Land Valuers Licensing Act 1978
Land Valuers Licensing Regulations 1979
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Reprinted under the Reprints Act 1984 as |
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at 6 January 2012 |
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Land Valuers Licensing Regulations 1979
CONTENTS
1.Citation1
2.Terms used1
4.Fees (Sch. 1)1
4A.Periods prescribed (Act s. 21(1) and 22(1))2
5.Notice of application for licence, advertisement of (Act s. 17(2))2
5A.Duplicate licence, issue of2
6.Particulars in register prescribed (Act s. 29)3
7.Change of particulars, licensee to notify Commissioner3
8.Degrees etc. prescribed (Act s. 19(c))4
9.Fees and costs, recovery of4
10.Infringement notices, offences etc. prescribed (Sch. 2)5
11.Infringement notices, forms prescribed (Sch. 3)5
Schedule 1 — Fees
Schedule 2 — Prescribed offences and modified penalties
Schedule 3 — Forms
Notes
Compilation table11
Defined Terms
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Reprinted under the Reprints Act 1984 as |
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at 6 January 2012 |
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Land Valuers Licensing Act 1978
Land Valuers Licensing Regulations 1979
These regulations may be cited as the Land Valuers Licensing Regulations 1979 1.
In these regulations —
Act means the Land Valuers Licensing Act 1978;
Commissioner has the same meaning as it has in the Fair Trading Act 2010;
section means section of the Act.
[Regulation 2 amended in Gazette 22 Sep 2006 p. 4119; 30 Jun 2011 p. 2649.]
[3.Deleted in Gazette 30 Jun 2011 p. 2650.]
(1)The fees set forth in Schedule 1 shall be payable in respect of the matters prescribed in that Schedule.
(2)If a licence is renewed in accordance with section 22 after the day on which the licence expired, a late fee equal to one quarter of the fee specified in item 2 of Schedule 1 for the renewal of the licence is payable in addition to that specified fee.
[Regulation 4 amended in Gazette 25 Jun 1996 p. 2922; 27 Jun 2006 p. 2256.]
4A.Periods
(1)For the purposes of section 21(1), the period prescribed is 3 years.
(2)For the purposes of section 22(1), the further prescribed period is 3 years.
[Regulation 4A inserted in Gazette 25 Jun 1996 p. 2922.]
5.Notice of application for licence
(1)Notice of an application for the grant of a licence to be advertised pursuant to section 17(2) —
(a)shall be in an approved form; and
(b)shall be published by the applicant in a newspaper circulating in the State, within 14 days after the application is made.
(2)An applicant for a licence shall lodge with the Commissioner the whole page of the newspaper, in which notice of his application was advertised in accordance with this regulation.
[Regulation 5 amended in Gazette 30 Jun 2011 p. 2650.]
5A.Duplicate licence, issue of
If the Commissioner is satisfied that a licence has been lost, stolen or destroyed, the Commissioner may issue a duplicate licence on payment of the prescribed fee.
[Regulation 5A inserted in Gazette 27 Jun 2006 p. 2256; amended in Gazette 30 Jun 2011 p. 2650.]
6.Particulars in register
In the register of licensees kept by him pursuant to section 29 the Commissioner shall record in respect of each licensee the following particulars —
(a)the name and address of the licensee; and
(b)where the licensee carries on business as a land valuer under a business name — that business name and the address of any places of business; and
(c)where the licensee is a director, partner or employee of a company or firm — the name and address of the company or firm; and
(d)where the licensee is employed in a department of the public service of the State or the Commonwealth or by a statutory authority, agency or instrumentality of the Crown in right of the State or the Commonwealth the name and address of the department, authority, agency or instrumentality; and
(e)the licence number of the licence issued to the licensee and the date of its issue; and
(f)particulars of any surrender, expiry, suspension or cancellation of the licence; and
(g)particulars provided by the licensee pursuant to regulation 7.
[Regulation 6 amended in Gazette 25 Jun 1996 p. 2923; 30 Jun 2011 p. 2650.]
7.Change of particulars
A licensee shall, within one month of any change of circumstance that is relative to the information kept in the register, notify the Commissioner in writing of that change.
Penalty $100.
[Regulation 7 amended in Gazette 30 Jun 2011 p. 2650.]
8.
(1)The following degrees are prescribed under section 19(c) —
(a)the degree of Bachelor of Business (Valuation and Land Administration) awarded by the Western Australian Institute of Technology 2; and
(b)the degree of Bachelor of Business (Valuation and Land Economy) awarded by the Western Australian Institute of Technology 2; and
(c)the degree of Bachelor of Business (Valuation and Land Economy) awarded by the Curtin University of Technology; and
(d)the degree of Bachelor of Commerce (Property) awarded by the Curtin University of Technology.
(2)The following certificates or other awards are prescribed under section 19(c) —
(a)membership of the Royal Institution of Chartered Surveyors as a Chartered General Practice Surveyor obtained before 1 January 2000;
(b)membership of the Royal Institution of Chartered Surveyors as a Chartered Valuation Surveyor obtained before, on or after 1 January 2000;
(c)membership of the Royal Institution of Chartered Surveyors as a Chartered Commercial Property Surveyor obtained before, on or after 1 January 2000.
