate to be signed by or on behalf of a qualified accountant must be in the form set out in Part D of Form 2.
13—Sale of land—prescribed inquiries
	(1)	For the purposes of section 9(1)(a) and (2)(a) of the Act, the following inquiries in relation to land subject to a sale are prescribed:
	(a)	to inquire of the vendor as to what mortgages, charges, prescribed encumbrances and prescribed matters affect, presently or prospectively, title to, or the possession or enjoyment of, the land; and
	(b)	to search any title kept at the Lands Titles Registration Office on which is entered any interest that affects, presently or prospectively, title to, or the possession or enjoyment of, the land and to obtain particulars of any such interest; and
	(c)	to request the vendor to produce any document in the possession of the vendor relating to any mortgage, charge or prescribed encumbrance to which the land is subject, or relating to any prescribed matter that affects, presently or prospectively, title to, or the possession or enjoyment of, the land and to inspect any document so produced; and
	(d)	if a document referred to in paragraph (c) is no longer in the possession of the vendor, to take all practicable measures to inspect the original or a copy of such a document; and
	(e)	to inquire from the vendor and the council as to the existence of insurance under Division 3 of Part 5 of the Building Work Contractors Act 1995 (or the repealed Builders Licensing Act 1986) in relation to any building work on the land; and
	(f)	to inquire—
	(i)	in relation to a charge or prescribed encumbrance specified in column 1 of table 1 in Schedule 3, of the bodies specified in column 2 opposite, whether or not the council, a statutory authority or a prescribed body has the benefit of such a charge or prescribed encumbrance over the land; and
	(ii)	in relation to a matter specified in column 1 of table 2 in Schedule 3, of the bodies specified in column 2 opposite, whether or not the matter affects, presently or prospectively, title to, or the possession or enjoyment of, the land; and
	(g)	to seek, from the vendor and the bodies specified in column 2 of the tables set out in Schedule 3, the particulars and documentary material required by the relevant part of the prescribed form of all mortgages, charges, prescribed encumbrances and prescribed matters in relation to which inquiries are made in accordance with paragraphs (a), (e) and (f); and
	(h)	if a community lot (including a strata lot) or a development lot under the Community Titles Act 1996 or a unit under the Strata Titles Act 1988 is being sold, to seek from the vendor and the community or strata corporation (or, where specified, the Lands Titles Registration Office) the particulars and documentary material required by the relevant part of the prescribed form in relation to the lot or unit.
	(2)	In subregulation (1) a reference to the relevant part of the prescribed form is a reference to—
	(a)	in the case of the sale of land not under a contract for the sale of a business—the Schedule of Form 1;
	(b)	in the case of the sale of land under a contract for the sale of a small business—Schedule 2 of Form 2.
14—Sale of land—form of agent's certificate
For the purposes of section 9(1)(b) and (2)(b) of the Act, the certificate signed by the agent must—
	(a)	if land is being sold but not under a contract for the sale of a business—be in the form set out in Part D of Form 1;
	(b)	if land is being sold under a contract for the sale of a small business—be in the form set out in Part E of Form 2.
16—Sale of land—provision of information etc by councils, statutory authorities and prescribed bodies
	(1)	For the purposes of section 12(1), (2) and (3) of the Act, a council, statutory authority or prescribed body must provide such particulars and documentary material as regulation 13 requires to be sought from that body.
	(2)	For the purposes of section 12(2) of the Act, an administrative unit of the Public Service is a prescribed body.
	(3)	For the purposes of section 12(3) of the Act, an application must be accompanied by—
	(a)	the appropriate fee set out in Schedule 8; and
	(b)	the following documents:
	(i)	in the case of an application relating to land in respect of which a certificate of title has been issued under the Real Property Act 1886—a copy of the certificate of title;
	(ii)	in the case of an application relating to land subject to a lease granted by the Crown under an Act—a copy of the lease;
	(iii)	in any other case—a copy of a document of title that sufficiently identifies the land in relation to which the application is made.
17—Prescribed notice to be given to purchaser
For the purposes of section 13A of the Act, the prescribed notice must be printed or typewritten in not smaller than 12‑point type and in the form, and contain the information, set out in Schedule 2.
18—Defences
For the purposes of section 16 of the Act—
	(a)	the persons and bodies to which inquiries to obtain information are required to be made are as follows:
	(i)	for information relating to a mortgage, charge or prescribed encumbrance specified in column 1 of table 1 set out in Schedule 3—the persons and bodies specified in column 2 opposite;
	(ii)	for information relating to a matter specified in column 1 of table 2 set out in Schedule 3—the persons and bodies specified in column 2 opposite;
	(iii)	for information relating to a community lot (including a strata lot), a development lot or a community corporation under the Community Titles Act 1996 or a unit or strata corporation under the Strata Titles Act 1988—the community or strata corporation (or, where Division 2 of the Schedule of Form 1 or Division 2 of Schedule 2 of Form 2 indicates that the information may be obtained from the community or strata corporation or the Lands Titles Registration Office—the community or strata corporation or the Lands Titles Registration Office);
	(b)	the certificate signed by the legal practitioner must be in the form set out in Part A of Form 3;
	(c)	the instrument of waiver signed by the purchaser must be in the form set out in Part B of Form 3.
19—Authority to act as agent
	(1)	For the purposes of section 20(1)(c)(ii) of the Act, the prescribed number of days is 90.
	(2)	For the purposes of section 20(1)(e) of the Act, a sales agency agreement must comply with the following:
	(a)	the agreement must be printed or typewritten in not smaller than 10‑point type, however, variations to the sales agency agreement may be handwritten provided they are legible;
	(b)	the agreement must specify—
	(i)	the land that is the subject of the agreement (whether by street address or description sufficient to identify the land); and
	(ii)	the full names of the vendor and agent; and
	(iii)	the agent's registration number; and
	(iv)	the chattels that are included in or excluded from sale; and
	(v)	details of the circumstances in which the agent will be entitled to receive commission or fees for the sale of the land, including circumstances in which the sale may not be attributable to the agent, or may not be directly or completely attributable to the agent;
	(c)	the agreement must contain a term by which the agent warrants that the agent will comply with all the agent's obligations under the Act and these regulations and will act in the vendor's best interests.
	(3)	Auctioneers are exempt from the requirements of section 20(1) and (3) of the Act insofar as they act on behalf of a vendor or purchaser in the sale of land or a business only by performing the functions of an auctioneer, including having or exercising an auctioneer's authority to sign a contract for the sale of land or a business on behalf of the vendor or purchaser after the fall of the hammer to the highest bidder at an auction.
	(4)	An agent is exempt from the requirements of section 20(1) and (3) of the Act insofar as the agent acts, in the sale of land or a business, on behalf of—
	(a)	the South Australian Housing Trust; or
	(b)	the Public Trustee; or
	(c)	the Urban Renewal Authority.
	(5)	An agent is exempt from the requirement of section 20(1)(c)(ii) of the Act to specify the duration of a sales agency agreement insofar as—
	(a)	the agent acts, in the sale of the land that is the subject of the agreement, on behalf of a vendor who carries on the business of a developer of land; and
	(b)	the land or part of the land has been subdivided by the vendor.
	(6)	For the purposes of section 20(6a)(b)(i)(B) of the Act, the prescribed number of days is 90.
	(7)	For the purposes of section 20(6a)(b)(ii) of the Act, the prescribed number of days is 180.
20—Requirements relating to offers to purchase residential land
For the purposes of section 21(1)(a) and (2)(a) of the Act, an offer for residential land must contain the following details:
	(a)	the offer must, if it is in the form of a contract of sale document, include the following statement at the head of the document printed or typewritten in not smaller than 12‑point bold type:
Notice to purchaser:
This is a contract for the sale of residential land. You may be bound by the terms of this contract if it is signed by both you and the vendor. You should seek independent legal advice if you are unsure about the terms contained in this contract. It is advisable to check section 5 of the Land and Business (Sale and Conveyancing) Act 1994 regarding any cooling‑off rights that you may have and how to exercise them.;
	(b)	the offer must, in any other case—
	(i)	be headed "NOTICE OF OFFER TO PURCHASE RESIDENTIAL LAND" printed or typewritten in upper case type not smaller than 14‑point followed by the following statement printed or typewritten in not smaller than 12‑point bold type:
Note:
This is not a contract of sale document. Both the purchaser and vendor must sign a contract of sale document before this offer becomes legally binding. An offer may be withdrawn at any time before signing a contract of sale document. If you do enter into a contract of sale, it is advisable to check section 5 of the Land and Business (Sale and Conveyancing) Act 1994 regarding any cooling-off rights that you may have and how to exercise them.; and
	(ii)	include the following details, printed or typewritten in not smaller than 12‑point type:
	(A)	the full name of the offeror;
	(B)	the land that is the subject of the offer (whether by street address or description sufficient to identify the land);
	(C)	the amount of the offer;
	(D)	any conditions to which the offer is subject (for example, finance, sale of another property or satisfactory building or land inspection report);
	(E)	the proposed date of settlement or length of time between the signing of the contract of sale and settlement.
20A—Representations as to likely selling price in marketing residential land
Section 24A(1)(c) of the Act does not apply in relation to statements made in marketing land for sale by auction.
21—Financial and investment advice
For the purposes of section 24B of the Act, an agent or sales representative who provides financial or investment advice to a person in connection with the sale or purchase of land or a business must—
	(a)	in the case of oral advice—immediately before giving the advice, give the person warning of the matters set out in Schedule 4 orally, prefaced by the words "I am legally required to give you this warning"; or
	(b)	in the case of written advice—at the same time as giving the advice or as soon as reasonably practicable after giving the advice, give the person a notice in the form set out in Schedule 4, printed or typewritten in not smaller than 12‑point type.
22—Agent to disclose certain benefits connected with sale or purchase
For the purposes of section 24C(2) of the Act, the disclosure must be in the form set out in Schedule 5 printed or typewritten in not smaller than 12‑point type.
23—Agent to supply valuation in prescribed circumstances
	(1)	For the purposes of section 24E of the Act, the prescribed circumstances in relation to the sale of land by an agent are circumstances in which—
	(a)	the agent or a sales representative or another person employed by the agent has made unsolicited contact (other than by advertisement or mail) with the owner of the land; and
	(b)	as a result of that contact, the agent has been authorised to sell the land on behalf of the owner; and
	(c)	negotiations by the agent or sales representative for the sale of the land commence or are to commence with any person without prior advertising of the land by the agent for sale to the public.
	(2)	An application for the approval of the Commissioner under section 24E(1) of the Act must be made to the Commissioner in the form approved by the Commissioner.
24—Agent not to act for both purchaser and vendor of land or business
Auctioneers are exempt from the application of section 24F of the Act insofar as they act on behalf of both a vendor and purchaser in the sale of land or a business only by performing the functions of an auctioneer, including having or exercising an auctioneer's authority to sign a contract for the sale of land or a business on behalf of the vendor or purchaser after the fall of the hammer to the highest bidder at an auction.
25—Restriction on obtaining beneficial interest where agent authorised to sell or appraises property
	(1)	For the purposes of section 24G(5) of the Act—
	(a)	the Commissioner may approve the obtaining by the agent or sales representative of a beneficial interest in the land or business on application by the agent or sales representative to the Commissioner in the form approved by the Commissioner; and
	(b)	the Commissioner may require the applicant to provide the Commissioner with specified information to enable the Commissioner to determine the application, verified, if the Commissioner so requires, by statutory declaration; and
	(c)	the Commissioner may refuse the application—
	(i)	if the applicant has not provided the information required by the application or the Commissioner; or
	(ii)	if, in the opinion of the Commissioner—
	(A)	the information provided by the applicant is inaccurate, incomplete or calculated to mislead; or
	(B)	the agent or sales representative is not acting in the best interests of the vendor; or
	(C)	the vendor is likely to suffer detriment as a result of the transaction; or
	(iii)	if, in the case of a beneficial interest in land (whether to be obtained by the agent or sales representative in his or her own right or by an associate of the agent or sales representative)—
	(A)	a formal written valuation of the land has not been carried out; or
	(B)	such a valuation has been carried out but—
	•	the person who carried out the valuation was not authorised to carry on business as a land valuer under the Land Valuers Act 1994; or
	•	the person who carried out the valuation was not approved by the Commissioner; or
	•	the cost of the valuation was not borne by the agent, sales representative or associate (as the case may be) who obtained the beneficial interest; or
	(C)	the vendor has not been given a copy of the land valuer's report.
	(2)	For the purposes of paragraph (e) of the definition of associate in section 24G(11) of the Act, a relationship between the agent or sales representative and a person is prescribed if the agent or sales representative will, to the knowledge of the agent or sales representative, receive a benefit from the other person in connection with a transaction or dealing relating to the land or business subsequent to the agent or sales representative successfully negotiating the sale of the land or business for the vendor.
	(3)	An agent is exempt from the requirements of section 24G(1) and (9) of the Act in relation to the obtaining of a beneficial interest in land or a business that the agent is authorised to sell if—
	(a)	the beneficial interest is obtained as a result of the sale of the land or business; and
	(b)	the sale is by public auction that satisfies the requirements of subregulation (7).
	(4)	A sales representative employed by an agent is exempt from the requirements of section 24G(2) of the Act in relation to the obtaining of a beneficial interest in land or a business that the agent is authorised to sell if—
	(a)	the beneficial interest is obtained as a result of the sale of the land or business; and
	(b)	the sale is by public auction that satisfies the requirements of subregulation (7).
	(5)	An agent is exempt from the requirements of section 24G(3) of the Act in relation to the obtaining of a beneficial interest in land or a business that the agent appraises if—
	(a)	the beneficial interest is obtained as a result of the sale of the land or business following the appraisal; and
	(b)	the sale is by public auction that satisfies the requirements of subregulation (7).
	(6)	A sales representative is exempt from the requirements of section 24G(3) of the Act in relation to the obtaining of a beneficial interest in land or a business that the sales representative appraises if—
	(a)	the beneficial interest is obtained as a result of the sale of the land or business following the appraisal; and
	(b)	the sale is by public auction that satisfies the requirements of subregulation (7).
	(7)	A public auction of land or a business satisfies the requirements of this subregulation if details of the auction have been advertised, at least once per week over a period of at least 2 consecutive weeks immediately before the auction, in a newspaper circulating generally throughout the State or the area in which the land or business is situated.
26—Standard conditions of auction for residential land
For the purposes of section 24I(1) of the Act, the conditions set out in Schedule 6 are prescribed.
27—Preliminary actions and records required for auctions of residential land
	(2)	For the purposes of section 24J(1)(c), (e) and (j) of the Act—
	(a)	the following details relating to an auction must be included in the auction record before the commencement of the auction:
	(i)	the street address of the land or a description of the land sufficient to identify it;
	(ii)	the full name of the vendor, the responsible agent and the auctioneer;
	(iii)	the date and time of the auction;
	(iv)	for the bidders register—
	(A)	the full name and address of each person intending to bid at the auction (subject to the requirements of paragraph (c)); and
	(B)	a general description of the proof of identity produced by the person in accordance with paragraph (c) and the signature of the agent verifying that the agent has sighted it; and
	(C)	if the intending bidder is proposing to bid on behalf of another person, the full name and address of the other person and a statement that the intending bidder is proposing to bid on behalf of that person;
	(b)	the following details relating to bidding or subsequent events must be entered in the auction record:
	(i)	for the bidders register if the auction is interrupted in order to register a further person as an intending bidder in the register—
	(A)	the full name and address of the person (subject to the requirements of paragraph (c)); and
	(B)	a general description of the proof of identity produced by the person in accordance with paragraph (c) and the signature of the agent verifying that the agent has sighted it; and
	(C)	if the intending bidder is proposing to bid on behalf of another person, the full name and address of the other person and a statement that the intending bidder is proposing to bid on behalf of that person;
	(ii)	if the land is sold at the auction—
	(A)	the full name and address of the purchaser; and
	(B)	the amount for which the land was sold;
	(iii)	if the land is passed in at the auction but the auctioneer, on the same day, conducts further negotiations for the sale of the land with a person by whom, or on whose behalf, a bid for the land was made at the auction (whether or not resulting in a sale)—
	(A)	the full name and address of that person; and
	(B)	the amounts offered by that person for the land during those negotiations; and
	(C)	in the case of a resulting sale of the land on that day to that person—the amount for which the land was sold;
	(c)	details of an intending bidder must not be entered in the bidders register unless—
	(i)	the intending bidder has produced to the agent proof of his or her identity in the form of a drivers licence, passport, credit or debit card or gas, electricity or telephone account or similar document or card issued to the person; and
	(ii)	if the intending bidder is proposing to bid on behalf of another person, the bidder has—
	(A)	provided to the agent a written authority to so act signed by the other person; and
	(B)	produced to the agent proof of the other person's identity in the form of a drivers licence, passport, credit or debit card or gas, electricity or telephone account or similar document or card issued to the other person, or, in the case of a body corporate, the certificate of the body's incorporation.
	(3)	For the purposes of subregulation (2)(c)(ii), an authority or proof of identity may be an original document or a photocopy, facsimile copy or electronically scanned copy of the original document.
	(4)	There are exemptions from the application of section 24J(3) of the Act as follows:
	(a)	the responsible agent or, if a different person, the auctioneer is exempt insofar as the agent or auctioneer—
	(i)	discloses or makes use of information in the auction record relating to a person accepted by the auctioneer as having made the highest bid above the reserve price for a purpose connected with the auction or sale of the land on behalf of the vendor; or
	(ii)	discloses to the vendor the name of a person registered in the bidders register (whether as a bidder or a person on whose behalf bids may be made); or
	(iii)	discloses or makes use of information in the auction record as permitted by section 24J(3) of the Act;
	(b)	the vendor is exempt insofar as the vendor discloses or makes use of information in the auction record disclosed to the vendor under this regulation;
	(c)	a person who has the auction record or has had access to it is exempt insofar as the person does anything with respect to the record, or information in it, for the purposes of the administration or enforcement of the Act or as required or authorised by a court or tribunal constituted by law.
28—Collusive practices at auctions of land or businesses
For the purposes of section 24L(3) of the Act, notice of the material parts of that section must be—
	(a)	in the form set out in Schedule 7, printed or typewritten in not smaller than 12‑point type; and
	(b)	made available for perusal by members of the public at the place at which the auction is to be conducted for at least 30 minutes before the auction is due to commence.

Part 3—Dual representation
29—Circumstances in which conveyancer may act for both parties
	(1)	For the purposes of section 30 of the Act, a conveyancer is authorised to act for both the transferor and transferee, or the grantor and grantee, of property or rights under a transaction if—
	(a)	the transferor and transferee or the grantor and grantee (in this Part referred to as both parties)—
	(i)	are related to one another by blood, adoption or marriage; or
	(ii)	are domestic partners one of the other; or
	(iii)	are bodies corporate that are related to each other for the purposes of the Corporations Act 2001 of the Commonwealth; or
	(iv)	are a proprietary company and a person who is a shareholder or director of that company; or
	(v)	are registered as the proprietors of the relevant land as tenants in common or joint tenants with one another; or
	(vi)	carry on business in partnership with each other; or
	(b)	the conveyancer has obtained from both parties a written acknowledgment, or general authority, in the form set out in Schedule 9.
	(2)	However, a conveyancer is not authorised to act for both parties to a transaction if the conveyancer is subject to a conflict of interest in relation to the transaction.
30—Conveyancer must cease to act if conflict of interest arises
	(1)	If, in the course of acting for both parties to a transaction, the conveyancer becomes subject to a conflict of interest in relation to the transaction, the conveyancer must notify both parties in writing and cease to act in the matter.
Maximum penalty: $5 000.
	(2)	However, if both parties agree in writing that the conveyancer may continue to act for one of them, the conveyancer may continue to act for that party.
31—Meaning of conflict of interest
For the purposes of this Part, a conveyancer is subject to a conflict of interest in relation to a transaction if—
	(a)	the duties owed by the conveyancer to one party to the transaction conflict with the duties owed by the conveyancer to the other party to the transaction (for example, if the conveyancer is obliged, in fulfilling his or her duty to one party, to withhold information or advice from the other party that, by reason of the conveyancer's duty to that other party, he or she should not withhold); or
	(b)	the conveyancer has a personal or pecuniary interest in the transaction arising otherwise than from the conveyancer's services as a conveyancer in respect of the transaction.

