POWERLINK QUEENSLAND - Standard Terms and Conditions for Property Searches
1. Definitions and interpretation
1.1 In these Standard Terms and Conditions:
(1) Application means a Counter Application, a Mail Application or an Internet Application;
(2) Agreement means the Agreement made between You and Powerlink Queensland for the provision of
Search Information by Powerlink Queensland in accordance with an Application lodged by You, and
includes:
(a) the Application; and
(b) the Standard Terms and Conditions.
(3) Bank means the Commonwealth Bank of Australia;
(4) Counter Application means a properly completed Form including a copy of the registered sub divisional
plan of the property lodged over the counter at Powerlink Queensland;
(5) Fee means the fee charged by Powerlink Queensland for Search Information as specified on the Form
published from time to time by Powerlink Queensland;
(6) Form means the standard property search application form published from time to time by Powerlink
Queensland on the Website;
(7) Internet Application means a properly completed Form lodged electronically;
(8) Powerlink Queensland means Queensland Electricity Transmission Corporation Limited ACN 078 849
233;
(9) Priority Application means an Application designated on the completed Form as a priority application;
(10) Search Information means the information to be provided to You by Powerlink in response to an
Application;
(11) Mail Application means a properly completed Form lodged by mail;
(12) Standard Application means an Application that is not a Priority Application;
(13) Standard Terms and Conditions means these terms and conditions as varied and published by
Powerlink Queensland on the Website from time to time;
(14) Third Party means a party other than a party to the Agreement;
(15) We means Powerlink Queensland;
(16) Website means the website www.powerlink.com.au;
(17) You means a person who has lodged an Application with Powerlink Queensland.
1.2 Interpretation
(1) Reference to:
(a) one gender includes the others;
(b) the singular includes the plural and the plural includes the singular;
(c) a person includes a body corporate;
(d) a party includes the party’s executors, administrators, successors and permitted assigns;
(e) money is to Australian dollars, unless otherwise stated.
(2) “Including” and similar expressions are not words of limitation.
(3) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms
of that word or expression have a corresponding meaning.
(4) Headings and any table of contents or index are for convenience only and do not form part of this
Agreement or affect its interpretation.
(5) A provision of this Agreement must not be construed to the disadvantage of a party merely because that
party was responsible for the preparation of the Agreement or the inclusion of the provision in the
Agreement.
1.3 Parties
(1) If a party consists of more than 1 person, this Agreement binds each of them separately and any 2 or more
of them jointly.
(2) An obligation, representation or warranty in favour of more than 1 person is for the benefit of them
separately and jointly.
(3) A party which is a trustee is bound both personally and in its capacity as a trustee.
2. The Agreement
2.1 By lodging an Application you make an irrevocable offer to Powerlink Queensland to enter into an
Agreement for the provision of Search Information in accordance with these Standard Terms and Conditions.
2.2 The Agreement will commence when Powerlink Queensland:
(1) receives and processes an Application; and
(2) receives in cleared funds, and processes payment of, the Fee.
2.3 Powerlink Queensland is not obliged to notify You if for any reason we do not receive or are unable to
process:
(1) the Application; or
(2) payment of the Fee.
2.4 You must be at least 18 years of age to lodge an Application.
3. Terms of payment
3.1 The Fee is payable to Powerlink Queensland in advance.
3.2 Payment of the Fee for Internet Searches must be made using the Bank’s secure payment service.
3.3 Powerlink Queensland will not be liable for any loss or damage, whether direct or indirect, arising from or in
connection with payment or attempted payment of the Fee using the Bank’s secure payment service.
3.4 If Powerlink Queensland receives the Fee through the Bank’s secure payment service, but does not receive
or is unable to process the Application for any reason, we may refund the payment to you without further
notice.
4. Delivery of Searches
4.1 Powerlink Queensland will use its reasonable endeavours to provide Search Information in response to an
Application within the following timeframes:
(1) Counter Applications – immediately after the Application is processed by Powerlink Queensland;
(2) Standard Applications – posted by ordinary mail within 10 days of the date the Agreement commences
under clause 2.2; and
(3) Priority Applications – by facsimile transmission by close of business on the next business day following
commencement of the Agreement under clause 2.2.
4.2 Without limiting the generality of clause 9 of these Standard Terms and Conditions, Powerlink Queensland
will not be liable for any loss or damage, whether direct or indirect, arising from or in connection with:
(1) any delay in the provision of Search Information in response to an Application; or
(2) failure by Powerlink Queensland to comply with the timeframes in clause 4.1.
5. Search information
5.1 The Search Information will contain such information as is deemed by Powerlink Queensland, in its
absolute discretion, to respond to the Application.
5.2 Powerlink Queensland is not:
(1) responsible for any failure by You to provide sufficient or correct information in the Application;
or
(2) obliged to:
(a) notify You if for any reason You have failed to provide sufficient or correct information in the Application;
or
(b) clarify with You any aspect of the Application.