[Regulation 8 inserted in Gazette 27 Jan 1995 p. 285; amended in Gazette 14 Mar 2008 p. 830.]
9.Fees and costs
(1)The amount of —
(a)any fees prescribed by these regulations;
[(b)deleted]
(c)any costs ordered to be paid to the Commissioner upon the determination of any proceedings,
is a debt due to the Crown in right of the State and may be sued for and recovered by the Commissioner in any court of competent jurisdiction.
(2)Where, upon the determination of any proceedings, the court or tribunal makes an order for costs in favour of a person other than the Commissioner the amount of those costs is a debt due to that person by the person against whom the order is made and may be sued for and recovered by the first‑mentioned person in any court of competent jurisdiction.
[Regulation 9 amended in Gazette 30 Dec 2004 p. 6923; 30 Jun 2011 p. 2651.]
10.Infringement notices, offences etc. prescribed (Sch. 2)
(1)The offences specified in Schedule 2 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.
(2)The modified penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.
(3)The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of the Criminal Procedure Act 2004.
(4)The Commissioner is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
[Regulation 10 inserted in Gazette 22 Sep 2006 p. 4119-20.]
11.Infringement notices, forms prescribed (Sch. 3)
The forms set out in Schedule 3 are prescribed in relation to the matters specified in those forms.
[Regulation 11 inserted in Gazette 22 Sep 2006 p. 4120.]
[r. 4 and 5A]
[Heading inserted in Gazette 22 Jun 2011 p. 2364.]
Table
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Item |
Description of fee |
$ |
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1. |
Grant of licence (for 3 years) |
723.00 |
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2. |
Renewal of licence (for 3 years) |
723.00 |
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3. |
Issue of duplicate licence |
31.75 |
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4. |
Inspection of register |
10.50 |
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5. |
Certificate as to an individual registration in register — first page each subsequent page |
10.50 2.00 |
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6. |
Certificate as to all registrations in register |
129.00 |
[Schedule 1 inserted in Gazette 22 Jun 2011 p. 2364.]
Schedule 2 — Prescribed offences and modified penalties
[r. 10]
[Heading inserted in Gazette 22 Sep 2006 p. 4120.]
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Modified penalty |
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s. 23(1) |
Unlicensed person on business as land valuer ........ |
$100 |
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s. 24 |
Unlicensed person claiming to be licensed ............. |
$100 |
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s. 25(3) |
Demanding or receiving remuneration in excess of permitted amount ................................................ |
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Modified penalty |
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r. 7 |
Failing to notify Commissioner of change of particulars ................................................................ |
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[Schedule 2 inserted in Gazette 22 Sep 2006 p. 4120; amended in Gazette 30 Jun 2011 p. 2651.]
[r. 11]
[Heading inserted in Gazette 22 Sep 2006 p. 4120.]
Form 1 — Infringement notice
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Infringement notice |
Infringement |
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Alleged offender |
Name:Family name |
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Given names |
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orCompany name ____________________________________ ACN |
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Address ________________________________________________ Postcode |
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Alleged offence |
Description of offence _____________________________________ |
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Land Valuers Licensing Act 1978 s. Land Valuers Licensing Regulations 1979 r. |
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Date //20Time a.m./p.m. |
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Modified penalty $ |
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Officer issuing notice |
Name |
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Signature |
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Office |
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Date |
Date of notice //20 |
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Notice to alleged offender |
It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. How to pay By post: Send a cheque or money order (payable to ‘Approved Officer — Land Valuers Licensing Act 1978’) to: Approved Officer — Land Valuers Licensing Act 1978 Department of Commerce — Consumer Protection Locked Bag In person: Pay the cashier at: Department of Commerce — Consumer Protection 219 If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act your driver’s licence and/or vehicle licence may be suspended. If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Approved Officer at the above postal address. |
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If you want this matter to be dealt with by prosecution in court, sign here ______________________________________________ |
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[Form 1 inserted in Gazette 22 Sep 2006 p. 4120‑1; amended in Gazette 30 Jun 2011 p. 2651.]
Form 2 — Withdrawal of infringement notice
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Land Valuers Licensing Act 1978 Withdrawal of infringement notice |
Withdrawal no. |
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Alleged offender |
Name:Family name |
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Given names |
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orCompany name _____________________________________ ACN |
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Address _________________________________________________ Postcode |
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Infringement notice |
Infringement notice no. |
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Date of issue //20 |
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Alleged offence |
Description of offence _____________________________________
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Land Valuers Licensing Act 1978 s. Land Valuers Licensing Regulations 1979 r. |
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Date //20Timea.m./p.m. |
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Officer withdrawing notice |
Name |
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Signature |
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Office |
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Date |
Date of withdrawal //20 |
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Withdrawal of infringement notice
[*delete |
The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund. *Your refund is enclosed. or *If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to: Approved Officer — Land Valuers Licensing Act 1978 Department of Commerce — Consumer Protection Locked Bag Signature//20 |
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[Form 2 inserted in Gazette 22 Sep 2006 p. 4121‑2; amended in Gazette 30 Jun 2011 p. 2652.]