Part 3A—Service of notices or documents
31A—Service by fax or email of vendor's statement, certificate of agent acting on behalf of purchaser or notice of amendment to vendor's statement
The following notices or documents required or authorised to be given to or served on a person under the Act may (instead of a method of service set out in section 17 of the Act) be given to or served on the person by transmission to the person by fax or email to a fax number or email address provided by the person for the purpose (in which case the notice or document is taken to be given or served at the time of transmission of the fax or email):
	(a)	a vendor's statement;
	(b)	a certificate of an agent acting on behalf of a purchaser (service on purchaser) (section 9(2)(c) of the Act);
	(c)	a notice of amendment to a vendor's statement (section 10 of the Act).
31B—Method of service of other notices or documents
	(1)	The following notices or documents required or authorised to be given to or served on a person under the Act or these regulations may be given to or served on the person in accordance with subregulation (2):
	(a)	a certificate of an agent acting on behalf of a vendor (section 9(1)(ba) of the Act);
	(b)	a certificate of an agent acting on behalf of a purchaser (service on vendor) (section 9(2)(ba) of the Act);
	(c)	a written guide and details of sales of comparable land and other information (section 20(2) of the Act);
	(d)	a copy of an agreement or instrument (section 20(4) of the Act);
	(e)	a copy of a variation of an agreement or instrument (section 20(6) of the Act);
	(f)	a notice of expiry (section 20(6a) of the Act);
	(g)	a notice indicating a vendor's intention not to extend a sales agency agreement (section 20(6a)(a) of the Act);
	(h)	a copy of a signed offer (section 21(1)(d) or (2)(d) of the Act);
	(i)	a notice confirming the fact that an offer was made (section 21(2a)(b) of the Act);
	(j)	a notice acknowledging a vendor's receipt of a copy of a signed offer (section 21(4) of the Act);
	(k)	a copy of a written offer for land (section 21(5)(a) of the Act);
	(l)	a notice in relation to financial or investment advice (section 24B of the Act and regulation 21(b));
	(m)	a copy of a land valuer's valuation report (section 24E(1)(b) of the Act);
	(n)	a warning notice in the form approved by the Commissioner (section 24F(4)(a) of the Act);
	(o)	a copy of a form acknowledging receipt of a warning notice (section 24F(4)(b) of the Act).
	(2)	A notice or document referred to in subregulation (1) may be given to or served on a person—
	(a)	by giving it to the person personally; or
	(b)	by posting it to the person at the person's address for service (in which case it is taken to be given or served at the time of posting); or
	(c)	—
	(i)	if the person is an agent—by leaving it for the agent with a person apparently responsible to the agent at the agent's address for service (being the address last notified to the Commissioner as the agent's address for service under the Land Agents Act 1994 or an address nominated by the agent to the person giving or serving the notice or document for the purpose of the giving or service of the notice or document); or
	(ii)	in any other case—by leaving it for the person at the person's address for service of the notice or document with someone apparently over the age of 16 years,
(in which case, whether left in accordance with subparagraph (i) or (ii), it is taken to be given or served at the time when it is left at the address); or
	(d)	by transmitting it to the person by fax or email to a fax number or email address provided by the person for the purpose of the giving or service of the notice or document (in which case it is taken to be given or served at the time of transmission of the fax or email).
	(3)	In this regulation—
address for service of a person (other than an agent) in relation to a notice or document means—
	(a)	an address nominated by the person for the purpose of the giving or service of the notice or document; or
	(b)	if there is no such nominated address, the last known address of the person.
31C—Service by email of signed notices or documents
If a provision of the Act or these regulations requires a notice or other document to be signed before it is given to or served on a person, a reference in the Act or these regulations to the giving or service of that notice or document by email will be taken to include a reference to the transmission by email of a scanned copy of the signed notice or document.

Part 4—Miscellaneous
32—Keeping of records
For the purposes of section 37A(2) of the Act, if a person who is required to keep a document or record under Part 4 or 4A of the Act uses a computer program for the purpose, the person must ensure that—
	(b)	an electronic copy of all the documents and records is made at least once in each month and kept so as to be protected against deterioration, loss, theft and unauthorised access, modification or use; and
	(c)	before any information is deleted from the computer records, a hard copy of the information is made and kept by the person as part of the person's records; and
	(d)	an up‑to‑date electronic copy of the computer program is made and kept so as to be protected against deterioration, loss, theft and unauthorised access, modification or use.

Schedule 1—Contracts for sale of land or businesses—forms
Form 1—Vendor's statement
(Section 7 Land and Business (Sale and Conveyancing) Act 1994)

Contents
Preliminary
Part A—Parties and land
Part B—Purchaser's cooling off rights and proceeding with the purchase
Part C—Statement with respect to required particulars
Part D—Certificate with respect to prescribed inquiries by registered agent	☐	
Schedule		
Preliminary
To the purchaser:
The purpose of a statement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 is to put you on notice of certain particulars concerning the land to be acquired.
If you intend to carry out building work on the land, change the use of the land or divide the land, you should make further inquiries to determine whether this will be permitted. For example, building work may not be permitted on land not connected to a sewerage system or common drainage scheme if the land is near a watercourse, dam, bore or the River Murray and Lakes.
The Aboriginal Heritage Act 1988 protects any Aboriginal site or object on the land. Details of any such site or object may be sought from the "traditional owners" as defined in that Act.
If you desire additional information, it is up to you to make further inquiries as appropriate.		
Instructions to the vendor for completing this statement:
☐ means the Part, Division, particulars or item may not be applicable.
If it is applicable, ensure the box is ticked and complete the Part, Division, particulars or item.
If it is not applicable, ensure the box is empty or strike out the Part, Division, particulars or item. Alternatively, the Part, Division, particulars or item may be omitted, but not in the case of an item or heading in the table of particulars in Division 1 of the Schedule that is required by the instructions at the head of that table to be retained as part of this statement.
* means strike out or omit the option that is not applicable.
All questions must be answered with a YES or NO (inserted in the place indicated by a rectangle or square brackets below or to the side of the question).
If there is insufficient space to provide any particulars required, continue on attachments.		
Part A—Parties and land
	1	Purchaser:
Address:
	2	Purchaser's registered agent:
Address:
	3	Vendor:
Address:
	4	Vendor's registered agent:
Address:
	5	Date of contract (if made before this statement is served):
	6	Description of the land:
[Identify the land including any certificate of title reference]	☐

☐

	

Part B—Purchaser's cooling‑off rights and proceeding with the purchase
To the purchaser:
Right to cool‑off
(section 5)
1—Right to cool‑off and restrictions on that right
You may notify the vendor of your intention not to be bound by the contract for the sale of the land UNLESS—
	(a)	you purchased by auction; or
	(b)	you purchased on the same day as you, or some person on your behalf, bid at the auction of the land; or
	(c)	you have, before signing the contract, received independent advice from a legal practitioner and the legal practitioner has signed a certificate in the prescribed form as to the giving of that advice; or
	(d)	you are a body corporate and the land is not residential land; or
	(e)	the contract is made by the exercise of an option to purchase not less than 5 clear business days after the grant of the option and not less than 2 clear business days after service of this form; or
	(f)	the sale is by tender and the contract is made not less than 5 clear business days after the day fixed for the closing of tenders and not less than 2 clear business days after service of this form; or
	(g)	the contract also provides for the sale of a business that is not a small business.		
2—Time for service
The cooling‑off notice must be served—
	(a)	if this form is served on you before the making of the contract—before the end of the second clear business day after the day on which the contract was made; or
	(b)	if this form is served on you after the making of the contract—before the end of the second clear business day from the day on which this form is served.
However, if this form is not served on you at least 2 clear business days before the time at which settlement takes place, the cooling‑off notice may be served at any time before settlement.		
3—Form of cooling‑off notice
The cooling‑off notice must be in writing and must be signed by you.		
4—Methods of service
The cooling‑off notice must be—
	(a)	given to the vendor personally; or
	(b)	posted by registered post to the vendor at the following address:
(being the vendor's last known address); or
	(c)	transmitted by fax or email to the following fax number or email address:
(being a number or address provided to you by the vendor for the purpose of service of the notice); or
	(d)	left for the vendor's agent (with a person apparently responsible to the agent) at, or posted by registered post to the agent at, the following address:
(being *the agent's address for service under the Land Agents Act 1994/an address nominated by the agent to you for the purpose of service of the notice).
Note—
Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling‑off notice on the purchaser. It is therefore strongly recommended that—
	(a)	if you intend to serve the notice by leaving it for the vendor's agent at the agent's address for service or an address nominated by the agent, you obtain an acknowledgment of service of the notice in writing;
	(b)	if you intend to serve the notice by fax or email, you obtain a record of the transmission of the fax or email.		
5—Effect of service
If you serve such cooling‑off notice on the vendor, the contract will be taken to have been rescinded at the time when the notice was served. You are then entitled to the return of any money you paid under the contract other than—
	(a)	the amount of any deposit paid if the deposit did not exceed $100; or
	(b)	an amount paid for an option to purchase the land.		
Proceeding with the purchase
If you wish to proceed with the purchase—
	(a)	it is strongly recommended that you take steps to make sure your interest in the property is adequately insured against loss or damage;
	(b)	pay particular attention to the provisions in the contract as to time of settlement - it is essential that the necessary arrangements are made to complete the purchase by the agreed date - if you do not do so, you may be in breach of the contract;
	(c)	you are entitled to retain the solicitor or registered conveyancer of your choice.		
Part C—Statement with respect to required particulars
(section 7(1))
To the purchaser:
*I/We,
of
being the *vendor(s)/person authorised to act on behalf of the vendor(s) in relation to the transaction state that the Schedule contains all particulars required to be given to you pursuant to section 7(1) of the Land and Business (Sale and Conveyancing) Act 1994.
Date:
Signed:		
Part D—Certificate with respect to prescribed inquiries by registered agent
(section 9)
To the purchaser:
I,
certify *that the responses/that, subject to the exceptions stated below, the responses to the inquiries made pursuant to section 9 of the Land and Business (Sale and Conveyancing) Act 1994 confirm the completeness and accuracy of the particulars set out in the Schedule.
Exceptions:
Date:
Signed:
*Vendor's/Purchaser's agent
*Person authorised to act on behalf of *Vendor's/Purchaser's agent	☐	
Schedule—Division 1—Particulars of mortgages, charges and prescribed encumbrances affecting the land
(section 7(1)(b))
Note—
Section 7(3) of the Act provides that this statement need not include reference to charges arising from the imposition of rates or taxes less than 12 months before the date of service of the statement.
Where a mortgage, charge or prescribed encumbrance referred to in column 1 of the table below is applicable to the land, the particulars in relation to that mortgage, charge or prescribed encumbrance required by column 2 of the table must be set out in the table (in accordance with the instructions in the table) unless—
	(a)	there is an attachment to this statement and—
	(i)	all the required particulars are contained in that attachment; and
	(ii)	the attachment is identified in column 2; and
	(iii)	if the attachment consists of more than 2 sheets of paper, those parts of the attachment that contain the required particulars are identified in column 2; or
	(b)	the mortgage, charge or prescribed encumbrance—
	(i)	is one of the following items in the table:
	(A)	under the heading 1. General—
	1.1	Mortgage of land
	1.4	Lease, agreement for lease, tenancy agreement or licence
	1.5	Caveat
	1.6	Lien or notice of a lien
	(B)	under the heading 33. Other charges—
	33.1	Charge of any kind affecting the land (not included in another item); and
	(ii)	is registered on the certificate of title to the land; and
	(iii)	is to be discharged or satisfied prior to or at settlement.

Table of particulars
	Column 1	Column 2	Column 3	
[If an item is applicable, ensure that the box for the item is ticked and complete the item.]
[If an item is not applicable, ensure that the box for the item is empty or else strike out the item or write "NOT APPLICABLE" or "N/A" in column 1. Alternatively, the item and any inapplicable heading may be omitted, but not in the case of—
	(a)	the heading "1. General" and items 1.1, 1.2, 1.3 and 1.4; and
	(b)	the heading "4. Development Act 1993" and items 4.1 and 4.2; and
	(c)	the heading "5. Repealed Act conditions" and item 5.1,
which must be retained as part of this statement whether applicable or not.]
[If an item is applicable, all particulars requested in column 2 must be set out in the item unless the Note preceding this table otherwise permits. Particulars requested in bold type must be set out in column 3 and all other particulars must be set out in column 2.]
[If there is more than 1 mortgage, charge or prescribed encumbrance of a kind referred to in column 1, the particulars requested in column 2 must be set out for each such mortgage, charge or prescribed encumbrance.]
[If requested particulars are set out in the item and then continued on an attachment due to insufficient space, identify the attachment in the place provided in column 2. If all of the requested particulars are contained in an attachment (instead of in the item) in accordance with the Note preceding this table, identify the attachment in the place provided in column 2 and (if required by the Note) identify the parts of the attachment that contain the particulars.]				
1. General				
1.1	Mortgage of land
[Note—
Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Number of mortgage (if registered):		
		Name of mortgagee:		
1.2	Easement
(whether over the land or annexed to the land)
Note—
"Easement" includes rights of way and party wall rights
[Note—
Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	

		Description of land subject to easement:		
		Nature of easement:		
		Are you aware of any encroachment on the easement?
[     ]
If YES, give details:		
		If there is an encroachment, has approval for the encroachment been given?
[     ]
If YES, give details:		
1.3	Restrictive covenant
[Note—
Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Nature of restrictive covenant:		
		Name of person in whose favour restrictive covenant operates:		
		Does the restrictive covenant affect the whole of the land being acquired?
[     ]
If NO, give details:		
		Does the restrictive covenant affect land other than that being acquired?
[     ]		
1.4	Lease, agreement for lease, tenancy agreement or licence 
(The information does not include information about any sublease or subtenancy. That information may be sought by the purchaser from the lessee or tenant or sublessee or subtenant.)
[Note—
Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Names of parties:		
		Period of lease, agreement for lease etc:
From      to		
		Amount of rent or licence fee:
$       per      (period)		
		Is the lease, agreement for lease etc in writing?
[     ]		
		If the lease or licence was granted under an Act relating to the disposal of Crown lands, specify—
	(a)	the Act under which the lease or licence was granted:
	(b)	the outstanding amounts due (including any interest or penalty):		
1.5	Caveat	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Name and address of caveator:		
		Particulars of interest claimed:		
1.6	Lien or notice of a lien	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Land or other property subject to lien:		
		Nature of lien:		
		Name and address of person who has imposed lien or given notice of it:		
2. Aboriginal Heritage Act 1988				
2.1	section 9—Registration in central archives of an Aboriginal site or object	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Particulars of register entry:		
2.2	section 24—Directions prohibiting or restricting access to, or activities on, a site or an area surrounding a site	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Site or area to which notice relates:		
		Directions (as stated in notice):		
2.3	Part 3 Division 6—Aboriginal heritage agreement	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of agreement:		
		Description of property subject to agreement:		
		Names of parties:		
		Terms of agreement:		
3. Crown Rates and Taxes Recovery Act 1945				
3.1	section 5—Notice requiring payment	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Land in respect of which Crown rates and taxes are owing:		
		Amount owing (as stated in the notice):		
4. Development Act 1993				
4.1	Part 3—Development Plan
[Note—
Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Title or other brief description of zone or policy area in which the land is situated (as shown in the Development Plan):		
		Is the land situated in a designated State Heritage Area?
[     ]		
		Is the land designated as a place of local heritage value?
[     ]		
		Is there a current Development Plan Amendment released for public consultation by a council on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation?
[     ]
If YES, state the name of the council:		
		Is there a current Development Plan Amendment released for public consultation by the Minister on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation?
[     ]		
4.2	section 42—Condition (that continues to apply) of a development authorisation
[Note—
Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of authorisation:		
		Name of relevant authority that granted authorisation:		
		Condition(s) of authorisation:		
4.3	section 50(1)—Requirement to vest land in a council or the Crown to be held as open space	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date requirement given:		
		Name of body giving requirement:		
		Nature of requirement:		
		Contribution payable (if any):		
4.4	section 50(2)—Agreement to vest land in a council or the Crown to be held as open space	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of agreement:		
		Names of parties:		
		Terms of agreement:		
		Contribution payable (if any):		
4.5	section 55—Order to remove or perform work	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of order:		
		Terms of order:		
		Building work (if any) required to be carried out:		
		Amount payable (if any):		
4.6	section 56—Notice to complete development	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Requirements of notice:		
		Building work (if any) required to be carried out:		
		Amount payable (if any):		
4.7	section 57—Land management agreement	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of agreement:		
		Names of parties:		
		Terms of agreement:		
4.8	section 60—Notice of intention by building owner	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Building work proposed (as stated in the notice):		
		Other building work as required pursuant to the Act:		
4.9	section 69—Emergency order	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of order:		
		Name of authorised officer who made order:		
		Name of authority that appointed the authorised officer:		
		Nature of order:		
		Amount payable (if any):		
4.10	section 71—Fire safety notice	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of authority giving notice:		
		Requirements of notice:		
		Building work (if any) required to be carried out:		
		Amount payable (if any):		
4.11	section 84—Enforcement notice	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date notice given:		
		Name of relevant authority giving notice:		
		Nature of directions contained in notice:		
		Building work (if any) required to be carried out:		
		Amount payable (if any):		
4.12	section 85(6), 85(10) or 106—Enforcement order	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date order made:		
		Name of court that made order:		
		Action number:		
		Names of parties:		
		Terms of order:		
		Building work (if any) required to be carried out:		
4.13	Part 11 Division 2—Proceedings	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of commencement of proceedings:		
		Date of determination or order (if any):		
		Terms of determination or order (if any):		
5. Repealed Act conditions				
5.1	Condition (that continues to apply) of an approval or authorisation granted under the Building Act 1971 (repealed), the City of Adelaide Development Control Act 1976 (repealed), the Planning Act 1982 (repealed) or the Planning and Development Act 1966 (repealed)
[Note—
Do not omit this item. The item and its heading must be included in the statement even if not applicable.]	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Nature of condition(s):		
6. Emergency Services Funding Act 1998				
6.1	section 16—Notice to pay levy	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Amount of levy payable:		
7. Environment Protection Act 1993				
7.1	section 59—Environment performance agreement that is registered in relation to the land	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of agreement:		
7.2	section 93—Environment protection order that is registered in relation to the land	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of issue:		
		Compliance date(s) specified in the order:		
7.3	section 93A—Environment protection order relating to cessation of activity that is registered in relation to the land	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of issue:		
		Compliance date(s) specified in the order:		
7.4	section 99—Clean‑up order that is registered in relation to the land	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of issue:		
		Compliance date(s) specified in the order:		
		Amount of charge on the land (if applicable and known):		
7.5	section 100—Clean‑up authorisation that is registered in relation to the land	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of issue:		
		Amount of charge on the land (if known): 		
7.6	section 103H—Site contamination assessment order that is registered in relation to the land	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of issue:		
		Compliance date(s) specified in the order:		
		Amount of charge on the land (if applicable and known):		
7.7	section 103J—Site remediation order that is registered in relation to the land	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of issue:		
		Compliance date(s) specified in the order:		
		Amount of charge on the land (if applicable and known):		
7.8	section 103N—Notice of declaration of special management area in relation to the land (due to possible existence of site contamination)	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Date of Gazette in which notice published:		
		Description of area or areas to which the notice relates:		
7.9	section 103P—Notation of site contamination audit report in relation to the land	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notation:		
		Note—
Site contamination audit reports are kept by the EPA in the public register under section 109 of the Environment Protection Act 1993		
7.10	section 103S—Notice of prohibition or restriction on taking water affected by site contamination in relation to the land	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Date of Gazette in which notice published:		
		Description of the water to which the notice relates:		
		Particulars given in the notice of the site contamination affecting the water:		
8. Fences Act 1975				
8.1	section 5—Notice of intention to perform fencing work	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name and address of person to whom notice was given or from whom notice was received:		
		Particulars of relevant boundary:		
		Kind of fence proposed to be constructed or nature of work proposed to be done to existing fence:		
		Cost or estimated cost of fence or work (as stated in the notice):		
		Amount sought by proponent from adjoining owner (as stated in the notice):		
		If there is a cross‑notice under section 6, give details of—
	(a)	the proposals objected to:
	(b)	the counter‑proposals:		
9. Fire and Emergency Services Act 2005				
9.1	section 105F (or section 56 or 83 (repealed))—Notice to take action to prevent outbreak or spread of fire	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Person or body who issued notice:		
		Requirements of notice (as stated therein):		
		Amount payable (if any):		
10. Food Act 2001				
10.1	section 44—Improvement notice	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of authorised officer who served notice:		
		Name of authority that appointed officer:		
		Requirements of notice:		
10.2	section 46—Prohibition order	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of order:		
		Name of authority or person who served order:		
		Requirements of order:		
11. Fruit and Plant Protection Act 1992 (repealed)				
11.1	section 14 or 15—Notice or order concerning disease	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice or order:		
		Date of Gazette in which notice published (if applicable):		
		Nature of requirement, restriction or prohibition:		
12. Ground Water (Qualco-Sunlands) Control Act 2000				
12.1	Part 6—Risk management allocation	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Is a waterlogging and salinity risk management allocation attached to the whole or any part of the land?
[     ]
If YES, give details of the allocation and the land to which it is attached:		
12.2	section 56—Notice to pay share of Trust costs, or for unauthorised use of water, in respect of irrigated property	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Amount payable (as stated in notice):		
13. Heritage Places Act 1993				
13.1	section 14(2)(b)—Registration of an object of heritage significance	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of registration:		
		Description and location of object registered:		
13.2	section 17 or 18—Provisional registration or registration	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Description of place registered:		
		Has the place been designated as a place of geological, palaeontological or speleological significance or archaeological significance?
[     ]
If YES, give details:		
13.3	section 30—Stop order	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of order:		
		Terms of order:		
13.4	Part 6—Heritage agreement	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of agreement:		
		Description of property subject to agreement:		
		Names of parties:		
		Terms of agreement:		
13.5	section 38—"No development" order	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of order:		
		Terms of order:		
14. Highways Act 1926				
14.1	Part 2A—Establishment of control of access from any road abutting the land	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of establishment of control of access:		
		Description of boundary of land affected:		
15. Housing Improvement Act 1940				
15.1	section 23—Declaration that house is undesirable or unfit for human habitation	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of declaration:		
		Those particulars required to be provided by a council under section 23:		
15.2	Part 7 (rent control for substandard houses)—Notice or declaration	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice or declaration:		
		Those particulars required to be provided by the housing authority under section 60:		
16. Land Acquisition Act 1969				
16.1	section 10—Notice of intention to acquire	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of Authority who served notice:		
		Description of land intended to be acquired (as described in the notice):		
17. Land Tax Act 1936				
17.1	Notice, order or demand for payment of land tax	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice, order or demand:		
		Amount payable (as stated in the notice):		
18. Local Government Act 1934				
18.1	Notice, order, declaration, charge, claim or demand given or made under the Act	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice, order etc:		
		Name of council by which, or person by whom, notice, order etc is given or made:		
		Land subject thereto:		
		Nature of requirements contained in notice, order etc:		
		Time for carrying out requirements:		
		Amount payable (if any):		
19. Local Government Act 1999				
19.1	Notice, order, declaration, charge, claim or demand given or made under the Act	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice, order etc:		
		Name of council by which, or person by whom, notice, order etc is given or made:		
		Land subject thereto:		
		Nature of requirements contained in notice, order etc:		
		Time for carrying out requirements:		
		Amount payable (if any):		
20. Metropolitan Adelaide Road Widening Plan Act 1972				
20.1	section 6—Restriction on building work	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Does the restriction apply to all of the land?
[     ]
If NO, give details about the part of the land to which the restriction applies:		
21. Mining Act 1971				
21.1	Mining tenement (other than an exploration licence)	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Type of tenement:		
		Terms of tenement:		
		Condition(s) (if any) the tenement is subject to:		
21.2	section 9AA—Agreement or order to waive exemption from mining operations	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of agreement or order:		
		Description of land subject to agreement or order:		
		Names of parties:		
		Period of waiver:		
		Terms (and conditions if any) of agreement or order:		
21.3	section 58(a) or 59(8)(b)—Agreement authorising mining operator to enter land or use declared equipment on land	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of agreement:		
		Description of property subject to agreement:		
		Names of parties:		
		Terms of agreement:		
21.4	section 61—Agreement or order to pay compensation for mining operations	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of agreement or order:		
		Description of property subject to agreement or order:		
		Names of parties:		
		Terms of agreement or order:		
21.5	Proclamation with respect to a private mine	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of proclamation:		
22. Native Vegetation Act 1991				
22.1	Part 4 Division 1—Heritage agreement	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of agreement:		
		Description of property subject to agreement:		
		Names of parties:		
		Terms of agreement:		
22.2	Part 5 Division 1—Refusal to grant consent, or condition of a consent, to clear native vegetation	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of refusal or grant of consent:		
		If consent given, condition(s) (if any) of the consent:		
23. Natural Resources Management Act 2004				
23.1	section 97—Notice to pay levy in respect of costs of regional NRM board	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Amount of levy payable:		
23.2	section 105—Notice to pay levy in respect of right to take water or taking of water	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Amount of levy payable:		
23.3	section 115—Notice declaring a penalty	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Amount of penalty payable:		
23.4	section 123—Notice to prepare an action plan for compliance with general statutory duty	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of authority or person that issued notice:		
		Requirements of notice (as specified therein):		
23.5	section 130—Notice to rectify effects of unauthorised activity	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of relevant authority that issued notice:		
		Requirements of notice (as specified therein):		
23.6	section 131—Notice to maintain watercourse or lake in good condition	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of relevant authority that issued notice:		
		Requirements of notice (as specified therein):		
23.7	section 132—Notice restricting the taking of water or directing action in relation to the taking of water	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Water resource to which notice applies:		
		Requirements of notice (as specified therein):		
23.8	section 134—Notice to remove or modify a dam, embankment, wall or other obstruction or object	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Requirements of notice (as specified therein):		
23.9	section 135—Condition (that remains in force) of a permit	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of permit:		
		Name of relevant authority that granted permit:		
		Condition(s) of permit:		
23.10	section 145—Notice to take remedial or other action in relation to a well	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Location of well:		
		Requirements of notice (as specified therein):		
23.11	section 181—Notice of instruction as to keeping or management of animal or plant	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of authorised officer who issued notice:		
		Requirements of notice (as specified therein):		
23.12	section 183—Notice to prepare an action plan for the destruction or control of animals or plants	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of authorised officer who issued notice:		
		Requirements of notice (as specified therein):		
23.13	section 185—Notice to pay costs of destruction or control of animals or plants on road reserve	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of authority that issued notice:		
		Amount payable (as specified in notice):		
23.14	section 187—Notice requiring control or quarantine of animal or plant	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Requirements of notice (as specified therein):		
23.15	section 193—Protection order to secure compliance with specified provisions of the Act	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of order:		
		Name of authority or person who issued order:		
		Requirements of order (as specified therein):		
23.16	section 195—Reparation order requiring specified action or payment to make good damage resulting from contravention of the Act	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of order:		
		Name of authority or person who issued order:		
		Requirements of order (as specified therein):		
23.17	section 197—Reparation authorisation authorising specified action to make good damage resulting from contravention of the Act	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of authorisation:		
		Name of relevant authority that issued authorisation:		
		Person authorised to take action:		
		Requirements of authorisation (as specified therein):		
24. Phylloxera and Grape Industry Act 1995				
24.1	section 23(1)—Notice of contribution payable	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of person or body giving notice:		
		Terms of notice:		
		Amount payable (as stated in notice):		
25. Plant Health Act 2009				
25.1	section 8 or 9—Notice or order concerning pests	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice or order:		
		Date of Gazette in which notice published (if applicable):		
		Nature of requirement, restriction or prohibition:		
26. Public and Environmental Health Act 1987 (repealed)				
26.1	Part 3—Notice	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of council or other authority giving notice:		
		Requirements of notice:		
26.2	Public and Environmental Health (Waste Control) Regulations 2010 (or 1995) (revoked) Part 2—Condition (that continues to apply) of an approval	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of approval:		
		Name of relevant authority that granted the approval:		
		Condition(s) of approval:		
26.3	Public and Environmental Health (Waste Control) Regulations 2010 (revoked) regulation 19—Maintenance order (that has not been complied with)	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of order:		
		Name of relevant authority giving order:		
		Requirements of order:		
27. Sewerage Act 1929 (repealed)				
27.1	Notice, order or demand for payment of sewerage rates, other amounts payable or other requirements made under the Act	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice, order or demand:		
		Amount payable (as stated in the notice):		
		Nature of requirement made:		
28. South Australian Public Health Act 2011				
28.1	section 66—Direction or requirement to avert spread of disease	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of direction or requirement:		
		Name of authority giving direction or making requirement:		
		Nature of direction or requirement:		
28.2	section 92—Notice	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Name of council or other relevant authority giving notice:		
		Requirements of notice:		
28.3	South Australian Public Health (Wastewater) Regulations 2013 Part 4—Condition (that continues to apply) of an approval	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of approval:		
		Name of person or body that granted the approval:		
		Condition(s) of approval:		
29. Upper South East Dryland Salinity and Flood Management Act 2002 (expired)				
29.1	section 23—Notice of contribution payable	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Terms of notice:		
		Amount payable:		
30.Water Industry Act 2012				
30.1	Notice or order under the Act requiring payment of charges or other amounts or making other requirement	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice or order:		
		Name of person or body who served notice or order:		
		Amount payable (if any) as specified in the notice or order:		
		Nature of other requirement made (if any) as specified in the notice or order:		
31. Water Resources Act 1997				
31.1	section 18 (repealed)—Condition (that remains in force) of a permit	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of permit:		
		Name of relevant authority that granted permit:		
		Condition(s) of permit:		
31.2	section 125 (or a corresponding previous enactment)—Notice to pay levy	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice:		
		Amount of levy payable:		
32. Waterworks Act 1932 (repealed)				
32.1	Notice, order or demand for payment of water rates, other amounts payable or other requirements made under the Act	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Date of notice, order or demand:		
		Amount payable (as stated in the notice):		
		Nature of requirement made:		
33. Other charges				
33.1	Charge of any kind affecting the land (not included in another item)	Is this item applicable?	☐	
		Will this be discharged or satisfied prior to or at settlement?	[     ]	
		Are there attachments?
If YES, identify the attachment(s)
(and, if applicable, the part(s) containing the particulars):	[     ]	
		Person or body in whose favour charge exists:		
		Nature of charge:		
		Amount of charge (if known):		

