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Agent Representative Agreement for Australia

Agent Representative Agreement Template for Australia

An Agent Representative Agreement under Australian law is a comprehensive legal document that establishes and governs the relationship between a principal and their appointed agent representative. The agreement outlines the agent's authority to act on behalf of the principal, including specific powers, limitations, duties, and compensation structures. It incorporates relevant Australian federal and state legislation, including provisions from the Competition and Consumer Act 2010, and addresses key aspects such as territory rights, performance expectations, reporting requirements, and termination conditions. The document includes necessary safeguards for both parties while ensuring compliance with Australian commercial and agency law principles.

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What is a Agent Representative Agreement?

The Agent Representative Agreement is essential for businesses operating in Australia that wish to appoint individuals or entities to act on their behalf in commercial dealings. This document is particularly crucial when establishing formal agency relationships that comply with Australian federal and state legislation. The agreement comprehensively covers the appointment terms, scope of authority, duties, remuneration, and termination provisions. It is designed to protect both the principal's interests in delegating authority and the agent's rights in performing their duties. The document typically includes specific provisions for compliance with Australian consumer law, trade practices legislation, and relevant industry regulations. The Agent Representative Agreement is commonly used across various industries and can be customized to address specific business needs while maintaining legal compliance.

What sections should be included in a Agent Representative Agreement?

1. Parties: Identification of the Principal and the Agent Representative, including full legal names, ABN/ACN, and registered addresses

2. Background: Context of the agreement, nature of the Principal's business, and purpose of appointing the Agent Representative

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the agreement

4. Appointment and Scope: Formal appointment of the Agent Representative and detailed scope of authority

5. Term: Duration of the agreement, including commencement date and renewal provisions

6. Agent's Authority: Specific powers granted to the Agent Representative and any limitations on authority

7. Duties and Obligations of Agent: Detailed responsibilities, performance standards, and compliance requirements

8. Principal's Obligations: Responsibilities of the Principal, including provision of information and support

9. Remuneration: Commission structure, payment terms, and calculation methods

10. Expenses and Reimbursement: Guidelines for approved expenses and reimbursement procedures

11. Reporting Requirements: Regular reporting obligations and documentation requirements

12. Intellectual Property: Ownership and usage rights of trademarks, materials, and other IP

13. Confidentiality: Protection of confidential information and trade secrets

14. Non-Competition and Non-Solicitation: Restrictions on competitive activities and client solicitation

15. Termination: Grounds for termination, notice requirements, and consequences

16. Post-Termination Obligations: Obligations surviving termination and handover requirements

17. Indemnity and Liability: Mutual indemnification provisions and limitation of liability

18. Insurance: Required insurance coverage and minimum policy requirements

19. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

What sections are optional to include in a Agent Representative Agreement?

1. Sub-Agents: Include when the Agent Representative is permitted to appoint sub-agents

2. International Operations: Include for cross-border activities and international trade requirements

3. Digital Services: Include when the agent will use or provide digital platforms or services

4. Training and Support: Include when specific training or ongoing support will be provided

5. Performance Targets: Include when specific performance metrics or KPIs are required

6. Marketing and Promotion: Include when the agent has specific marketing responsibilities or restrictions

7. Data Protection: Include detailed data handling procedures when dealing with sensitive information

8. Force Majeure: Include specific provisions for unforeseen circumstances affecting performance

9. Dispute Resolution: Include specific dispute resolution procedures beyond standard legal remedies

What schedules should be included in a Agent Representative Agreement?

1. Schedule 1 - Territory: Detailed description of geographical territory or market segment

2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates and calculation methods

3. Schedule 3 - Approved Products/Services: List of products or services the Agent is authorized to represent

4. Schedule 4 - Reporting Templates: Standard forms and templates for required reports

5. Schedule 5 - Service Level Requirements: Detailed performance standards and metrics

6. Appendix A - Power of Attorney: Specific powers granted to the Agent (if applicable)

7. Appendix B - Compliance Procedures: Detailed compliance requirements and procedures

8. Appendix C - Marketing Guidelines: Approved marketing practices and brand usage guidelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions

















































Clauses








































Relevant Industries

Real Estate

Financial Services

Insurance

Manufacturing

Technology

Retail

Wholesale Distribution

Professional Services

Import/Export

Telecommunications

Healthcare

Construction

Automotive

Agriculture

Relevant Teams

Legal

Commercial

Sales

Business Development

Compliance

Operations

Contract Administration

Risk Management

Channel Management

Distribution

Agency Management

Partnership Management

Relevant Roles

Chief Executive Officer

Commercial Director

Business Development Manager

Sales Director

Legal Counsel

Compliance Officer

Contract Manager

Regional Manager

Sales Representative

Channel Manager

Distribution Manager

Agency Manager

Operations Director

Business Owner

Managing Director

Partnership Manager

Relationship Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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