6. Website
6.1 You must not:
(1) misuse the Website;
(2) use the Website for any unauthorised or improper purpose; or
(3) take any action in relation to the Website which leads to or may lead to software contamination,
including introducing computer viruses, worms or Trojans.
6.2 You acknowledge that Powerlink Queensland does not use encryption for Internet Applications.
6.3 You acknowledge the Agreement does not oblige Powerlink Queensland to provide You with access to the
Website.
6.4 Powerlink Queensland cannot guarantee and does not warrant or represent that any information or data
included by You in an Internet Application:
(1) will remain secure; or
(2) will not be exposed to unauthorised access, use, modification or disclosure.
6.5 Powerlink Queensland does not warrant that the Website or any services provided through the Website will
be uninterrupted, error free, or free of viruses or other harmful components.
7. Variations
7.1 Powerlink Queensland may vary at any time by publishing an update on the Website:
(1) these Standard Terms and Conditions; or
(2) the Form.
7.2 Powerlink Queensland reserves the right to reject any application contained in a superseded form.
8. Termination
8.1 Powerlink Queensland may terminate the Agreement at any time without notice by refunding the Fee to You.
8.2 Without prejudice to its other rights and remedies, Powerlink Queensland may at any time terminate the
Agreement without notice if You breach any term of the Agreement.
8.3 If Powerlink Queensland terminates the Agreement under clause 8.2, without prejudice to its other rights
and remedies it may retain any Fee paid by You.
9. Exclusion of liability
9.1 Powerlink Queensland will not be liable for any act matter or thing arising from or in connection with the
Agreement, the Website or any Search Information provided to You, except to the extent that liability
cannot be excluded at law.
9.2 To the extent permitted by law, the liability of Powerlink Queensland under any condition or warranty
which cannot legally be excluded is limited to:
(1) the amount of the Fee paid by You;
(2) providing the Search Information again; or
(3) the cost of providing the Search Information again.
9.3 You acknowledge that any map provided to You by Powerlink Queensland in response to an Application is:
(1) provided as a guide only; and
(2) based on information provided by the State of Queensland and passed on by Powerlink Queensland in
good faith.
9.4 Powerlink Queensland does not guarantee or warrant the accuracy, completeness or currency of any
information contained in any map provided in response to an Application and reserves the right to make
changes to such information at any time.
10. Third Party Indemnity
10.1 You indemnify Powerlink Queensland against any liability, loss, damage, costs or expenses incurred
or suffered by Powerlink Queensland arising directly or indirectly from or in connection with any claim,
action, demand or proceeding by a Third Party against Powerlink Queensland arising out of:
(1) Your use of the Website;
(2) the Application made by You;
(3) the Agreement; or
(4) the provision by Powerlink Queensland to You of any Search Information.
11. Intellectual property
11.1 You do not acquire any intellectual property rights in any Application or Search Information.
12. Privacy
12.1 Powerlink’s privacy policy is displayed on the Website.
13. Dispute resolution
13.1 If a dispute arises in connection with the Agreement the parties must comply with this clause 13.
13.2 The party initiating the dispute must give written notice to the other party specifying the dispute
and requiring its resolution under this clause 13 (Notice of Dispute).
13.3 If You give or receive a Notice of Dispute You must confer with the Manager Transmission
Environment within 14 days after the Notice of Dispute to try to resolve the dispute.
13.4 If the dispute is not resolved within 14 days after the Notice of Dispute is given, the dispute is
by this clause submitted to mediation. The mediation must be conducted in Brisbane.
13.5 If the parties have not agreed upon a mediator to mediate the dispute within 7 days after the
dispute is submitted to mediation the mediator will be the person appointed by the President of
the Queensland Law Society or the President’s nominee upon the request of a party to the dispute.
13.6 The parties must pay the mediator’s remuneration in equal shares. Each party must pay its own costs
of the mediation.
13.7 If the dispute is not resolved within 30 days after the appointment of the mediator either party may
commence court proceedings in relation to the dispute in any court of competent jurisdiction.
13.8 Despite anything in this clause 13, a party at any time may commence court proceedings in relation
to any dispute or claim arising under or in connection with this Agreement where that party seeks urgent
interlocutory relief.
14. Entire understanding
14.1 The Agreement:
(1) is the entire agreement and understanding between the parties on everything connected with the subject
matter of the Agreement; and
(2) supersedes any prior agreement or understanding on anything connected with that subject matter.
15. Waiver
15.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
15.2 The exercise of a power or right does not preclude either its exercise in the future or the exercise of any
other power or right.
15.3 A waiver is not effective unless it is in writing.
15.4 Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the
specific purpose for which it is given.
16. Severability
16.1 If anything in a contract governed by these terms and conditions is unenforceable, illegal or void then it is
severed and the rest of the contract remains in force.
17. Governing law and jurisdiction
17.1 The law of Queensland governs the Agreement.
17.2 The parties submit to the exclusive jurisdiction of the courts of Queensland and of the Commonwealth of
Australia and agree that any lawsuit must be heard in those courts.