Schedule—Division 2—Other particulars	☐	
(section 7(1)(b))		
Particulars of transactions in last 12 months	☐	

If the vendor, within 12 months before the date of the contract of sale—			
	(a)	obtained title to the land; or
	(b)	obtained an option to purchase the land; or
	(c)	entered into a contract to purchase the land (whether on the vendor's own behalf or on behalf of another),			
the vendor must provide the following particulars of all transactions relating to the acquisition of the interest that occurred within that 12 month period:			
1	The name and address of each party to the transaction and of each person in whom an interest vested as a result of the transaction:		
2	The date and nature of each instrument registered on the certificate of title or, if no such instrument has been registered, the date and nature of each document forming the whole or part of a contract relating to the transaction:		
3	Particulars of the consideration provided for the purposes of the transaction:		
The above particulars must be provided for each transaction.			

Particulars relating to community lot (including strata lot) or development lot	☐	

1	Name of community corporation:
Address of community corporation:		
2	Application must be made in writing to the community corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the community corporation for the documents referred to in 6 unless those documents are obtained from the Lands Titles Registration Office.		
3	Particulars supplied by the community corporation or known to the vendor:
	(a)	particulars of contributions payable in relation to the lot (including details of arrears of contributions related to the lot):
	(b)	particulars of assets and liabilities of the community corporation:
	(c)	particulars of expenditure that the community corporation has incurred, or has resolved to incur, and to which the owner of the lot must contribute, or is likely to be required to contribute:
	(d)	if the lot is a development lot, particulars of the scheme description relating to the development lot and particulars of the obligations of the owner of the development lot under the development contract:
	(e)	if the lot is a community lot, particulars of the lot entitlement of the lot:		
	[If any of the above particulars have not been supplied by the community corporation by the date of this statement and are not known to the vendor, state "not known" for those particulars.]		
4	Documents supplied by the community corporation that are enclosed: 
	(a)	a copy of the minutes of the general meetings of the community corporation and management committee *for the 2 years preceding this statement/since the deposit of the community plan;
(*Strike out or omit whichever is the greater period)
[     ]
	(b)	a copy of the statement of accounts of the community corporation last prepared;
[     ]
	(c)	a copy of current policies of insurance taken out by the community corporation.
[     ]		
	[For each document indicate (YES or NO) whether or not the document has been supplied by the community corporation by the date of this statement.]		
5	If "not known" has been specified for any particulars in 3 or a document referred to in 4 has not been supplied, set out the date of the application made to the community corporation and give details of any other steps taken to obtain the particulars or documents concerned:		
6	The following documents are enclosed:		
		(a)	a copy of the scheme description (if any) and the development contract (if any);
	(b)	a copy of the by-laws of the community scheme.	☐	
7	The following additional particulars are known to the vendor or have been supplied by the community corporation:	☐	
8	Further inquiries may be made to the secretary of the community corporation or the appointed community scheme manager.
Name:
Address:		

Note—
	1	A community corporation must (on application by or on behalf of a current or prospective owner or other relevant person) provide the particulars and documents referred to in 3(a)—(c) and 4 and must also make available for inspection any information required to establish the current financial position of the corporation, a copy of any contract with a body corporate manager and the register of owners and lot entitlements that the corporation maintains: see sections 139 and 140 of the Community Titles Act 1996.
	2	Copies of the scheme description, the development contract or the by‑laws of the community scheme may be obtained from the community corporation or from the Lands Titles Registration Office.
	3	All owners of a community lot or a development lot are bound by the by‑laws of the community scheme. The by‑laws regulate the rights and liabilities of owners of lots in relation to their lots and the common property and matters of common concern.
	4	For a brief description of some of the matters that need to be considered before purchasing a community lot, see Division 3 of this Schedule.		

Particulars relating to strata unit	☐	

1	Name of strata corporation:
Address of strata corporation:		
2	Application must be made in writing to the strata corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the strata corporation for the articles referred to in 6 unless the articles are obtained from the Lands Titles Registration Office.		
3	Particulars supplied by the strata corporation or known to the vendor:
	(a)	particulars of contributions payable in relation to the unit (including details of arrears of contributions related to the unit):
	(b)	particulars of the assets and liabilities of the strata corporation:
	(c)	particulars of expenditure that the strata corporation has incurred, or has resolved to incur, and to which the unit holder of the unit must contribute, or is likely to be required to contribute:
	(d)	particulars of the unit entitlement of the unit:		
	[If any of the above particulars have not been supplied by the strata corporation by the date of this statement and are not known to the vendor, state "not known" for those particulars.]		
4	Documents supplied by the strata corporation that are enclosed:
	(a)	a copy of the minutes of the general meetings of the strata corporation and management committee *for the 2 years preceding this statement/since the deposit of the strata plan;
(*Strike out or omit whichever is the greater period)
[     ]
	(b)	a copy of the statement of accounts of the strata corporation last prepared;
[     ]
	(c)	a copy of current policies of insurance taken out by the strata corporation.
[     ]		
	[For each document indicate (YES or NO) whether or not the document has been supplied by the strata corporation by the date of this statement.]		
5	If "not known" has been specified for any particulars in 3 or a document referred to in 4 has not been supplied, set out the date of the application made to the strata corporation and give details of any other steps taken to obtain the particulars or documents concerned:		
6	A copy of the articles of the strata corporation is enclosed.		
7	The following additional particulars are known to the vendor or have been supplied by the strata corporation:	☐	
8	Further inquiries may be made to the secretary of the strata corporation or the appointed strata manager.
Name:
Address:		

Note—
	1	A strata corporation must (on application by or on behalf of a current owner, prospective purchaser or other relevant person) provide the particulars and documents referred to in 3(a)—(c), 4 and 6 and must also make available for inspection its accountancy records and minute books, any contract with a body corporate manager, the register of unit holders and unit holder entitlements that it maintains and any documents in its possession relating to the design and construction of the buildings or improvements on the site or relating to the strata scheme.
	2	Copies of the articles of the strata corporation may also be obtained from the Lands Titles Registration Office.
	3	All owners of a strata unit are bound by the articles of the strata corporation. The articles regulate the rights and liabilities of owners of units in relation to their units and the common property and matters of common concern.
	4	For a brief description of some of the matters that need to be considered before purchasing a strata unit, see Division 3 of this Schedule.		

Particulars of building indemnity insurance	☐	

Note—
Building indemnity insurance is not required for—
	(a)	domestic building work for which approval under the Development Act 1993 or the repealed Building Act 1971 is or was not required; or
	(b)	minor domestic building work (see section 3 of the Building Work Contractors Act 1995); or
	(c)	domestic building work commenced before 1 May 1987; or
	(d)	building work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 applies under the Building Work Contractors Regulations 2011; or
	(e)	building work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 has been granted under section 45 of that Act.		

Details of building indemnity insurance still in existence for building work on the land:		

1	Name(s) of person(s) insured:		
2	Name of insurer:		
3	Limitations on the liability of the insurer:		
4	Name of builder:		
5	Builder's licence number:		
6	Date of issue of insurance:		
7	Description of insured building work:		

Exemption from holding insurance:		

If particulars of insurance are not given, has an exemption been granted under section 45 of the Building Work Contractors Act 1995 from the requirement to hold an insurance policy in accordance with Division 3 of Part 5 of that Act?
[     ]
If YES, give details:
	(a)	Date of the exemption:
	(b)	Name of builder granted the exemption:
	(c)	Licence number of builder granted the exemption:
	(d)	Details of building work to which the exemption applies:
	(e)	Details of conditions (if any) to which the exemption is subject:		

Particulars relating to asbestos at workplaces	☐	

1	In these particulars—
asbestos and asbestos containing material have the same meaning as in the Work Health and Safety Regulations 2012;
workplace has the same meaning as in the Work Health and Safety Act 2012.		
2	Is there a workplace on the land?
[     ]		
3	If YES, is there an asbestos register for the workplace?
[     ]		
4	If YES, does that register record any asbestos or asbestos containing material at the workplace (or likely to be present at the workplace from time to time) and specify the location, type and condition of that asbestos or asbestos containing material?
[     ]		
5	If YES—
	(a)	give details of the location, type and condition of the asbestos or asbestos containing material:
	(b)	has a plan been prepared for the management of asbestos at the workplace?
[     ]
If YES, give details:
	(c)	is any asbestos or asbestos containing material to be removed before settlement?
[     ]
If YES, give details:		

Note—
	1.	A register is not required to be prepared for a workplace—
	(a)	if a register has already been prepared for the workplace; or
	(b)	if—
	(i)	the workplace is a building that was constructed after 31 December 2003; and
	(ii)	no asbestos has been identified at the workplace; and
	(iii)	no asbestos is likely to be present at the workplace from time to time.
See regulation 425 of the Work Health and Safety Regulations 2012.
	2.	A person with management or control of a workplace who plans to relinquish management or control must ensure (so far as is reasonably practicable) that the asbestos register is given to the person assuming management or control of the workplace.
See regulation 428 of the Work Health and Safety Regulations 2012.	

Particulars relating to court or tribunal process	☐	

If process has issued out of any court or tribunal in relation to a claim—
	(a)	that is stated to affect the land or the value of which is $5 000 or more; and
	(b)	that presently affects (or may prospectively affect) title to, or the possession or enjoyment of, the land,
the vendor must provide the following particulars:		
	1	Name of court or tribunal:
	2	Names of parties:
	3	Nature of claim:
	4	Amount of claim (if applicable):
	5	Amount of judgment (if applicable):
	6	Name of judgment creditor (if applicable):		

Particulars relating to land irrigated or drained under Irrigation Acts	☐	

1—Land irrigated or drained under Irrigation Act 2009
If the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by an irrigation trust under the Irrigation Act 2009—
	(a)	has the trust given notice under section 40 of that Act in respect of the land?
[     ]
If YES, specify—
	(i)	the date on which notice was given:
	(ii)	the requirements of the notice:
	(iii)	the amount (if any) payable under section 40(7) of the Act:
	(b)	has the trust given notice under section 50 of that Act?
[     ]
If YES, specify—
	(i)	the date on which notice was given:
	(ii)	the amount payable (including interest, if any):	☐	
2—Land irrigated or drained under Renmark Irrigation Trust Act 2009
If the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by the Renmark Irrigation Trust under the Renmark Irrigation Trust Act 2009—
	(a)	has the Trust given notice under section 41 of that Act in respect of the land?
[     ]
If YES, specify—
	(i)	the date on which notice was given:
	(ii)	the requirements of the notice:
	(iii)	the amount (if any) payable under section 41(7) of the Act:
	(b)	has the Trust given notice under section 52 of that Act in respect of the land?
[     ]
If YES, specify—
	(i)	the date on which notice was given:
	(ii)	the amount payable (including interest, if any):	☐	

Particulars relating to environment protection	☐	
1—Interpretation		

	(1)	In this and the following items (items 1 to 7 inclusive)—
domestic activity has the same meaning as in the Environment Protection Act 1993;
environmental assessment, in relation to land, means an assessment of the existence or nature or extent of—
	(a)	site contamination (within the meaning of the Environment Protection Act 1993) at the land; or
	(b)	any other contamination of the land by chemical substances,
and includes such an assessment in relation to water on or below the surface of the land;
EPA means the Environment Protection Authority established under the Environment Protection Act 1993;
pre-1 July 2009 site audit, in relation to land, means a review (carried out by a person recognised by the EPA as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining—
	(a)	the nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and
	(b)	the suitability of the land for a particular use; and
	(c)	what remediation is or remains necessary for a particular use,
but does not include a site contamination audit (as defined below) completed on or after 1 July 2009;
pre-1 July 2009 site audit report means a detailed written report that sets out the findings of a pre‑1 July 2009 site audit;
prescribed commercial or industrial activity—see item 1(2);
prescribed fee means the fee prescribed under the Environment Protection Act 1993 for inspection of, or obtaining copies of information on, the public register;
public register means the public register kept by the EPA under section 109 of the Environment Protection Act 1993;
site contamination audit has the same meaning as in the Environment Protection Act 1993;
site contamination audit report has the same meaning as in the Environment Protection Act 1993.
	(2)	For the purposes of this and the following items (items 1 to 7 inclusive), each of the following activities (as defined in Schedule 3 clause 2 of the Environment Protection Regulations 2009) is a prescribed commercial or industrial activity:		

abrasive blasting	acid sulphate soil generation	agricultural activities	
airports, aerodromes or aerospace industry	animal burial	animal dips or spray race facilities	
animal feedlots	animal saleyards	asbestos disposal	
asphalt or bitumen works	battery manufacture, recycling or disposal	breweries	
brickworks	bulk shipping facilities	cement works	
ceramic works	charcoal manufacture	coal handling or storage	
coke works	compost or mulch production or storage	concrete batching works	
curing or drying works	defence works	desalination plants	
dredge spoil disposal or storage	drum reconditioning or recycling works	dry cleaning	
electrical or electronics component manufacture	electrical substations	electrical transformer or capacitor works	
electricity generation or power plants	explosives or pyrotechnics facilities	fertiliser manufacture	
fibreglass manufacture	fill or soil importation	fire extinguisher or retardant manufacture	
fire stations	fire training areas	foundry	
fuel burning facilities	furniture restoration	gasworks	
glass works	glazing	hat manufacture or felt processing	
incineration	iron or steel works	laboratories	
landfill sites	lime burner	metal coating, finishing or spray painting	
metal forging	metal processing, smelting, refining or metallurgical works 	mineral processing, metallurgical laboratories or mining or extractive industries	
mirror manufacture	motor vehicle manufacture	motor vehicle racing or testing venues	
motor vehicle repair or maintenance	motor vehicle wrecking yards	mushroom farming	
oil recycling works	oil refineries	paint manufacture	
pest control works	plastics manufacture works	printing works	
pulp or paper works	railway operations	rubber manufacture or processing	
scrap metal recovery	service stations	ship breaking	
spray painting	tannery, fellmongery or hide curing	textile operations	
transport depots or loading sites	tyre manufacture or retreading	vermiculture	
vessel construction, repair or maintenance	waste depots	wastewater storage, treatment or disposal	
water discharge to underground aquifer	wetlands or detention basins	wineries or distilleries	
wood preservation works	woolscouring or wool carbonising works	works depots (operated by councils or utilities)	

2—Pollution and site contamination on the land—questions for vendor		

	(1)	Is the vendor aware of any of the following activities ever having taken place at the land:
	(a)	storage, handling or disposal of waste or fuel or other chemicals (other than in the ordinary course of domestic activities)?
	(b)	importation of soil or other fill from a site at which—
	(i)	an activity of a kind listed in paragraph (a) has taken place; or
	(ii)	a prescribed commercial or industrial activity (see item 1(2) above) has taken place?
[     ]
If YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:
	(2)	Is the vendor aware of any prescribed commercial or industrial activities (see item 1(2) above) ever having taken place at the land?
[     ]
If YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:
	(3)	Is the vendor aware of any dangerous substances ever having been kept at the land pursuant to a licence under the Dangerous Substances Act 1979?
[     ]
If YES, give details of all dangerous substances that the vendor is aware of and whether they were kept at the land before or after the vendor acquired an interest in the land:
	(4)	Is the vendor aware of the sale or transfer of the land or part of the land ever having occurred subject to an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies?
[     ]
If YES, give details of each sale or transfer and agreement that the vendor is aware of:
	(5)	Is the vendor aware of an environmental assessment of the land or part of the land ever having been carried out or commenced (whether or not completed)?
[     ]
If YES, give details of all environmental assessments that the vendor is aware of and whether they were carried out or commenced before or after the vendor acquired an interest in the land:		

Note—
These questions relate to details about the land that may be known by the vendor. A "YES" answer to the questions at items 2(1) or 2(2) may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.
A "YES" answer to any of the questions in this item may indicate the need for the purchaser to seek further information regarding the activities, for example, from the council or the EPA.		