1This reprint is a compilation as at 6 January 2012 of the Land Valuers Licensing Regulations 1979 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Land Valuers Licensing Regulations 1979 |
22 Jun 1979 p. 1698‑9 |
22 Jun 1979 |
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Land Valuers Licensing Amendment Regulations 1983 |
18 Nov 1983 p. 4613 |
1 Jan 1984 (see r. 2) |
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Land Valuers Licensing Amendment Regulations 1985 |
21 Jun 1985 p. 2262 |
21 Jun 1985 |
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Land Valuers Licensing Amendment Regulations 1986 |
30 May 1986 p. 1816 |
1 Jul 1986 (see r. 2) |
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Land Valuers Licensing Amendment Regulations 1987 |
4 Sep 1987 p. 3518 |
4 Sep 1987 |
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Land Valuers Licensing Amendment Regulations 1988 |
5 Aug 1988 p. 2604 |
5 Aug 1988 |
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Land Valuers Licensing Amendment Regulations (No. 2) 1988 |
2 Sep 1988 p. 3465 |
2 Sep 1988 |
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Land Valuers Licensing Amendment Regulations 1989 |
11 Aug 1989 p. 2679 |
11 Aug 1989 3 |
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Land Valuers Licensing Amendment Regulations 1990 |
1 Aug 1990 p. 3655 |
1 Aug 1990 |
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Land Valuers Licensing Amendment Regulations 1991 |
13 Dec 1991 p. 6165 |
13 Dec 1991 |
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Land Valuers Licensing Amendment Regulations 1992 |
14 Aug 1992 p. 4010‑11 |
14 Aug 1992 |
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Land Valuers Licensing Amendment Regulations 1993 |
30 Nov 1993 p. 6405‑6 |
30 Nov 1993 |
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Land Valuers Licensing Amendment Regulations 1995 |
27 Jan 1995 p. 285 |
27 Jan 1995 |
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Land Valuers Licensing Amendment Regulations 1996 |
25 Jun 1996 p. 2922‑3 |
1 Jul 1996 (see r. 2 and Gazette 1 Jul 1996 p. 3179) |
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Reprint of the Land Valuers Licensing Regulations 1979 as at 31 Mar 2000 (includes amendments listed above) |
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Land Valuers Licensing Amendment Regulations 2002 |
28 Jun 2002 p. 3056‑7 |
1 Jul 2002 (see r. 2) |
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Land Valuers Licensing Amendment Regulations 2003 |
27 Jun 2003 p. 2552 |
1 Jul 2003 (see r. 2) |
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Land Valuers Licensing Amendment Regulations 2004 |
30 Dec 2004 p. 6923 |
1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130) |
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Land Valuers Licensing Amendment Regulations 2005 |
28 Jun 2005 p. 2911 |
1 Jul 2005 (see r. 2) |
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Reprint 2: The Land Valuers Licensing Regulations 1979 as at 3 Mar 2006 (includes amendments listed above) |
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Land Valuers Licensing Amendment Regulations (No. 2) 2006 |
27 Jun 2006 p. 2256-7 |
1 Jul 2006 (see r. 2) |
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Land Valuers Licensing Amendment Regulations 2006 |
22 Sep 2006 p. 4118‑22 |
22 Sep 2006 (see r. 2(a)) |
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Land Valuers Licensing Amendment Regulations 2007 |
15 Jun 2007 p. 2782 |
r. 1 and 2: 15 Jun 2007 (see r. 2(a)); |
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Land Valuers Licensing Amendment Regulations (No. 2) 2007 |
14 Mar 2008 p. 829-30 |
r. 1 and 2: 14 Mar 2008 (see r. 2(a)); |
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Reprint 3: The Land Valuers Licensing Regulations 1979 as at 11 Apr 2008 (includes amendments listed above) |
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Land Valuers Licensing Amendment Regulations 2008 |
17 Jun 2008 p. 2566-7 |
r. 1 and 2: 17 Jun 2008 (see r. 2(a)) |
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Land Valuers Licensing Amendment Regulations 2009 |
23 Jun 2009 p. 2442‑3 |
r. 1 and 2: 23 Jun 2009 (see r. 2(a)); |
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Land Valuers Licensing Amendment Regulations 2010 |
25 Jun 2010 p. 2847-8 |
r. 1 and 2: 25 Jun 2010 (see r. 2(a)); |
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Land Valuers Licensing Amendment Regulations (No. 2) 2011 |
22 Jun 2011 p. 2363-4 |
r. 1 and 2: 22 Jun 2011 (see r. 2(a)); |
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Land Valuers Licensing Amendment Regulations (No. 3) 2011 |
30 Jun 2011 p. 2649-52 |
r. 1 and 2: 30 Jun 2011 (see r. 2(a)); |
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Reprint 4: The Land Valuers Licensing Regulations 1979 as at 6 Jan 2012 (includes amendments listed above) |
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2The
3The commencement date of 1 Jul 1989 that was specified was before the date of gazettal.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
Commissioner2
section2