3—Licences and exemptions recorded by EPA in public register		

	Does the EPA hold any of the following details in the public register:		
		(a)	details of a current licence issued under Part 6 of the Environment Protection Act 1993 to conduct, at the land—
	(i)	a waste or recycling depot (as referred to in clause 3(3) of Schedule 1 Part A of that Act); or
	(ii)	activities producing listed wastes (as referred to in clause 3(4) of Schedule 1 Part A of that Act); or
	(iii)	any other prescribed activity of environmental significance under Schedule 1 of that Act?
[     ]
	(b)	details of a licence no longer in force issued under Part 6 of the Environment Protection Act 1993 to conduct, at the land—
	(i)	a waste or recycling depot (as referred to in clause 3(3) of Schedule 1 Part A of that Act); or
	(ii)	activities producing listed wastes (as referred to in clause 3(4) of Schedule 1 Part A of that Act); or
	(iii)	any other prescribed activity of environmental significance under Schedule 1 of that Act?
[     ]
	(c)	details of a current exemption issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land?
[     ]
	(d)	details of an exemption no longer in force issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land?
[     ]
	(e)	details of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to operate a waste depot at the land?
[     ]
	(f)	details of a licence issued under the repealed Waste Management Act 1987 to operate a waste depot at the land?
[     ]
	(g)	details of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to produce waste of a prescribed kind (within the meaning of that Act) at the land?
[     ]
	(h)	details of a licence issued under the repealed Waste Management Act 1987 to produce prescribed waste (within the meaning of that Act) at the land?
[     ]		

Note—
These questions relate to details about licences and exemptions required to be recorded by the EPA in the public register. If the EPA answers "YES" to any of the questions—
	•	in the case of a licence or exemption under the Environment Protection Act 1993—
	—	the purchaser may obtain a copy of the licence or exemption from the public register on payment of the prescribed fee; and
	—	the purchaser should note that transfer of a licence or exemption is subject to the conditions of the licence or exemption and the approval of the EPA (see section 49 of the Environment Protection Act 1993); and
	•	in the case of a licence under a repealed Act—the purchaser may obtain details about the licence from the public register on payment of the prescribed fee.
A "YES" answer to any of these questions may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.
The EPA will not provide details about licences to conduct the following prescribed activities of environmental significance (within the meaning of Schedule 1 Part A of the Environment Protection Act 1993): waste transport business (category A), waste transport business (category B), dredging, earthworks drainage, any other activities referred to in Schedule 1 Part A undertaken by means of mobile works, helicopter landing facilities, marinas and boating facilities or discharges to marine or inland waters.
The EPA will not provide details about exemptions relating to—
	•	the conduct of any of the licensed activities in the immediately preceding paragraph in this note; or
	•	noise.		

4—Pollution and site contamination on the land—details recorded by EPA in public register		

	Does the EPA hold any of the following details in the public register in relation to the land or part of the land:		
		(a)	details of serious or material environmental harm caused or threatened in the course of an activity (whether or not notified under section 83 of the Environment Protection Act 1993)?
[     ]
	(b)	details of site contamination notified to the EPA under section 83A of the Environment Protection Act 1993?
[     ]
	(c)	a copy of a report of an environmental assessment (whether prepared by the EPA or some other person or body and whether or not required under legislation) that forms part of the information required to be recorded in the public register?
[     ]
	(d)	a copy of a site contamination audit report?
[     ]
	(e)	details of an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies?
[     ]
	(f)	details of an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993?
[     ]
	(g)	details of an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993?
[     ]
	(h)	details of a notification under section 103Z(1) of the Environment Protection Act 1993 relating to the commencement of a site contamination audit?
[     ]
	(i)	details of a notification under section 103Z(2) of the Environment Protection Act 1993 relating to the termination before completion of a site contamination audit?
[     ]
	(j)	details of records, held by the former South Australian Waste Management Commission under the repealed Waste Management Act 1987, of waste (within the meaning of that Act) having been deposited on the land between 1 January 1983 and 30 April 1995?
[     ]		

Note—
These questions relate to details required to be recorded by the EPA in the public register. If the EPA answers "YES" to any of the questions, the purchaser may obtain those details from the public register on payment of the prescribed fee.		

5—Pollution and site contamination on the land—other details held by EPA		

	Does the EPA hold any of the following details in relation to the land or part of the land:		
		(a)	a copy of a report known as a "Health Commission Report" prepared by or on behalf of the South Australian Health Commission (under the repealed South Australian Health Commission Act 1976)?
[     ]
	(b)	details (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993?
[     ]
	(c)	details (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993?
[     ]
	(d)	a copy of a pre‑1 July 2009 site audit report?
[     ]
	(e)	details relating to the termination before completion of a pre‑1 July 2009 site audit?
[     ]		

Note—
These questions relate to details that the EPA may hold. If the EPA answers "YES" to any of the questions, the purchaser may obtain those details from the EPA (on payment of any fee fixed by the EPA).		

6—Further information held by councils		

	Does the council hold details of any development approvals relating to—
	(a)	commercial or industrial activity at the land; or
	(b)	a change in the use of the land or part of the land (within the meaning of the Development Act 1993)?
[     ]		

Note—
The question relates to information that the council for the area in which the land is situated may hold. If the council answers "YES" to the question, it will provide a description of the nature of each development approved in respect of the land. The purchaser may then obtain further details from the council (on payment of any fee fixed by the council). However, it is expected that the ability to supply further details will vary considerably between councils.		
A "YES" answer to paragraph (a) of the question may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.		
It should be noted that—
	•	the approval of development by a council does not necessarily mean that the development has taken place;
	•	the council will not necessarily be able to provide a complete history of all such development that has taken place at the land.		

7—Further information for purchasers		

Note—
The purchaser is advised that other matters under the Environment Protection Act 1993 (that is, matters other than those referred to in this Statement) that may be relevant to the purchaser's further enquiries may also be recorded in the public register. These include:
	•	details relating to environmental authorisations such as applications, applicants, locations of activities, conditions, suspension, cancellation or surrender of authorisations, disqualifications, testing requirements and test results;
	•	details relating to activities undertaken on the land under licences or other environmental authorisations no longer in force;
	•	written warnings relating to alleged contraventions of the Environment Protection Act 1993;
	•	details of prosecutions and other enforcement action;
	•	details of civil proceedings;
	•	other details prescribed under the Environment Protection Act 1993 (see section 109(3)(l)).		
Details of these matters may be obtained from the public register on payment to the EPA of the prescribed fee.
If—
	•	an environment performance agreement, environment protection order, clean‑up order, clean‑up authorisation, site contamination assessment order or site remediation order has been registered on the certificate of title for the land; or
	•	a notice of declaration of special management area in relation to the land has been gazetted; or
	•	a notation has been made on the certificate of title for the land that a site contamination audit report has been prepared in respect of the land; or
	•	a notice of prohibition or restriction on taking water affected by site contamination in relation to the land has been gazetted,
it will be noted in the items under the heading Environment Protection Act 1993 under the Table of Particulars in this Statement. Details of any registered documents may be obtained from the Lands Titles Registration Office.		

Particulars relating to Livestock Act 1997	☐	

1	Has any notice under section 33 or 37 of the Livestock Act 1997 been made that affects, presently or prospectively, enjoyment of the land?
[     ]
If YES, give details of the following:
Date of notice:
Terms of notice:		
2	Has any order under section 38, or notice under section 72, of the Livestock Act 1997 been issued to the vendor in relation to the land or any building on the land?
[     ]
If YES, give details of the following:
Date of order or notice:
Terms of order or notice:		

Schedule—Division 3—Community lots and strata units	☐	

Matters to be considered in purchasing a community lot or strata unit
The property you are buying is on strata or community title. There are special obligations and restrictions that go with this kind of title. Make sure you understand these. If unsure, seek legal advice before signing a contract. For example:
Governance
You will automatically become a member of the body corporate, which includes all owners and has the job of maintaining the common property and enforcing the rules. Decisions, such as the amount you must pay in levies, will be made by vote of the body corporate. You will need to take part in meetings if you wish to have a say. If outvoted, you will have to live with decisions that you might not agree with.
If you are buying into a mixed use development (one that includes commercial as well as residential lots), owners of some types of lots may be in a position to outvote owners of other types of lots. Make sure you fully understand your voting rights, see later.
Use of your property
You, and anyone who visits or occupies your property, will be bound by rules in the form of articles or by‑laws. These can restrict the use of the property, for example, they can deal with keeping pets, car parking, noise, rubbish disposal, short‑term letting, upkeep of buildings and so on. Make sure that you have read the articles or by‑laws before you decide whether this property will suit you.
Depending on the rules, you might not be permitted to make changes to the exterior of your unit, such as installing a television aerial or an air‑conditioner, building a pergola, attaching external blinds etc without the permission of the body corporate. A meeting may be needed before permission can be granted. Permission may be refused.
Note that the articles or by‑laws could change between now and when you become the owner: the body corporate might vote to change them. Also, if you are buying before the community plan is registered, then any by‑laws you have been shown are just a draft.
Are you buying a debt?
If there are unpaid contributions owing on this property, you can be made to pay them. You are entitled to know the financial state of the body corporate and you should make sure you see its records before deciding whether to buy. As a prospective owner, you can write to the body corporate requiring to see the records, including minutes of meetings, details of assets and liabilities, contributions payable, outstanding or planned expenses and insurance policies. There is a fee. To make a request, write to the secretary or management committee of the body corporate.
Expenses
The body corporate can require you to maintain your property, even if you do not agree, or can carry out maintenance and bill you for it.
The body corporate can require you to contribute to the cost of upkeep of the common property, even if you do not agree. Consider what future maintenance or repairs might be needed on the property in the long term.
Guarantee
As an owner, you are a guarantor of the liabilities of the body corporate. If it does not pay its debts, you can be called on to do so. Make sure you know what the liabilities are before you decide to buy. Ask the body corporate for copies of the financial records.
Contracts
The body corporate can make contracts. For example, it may engage a body corporate manager to do some or all of its work. It may contract with traders for maintenance work. It might engage a caretaker to look after the property. It might make any other kind of contract to buy services or products for the body corporate. Find out what contracts the body corporate is committed to and the cost.
The body corporate will have to raise funds from the owners to pay the money due under these contracts. As a guarantor, you could be liable if the body corporate owes money under a contract.
Buying off the plan
If you are buying a property that has not been built yet, then you cannot be certain what the end product of the development process will be. If you are buying before a community plan has been deposited, then any proposed development contract, scheme description or by‑laws you have been shown could change.
Mixed use developments—voting rights
You may be buying into a group that is run by several different community corporations. This is common in mixed use developments, for example, where a group of apartments is combined with a hotel or a group of shops. If there is more than one corporation, then you should not expect that all lot owners in the group will have equal voting rights. The corporations may be structured so that, even though there are more apartments than shops in the group, the shop owners can outvote the apartment owners on some matters. Make enquiries so that you understand how many corporations there are and what voting rights you will have.
Further information
The Real Estate Institute of South Australia provides an information service for enquiries about real estate transactions, see www.reisa.com.au.
A free telephone Strata and Community Advice Service is operated by the Legal Services Commission of South Australia: call 1300 366 424. Information and a booklet about strata and community titles is available from the Legal Services Commission at www.lsc.sa.gov.au.
You can also seek advice from a legal practitioner.	
Form 2—Vendor’s statement (section 8)
Land and Business (Sale and Conveyancing) Act 1994
Contents
Preliminary
Part A—Parties and business
Part B—Purchaser's cooling‑off rights and proceeding with the purchase
Part C—Statement with respect to required particulars
Part D—Certificate of qualified accountant with respect to trading statement
†Part E—Certificate with respect to prescribed inquiries by registered agent
Schedule 1
†Schedule 2
Preliminary
To the purchaser:
The purpose of a statement under section 8 of the Land and Business (Sale and Conveyancing) Act 1994 is to put you on notice of certain particulars concerning the business to be acquired and any land to be acquired as part of that business.
If you intend to carry out building work on the land, change the use of the land or divide the land, you should make further inquiries to determine whether this will be permitted. For example, building work may not be permitted on land not connected to a sewerage system or common drainage scheme if the land is near a watercourse, dam, bore or the River Murray and Lakes.
The Aboriginal Heritage Act 1988 protects any Aboriginal site or object on the land. Details of any such site or object may be sought from the "traditional owners" as defined in that Act.
If you desire additional information, it is up to you to make further inquiries as appropriate.
Instructions to the vendor for completing this statement:
† means strike out or omit the Part, Schedule, Division, Particulars or item if not applicable.
* means strike out or omit the option that is not applicable.
If there is insufficient space to provide any particulars required, continue on attachments.
The particulars set out under the headings "Particulars relating to environment protection" and "Particulars relating to Livestock Act 1997" in Schedule 2 Division 2 must be included if the matters set out under those headings affect, presently or prospectively, the business the subject of the sale, regardless of whether land is sold under the contract for sale of the business. If land is sold under the contract, the particulars must be included in relation to both the land and the business the subject of the sale.
Part A—Parties and business
1	Purchaser:
Address:
†2	Purchaser's registered agent:
Address:
3	Vendor:
Address:
†4	Vendor's registered agent:
Address:
5	Date of contract (if made before this statement is served): 
6	Description of business:
Address where business carried on:
†7	Description of the land:
[Identify the land including any certificate of title reference]
Part B—Purchaser's cooling‑off rights and proceeding with the purchase
To the purchaser:
Right to cool‑off
(section 5)
1—Right to cool‑off and restrictions on that right
You may notify the vendor of your intention not to be bound by the contract for the sale of the business UNLESS—
	(a)	this form has been served on you not less than 5 clear business days before the making of the contract; or
	(b)	you have, before signing the contract, received independent legal advice from a legal practitioner and the legal practitioner has signed a certificate in the prescribed form as to the giving of that advice; or
	(c)	you purchased by auction; or
	(d)	you purchased on the same day as you, or some person on your behalf, bid at the auction of the business; or
	(e)	the sale is by tender and the contract is made not less than 5 clear business days after the day fixed for the closing of tenders and not less than 5 clear business days after service of this form; or
	(f)	the contract is made by the exercise of an option to purchase the business not less than 5 clear business days after the grant of the option and not less than 5 clear business days after service of this form; or
	(g)	the business is not a small business.
2—Time for service
The cooling‑off notice must be served—
	(a)	before the end of the fifth clear business day after the day on which this form is served on you; or
	(b)	before settlement takes place,
whichever is the earlier.
3—Form of cooling‑off notice
The cooling‑off notice must be in writing and must be signed by you.
4—Methods of service
The cooling‑off notice must be—
	(a)	given to the vendor personally; or
	(b)	posted by registered post to the vendor at the following address:
(being the vendor's last known address); or
	(c)	transmitted by fax or email to the following fax number or email address:           
(being a number or address provided to you by the vendor for the purpose of service of the notice); or
	(d)	left for the vendor's agent (with a person apparently responsible to the agent) at, or posted by registered post to the agent at, the following address:
(being *the agent's address for service under the Land Agents Act 1994/an address nominated by the agent to you for the purpose of service of the notice).
Note—
Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling‑off notice on the purchaser. It is therefore strongly recommended that—
	(a)	if you intend to serve the notice by leaving it for the vendor's agent at the agent's address for service or an address nominated by the agent, you obtain an acknowledgment of service of the notice in writing;
	(b)	if you intend to serve the notice by fax or email, you obtain a record of the transmission of the fax or email.
5—Effect of service
If you serve such a cooling‑off notice on the vendor, the contract will be taken to have been rescinded at the time when the notice was served. You are then entitled to the return of any money you paid under the contract other than—
	(a)	the amount of any deposit paid if the deposit did not exceed $100; or
	(b)	an amount paid for an option to purchase the business.
Proceeding with the purchase
If you wish to proceed with the purchase—
	(a)	it is strongly recommended that you take steps to make sure that the business and your interest in the property are adequately insured against loss or damage;
	(b)	pay particular attention to the provisions in the contract as to time of settlement—it is essential that the necessary arrangements are made to complete the purchase by the agreed date—if you do not do so, you may be in breach of the contract;
	(c)	you are entitled to retain the solicitor or registered conveyancer of your choice.
Part C—Statement with respect to required particulars
(section 8(1))
To the purchaser:
*I/We,
of
being the *vendor(s)/person authorised to act on behalf of the vendor(s) in relation to the transaction state—
	(a)	that the particulars set out in Schedule 1—
	(i)	are correct; and
	(ii)	are the particulars in relation to the business required to be given to you pursuant to section 8(1)(b) of the Land and Business (Sale and Conveyancing) Act 1994 (the Act); and
	†(b)	that the sale of the business involves the sale of land and that Schedule 2 contains all particulars required to be given to you pursuant to section 7(1) of the Act.
Date:
Signed:
Part D—Certificate of qualified accountant with respect to trading statement
(section 8(2))
To the purchaser:
I,
†for [name of business that the accountant represents]
of
being a member of [professional accounting body]
and a qualified accountant, certify—
	(a)	that *I have/a person acting on my behalf has examined the records and accounts of the business for each of the financial years recorded on the trading statement in Division 1 of Schedule 1; and
	†(b)	that—
	(i)	in my opinion, the trading statement fairly and accurately represents the financial operations of the business; and
	(ii)	I am not aware of any circumstances that would render any particulars included in the trading statement inaccurate or misleading.
OR
	†(b)	that—
	†(i)	in my opinion, the trading statement fairly and accurately represents the financial operations of the business, subject to the following qualifications:
[Insert qualifications]; and
OR
	†(i)	in my opinion, the trading statement may not fairly and accurately represent the financial operations of the business because:
[Provide clarification on individual items contained in Division 1 of Schedule 1 or general comments on the information contained in the records and accounts of the business, eg comments on the state of the records or accounts, the basis for deriving results, highlight and comment on included estimates etc. If space is insufficient, continue on attachments.]; and
	(ii)	I am not aware of any other circumstances that would render any particulars included in the trading statement inaccurate or misleading.
Date:
Signed:
Note—
This certificate must be signed by the accountant personally and cannot be signed by the vendor even if he or she is a qualified accountant.
†Part E—Certificate with respect to prescribed inquiries by registered agent
(section 9)
To the purchaser:
I,
certify *that the responses/that, subject to the exceptions stated below, the responses to the inquiries made pursuant to section 9 of the Land and Business (Sale and Conveyancing) Act 1994 confirm the completeness and accuracy of the particulars set out in Schedule 2.
Exceptions:
Date:
Signed:
*Vendor's/Purchaser's agent
*Person authorised to act on behalf of *Vendor's/Purchaser's agent
Schedule 1—Division 1—Prescribed particulars relating to business
(section 8(1)(b))
Note—
Financial year means the year in respect of which the accounts of the business are made up. If by reason of any alteration of the date on which the financial year of the business terminates, the accounts have been made up for a period greater or less than 1 year, that period may be regarded as a financial year.
If the vendor has carried on the business for less than 3 financial years, this statement must be completed for the period commencing on the day that the vendor commenced to carry on the business and ending immediately prior to the first day of the following financial year, and thereafter for each successive financial year.
If the vendor has carried on the business for a period in which the financial year does not terminate, this statement applies to the period from the day on which the vendor commenced to carry on the business to the date specified in this Schedule.
1—Summary
Name of vendor:
Location of business:
Date vendor commenced in the business:

Financial Year or Period	Average Weekly Sales
$	Gross Income Per Annum/Week
$	Overhead Costs Per Annum/Week
$	Net Profit Per Annum/Week
$	Normal Daily Trading Hours
From:
To:	
Commencing on:
Ending on:					S
M
T
W
T
F
S	
Commencing on:
Ending on:					S
M
T
W
T
F
S	
Commencing on:
Ending on:					S
M
T
W
T
F
S	
2—Plant and equipment
Depreciated value of plant and equipment as at the end of the last financial year: $
Note—
A depreciation Schedule must be attached.
3—Trading statement for last 3 financial years

	Period
From:
To:	Period
From:
To:	Period
From:
To:	
Gross takings (sales)
Less:
cost of goods sold
opening stock
plus purchases
less closing stock				
Profit from sales	$	$	$	
Profit from sales as a percentage of gross takings	%	%	%	
Add
other income received:
fees
commissions
other [specify]				
GROSS INCOME	$	$	$	
Less:
Advertising
Accounting fees
Bad debts
ADI charges (excluding interest)
Cleaning and laundry
Depreciation
Directors' fees
Equipment hire
Insurance
Leasing or rental purchase of:
	•	equipment/plant
	•	motor vehicles
Licences, trade subscriptions
Light and power
Motor vehicles expenses
Rates and taxes
Rent
Repairs and maintenance
Stamps (for resale)
Stationery and postage
Superannuation employer contributions:
	•	award/productivity superannuation
	•	Commonwealth superannuation guarantee charge/levy
	•	employer superannuation scheme
Telephone
Training expenses (other than by way of wages or salary paid to employee)
Wages and salaries
WorkCover premium
Wrappings
Sundries
Other expenses [specify]				
Trading Profit	$	$	$	
Add:
Personal expenses of owner (ie drawings) where included above
Goods taken for own use
Private expenses/cash
(Proprietor's) wages				
NET PROFIT	$	$	$	
Net profit before income tax as a percentage of gross income 	%	%	%	
Schedule 1—Division 2—Further prescribed particulars relating to business
(section 8(1)(b))
1	(1)	The vendor has carried on the business for a period of                    *years/months commencing on:
	(2)	The vendor has carried on the business at the present location for                     *years/months.
	(3)	The name of the registered proprietor of the fee simple of the location at which the business is presently carried on is:
†The name of the person who granted to the vendor the lease or licence to occupy that location is:
Note—
If the purchaser is not acquiring the fee simple of the location at which the business is presently carried on, it is necessary for the purchaser to ensure that he or she has a right to occupy the location.
2	(1)	The vendor's *lease/tenancy agreement/licence is *verbal/in writing but not registered on the certificate of title/registered on the certificate of title.
	(2)	The particulars of the vendor's *lease/tenancy agreement/licence are as follows:
	(a)	date of current *lease/tenancy agreement/licence:
	(b)	term of current *lease/tenancy agreement/licence:
	(c)	date of expiry of current *lease/tenancy agreement/licence:
	(d)	rates and taxes payable by *landlord/licensor:
	(e)	rates and taxes payable by *tenant/licensee:
	(f)	right of renewal for the following period:
	(g)	present rent: $                    per
	(h)	due date for next adjustment of rent:
	(i)	rent adjustment provisions for the term of the *lease/tenancy agreement/licence:
	(3)	Have any written notices been given by the landlord or licensor to the vendor pursuant to the terms of the *lease/tenancy agreement/licence that have not been complied with? *YES/NO
If YES, give details:
	(4)	Is the vendor aware of any written notice served on the landlord or licensor, or any circumstance, that may prospectively have a significant adverse effect on the business? *YES/NO
If YES, give details:
3	(1)	The following goods (including plant, equipment, fixtures, fittings and stock in trade) in which any person has a present or contingent interest (whether by virtue of a mortgage, charge, lease or otherwise) are included in the sale:

Description of goods	Nature of interest and date of grant or creation	Name and address of person entitled to that interest	
	(2)	The following goods may have been used by the vendor or may have been included in the vendor's books of account (including depreciation Schedules) but are to be retained by the vendor and not sold to the purchaser of the business:
4	Has any order been given under section 46 of the Food Act 2001 prohibiting the use of unclean, insanitary or unfit equipment for the manufacture, processing, transportation, preservation, display or other handling of food for sale? *YES/NO
If YES, specify—
Date order given:
Name of authority or person giving the order:
Requirements of the order:
5	(1)	Is there a workplace within the meaning of the Work Health and Safety Act 2012 used in the business? *YES/NO
	(2)	If YES, is there an asbestos register for the workplace? *YES/NO
	(3)	If YES, does that register record any asbestos or asbestos containing material at the workplace (or likely to be present at the workplace from time to time) and specify the location, type and condition of that asbestos or asbestos containing material? *YES/NO
	(4)	If YES—
	(a)	give details of the location, type and condition of the asbestos or asbestos containing material:
	(b)	has a plan been prepared for the management of asbestos at the workplace? *YES/NO
If YES, give details:
	(c)	is any asbestos or asbestos containing material to be removed before settlement? *YES/NO
If YES, give details:
	(5)	In this clause—
asbestos and asbestos containing material have the same meaning as in the Work Health and Safety Regulations 2012.
Note—
1	A register is not required to be prepared for a workplace—
	(a)	if a register has already been prepared for the workplace; or
	(b)	if—
	(i)	the workplace is a building that was constructed after 31 December 2003; and
	(ii)	no asbestos has been identified at the workplace; and
	(iii)	no asbestos is likely to be present at the workplace from time to time.
See regulation 425 of the Work Health and Safety Regulations 2012.
2	A person with management or control of a workplace who plans to relinquish management or control must ensure (so far as is reasonably practicable) that the asbestos register is given to the person assuming management or control of the workplace.
See regulation 428 of the Work Health and Safety Regulations 2012.
6	During the period between the end of the most recent financial year or period covered in the summary of Division 1 of Schedule 1 and the date appearing in Part C of this statement—
	(a)	the business *was/was not satisfactorily maintained
	(b)	no circumstances adversely affecting the business arose except the following:
	(c)	the average weekly sales have been: $
	(d)	the daily hours of trading have been:
7	During the period referred to in item 6, have any circumstances arisen or have any trading practices been adopted (including any substantial discounting of goods or services) that have affected—
	(a)	the gross profit of the business in dollar terms? *YES/NO
	(b)	the gross profit of the business in percentage terms? *YES/NO
If the answer to either question is YES, give full particulars:
†8	(1)	The asking price of the business (excluding stock and freehold interest in land (if any) being sold) is:
	(2)	The estimated value of stock to be acquired with the business is:
	(3)	The asking price for the business (including estimated value of stock but excluding price for land sold) is:
(† Strike out or omit this item if the sale is by auction)
9	(1)	Does the business operate as a *company/sole trader/partnership/association, charitable or other organisation?
	(2)	Does the vendor work in the business? *YES/NO
	(3)	Does any other person work in the business? *YES/NO
	(4)	If the business operates as a partnership, are all of the other persons who work in the business partners in the business? *YES/NO
	(5)	Has the vendor ever been registered with WorkCover Corporation as an employer? *YES/NO
If YES, is the vendor currently so registered? *YES/NO
Note—
To the purchaser:
You must register with WorkCover Corporation as an employer within 14 days of commencing to employ workers if the amount payable to your workers in a financial year (being a financial year for the purposes of regulation 9 of the Workers Rehabilitation and Compensation Regulations 2010) exceeds $10 870 (indexed from 2009) in total, otherwise significant penalties may be imposed.
You should determine whether the vendor has any workers suffering a work disability (particularly where their employment has been or is about to be terminated) as you may be required to take on the vendor's obligations under the Workers Rehabilitation and Compensation Act 1986. (This information may be provided to you by the vendor subject to the confidentiality provisions applicable to employers under section 112AA of that Act). The premium payable by you (compared to that currently paid by the vendor) may be affected by your willingness to retain, employ or re‑employ disabled workers with compensable injuries.
10	The following persons (including the vendor and members of the vendor's family whether or not remunerated) are engaged in the business in the following full‑time and part‑time positions on the days, for the hours and at the rates of pay set out below:

1Position / functions (if any)	Relationship to vendor	Days per week	Hours per ....	Rate of pay	
				$          per                    	
1If a person works in the business more than 20 hours per week, also provide the employee's name in the first column.					
Where the days or hours worked, or the rate of pay, or both, cannot be described as required above, provide alternative details:
11	Is there any current entitlement in excess of 3 working days in respect of any employee to—
	(a)	Long service leave *YES/NO
	(b)	Annual recreation leave *YES/NO
	(c)	Sick leave *YES/NO
	(d)	Other leave *YES/NO
If YES, specify type of leave:
12	The vendor's income tax return was lodged by—
Name:
Address:
Occupation:
The year of the last return being:
†Schedule 2—Division 1—Particulars of mortgages, charges and prescribed encumbrances affecting the land
(section 7(1)(b))
Note—
Section 7(3) of the Act provides that this statement need not include reference to charges arising from the imposition of rates or taxes less than 12 months before the date of service of the statement.
All the particulars required by column 3 of the table below in relation to a mortgage, charge or prescribed encumbrance referred to in column 1 must be set out in column 3 unless—
	(a)	a copy of a document is attached to this statement and—
	(i)	all the required particulars are contained in that document; and
	(ii)	those parts of the document that contain the required particulars are identified in column 3; or
	(b)	the mortgage, charge or prescribed encumbrance—
	(i)	is one of the following items in the table:
	(A)	under the heading "General"—
	•	Lease, agreement for lease, tenancy agreement or licence
	•	Mortgage of land;
	(B)	under the heading "Other"—
	•	Caveat
	•	Lien or notice of a lien
	•	Charge of any kind affecting the land (not included in another item); and
	(ii)	is registered on the certificate of title to the land; and
	(iii)	is to be discharged or satisfied prior to or at settlement.

Table of particulars
Column 1
Prescribed encumbrance	Column 2
Is the encumbrance to be discharged or satisfied prior to or at settlement?	Column 3
Other particulars required	
Part 1—Items that must be included in statement			
[If an item is not applicable strike it out or write "NOT APPLICABLE" or "N/A" in column 1.]			
General			
Easement
(whether over the land or annexed to the land)
Note—"Easement" includes rights of way and party wall rights.	*YES/NO	Description of land subject to easement:
Nature of easement:
Are you aware of any encroachment on the easement? *YES/NO
(If YES, give details):
If there is an encroachment, has approval for the encroachment been given? *YES/NO
(If YES, give details):
[attach additional page(s) if more than 1 easement]	
Lease, agreement for lease, tenancy agreement or licence
(The information does not include information about any sublease or subtenancy. That information may be sought by the purchaser from the lessee or tenant or sublessee or subtenant.)	*YES/NO	Names of parties:
Period of lease, agreement for lease etc:
From           to 
Amount of rent or licence fee: $          per          (period)
Is the lease, agreement for lease etc in writing? *YES/NO
If the lease or licence was granted under an Act relating to the disposal of Crown lands, specify—
	(a)	the Act under which the lease or licence was granted:
	(b)	the outstanding amounts due (including any interest or penalty): 	
Mortgage of land	*YES/NO	Number of mortgage (if registered):
Name of mortgagee:	
Restrictive covenant	*YES/NO	Nature of restrictive covenant:
Name of person in whose favour restrictive covenant operates:
Does the restrictive covenant affect the whole of the land being acquired? *YES/NO
(If NO, give details):
Does the restrictive covenant affect land other than that being acquired? *YES/NO	
Development Act 1993			
Part 3—Development Plan	*YES/NO	Title or other brief description of zone or policy area in which the land is situated (as shown in the Development Plan):
Is the land situated in a designated State Heritage Area? *YES/NO
Is the land designated as a place of local heritage value? *YES/NO
Is there a current Development Plan Amendment released for public consultation by a council on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? *YES/NO
If YES, state the name of the council:
Is there a current Development Plan Amendment released for public consultation by the Minister on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? *YES/NO	
section 42—Condition (that continues to apply) of a development authorisation	*YES/NO	Date of authorisation:
Name of relevant authority that granted authorisation:
Condition(s) of authorisation:	
Repealed Act conditions			
Condition (that continues to apply) of an approval or authorisation granted under the Building Act 1971 (repealed), the City of Adelaide Development Control Act 1976 (repealed), the Planning Act 1982 (repealed) or the Planning and Development Act 1966 (repealed)	*YES/NO	Nature of condition(s):	
Part 2—Items to be included if land affected			
[If an item is not applicable, strike it out or write "NOT APPLICABLE" or "N/A" in column 1, or else omit the items and headings that are not applicable.]			
Aboriginal Heritage Act 1988			
section 9—Registration in central archives of an Aboriginal site or object	*YES/NO	Particulars of register entry:	
section 24—Directions prohibiting or restricting access to, or activities on, a site or an area surrounding a site	*YES/NO	Date of notice:
Site or area to which notice relates:
Directions (as stated in notice):	
Part 3 Division 6—Aboriginal heritage agreement	*YES/NO	Date of agreement:
Description of property subject to agreement:
Names of parties:
Terms of agreement:	
Crown Rates and Taxes Recovery Act 1945			
section 5—Notice requiring payment	*YES/NO	Date of notice:
Land in respect of which Crown rates and taxes are owing:
Amount owing (as stated in the notice): 	
Development Act 1993			
section 50(1)—Requirement to vest land in a council or the Crown to be held as open space	*YES/NO	Date requirement given:
Name of body giving requirement:
Nature of requirement:
Contribution payable (if any):	
section 50(2)—Agreement to vest land in a council or the Crown to be held as open space	*YES/NO	Date of agreement:
Names of parties:
Terms of agreement:
Contribution payable (if any):	
section 55—Order to remove or perform work	*YES/NO	Date of order:
Terms of order:
Building work (if any) required to be carried out:
Amount payable (if any):	
section 56—Notice to complete development	*YES/NO	Date of notice:
Requirements of notice:
Building work (if any) required to be carried out:
Amount payable (if any):	
section 57—Land management agreement	*YES/NO	Date of agreement:
Names of parties:
Terms of agreement:	
section 60—Notice of intention by building owner	*YES/NO	Date of notice:
Building work proposed (as stated in the notice):
Other building work as required pursuant to the Act:	
section 69—Emergency order	*YES/NO	Date of order:
Name of authorised officer who made order:
Name of authority that appointed the authorised officer:
Nature of order:
Amount payable (if any):	
section 71—Fire safety notice	*YES/NO	Date of notice:
Name of authority giving notice:
Requirements of notice:
Building work (if any) required to be carried out:
Amount payable (if any):	
section 84—Enforcement notice	*YES/NO	Date notice given:
Name of relevant authority giving notice:
Nature of directions contained in notice:
Building work (if any) required to be carried out:
Amount payable (if any):	
section 85(6), 85(10) or 106—Enforcement order	*YES/NO	Date order made:
Name of court that made order:
Action number:
Names of parties:
Terms of order:
Building work (if any) required to be carried out:	
Part 11 Division 2—Proceedings	*YES/NO	Date of commencement of proceedings:
Date of determination or order (if any):
Terms of determination or order (if any):	
Emergency Services Funding Act 1998			
section 16—Notice to pay levy	*YES/NO	Date of notice:
Amount of levy payable:	
Environment Protection Act 1993			
section 59—Environment performance agreement that is registered in relation to the land	*YES/NO	Date of agreement:	
section 93—Environment protection order that is registered in relation to the land	*YES/NO	Date of issue:
Compliance date(s) specified in the order:	
section 93A—Environment protection order relating to cessation of activity that is registered in relation to the land	*YES/NO	Date of issue:
Compliance date(s) specified in the order:	
section 99—Clean‑up order that is registered in relation to the land	*YES/NO	Date of issue:
Compliance date(s) specified in the order:
Amount of charge on the land (if applicable and known): 	
section 100—Clean‑up authorisation that is registered in relation to the land	*YES/NO	Date of issue:
Amount of charge on the land (if known): 	
section 103H—Site contamination assessment order that is registered in relation to the land	*YES/NO	Date of issue:
Compliance date(s) specified in the order:
Amount of charge on the land (if applicable and known):	
section 103J—Site remediation order that is registered in relation to the land	*YES/NO	Date of issue:
Compliance date(s) specified in the order:
Amount of charge on the land (if applicable and known):	
section 103N—Notice of declaration of special management area in relation to the land (due to possible existence of site contamination)	*YES/NO	Date of notice:
Date of Gazette in which notice published:
Description of area or areas to which the notice relates:	
section 103P—Notation of site contamination audit report in relation to the land	*YES/NO	Date of notation:
Note—
Site contamination audit reports are kept by the EPA in the public register under section 109 of the Environment Protection Act 1993.	
section 103S—Notice of prohibition or restriction on taking water affected by site contamination in relation to the land	*YES/NO	Date of notice:
Date of Gazette in which notice published:
Description of the water to which the notice relates:
Particulars given in the notice of the site contamination affecting the water:	
Fences Act 1975			
section 5—Notice of intention to perform fencing work	*YES/NO	Date of notice:
Name and address of person to whom notice was given or from whom notice was received:
Particulars of relevant boundary:
Kind of fence proposed to be constructed or nature of work proposed to be done to existing fence:
Cost or estimated cost of fence or work (as stated in the notice):
Amount sought by proponent from adjoining owner (as stated in the notice):
If there is a cross‑notice under section 6, give details of—
	(a)	the proposals objected to:
	(b)	the counter‑proposals:	
Fire and Emergency Services Act 2005			
section 105F (or section 56 or 83 (repealed))—Notice to take action to prevent outbreak or spread of fire	*YES/NO	Date of notice:
Person or body who issued notice:
Requirements of notice (as stated therein):
Amount payable (if any):	
Food Act 2001			
section 44—Improvement notice	*YES/NO	Date of notice:
Name of authorised officer who served notice:
Name of authority that appointed officer:
Requirements of notice:	
section 46—Prohibition order	*YES/NO	Date of order:
Name of authority or person who served order:
Requirements of order:	
Fruit and Plant Protection Act 1992 (repealed)			
section 14 or 15—Notice or order concerning disease	*YES/NO	Date of notice or order:
Date of Gazette in which notice published (if applicable):
Nature of requirement, restriction or prohibition:	
Ground Water (Qualco-Sunlands) Control Act 2000			
Part 6—Risk management allocation	*YES/NO	Is a waterlogging and salinity risk management allocation attached to the whole or any part of the land? *YES/NO
If YES, give details of the allocation and the land to which it is attached:	
section 56—Notice to pay share of Trust costs, or for unauthorised use of water, in respect of irrigated property	*YES/NO	Date of notice:
Amount payable (as stated in notice):	
Heritage Places Act 1993			
section 14(2)(b)—Registration of an object of heritage significance	*YES/NO	Date of registration:
Description and location of object registered:	
section 17 or 18—Provisional registration or registration	*YES/NO	Description of place registered:
Has the place been designated as a place of geological, palaeontological or speleological significance or archaeological significance? *YES/NO
If YES, give details:	
section 30—Stop order	*YES/NO	Date of order:
Terms of order:	
Part 6—Heritage agreement	*YES/NO	Date of agreement:
Description of property subject to agreement:
Names of parties:
Terms of agreement:	
section 38—"No development" order	*YES/NO	Date of order:
Terms of order:	
Highways Act 1926			
Part 2A—Establishment of control of access from any road abutting the land	*YES/NO	Date of establishment of control of access:
Description of boundary of land affected:	
Housing Improvement Act 1940			
section 23—Declaration that house is undesirable or unfit for human habitation	*YES/NO	Date of declaration:
Those particulars required to be provided by a council under section 23:	
Part 7 (rent control for substandard houses)—Notice or declaration	*YES/NO	Date of notice or declaration:
Those particulars required to be provided by the housing authority under section 60:	
Land Acquisition Act 1969			
section 10—Notice of intention to acquire	*YES/NO	Date of notice:
Name of Authority who served notice:
Description of land intended to be acquired (as described in the notice):	
Land Tax Act 1936			
Notice, order or demand for payment of land tax	*YES/NO	Date of notice, order or demand:
Amount payable (as stated in the notice): 	
Local Government Act 1934			
Notice, order, declaration, charge, claim or demand given or made under the Act	*YES/NO	Date of notice, order etc:
Name of council by which, or person by whom, notice, order etc is given or made:
Land subject thereto:
Nature of requirements contained in notice, order etc:
Time for carrying out requirements:
Amount payable (if any):	
Local Government Act 1999			
Notice, order, declaration, charge, claim or demand given or made under the Act	*YES/NO	Date of notice, order etc:
Name of council by which, or person by whom, notice, order etc is given or made:
Land subject thereto:
Nature of requirements contained in notice, order etc:
Time for carrying out requirements:
Amount payable (if any):	
Metropolitan Adelaide Road Widening Plan Act 1972			
section 6—Restriction on building work	*YES/NO	Does the restriction apply to all of the land? *YES/NO
(If NO, give details about the part of the land to which the restriction applies):	
Mining Act 1971			
Mining tenement (other than an exploration licence)	*YES/NO	Type of tenement:
Terms of tenement:
Condition(s) (if any) the tenement is subject to:	
section 9AA—Agreement or order to waive exemption from mining operations	*YES/NO	Date of agreement or order:	
		Description of land subject to agreement or order:	
		Names of parties:	
		Period of waiver:	
		Terms (and conditions if any) of agreement or order:	
section 58(a) or 59(8)(b)—Agreement authorising mining operator to enter land or use declared equipment on land	*YES/NO	Date of agreement:	
		Description of property subject to agreement:	
		Names of parties:	
		Terms of agreement:	
section 61—Agreement or order to pay compensation for mining operations	*YES/NO	Date of agreement or order:	
		Description of property subject to agreement or order:	
		Names of parties:	
		Terms of agreement or order:	
Proclamation with respect to a private mine	*YES/NO	Date of proclamation:	
Native Vegetation Act 1991			
Part 4 Division 1—Heritage agreement	*YES/NO	Date of agreement:
Description of property subject to agreement:
Names of parties:
Terms of agreement:	
Part 5 Division 1—Refusal to grant consent, or condition of a consent, to clear native vegetation	*YES/NO	Date of refusal or grant of consent:
If consent given, condition(s) (if any) of the consent:	
Natural Resources Management Act 2004			
section 97—Notice to pay levy in respect of costs of regional NRM board	*YES/NO	Date of notice:
Amount of levy payable:	
section 105—Notice to pay levy in respect of right to take water or taking of water	*YES/NO	Date of notice:
Amount of levy payable:	
section 115—Notice declaring a penalty	*YES/NO	Date of notice:
Amount of penalty payable:	
section 123—Notice to prepare an action plan for compliance with general statutory duty	*YES/NO	Date of notice:
Name of authority or person that issued notice:
Requirements of notice (as specified therein):	
section 130—Notice to rectify effects of unauthorised activity	*YES/NO	Date of notice:
Name of relevant authority that issued notice:
Requirements of notice (as specified therein):	
section 131—Notice to maintain watercourse or lake in good condition	*YES/NO	Date of notice:
Name of relevant authority that issued notice:
Requirements of notice (as specified therein):	
section 132—Notice restricting the taking of water or directing action in relation to the taking of water	*YES/NO	Date of notice:
Water resource to which notice applies:
Requirements of notice (as specified therein):	
section 134—Notice to remove or modify a dam, embankment, wall or other obstruction or object	*YES/NO	Date of notice:
Requirements of notice (as specified therein):	
section 135—Condition (that remains in force) of a permit	*YES/NO	Date of permit:
Name of relevant authority that granted permit:
Condition(s) of permit:	
section 145—Notice to take remedial or other action in relation to a well	*YES/NO	Date of notice:
Location of well:
Requirements of notice (as specified therein):	
section 181—Notice of instruction as to keeping or management of animal or plant	*YES/NO	Date of notice:
Name of authorised officer who issued notice:
Requirements of notice (as specified therein):	
section 183—Notice to prepare an action plan for the destruction or control of animals or plants	*YES/NO	Date of notice:
Name of authorised officer who issued notice:
Requirements of notice (as specified therein):	
section 185—Notice to pay costs of destruction or control of animals or plants on road reserve	*YES/NO	Date of notice:
Name of authority that issued notice:
Amount payable (as specified in notice):	
section 187—Notice requiring control or quarantine of animal or plant	*YES/NO	Date of notice:
Requirements of notice (as specified therein):	
section 193—Protection order to secure compliance with specified provisions of the Act	*YES/NO	Date of order:
Name of authority or person who issued order:
Requirements of order (as specified therein):	
section 195—Reparation order requiring specified action or payment to make good damage resulting from contravention of the Act	*YES/NO	Date of order:
Name of authority or person who issued order:
Requirements of order (as specified therein):	
section 197—Reparation authorisation authorising specified action to make good damage resulting from contravention of the Act	*YES/NO	Date of authorisation:
Name of relevant authority that issued authorisation:
Person authorised to take action:
Requirements of authorisation (as specified therein):	
Phylloxera and Grape Industry Act 1995			
section 23(1)—Notice of contribution payable	*YES/NO	Date of notice:
Name of person or body giving notice:
Terms of notice:
Amount payable (as stated in notice):	
Plant Health Act 2009			
section 8 or 9—Notice or order concerning pests	*YES/NO	Date of notice or order:	
		Date of Gazette in which notice published (if applicable):	
		Nature of requirement, restriction or prohibition:	
Public and Environmental Health Act 1987 (repealed)			
Part 3—Notice	*YES/NO	Date of notice:
Name of council or other authority giving notice:
Requirements of notice:	
Public and Environmental Health (Waste Control) Regulations 2010 (or 1995) (revoked) Part 2—Condition (that continues to apply) of an approval	*YES/NO	Date of approval:
Name of relevant authority that granted the approval:
Condition(s) of approval:	
Public and Environmental Health (Waste Control) Regulations 2010 (revoked) regulation 19—Maintenance order (that has not been complied with)	*YES/NO	Date of order:
Name of relevant authority giving order:
Requirements of order:	
Sewerage Act 1929 (repealed)			
Notice, order or demand for payment of sewerage rates, other amounts payable or other requirements made under the Act	*YES/NO	Date of notice, order or demand:
Amount payable (as stated in the notice):
Nature of requirement made:	
South Australian Public Health Act 2011			
section 66—Direction or requirement to avert spread of disease	*YES/NO	Date of direction or requirement:	
		Name of authority giving direction or making requirement:	
		Nature of direction or requirement:	
section 92—Notice	*YES/NO	Date of notice:	
		Name of council or other relevant authority giving notice:	
		Requirements of notice:	
South Australian Public Health (Wastewater) Regulations 2013 Part 4—Condition (that continues to apply) of an approval	*YES/NO	Date of approval:	
		Name of person or body that granted the approval:	
		Condition(s) of approval:	
Upper South East Dryland Salinity and Flood Management Act 2002 (expired)			
section 23—Notice of contribution payable	*YES/NO	Date of notice:
Terms of notice:
Amount payable:	
Water Industry Act 2012			
Notice or order under the Act requiring payment of charges or other amounts or making other requirement	*YES/NO	Date of notice or order:	
		Name of person or body who served notice or order:	
		Amount payable (if any) as specified in the notice or order:	
		Nature of other requirement made (if any) as specified in the notice or order:	
Water Resources Act 1997			
section 18 (repealed)—Condition (that remains in force) of a permit	*YES/NO	Date of permit:
Name of relevant authority that granted permit:
Condition(s) of permit:	
section 125 (or a corresponding previous enactment)—Notice to pay levy	*YES/NO	Date of notice:
Amount of levy payable:	
Waterworks Act 1932 (repealed)			
Notice, order or demand for payment of water rates, other amounts payable or other requirements made under the Act	*YES/NO	Date of notice, order or demand:
Amount payable (as stated in the notice):
Nature of requirement made:	
Other			
Caveat	*YES/NO	Name and address of caveator:
Particulars of interest claimed:	
Lien or notice of a lien	*YES/NO	Land or other property subject to lien:
Nature of lien:
Name and address of person who has imposed lien or given notice of it:	
Charge of any kind affecting the land (not included in another item)	*YES/NO	Person or body in whose favour charge exists:
Nature of charge:
Amount of charge (if known):	
†Schedule 2—Division 2—Other particulars
(section 7(1)(b) and section 8(1)(b))
†Particulars of transactions in last 12 months
If the vendor, within 12 months before the date of the contract of sale—
	(a)	obtained title to the land; or
	(b)	obtained an option to purchase the land; or
	(c)	entered into a contract to purchase the land (whether on the vendor's own behalf or on behalf of another),
the vendor must provide the following particulars of all transactions relating to the acquisition of the interest that occurred within that 12 month period:
1	The name and address of each party to the transaction and of each person in whom an interest vested as a result of the transaction:
2	The date and nature of each instrument registered on the certificate of title or, if no such instrument has been registered, the date and nature of each document forming the whole or part of a contract relating to the transaction:
3	Particulars of the consideration provided for the purposes of the transaction:
The above particulars must be provided for each transaction.
†Particulars relating to community lot (including strata lot) or development lot
1	Name of community corporation:
Address of community corporation:
2	Application must be made in writing to the community corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the community corporation for the documents referred to in 6 unless those documents are obtained from the Lands Titles Registration Office.
3	Particulars supplied by the community corporation or known to the vendor:
	(a)	particulars of contributions payable in relation to the lot (including details of arrears of contributions related to the lot):
	(b)	particulars of assets and liabilities of the community corporation:
	(c)	particulars of expenditure that the community corporation has incurred, or has resolved to incur, and to which the owner of the lot must contribute, or is likely to be required to contribute:
	(d)	if the lot is a development lot, particulars of the scheme description relating to the development lot and particulars of the obligations of the owner of the development lot under the development contract:
	(e)	if the lot is a community lot, particulars of the lot entitlement of the lot:
[State "not known" next to any particulars not supplied by the community corporation by the date of this statement and not known to the vendor.]
4	Documents supplied by the community corporation that are enclosed:
	(a)	a copy of the minutes of the general meetings of the community corporation and management committee *for the 2 years preceding this statement/since the deposit of the community plan;
(*Strike out whichever is the greater period)
	(b)	a copy of the statement of accounts of the community corporation last prepared;
	(c)	a copy of current policies of insurance taken out by the community corporation.
[State "not supplied" next to any document not supplied by the community corporation by the date of this statement.]
5	If "not known" or "not supplied" has been specified for an item in 3 or 4, set out the date of the application made to the community corporation and give details of any other steps taken to obtain the particulars or documents concerned:
6	The following documents are enclosed:
	†(a)	a copy of the scheme description (if any) and the development contract (if any);
	(b)	a copy of the by‑laws of the community scheme.
†7	The following additional particulars are known to the vendor or have been supplied by the community corporation:
8	Further inquiries may be made to the secretary of the community corporation or the appointed community scheme manager.
Name:
Address:
Note—
1	A community corporation must (on application by or on behalf of a current or prospective owner or other relevant person) provide the particulars and documents referred to in 3(a)—(c) and 4 and must also make available for inspection any information required to establish the current financial position of the corporation, a copy of any contract with a body corporate manager and the register of owners and lot entitlements that the corporation maintains: see sections 139 and 140 of the Community Titles Act 1996.
2	Copies of the scheme description, the development contract or the by‑laws of the community scheme may be obtained from the community corporation or from the Lands Titles Registration Office.
3	All owners of a community lot are bound by the by‑laws of the community scheme. The by‑laws regulate the rights and liabilities of owners of lots in relation to their lots and the common property and matters of common concern.
4	For a brief description of some of the matters that need to be considered before purchasing a community lot, see Division 3 of this Schedule.
†Particulars relating to strata unit
1	Name of strata corporation:
Address of strata corporation:
2	Application must be made in writing to the strata corporation for the particulars and documents referred to in 3 and 4. Application must also be made in writing to the strata corporation for the articles referred to in 6 unless the articles are obtained from the Lands Titles Registration Office.
3	Particulars supplied by the strata corporation or known to the vendor:
	(a)	particulars of contributions payable in relation to the unit (including details of arrears of contributions related to the unit):
	(b)	particulars of the assets and liabilities of the strata corporation:
	(c)	particulars of expenditure that the strata corporation has incurred, or has resolved to incur, and to which the unit holder of the unit must contribute, or is likely to be required to contribute:
	(d)	particulars of the unit entitlement of the unit:
[State "not known" next to any particulars not supplied by the strata corporation by the date of this statement and not known to the vendor.]
4	Documents supplied by the strata corporation that are enclosed:
	(a)	a copy of the minutes of the general meetings of the strata corporation and management committee *for the 2 years preceding this statement/since the deposit of the strata plan;
(*Strike out whichever is the greater period)
	(b)	a copy of the statement of accounts of the strata corporation last prepared;
	(c)	a copy of current policies of insurance taken out by the strata corporation.
[State "not supplied" next to any document not supplied by the strata corporation by the date of this statement.]
5	If "not known" or "not supplied" has been specified for an item in 3 or 4, set out the date of the application made to the strata corporation and give details of any other steps taken to obtain the particulars or documents concerned:
6	A copy of the articles of the strata corporation is enclosed.
†7	The following additional particulars are known to the vendor or have been supplied by the strata corporation:
8	Further inquiries may be made to the secretary of the strata corporation or the appointed strata manager.
Name:
Address:
Note—
1	A strata corporation must (on application by or on behalf of a current owner, prospective purchaser or other relevant person) provide the particulars and documents referred to in 3(a)—(c), 4 and 6 and must also make available for inspection its accountancy records and minute books, any contract with a body corporate manager, the register of unit holders and unit holder entitlements that it maintains, and any documents in its possession relating to the design and construction of the buildings or improvements on the site or relating to the strata scheme.
2	Copies of the articles of the strata corporation may also be obtained from the Lands Titles Registration Office.
3	All owners of a strata unit are bound by the articles of the strata corporation. The articles regulate the rights and liabilities of owners of units in relation to their units and the common property and matters of common concern.
4	For a brief description of some of the matters that need to be considered before purchasing a strata unit, see Division 3 of this Schedule.
†Particulars of building indemnity insurance
Note—
Building indemnity insurance is not required for—
	(a)	domestic building work for which approval under the Development Act 1993 or the repealed Building Act 1971 is or was not required; or
	(b)	minor domestic building work (see section 3 of the Building Work Contractors Act 1995); or
	(c)	domestic building work commenced before 1 May 1987; or
	(d)	building work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 applies under the Building Work Contractors Regulations 2011; or
	(e)	building work in respect of which an exemption from the application of Division 3 of Part 5 of the Building Work Contractors Act 1995 has been granted under section 45 of that Act.

Details of building indemnity insurance still in existence for building work on the land:		

1	Name(s) of person(s) insured:		
2	Name of insurer:		
3	Limitations on the liability of the insurer:		
4	Name of builder:		
5	Builder's licence number:		
6	Date of issue of insurance:		
7	Description of insured building work:		
Exemption from holding insurance:
If particulars of insurance are not given, has an exemption been granted under section 45 of the Building Work Contractors Act 1995 from the requirement to hold an insurance policy in accordance with Division 3 of Part 5 of that Act? *YES/NO
If YES, give details:
	(a)	Date of the exemption:
	(b)	Name of builder granted the exemption:
	(c)	Licence number of builder granted the exemption:
	(d)	Details of building work to which the exemption applies: 
	(e)	Details of conditions (if any) to which the exemption is subject: 
†Particulars relating to asbestos at workplaces
1	In these particulars—
asbestos and asbestos containing material have the same meaning as in the Work Health and Safety Regulations 2012;
workplace has the same meaning as in the Work Health and Safety Act 2012.
2	Is there a workplace on the land? *YES/NO
3	If YES, is there an asbestos register for the workplace? *YES/NO
4	If YES, does that register record any asbestos or asbestos containing material at the workplace (or likely to be present at the workplace from time to time) and specify the location, type and condition of that asbestos or asbestos containing material? *YES/NO
5	If YES—
	(a)	give details of the location, type and condition of the asbestos or asbestos containing material:
	(b)	has a plan been prepared for the management of asbestos at the workplace? *YES/NO
If YES, give details:
	(c)	is any asbestos or asbestos containing material to be removed before settlement? *YES/NO
If YES, give details:
Note—
	1.	A register is not required to be prepared for a workplace—
	(a)	if a register has already been prepared for the workplace; or
	(b)	if—
	(i)	the workplace is a building that was constructed after 31 December 2003; and
	(ii)	no asbestos has been identified at the workplace; and
	(iii)	no asbestos is likely to be present at the workplace from time to time.
See regulation 425 of the Work Health and Safety Regulations 2012.
	2.	A person with management or control of a workplace who plans to relinquish management or control must ensure (so far as is reasonably practicable) that the asbestos register is given to the person assuming management or control of the workplace.
See regulation 428 of the Work Health and Safety Regulations 2012.
†Particulars relating to court or tribunal process
If process has issued out of any court or tribunal in relation to a claim—
	(a)	that is stated to affect the land or the value of which is $5 000 or more; and
	(b)	that presently affects (or may prospectively affect) title to, or the possession or enjoyment of, the land,
the vendor must provide the following particulars:
	1	Name of court or tribunal:
	2	Names of parties:
	3	Nature of claim:
	4	Amount of claim (if applicable):
	5	Amount of judgment (if applicable):
	6	Name of judgment creditor (if applicable):
†Particulars relating to land irrigated or drained under Irrigation Acts
†1—Land irrigated or drained under Irrigation Act 2009
If the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by an irrigation trust under the Irrigation Act 2009—
	(a)	has the trust given notice under section 40 of that Act in respect of the land? *YES/NO
If YES, specify—
	(i)	the date on which notice was given:
	(ii)	the requirements of the notice:
	(iii)	the amount (if any) payable under section 40(7) of the Act:
	(b)	has the trust given notice under section 50 of that Act? *YES/NO
If YES, specify—
	(i)	the date on which notice was given:
	(ii)	the amount payable (including interest, if any):
†2—Land irrigated or drained under Renmark Irrigation Trust Act 2009
If the land is land in respect of which water is supplied or delivered, or is drained, through an irrigation or drainage system provided by the Renmark Irrigation Trust under the Renmark Irrigation Trust Act 2009—
	(a)	has the Trust given notice under section 41 of that Act in respect of the land? *YES/NO
If YES, specify—
	(i)	the date on which notice was given:
	(ii)	the requirements of the notice:
	(iii)	the amount (if any) payable under section 41(7) of the Act:
	(b)	has the Trust given notice under section 52 of that Act in respect of the land? *YES/NO
If YES, specify—
	(i)	the date on which notice was given:
	(ii)	the amount payable (including interest, if any):
†Particulars relating to environment protection
1—Interpretation
	(1)	In this and the following items (items 1 to 7 inclusive)—
domestic activity has the same meaning as in the Environment Protection Act 1993;
environmental assessment, in relation to land, means an assessment of the existence or nature or extent of—
	(a)	site contamination (within the meaning of the Environment Protection Act 1993) at the land; or
	(b)	any other contamination of the land by chemical substances,
and includes such an assessment in relation to water on or below the surface of the land;
EPA means the Environment Protection Authority established under the Environment Protection Act 1993;
pre-1 July 2009 site audit, in relation to land, means a review (carried out by a person recognised by the EPA as an environmental auditor) that examines environmental assessments or remediation of the land for the purposes of determining—
	(a)	the nature and extent of contamination of the land by chemical substances present or remaining on or below the surface of the land; and
	(b)	the suitability of the land for a particular use; and
	(c)	what remediation is or remains necessary for a particular use,
but does not include a site contamination audit (as defined below) completed on or after 1 July 2009;
pre-1 July 2009 site audit report means a detailed written report that sets out the findings of a pre‑1 July 2009 site audit;
prescribed commercial or industrial activity—see item 1(2);
prescribed fee means the fee prescribed under the Environment Protection Act 1993 for inspection of, or obtaining copies of information on, the public register;
public register means the public register kept by the EPA under section 109 of the Environment Protection Act 1993;
site contamination audit has the same meaning as in the Environment Protection Act 1993;
site contamination audit report has the same meaning as in the Environment Protection Act 1993.
	(2)	For the purposes of this and the following items (items 1 to 7 inclusive), each of the following activities (as defined in Schedule 3 clause 2 of the Environment Protection Regulations 2009) is a prescribed commercial or industrial activity:

abrasive blasting	acid sulphate soil generation	agricultural activities	
airports, aerodromes or aerospace industry	animal burial	animal dips or spray race facilities	
animal feedlots	animal saleyards	asbestos disposal	
asphalt or bitumen works	battery manufacture, recycling or disposal	breweries	
brickworks	bulk shipping facilities	cement works	
ceramic works	charcoal manufacture	coal handling or storage	
coke works	compost or mulch production or storage	concrete batching works	
curing or drying works	defence works	desalination plants	
dredge spoil disposal or storage	drum reconditioning or recycling works	dry cleaning	
electrical or electronics component manufacture	electrical substations	electrical transformer or capacitor works	
electricity generation or power plants	explosives or pyrotechnics facilities	fertiliser manufacture	
fibreglass manufacture	fill or soil importation	fire extinguisher or retardant manufacture	
fire stations	fire training areas	foundry	
fuel burning facilities	furniture restoration	gasworks	
glass works	glazing	hat manufacture or felt processing	
incineration	iron or steel works	laboratories	
landfill sites	lime burner	metal coating, finishing or spray painting	
metal forging	metal processing, smelting, refining or metallurgical works 	mineral processing, metallurgical laboratories or mining or extractive industries	
mirror manufacture	motor vehicle manufacture	motor vehicle racing or testing venues	
motor vehicle repair or maintenance	motor vehicle wrecking yards	mushroom farming	
oil recycling works	oil refineries	paint manufacture	
pest control works	plastics manufacture works	printing works	
pulp or paper works	railway operations	rubber manufacture or processing	
scrap metal recovery	service stations	ship breaking	
spray painting	tannery, fellmongery or hide curing	textile operations	
transport depots or loading sites	tyre manufacture or retreading	vermiculture	
vessel construction, repair or maintenance	waste depots	wastewater storage, treatment or disposal	
water discharge to underground aquifer	wetlands or detention basins	wineries or distilleries	
wood preservation works	woolscouring or wool carbonising works	works depots (operated by councils or utilities)	
2—Pollution and site contamination on the land—questions for vendor
	(1)	Is the vendor aware of any of the following activities ever having taken place at the land:
	(a)	storage, handling or disposal of waste or fuel or other chemicals (other than in the ordinary course of domestic activities)?
	(b)	importation of soil or other fill from a site at which—
	(i)	an activity of a kind listed in paragraph (a) has taken place; or
	(ii)	a prescribed commercial or industrial activity (see item 1(2) above) has taken place?
*YES/NO
If YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:
	(2)	Is the vendor aware of any prescribed commercial or industrial activities (see item 1(2) above) ever having taken place at the land?
*YES/NO
If YES, give details of all activities that the vendor is aware of and whether they have taken place before or after the vendor acquired an interest in the land:
	(3)	Is the vendor aware of any dangerous substances ever having been kept at the land pursuant to a licence under the Dangerous Substances Act 1979?
*YES/NO
If YES, give details of all dangerous substances that the vendor is aware of and whether they were kept at the land before or after the vendor acquired an interest in the land:
	(4)	Is the vendor aware of the sale or transfer of the land or part of the land ever having occurred subject to an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies?
*YES/NO
If YES, give details of each sale or transfer and agreement that the vendor is aware of:
	(5)	Is the vendor aware of an environmental assessment of the land or part of the land ever having been carried out or commenced (whether or not completed)?
*YES/NO
If YES, give details of all environmental assessments that the vendor is aware of and whether they were carried out or commenced before or after the vendor acquired an interest in the land:
Note—
These questions relate to details about the land that may be known by the vendor. A "YES" answer to the questions at items 2(1) or 2(2) may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.
A "YES" answer to any of the questions in this item may indicate the need for the purchaser to seek further information regarding the activities, for example, from the council or the EPA.
3—Licences and exemptions recorded by EPA in public register
Does the EPA hold any of the following details in the public register:
	(a)	details of a current licence issued under Part 6 of the Environment Protection Act 1993 to conduct, at the land—
	(i)	a waste or recycling depot (as referred to in clause 3(3) of Schedule 1 Part A of that Act); or
	(ii)	activities producing listed wastes (as referred to in clause 3(4) of Schedule 1 Part A of that Act); or
	(iii)	any other prescribed activity of environmental significance under Schedule 1 of that Act?
*YES/NO
	(b)	details of a licence no longer in force issued under Part 6 of the Environment Protection Act 1993 to conduct, at the land—
	(i)	a waste or recycling depot (as referred to in clause 3(3) of Schedule 1 Part A of that Act); or
	(ii)	activities producing listed wastes (as referred to in clause 3(4) of Schedule 1 Part A of that Act); or
	(iii)	any other prescribed activity of environmental significance under Schedule 1 of that Act?
*YES/NO
	(c)	details of a current exemption issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land?
*YES/NO
	(d)	details of an exemption no longer in force issued under Part 6 of the Environment Protection Act 1993 from the application of a specified provision of that Act in relation to an activity carried on at the land?
*YES/NO
	(e)	details of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to operate a waste depot at the land?
*YES/NO
	(f)	details of a licence issued under the repealed Waste Management Act 1987 to operate a waste depot at the land?
*YES/NO
	(g)	details of a licence issued under the repealed South Australian Waste Management Commission Act 1979 to produce waste of a prescribed kind (within the meaning of that Act) at the land?
*YES/NO
	(h)	details of a licence issued under the repealed Waste Management Act 1987 to produce prescribed waste (within the meaning of that Act) at the land?
*YES/NO
Note—
These questions relate to details about licences and exemptions required to be recorded by the EPA in the public register. If the EPA answers "YES" to any of the questions—
	•	in the case of a licence or exemption under the Environment Protection Act 1993—
	—	the purchaser may obtain a copy of the licence or exemption from the public register on payment of the prescribed fee; and
	—	the purchaser should note that transfer of a licence or exemption is subject to the conditions of the licence or exemption and the approval of the EPA (see section 49 of the Environment Protection Act 1993); and
	•	in the case of a licence under a repealed Act—the purchaser may obtain details about the licence from the public register on payment of the prescribed fee.
A "YES" answer to any of these questions may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.
The EPA will not provide details about licences to conduct the following prescribed activities of environmental significance (within the meaning of Schedule 1 Part A of the Environment Protection Act 1993): waste transport business (category A), waste transport business (category B), dredging, earthworks drainage, any other activities referred to in Schedule 1 Part A undertaken by means of mobile works, helicopter landing facilities, marinas and boating facilities or discharges to marine or inland waters.
The EPA will not provide details about exemptions relating to—
	•	the conduct of any of the licensed activities in the immediately preceding paragraph in this note; or
	•	noise.
4—Pollution and site contamination on the land—details recorded by EPA in public register
Does the EPA hold any of the following details in the public register in relation to the land or part of the land:
	(a)	details of serious or material environmental harm caused or threatened in the course of an activity (whether or not notified under section 83 of the Environment Protection Act 1993)?
*YES/NO
	(b)	details of site contamination notified to the EPA under section 83A of the Environment Protection Act 1993?
*YES/NO
	(c)	a copy of a report of an environmental assessment (whether prepared by the EPA or some other person or body and whether or not required under legislation) that forms part of the information required to be recorded in the public register?
*YES/NO
	(d)	a copy of a site contamination audit report?
*YES/NO
	(e)	details of an agreement for the exclusion or limitation of liability for site contamination to which section 103E of the Environment Protection Act 1993 applies?
*YES/NO
	(f)	details of an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993?
*YES/NO
	(g)	details of an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993?
*YES/NO
	(h)	details of a notification under section 103Z(1) of the Environment Protection Act 1993 relating to the commencement of a site contamination audit?
*YES/NO
	(i)	details of a notification under section 103Z(2) of the Environment Protection Act 1993 relating to the termination before completion of a site contamination audit?
*YES/NO
	(j)	details of records, held by the former South Australian Waste Management Commission under the repealed Waste Management Act 1987, of waste (within the meaning of that Act) having been deposited on the land between 1 January 1983 and 30 April 1995?
*YES/NO
Note—
These questions relate to details required to be recorded by the EPA in the public register. If the EPA answers "YES" to any of the questions, the purchaser may obtain those details from the public register on payment of the prescribed fee.
5—Pollution and site contamination on the land—other details held by EPA
Does the EPA hold any of the following details in relation to the land or part of the land:
	(a)	a copy of a report known as a "Health Commission Report" prepared by or on behalf of the South Australian Health Commission (under the repealed South Australian Health Commission Act 1976)?
*YES/NO
	(b)	details (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site contamination assessment proposal under section 103I of the Environment Protection Act 1993?
*YES/NO
	(c)	details (which may include a report of an environmental assessment) relevant to an agreement entered into with the EPA relating to an approved voluntary site remediation proposal under section 103K of the Environment Protection Act 1993?
*YES/NO
	(d)	a copy of a pre‑1 July 2009 site audit report?
*YES/NO
	(e)	details relating to the termination before completion of a pre‑1 July 2009 site audit?
*YES/NO
Note—
These questions relate to details that the EPA may hold. If the EPA answers "YES" to any of the questions, the purchaser may obtain those details from the EPA (on payment of any fee fixed by the EPA).
6—Further information held by councils
Does the council hold details of any development approvals relating to—
	(a)	commercial or industrial activity at the land; or
	(b)	a change in the use of the land or part of the land (within the meaning of the Development Act 1993)?
*YES/NO
Note—
The question relates to information that the council for the area in which the land is situated may hold. If the council answers "YES" to the question, it will provide a description of the nature of each development approved in respect of the land. The purchaser may then obtain further details from the council (on payment of any fee fixed by the council). However, it is expected that the ability to supply further details will vary considerably between councils.
A "YES" answer to paragraph (a) of the question may indicate that a potentially contaminating activity has taken place at the land (see sections 103C and 103H of the Environment Protection Act 1993) and that assessments or remediation of the land may be required at some future time.
It should be noted that:
	•	the approval of development by a council does not necessarily mean that the development has taken place;
	•	the council will not necessarily be able to provide a complete history of all such development that has taken place at the land.
7—Further information for purchasers
Note—
The purchaser is advised that other matters under the Environment Protection Act 1993 (that is, matters other than those referred to in this Statement) that may be relevant to the purchaser's further enquiries may also be recorded in the public register. These include:
	•	details relating to environmental authorisations such as applications, applicants, locations of activities, conditions, suspension, cancellation or surrender of authorisations, disqualifications, testing requirements and test results;
	•	details relating to activities undertaken on the land under licences or other environmental authorisations no longer in force;
	•	written warnings relating to alleged contraventions of the Environment Protection Act 1993;
	•	details of prosecutions and other enforcement action;
	•	details of civil proceedings;
	•	other details prescribed under the Environment Protection Act 1993 (see section 109(3)(l)).
Details of these matters may be obtained from the public register on payment to the EPA of the prescribed fee.
If—
	•	an environment performance agreement, environment protection order, clean‑up order, clean‑up authorisation, site contamination assessment order or site remediation order has been registered on the certificate of title for the land; or
	•	a notice of declaration of special management area in relation to the land has been gazetted; or
	•	a notation has been made on the certificate of title for the land that a site contamination audit report has been prepared in respect of the land; or
	•	a notice of prohibition or restriction on taking water affected by site contamination in relation to the land has been gazetted,
it will be noted in the items under the heading Environment Protection Act 1993 under the Table of Particulars in this Statement. Details of any registered documents may be obtained from the Lands Titles Registration Office.
†Particulars relating to Livestock Act 1997
†1—Sale of land
	(1)	Has any notice under section 33 or 37 of the Livestock Act 1997 been made that affects, presently or prospectively, enjoyment of the land? *YES/NO
If YES, give details of the following:
Date of notice:
Terms of notice:
	(2)	Has any order under section 38, or notice under section 72, of the Livestock Act 1997 been issued to the vendor in relation to the land or any building on the land? *YES/NO
If YES, give details of the following:
Date of order or notice:
Terms of order or notice:
†2—Sale of small business
Does the small business the subject of the sale involve the keeping or handling of livestock, the handling of livestock products or the handling of property in connection with such an activity? *YES/NO
If YES, has any notice or order been issued under the Livestock Act 1997 in relation to any livestock, livestock products or other property (other than land or any building on the land) included in the sale? *YES/NO
If YES, give details of the following:
Date of notice or order:
Terms of notice or order:
†Schedule 2—Division 3—Community lots and strata units
Matters to be considered in purchasing a community lot or strata unit
The property you are buying is on strata or community title. There are special obligations and restrictions that go with this kind of title. Make sure you understand these. If unsure, seek legal advice before signing a contract. For example:
Governance
You will automatically become a member of the body corporate, which includes all owners and has the job of maintaining the common property and enforcing the rules. Decisions, such as the amount you must pay in levies, will be made by vote of the body corporate. You will need to take part in meetings if you wish to have a say. If outvoted, you will have to live with decisions that you might not agree with.
If you are buying into a mixed use development (one that includes commercial as well as residential lots), owners of some types of lots may be in a position to outvote owners of other types of lots. Make sure you fully understand your voting rights, see later.
Use of your property
You, and anyone who visits or occupies your property, will be bound by rules in the form of articles or by‑laws. These can restrict the use of the property, for example, they can deal with keeping pets, car parking, noise, rubbish disposal, short‑term letting, upkeep of buildings and so on. Make sure that you have read the articles or by‑laws before you decide whether this property will suit you.
Depending on the rules, you might not be permitted to make changes to the exterior of your unit, such as installing a television aerial or an air‑conditioner, building a pergola, attaching external blinds etc without the permission of the body corporate. A meeting may be needed before permission can be granted. Permission may be refused.
Note that the articles or by‑laws could change between now and when you become the owner: the body corporate might vote to change them. Also, if you are buying before the community plan is registered, then any by‑laws you have been shown are just a draft.
Are you buying a debt?
If there are unpaid contributions owing on this property, you can be made to pay them. You are entitled to know the financial state of the body corporate and you should make sure you see its records before deciding whether to buy. As a prospective owner, you can write to the body corporate requiring to see the records, including minutes of meetings, details of assets and liabilities, contributions payable, outstanding or planned expenses and insurance policies. There is a fee. To make a request, write to the secretary or management committee of the body corporate.
Expenses
The body corporate can require you to maintain your property, even if you do not agree, or can carry out maintenance and bill you for it.
The body corporate can require you to contribute to the cost of upkeep of the common property, even if you do not agree. Consider what future maintenance or repairs might be needed on the property in the long term.
Guarantee
As an owner, you are a guarantor of the liabilities of the body corporate. If it does not pay its debts, you can be called on to do so. Make sure you know what the liabilities are before you decide to buy. Ask the body corporate for copies of the financial records.
Contracts
The body corporate can make contracts. For example, it may engage a body corporate manager to do some or all of its work. It may contract with traders for maintenance work. It might engage a caretaker to look after the property. It might make any other kind of contract to buy services or products for the body corporate. Find out what contracts the body corporate is committed to and the cost.
The body corporate will have to raise funds from the owners to pay the money due under these contracts. As a guarantor, you could be liable if the body corporate owes money under a contract.
Buying off the plan
If you are buying a property that has not been built yet, then you cannot be certain what the end product of the development process will be. If you are buying before a community plan has been deposited, then any proposed development contract, scheme description or by‑laws you have been shown could change.
Mixed use developments—voting rights
You may be buying into a group that is run by several different community corporations. This is common in mixed use developments, for example, where a group of apartments is combined with a hotel or a group of shops. If there is more than one corporation, then you should not expect that all lot owners in the group will have equal voting rights. The corporations may be structured so that, even though there are more apartments than shops in the group, the shop‑owners can outvote the apartment owners on some matters. Make enquiries so that you understand how many corporations there are and what voting rights you will have.
Further information
The Real Estate Institute of South Australia provides an information service for enquiries about real estate transactions, see www.reisa.com.au .
A free telephone Strata and Community Advice Service is operated by the Legal Services Commission of South Australia: call 1300 366 424. Information and a booklet about strata and community titles is available from the Legal Services Commission at www.lsc.sa.gov.au.
You can also seek advice from a legal practitioner.
Form 3—Certificate of legal practitioner and waiver by purchaser
Land and Business (Sale and Conveyancing) Act 1994 
Part A—Certificate of legal practitioner
(sections 5 and 16)
1	I certify that—
[Name(s) of purchaser(s)] of [Address(es) of purchaser(s)]
*has/have received independent advice from me in relation to the land or business described below concerning—
	†	the signing of a proposed contract for the purchase of the land or business and the loss by the purchaser, on the provision of my advice and the execution of this certificate, of any cooling‑off period otherwise applicable to the proposed contract under section 5 of the Land and Business (Sale and Conveyancing) Act 1994.
	†	the waiving of compliance with the requirement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 that the vendor, at least 10 clear days before the date of settlement, serve or cause to be served on the purchaser a vendor’s statement.
	†	the waiving of compliance with the requirement under section 8 of the Land and Business (Sale and Conveyancing) Act 1994 that the vendor, at least 5 clear business days before the date of settlement, serve or cause to be served on the purchaser a vendor’s statement.
	†	the waiving of compliance with [Describe the requirement to be waived and specify the section in Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 in which it occurs. Use separate items for each requirement].
†2	Description of the land:
†3	Description of the business:
[include the address of any premises at which the business is conducted]
4	Name(s) of vendor(s):
Date:
Signed:
Name of legal practitioner:
Name of firm: 
Address of firm:
* Strike out the option that is not applicable.
† Strike out or omit the item if it is not applicable.
Part B—Instrument of waiver by purchaser
(section 16)
To the vendor(s):
*I/We—
[Name(s) of purchaser(s)] of [Address(es) of purchaser(s)]
being the purchaser(s) of the land or business described in Part A above, having sought and obtained independent advice from:
[Name of legal practitioner]
being the legal practitioner whose certificate in relation to the giving of that advice is contained in Part A above—
	†	waive the requirement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 that the vendor, at least 10 clear days before the date of settlement, serve, or cause to be served, on the purchaser a vendor’s statement setting out the purchaser's cooling‑off rights under section 5 of the Act and the particulars required by section 7.
	†	waive the requirement under section 8 of the Land and Business (Sale and Conveyancing) Act 1994 that the vendor, at least 5 clear business days before the date of settlement, serve, or cause to be served, on the purchaser a vendor’s statement setting out the purchaser's cooling‑off rights under section 5 of the Act and the particulars required by section 8.
	†	waive the requirement [Describe (in the same terms as in Part A above) the requirement to be waived and specify the section in Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 in which it occurs. Use separate items for each requirement.]
Date:
Signed:
* Strike out the option that is not applicable.
† Strike out or omit the item if it is not applicable.

Schedule 2—Prescribed notice to be given to purchaser
Land and Business (Sale and Conveyancing) Act 1994 section 13A
Land and Business (Sale and Conveyancing) Regulations 2010 regulation 17
Before you buy a home there are a number of things that you should investigate and consider. Though it may not be obvious at the time, there could be matters that may affect your enjoyment of the property, the safety of people on the property or the value of the property.
The following questions may help you to identify if a property is appropriate to purchase. In many cases the questions relate to a variety of laws and standards. These laws and standards change over time, so it is important to seek the most up to date information. Various government agencies can provide up to date and relevant information on many of these questions. To find out more, the Office of Consumer and Business Affairs recommends that you check the website: www.ocba.sa.gov.au/consumeradvice/realestate
Consider having a professional building inspection done before proceeding with a purchase. A building inspection will help you answer some of the questions below.
The questions have been categorised under the headings Safety, Enjoyment and Value, but all of the issues are relevant to each heading.
Safety
	•	Is there asbestos in any of the buildings or elsewhere on the property eg sheds and fences?
	•	Does the property have any significant defects eg cracking or salt damp? Have the wet areas been waterproofed?
	•	Is the property in a bushfire prone area?
	•	Are the electrical wiring, gas installation, plumbing and appliances in good working order and in good condition? Is a safety switch (RCD) installed? Is it working?
	•	Are there any prohibited gas appliances in bedrooms or bathrooms?
	•	Are smoke alarms installed in the house? If so, are they hardwired? Are they in good working order and in good condition? Are they compliant?
	•	Is there a swimming pool and/or spa pool installed on the property? Are there any safety barriers or fences in place? Do they conform to current standards?
	•	Does the property have any termite or other pest infestations? Is there a current preventive termite treatment program in place? Was the property treated at some stage with persistent organochlorins (now banned) or other toxic termiticides?
	•	Has fill been used on the site? Is the soil contaminated by chemical residues or waste?
	•	Does the property use cooling towers or manufactured warm water systems? If so, what are the maintenance requirements?
Enjoyment
	•	Does the property have any stormwater problems?
	•	Is the property in a flood prone area? Is the property prone to coastal flooding?
	•	Does the property have an on‑site wastewater treatment facility such as a septic tank installed? If so, what are the maintenance requirements? Is it compliant?
	•	Is a sewer mains connection available?
	•	Are all gutters, downpipes and stormwater systems in good working order and in good condition?
	•	Is the property near power lines? Are there any trees on the property near power lines? Are you considering planting any trees? Do all structures and trees maintain the required clearance from any power lines? 
	•	Are there any significant trees on the property?
	•	Is this property a unit on strata or community title? What could this mean for you? Is this property on strata or community title? Do you understand the restrictions of use and the financial obligations of ownership? Will you have to pay a previous owner's debt or the cost of planned improvements?
	•	Is the property close to a hotel, restaurant or other venue with entertainment consent for live music? Is the property close to any industrial or commercial activity, a busy road or airport etc that may result in the generation of noise or the emission of materials or odours into the air?
	•	What appliances, equipment and fittings are included in the sale of the property?
	•	Is there sufficient car parking space available to the property?
Value
	•	Are there any illegal or unapproved additions, extensions or alterations to the buildings on the property?
	•	How energy efficient is the home, including appliances and lighting? What energy sources (eg electricity, gas) are available?
	•	Is the property connected to SA Water operated and maintained mains water? Is a mains water connection available? Does the property have a recycled water connection? What sort of water meter is located on the property (a direct or indirect meter – an indirect meter can be located some distance from the property)? Is the property connected to a water meter that is also serving another property?
	•	Are there water taps outside the building? Is there a watering system installed? Are they in good working order and in good condition?
	•	Does the property have alternative sources of water other than mains water supply (including bore or rainwater)? If so, are there any special maintenance requirements?
For more information on these matters visit: www.ocba.sa.gov.au/consumeradvice/realestate
Disclaimer: There may be other issues relevant to the purchase of real estate. If you are unable to ascertain enough information about the questions raised in this form and any other concerns you may have we strongly recommend you obtain independent advice through a building inspection, a lawyer, and a financial adviser.

Schedule 3—Contracts for sale of land or businesses—inquiries

Table 1—Mortgages, charges and prescribed encumbrances
Column 1
Mortgage, charge or prescribed encumbrance specified as item in Form 1 Schedule Division 1 and Form 2 Schedule 2 Division 1	Column 2
Body to whom inquiry is to be made	
	(1)	All items under the following headings (except where otherwise specified):
Development Act 1993 (the item relating to section 71 only)
Fire and Emergency Services Act 2005
Local Government Act 1934
Local Government Act 1999	The council	
	(2)	All items under the following headings (except where otherwise specified):
Development Act 1993 (other than the items relating to section 60 and section 71)
Food Act 2001
Housing Improvement Act 1940
Public and Environmental Health Act 1987 (repealed)
Repealed Act conditions
South Australian Public Health Act 2011 (other than the item relating to section 66)	Department of Planning, Transport and Infrastructure and the council	
	(3)	All other items (other than the items relating to the Development Act 1993 section 60, the Fences Act 1975 section 5 and the Mining Act 1971 section 9AA, section 58(a) or 59(8)(b) and section 61)	Department of Planning, Transport and Infrastructure	

Table 2—Matters affecting land
Column 1
Matters specified in Form 1 Schedule Division 2 and Form 2 Schedule 2 Division 2	Column 2
Body to whom inquiry is to be made	
Particulars of building indemnity insurance (all items under that heading)	The council	
Particulars relating to environment protection (items 3, 4 and 5 under that heading)	Department of Planning, Transport and Infrastructure or Environment Protection Authority	
Particulars relating to environment protection (item 6 under that heading)	The council	
Particulars relating to Livestock Act 1997 (the following items under that heading: a notice under section 33, 37 or 72 of the Act or an order under section 38 of the Act, in relation to the land or a building on the land)	Department of Planning, Transport and Infrastructure or Department of Primary Industries and Regions	

Schedule 4—Financial and investment advice—specified warning
Land and Business (Sale and Conveyancing) Act 1994 section 24B
Land and Business (Sale and Conveyancing) Regulations 2010 regulation 21
A land agent or sales representative who provides financial or investment advice to you in connection with the sale or purchase of land or a business is obliged to tell you the following:
You should assess the suitability of any purchase of the land or business in light of your own needs and circumstances by seeking independent financial and legal advice.

Schedule 5—Disclosure of benefits
Land and Business (Sale and Conveyancing) Act 1994 section 24C
Land and Business (Sale and Conveyancing) Regulations 2010 regulation 22
If a benefit has already been disclosed in a sales agency agreement then the use of this form is not required to disclose that benefit.
Subject to section 24C of the Land and Business (Sale and Conveyancing) Act 1994, a land agent must use this form to disclose to you (the client):
	•	benefits which the agent will receive or expects to receive from a third person to whom the agent has referred you, or with whom the agent has contracted, when the referral or contract is for the provision of services associated with the sale or purchase of property or a business;
	•	any other benefit of which the agent is aware that any person (including the agent) receives or expects to receive in connection with the sale or purchase.
The obligation to disclose a benefit to you under section 24C is ongoing and arises when the agent becomes aware of a benefit.
Note—
	•	When this form is used, the land agent must disclose the nature, source and amount (or estimated amount or value) of the benefit.
	•	A benefit includes a rebate, a discount, or a refund, and could include such things as frequent flyer points or gift vouchers.
	•	Under section 24C(5) of the Land and Business (Sale and Conveyancing) Act 1994 an agent includes an agent acting for the purchaser or vendor, and a sales representative acting for that agent.

Description of property or business				
				
Nature of the benefit	Source of the benefit	Amount (or estimated amount or value) of the benefit	Name of recipient of the benefit and capacity* of recipient	

				
				
* refers to the capacity in which the person receives the benefit eg as an agent, a financier, mortgage broker, lawyer.				
	[If insufficient space, add an annexure]			

Name of agent/sales representative	Name of client	
Signature	Signature	
Date	Date	

Schedule 6—Standard conditions of auction for residential land
Land and Business (Sale and Conveyancing) Act 1994 section 24I
Land and Business (Sale and Conveyancing) Regulations 2010 regulation 26
1—Prescribed standard conditions
	(1)	The standard conditions of auction for the sale of residential land (the property) are as follows:
	(a)	any person may bid in the auction in person, or by their proxy or representative, subject to the conditions of auction;
	(b)	the vendor's reserve price will be as recorded in the auction record;
	(c)	to make a bid a person must be registered in the bidders register, having satisfied the requirements as to proof of identity and, if applicable, authority to bid as a proxy or representative;
	(d)	the auctioneer will only accept a bid if the person making the bid displays an identifying number or other unique identifier allocated to the person by the auctioneer;
	(e)	the auctioneer will, when accepting a bid, audibly announce the number or identifier so displayed by the bidder;
	(f)	the auctioneer may refuse a bid if of the opinion that it is not in the best interests of the vendor, and will not be obliged to give any reason for refusing a bid;
	(g)	the auctioneer may make bids on behalf of the vendor but not more than 3 such bids and only for amounts below the reserve price; any such bid will be audibly announced by the auctioneer as a "vendor's bid";
	(h)	bidding increments will be accepted at the discretion of the auctioneer;
	(i)	the person accepted by the auctioneer as having made the highest bid at or above the reserve price will be the purchaser and that bid will be the purchase price;
	(j)	the auctioneer will not accept a bid made after the fall of the auctioneer's hammer;
	(k)	unless otherwise agreed in writing by the purchaser and the vendor before the commencement of the auction—
	(i)	a contract for the sale of the property, in the form displayed by the auctioneer at the auction, will be completed and signed by or on behalf of the purchaser and the vendor immediately after the fall of the hammer; and
	(ii)	the purchaser will pay a deposit immediately after the fall of the hammer, as specified in the conditions of auction;
	(l)	the auctioneer will have irrevocable authority, after the fall of the auctioneer's hammer, to complete and sign the contract on behalf of the purchaser or the vendor, or both; completion and signing under that authority will be at the auctioneer's discretion in the event of breach by the purchaser of any of the conditions of auction;
	(m)	the cooling‑off rights under section 5 of the Land and Business (Sale and Conveyancing) Act 1994 do not apply to a sale by auction or a sale on the day of auction to a person who has made a bid in the auction (whether in person or by their proxy or representative).
	(2)	In this Schedule—
conditions of auction includes conditions displayed by the auctioneer at the auction as conditions of the auction, together with the standard conditions of auction set out above.

Schedule 7—Collusive practices at auctions of land or businesses
Land and Business (Sale and Conveyancing) Act 1994 section 24L
Land and Business (Sale and Conveyancing) Regulations 2010 regulation 28
Section 24L of the Land and Business (Sale and Conveyancing) Act 1994 makes it unlawful to engage in collusive practices in relation to an auction of land or a business. Under that section a person must not do any of the following as a result of a collusive practice, or induce or attempt to induce another person by a collusive practice to do any of the following:
	(a)	abstain from bidding;
	(b)	bid to a limited extent;
	(c)	do anything else that might tend to prevent free and open competition.
The maximum penalty for committing such an offence is $20 000.
* "Collusive practice" is defined in section 24L(4) of the Act. If you are intending to bid at an auction and are unsure whether your activity constitutes a collusive practice, it is advisable to seek independent legal advice.

Schedule 8—Contracts for sale of land or businesses—fees

1—Fees payable to councils			
	For a council search report to be provided by a council—		
		(a)	for particulars in the report—		
		(i)	in relation to 1 strata unit	$22.80	
		(ii)	in relation to 2 strata units on the same strata plan	$45.50	
		(iii)	in relation to 3 or more strata units on the same strata plan	$68.00	
		(iv)	for each certificate of title to land under the Real Property Act 1886, or Crown lease, in respect of which particulars are to be provided—		
		(A)	if the applicant requests that the particulars be provided within 24 hours after receipt of the request	$34.00	
		(B)	in any other case	$22.80	
		(b)	for documentary material in the report—the actual cost incurred by the council in producing a copy of the document.		
2—Fees payable to statutory authorities or prescribed bodies			
(1)	For particulars and documentary material to be provided by a statutory authority or prescribed body (other than where particulars are to be provided for the purposes of a property interest report)—		
		(a)	for particulars—		
		(i)	in relation to 1 strata unit	$17.10	
		(ii)	in relation to 2 strata units on the same strata plan	$31.75	
		(iii)	in relation to 3 or more strata units on the same strata plan	$49.00	
		(iv)	in any other case—in relation to each certificate of title to land under the Real Property Act 1886, or Crown lease, in respect of which particulars are to be provided	$17.10	
		(b)	for documentary material—the actual cost incurred by the statutory authority or prescribed body in producing a copy of the document.		
(2)	For a property interest report or update—		
		(a)	for a property interest report to be provided by the Department in relation to a certificate of title to land under the Real Property Act 1886 or a Crown lease	$284.00	
		(b)	for an update of such a report (where the application is made not more than 90 days after the original report was issued) to be provided by the Department	$142.00	
(3)	For a property interest report or update for a related title—		
		(a)	for a property interest report to be provided by the Department in relation to a related title	$42.75	
		(b)	for an update of such a report (where the application is made not more than 90 days after the original report was issued) to be provided by the Department	$10.90	
3—Interpretation			
	In this Schedule—		
	Department means the Department of Planning, Transport and Infrastructure;		
	related title means a certificate of title to, or a Crown lease of, land that—
	(a)	is contiguous with, and owned or held pursuant to a Crown lease by the same person as, land in relation to which a property interest report is to be provided by the Department; and
	(b)	is valued by the Valuer‑General under the Valuation of Land Act 1971 conjointly with, and is to be sold at the same time as, the land in relation to which the property interest report is to be provided;		
	strata unit includes a community lot (or development lot) and strata plan includes a community plan.		
	Note—
The fees payable to a strata corporation or a community corporation for the provision of information are fixed by regulations under the Strata Titles Act 1988 and the Community Titles Act 1996, respectively.		

Schedule 9—Dual representation—forms
Form 1—Acknowledgment that conveyancer acts for more than one party
Land and Business (Sale and Conveyancing) Act 1994 (section 30)
To [insert name of client] of [insert address of client]
Re [insert transaction]
Advice
	1	Please note that I, [insert name of conveyancer] of [insert business address of conveyancer], have been requested to act for [insert name of other client] of [insert address of other client] who is a party to the above transaction in respect of which I act also on your behalf.
	2	In the event of a conflict of interest arising, I am bound to cease to act for you and my other client involved in the transaction unless you and my other client agree in writing that I may continue to act for you or for my other client.
Date:
Signed by conveyancer:
Acknowledgment
I, [insert name of client] acknowledge that I have read and understood the above advice.
Date:
Signed by client:
Form 2—General authority to conveyancer to act for more than one party
Land and Business (Sale and Conveyancing) Act 1994 (section 30)
I, [insert name of client] of [insert address of client], authorise [insert name of conveyancer] of [insert business address of conveyancer] to act for another party or parties to any [insert general description of nature of transactions to be authorised] in respect of which the conveyancer is also acting on my behalf.
I have been advised that a conveyancer owes a duty to act in the best interests of each client involved in the transaction and that, in the event of a conflict of interests arising, a conveyancer is bound to cease to act for each of them unless all clients agree in writing for which of them the conveyancer may then continue to act.
Date:
Signed:

Schedule 10—Transitional provisions
Part 5—Transitional provisions
7—Interpretation
In this Part—
revoked regulations means the regulations revoked by clause 6.
8—Vendor's statement prepared before commencement of regulations
	(1)	A vendor's statement for the purposes of Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 prepared before 31 August 2010 will be taken to comply with these regulations if the statement—
	(a)	was prepared not more than 2 months before that date; and
	(b)	complies with the Act and the revoked regulations as in force immediately before that date; and
	(c)	is accurate as at the date of service of the statement on the purchaser.
	(2)	A reference in this clause to the date of service of a vendor's statement is, where a notice of amendment to the statement is served for the purposes of section 10 of the Land and Business (Sale and Conveyancing) Act 1994, a reference to the presumed date of service of the statement under that section.
9—Use of old form of vendor's statement after commencement of regulations
	(1)	A vendor's statement for the purposes of Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 prepared on or after 31 August 2010 will be taken to be in the form required by regulation 8 of these regulations if it—
	(a)	is prepared not later than 1 December 2010; and
	(b)	is in the form that would have been required by the revoked regulations as they would have been in force on 31 August 2010 had these regulations, apart from Part 2 of this Schedule, not been made.
	(2)	A vendor's statement for the purposes of Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 prepared on or after 31 August 2010 will be taken to be in the form required by regulation 10 of these regulations if it—
	(a)	is prepared not later than 1 December 2010; and
	(b)	is in the form that would have been required by the revoked regulations as they would have been in force on 31 August 2010 had these regulations, apart from Part 2 of this Schedule, not been made.
	(3)	A vendor's statement for the purposes of Part 2 of the Land and Business (Sale and Conveyancing) Act 1994 prepared on or after 31 August 2010 will be taken to contain the particulars required by Form 2 Schedule 1 Division 2 item 9(5) of these regulations if it—
	(a)	is prepared not later than 1 December 2010; and
	(b)	contains the particulars required by Form 2 Schedule 1 Division 2 item 9(5) and (6) of the revoked regulations as they would have been in force on 31 August 2010 had these regulations, apart from Part 2 of this Schedule, not been made; and
	(c)	is accurate in respect of those particulars as at the date of service of the statement on the purchaser.
10—Use of old notices, etc, after commencement of regulations
	(1)	A notice delivered, served or made available for perusal not later than 1 December 2010 that complies with the requirements of regulation 15A and Schedule 1A of the revoked regulations will be taken to comply with the requirements of regulation 17 and Schedule 2 of these regulations.
	(2)	Information or warnings given not later than 1 December 2010 that are in the form required by regulation 16C and Schedule 2A of the revoked regulations will be taken to be in the form required by regulation 21 and Schedule 4 of these regulations.
	(3)	A disclosure made not later than 1 December 2010 that is in the form required by regulation 16D and Schedule 2B of the revoked regulations will be taken to be in the form required by regulation 22 and Schedule 5 of these regulations.
	(4)	A notice given not later than 1 December 2010 that is in the form required by regulation 16J and Schedule 2D of the revoked regulations will be taken to be in the form required by regulation 28 and Schedule 7 of these regulations.
	(5)	In this clause, a reference to the revoked regulations means the revoked regulations as they would have been in force on 31 August 2010 had these regulations, apart from Part 2 of this Schedule, not been made.

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation revoked by principal regulations
The Land and Business (Sale and Conveyancing) Regulations 2010 revoked the following:
Land and Business (Sale and Conveyancing) Regulations 1995
Legislation varied by principal regulations
The Land and Business (Sale and Conveyancing) Regulations 2010 varied the following:
Land and Business (Sale and Conveyancing) (Site Contamination) Variation Regulations 2009
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2010	196	Gazette 26.8.2010 p4478	26.8.2010 except Sch 10 Pt 3—27.8.2010 and except rr 3—32, Schs 1—9, Sch 10 Pts 4 & 5—31.8.2010: r 2	
2011	84	Gazette 9.6.2011 p2121	1.7.2011: r 2	
2012	94	Gazette 31.5.2012 p2396	1.7.2012: r 2	
2013	142	Gazette 6.6.2013 p2363	1.7.2013: r 2	
2013	262	Gazette 21.11.2013 p4302	1.1.2014: r 2	
2013	312	Gazette 19.12.2013 p5148	1.1.2014: r 2	
2014	56	Gazette 13.2.2014 p947	13.2.2014: r 2	
2014	122	Gazette 19.6.2014 p2619	1.7.2014: r 2	
2015	80	Gazette 18.6.2015 p2605	1.7.2015: r 2	
2016	130	Gazette 23.6.2016 p2343	1.7.2016: r 2	
2016	174	Gazette 30.6.2016 p2801	4.7.2016: r 2	
2016	260	Gazette 15.11.2016 p4412	15.3.2017: r 2	
2017	69	Gazette 23.5.2017 p1757	1.7.2017: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 2			
r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2011	
r 3			
r 3(1)			
council search report	varied by 312/2013 r 4(1)	1.1.2014	
property interest report	varied by 312/2013 r 4(2)	1.1.2014	
r 7	varied by 260/2016 r 4	15.3.2017	
r 8	substituted by 312/2013 r 5	1.1.2014	
	substituted by 56/2014 r 4	13.2.2014	
r 10	varied by 312/2013 r 6	1.1.2014	
r 11	varied by 312/2013 r 7	1.1.2014	
r 15	deleted by 262/2013 r 4	1.1.2014	
r 16			
r 16(3)	varied by 174/2016 r 4	4.7.2016	
r 19			
r 19(2)	varied by 262/2013 r 5(1)	1.1.2014	
r 19(4)	varied by 260/2016 r 5	15.3.2017	
r 19(6) and (7)	inserted by 262/2013 r 5(2)	1.1.2014	
r 20	varied by 262/2013 r 6(1), (2)	1.1.2014	
r 20A	inserted by 262/2013 r 7	1.1.2014	
r 21	substituted by 262/2013 r 8	1.1.2014	
r 25			
r 25(1)	varied by 262/2013 r 9	1.1.2014	
r 26	substituted by 262/2013 r 10	1.1.2014	
r 27			
r 27(1)	deleted by 262/2013 r 11	1.1.2014	
r 28	substituted by 262/2013 r 12	1.1.2014	
Pt 3A	inserted by 262/2013 r 13	1.1.2014	
r 31A	varied by 56/2014 r 5	13.2.2014	
r 31B			
r 31B(1)	varied by 56/2014 r 6(1)	13.2.2014	
r 31B(2)	substituted by 56/2014 r 6(2)	13.2.2014	
r 31B(3)	inserted by 56/2014 r 6(2)	13.2.2014	
r 31D	deleted by 56/2014 r 7	13.2.2014	
Pt 4			
r 32	(a) deleted by 262/2013 r 14	1.1.2014	
Sch 1			
Form 1	substituted by 312/2013 r 8	1.1.2014	
	varied by 56/2014 r 8(1)—(3)	13.2.2014	
	varied by 174/2016 r 5(1)	4.7.2016	
Form 2	substituted by 312/2013 r 9	1.1.2014	
	varied by 174/2016 r 5(2)	4.7.2016	
Form 4	deleted by 312/2013 r 10	1.1.2014	
Sch 3	substituted by 312/2013 r 11	1.1.2014	
Sch 4	substituted by 262/2013 r 15	1.1.2014	
Sch 6			
cl 1			
cl 1(1)	varied by 262/2013 r 16(1)—(3)	1.1.2014	
cl 1(2)	varied by 262/2013 r 16(4)	1.1.2014	
Sch 7	substituted by 262/2013 r 17	1.1.2014	
Sch 8 before substitution by 130/2016			
cl 2			
cl 2(2)	varied by 84/2011 r 4(1), (2)	1.7.2011	
	varied by 94/2011 r 4(1), (2)	1.7.2012	
	varied by 142/2013 r 4(1), (2)	1.7.2013	
	varied by 122/2014 r 4(1), (2)	1.7.2014	
	varied by 80/2015 r 4(1), (2)	1.7.2015	
cl 2(3)	varied by 84/2011 r 4(3), (4)	1.7.2011	
	varied by 94/2011 r 4(3), (4)	1.7.2012	
	varied by 142/2013 r 4(3), (4)	1.7.2013	
	varied by 122/2014 r 4(3), (4)	1.7.2014	
	varied by 80/2015 r 4(3), (4)	1.7.2015	
cl 3			
Department	substituted by 312/2013 r 12	1.1.2014	
Sch 8	substituted by 130/2016 r 4	1.7.2016	
Sch 10			
Pts 1—4	omitted under Legislation Revision and Publication Act 2002	1.7.2011	
Transitional etc provisions associated with regulations or variations
Land and Business (Sale and Conveyancing) Variation Regulations 2013 (No 312 of 2013)
13—Transitional provision
	(1)	In this regulation—
Act means the Land and Business (Sale and Conveyancing) Act 1994;
new requirements means the requirements of the Act and principal regulations as in force after the commencement of the Statutes Amendment (Real Estate Reform Review and Other Matters) Act 2013 and these regulations;
old requirements means the requirements of the Act and principal regulations as in force immediately before the commencement of the Statutes Amendment (Real Estate Reform Review and Other Matters) Act 2013 and these regulations;
principal regulations means the Land and Business (Sale and Conveyancing) Regulations 2010;
vendor, in relation to a vendor's statement, means the vendor of the land or business to which the statement relates and includes any agent, accountant or other person involved in the preparation or use of the statement for the purposes of Part 2 of the Act.
	(2)	A reference in this regulation to the date of service of a vendor's statement is, where a notice of amendment to the statement is served for the purposes of section 10 of the Act, a reference to the presumed date of service of the statement under that section.
	(3)	Where a vendor's statement is prepared for the purposes of Part 2 of the Act, the vendor is exempt from compliance with the new requirements relating to the form and content of a vendor's statement if—
	(a)	the statement is a statement prepared not more than 2 months before and not more than 2 months after the commencement of these regulations; and
	(b)	the statement has an attachment that is—
	(i)	if the statement relates to the sale of land only—in the form set out in Schedule 1 of these regulations; or
	(ii)	if the statement relates to the sale of a small business, or a small business and land—in the form set out in Schedule 2; and
	(c)	subject to paragraph (b), the statement complies with the old requirements relating to the form and content of the statement; and
	(d)	the statement is accurate as at the date of service of the statement on the purchaser.
	(4)	A vendor's statement for which an exemption under this regulation applies to the vendor will be taken to comply with the principal regulations as varied by these regulations.
Schedule 1—Attachment for Form 1
Attachment for Form 1
Notice to Purchaser: Cooling‑off
	To the purchaser:
Your right to notify the vendor in writing of your intention not to be bound by a contract of sale that you have entered into (your right to serve a cooling‑off notice) and the restrictions on that right, are set out in Part B of the attached vendor's statement.
Owing to recent changes in the law, the description of these matters in Part B is no longer completely accurate. Please note the following changes:
	1.	Service of cooling‑off notice
Part B clause 4 sets out the methods of service of a cooling‑off notice. Please note that in addition to the methods of service of the cooling‑off notice described in Part B clause 4, the cooling‑off notice may be transmitted by email to the following email address:
(being an address provided to you by the vendor for the purpose of service of the notice).
Note—
Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling‑off notice on the purchaser. It is therefore strongly recommended that if you intend to serve the notice by email, you obtain a record of transmission of the email.
	2.	Cooling-off by corporations
Part B clause 1(d) currently indicates that a body corporate cannot cool‑off. That is no longer the case. A body corporate can now cool‑off if the land is residential land within the meaning of the Land and Business (Sale and Conveyancing) Act 1994.
Schedule 2—Attachment for Form 2
Attachment for Form 2
Notice to Purchaser: Service of cooling‑off notice
	To the purchaser:
Your right to notify the vendor in writing of your intention not to be bound by a contract of sale that you have entered into (your right to serve a cooling‑off notice) and the restrictions on that right, are set out in Part B of the attached vendor's statement.
Owing to recent changes in the law, please note that in addition to the methods of service of the cooling‑off notice described in Part B clause 4, the cooling‑off notice may be transmitted by email to the following email address:
(being an address provided to you by the vendor for the purpose of service of the notice).
Note—
Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling‑off notice on the purchaser. It is therefore strongly recommended that if you intend to serve the notice by email, you obtain a record of transmission of the email.
Land and Business (Sale and Conveyancing) Variation Regulations 2014 (No 56 of 2014), Sch 1
1—Interpretation
	(1)	In this Schedule—
1 January variation regulations means the Land and Business (Sale and Conveyancing) Variation Regulations 2013 (No 312 of 2013, see Gazette 19.12.2013 p5148), which came into operation on 1 January 2014;
Act means the Land and Business (Sale and Conveyancing) Act 1994;
pre‑1 January requirements means the requirements of the principal regulations as in force immediately before the commencement of the 1 January variation regulations;
principal regulations means the Land and Business (Sale and Conveyancing) Regulations 2010;
post‑1 January requirements means the requirements of the principal regulations as in force immediately before the commencement of these regulations.
	(2)	A reference in this Schedule to the date of service of a vendor's statement is, where a notice of amendment to the statement is served for the purposes of section 10 of the Act, a reference to the presumed date of service of the statement under that section.
2—Vendor's statement prepared before or after commencement of these regulations that complies with pre‑1 January requirements
A vendor's statement for the purposes of section 7 of the Act prepared before or after the commencement of these regulations will be taken to comply with the principal regulations as varied by these regulations if it is a statement for which an exemption applies to the vendor under regulation 13 of the 1 January variation regulations and that is taken under that regulation to comply with the principal regulations as varied by the 1 January variation regulations.
Note—
Regulation 13 of the 1 January variation regulations (a transitional provision) applies only in relation to vendor's statements prepared not more than 2 months before and not more than 2 months after 1 January 2014 that comply with the pre‑1 January requirements relating to the form and content of the statement and that satisfy the other requirements of that regulation.
3—Vendor's statement prepared before commencement of these regulations that complies with post‑1 January requirements
A vendor's statement for the purposes of section 7 of the Act prepared before the commencement of these regulations will be taken to comply with the principal regulations as varied by these regulations if it—
	(a)	was prepared on or after 1 January 2014 and before the commencement of these regulations; and
	(b)	complies with the post‑1 January requirements; and
	(c)	is accurate as at the date of service of the statement on the purchaser.
4—Vendor's statement prepared on or after the commencement of these regulations that complies with post‑1 January requirements
A vendor's statement for the purposes of section 7 of the Act prepared on or after the commencement of these regulations will be taken to comply with the principal regulations as varied by these regulations if—
	(a)	it is prepared not more than 2 months after the commencement of these regulations; and
	(b)	it complies with the post‑1 January requirements; and
	(c)	it is accurate as at the date of service of the statement on the purchaser.
Historical versions
1.7.2011		
1.7.2012		
1.7.2013		
1.1.2014		
13.2.2014		
1.7.2014		
1.7.2015		
1.7.2016 (electronic only)		
4.7.2016