Real Estate and Business Agents Act 1978
Real Estate and Business Agents (General) Regulations 1979
Western Australia
Real Estate and Business Agents (General) Regulations 1979
Contents
1.Citation1
2.Terms used1
3A.Prescribed duty (Act s. 4(4)(d))4
4.Fees (Sch. 1)4
4A.Holding fee4
4AAA.Refund of fees in response to COVID‑19 pandemic5
4AA.CPD activities6
4AB.Prescribed educational requirement for licensees who are individuals (Act s. 40B)7
4AC.Prescribed educational requirement for sales representatives (Act s. 50C)8
4B.Prescribed periods (Act s. 48(1), (2) and 49(2))8
6.Prescribed examinations for licence applicants (Act Sch. 1 cl. 1(a))8
6A.Prescribed qualifications for certificate applicants (Act s. 47(2))13
6B.Certificate of registration, grant of (Act s. 47)16
6BA.Appointment to act as agent, content of17
6BB.Prescribed transaction18
6C.Authorised financial institution (Act s. 67), classes of body prescribed19
6D.Trust accounts, designation of (Act s. 68(1))19
6E.Separate trust accounts, requests for, requirements prescribed (Act s. 68A(4))20
6F.Trust accounts, interest on (Act s. 68B(1))20
6G.Receipts by agents, information in (Act s. 69(1)(a))21
6H.Record keeping requirements21
7.Registers (Act s. 133(2))22
7AA.Lending institution (Act s. 131A), classes of body prescribed24
7B.Maximum amount prescribed (Act s. 131M(3))24
8.Changes in particulars, licensees to notify Commissioner of25
9.Fees and costs, recovery of25
10.Unsuccessful applicant for licence etc., refund to (Act s. 113)26
11.Real Estate and Business Agents Interest Account, application of (Act s. 127)26
12.Fidelity Guarantee Account, claims against26
13.Codes of conduct prescribed to be published (Act s. 101)27
14.Infringement notices27
15.Forms (Sch. 2)27
Schedule 1 — Fees
Schedule 1A — Professional development subjects
Schedule 2 — Forms
Schedule 3 — Prescribed offences and modified penalties
Notes
Compilation table37
Other notes44
Defined terms
Real Estate and Business Agents Act 1978
Real Estate and Business Agents (General) Regulations 1979
These regulations may be cited as the Real Estate and Business Agents (General) Regulations 1979.
(1)In these regulations, unless the contrary intention appears —
calendar year means a period of 12 months beginning on 1 January;
CPD activity, in relation to a calendar year, means an educational activity approved for that calendar year in accordance with regulation 4AA(1);
CPD subject means a subject listed in Schedule 1A;
designated period means the period —
(a)beginning on the day on which the Commerce Regulations Amendment (COVID‑19 Response) Regulations (No. 2) 2020 regulation 58 comes into operation; and
(b)ending on 31 March 2021;
educational activity means —
(a)attendance, including by means of audiolink or videolink, at a specific training course provided by a specific body or person and successful completion of any assessment requirements for that course; or
(b)attendance, including by means of audiolink or videolink, at a specific seminar presented by a specific body or person and successful completion of any assessment requirements for that seminar; or
(c)viewing of a specific recording, and successful completion of any assessment requirements for that viewing; or
(d)participation in a specific course of study, or a specific component of a course of study, and successful completion of any assessment requirements for that course or component;
mandatory CPD activity, in relation to the calendar year 2009 or any subsequent calendar year, means a CPD activity for that year which the Commissioner has specified as a mandatory CPD activity for that year in accordance with regulation 4AA(3)(b);
mandatory CPD subject, in relation to either of the calendar years 2007 and 2008, means a CPD subject which is a mandatory subject for that calendar year under or in accordance with regulations in force with respect to that calendar year;
point value means —
(a)in relation to a CPD activity approved for the calendar year 2009 or any subsequent calendar year, the point value specified under regulation 4AA(2)(a); and
(b)in relation to a CPD activity approved for either of the calendar years 2007 or 2008, the point value specified or determined in accordance with regulations in force at the time of approval;
record means a record under section 69(1)(b) of the Act;
register means the register referred to in regulation 7(b);
registered training provider has the same meaning as in section 5(1) of the Vocational Education and Training Act 1996;
regulated person means a licensee to whom regulation 4AB applies or a sales representative to whom regulation 4AC applies;
relevant day, for a calendar year, means —
(a)for the calendar year 2009, the day which is 14 days after the day on which regulation 5 of the Real Estate and Business Agents (General) Amendment Regulations 2009 comes into operation; and
(b)for the calendar year 2010 and each subsequent calendar year, 1 January in that calendar year;
restricted certificate (property management) means a certificate of registration that is subject to a special condition restricting the sales representative to property management transactions only;
restricted certificate (sales) means a certificate of registration that is subject to a special condition restricting the sales representative to sales transactions only;
unrestricted certificate means a certificate of registration that is neither a restricted certificate (property management) nor a restricted certificate (sales);
working day means a day that is not a Saturday, Sunday, public holiday or public service holiday.
(2)In these regulations a reference to the examinations required to be passed for the conferral of a particular degree or qualification is a reference to the examinations that are or were required to be passed for the conferral of that degree or qualification at any time when it is or was conferred.
(3)In these regulations a reference to a registered qualification, a training package or a module of a training package is a reference to a registered qualification, training package or module of a training package that is —
(a)recorded on the National Register on Vocational Education and Training managed by the Department of Education, Skills and Employment of the Commonwealth; and
(b)provided by a registered training provider.
[Regulation 2 inserted: Gazette 25 Jun 1996 p. 2918; amended: Gazette 7 Feb 2003 p. 385; 28 Dec 2007 p. 6403‑4; 17 Apr 2009 p. 1319‑21; 30 Jun 2011 p. 2671; 24 Dec 2019 p. 4417-18; SL 2020/196 r. 56; SL 2020/209 r. 4.]
[3.Deleted: Gazette 30 Jun 2011 p. 2669.]
3A.Prescribed duty (Act s. 4(4)(d))
For the purposes of section 4(4)(d) of the Act the prescribed duty is collecting a payment on behalf of the owner of premises from a person in respect of the right of that person to occupy the premises.
[Regulation 3A inserted: Gazette 24 Jul 2007 p. 3660.]
(1)The fees set out in Schedule 1 shall be payable in respect of the matters prescribed in that Schedule.
(2)If a certificate of registration is renewed in accordance with section 49 of the Act after the day on which the certificate expired, a late fee equal to one quarter of the fee specified in item 7 of Schedule 1 for the renewal of the certificate is payable in addition to that specified fee.
[Regulation 4 amended: Gazette 2 Jul 1982 p. 2334; 25 Jun 1996 p. 2924.]
(1)In this regulation —
holding fee means the fee set out in Schedule 1 item 12 and referred to in section 30(2a)(b) of the Act.
(2)The holding fee is payable —
(a)in the case of a licensee who, on the coming into operation of Part 8 of the Business Licensing Amendment Act 1995, holds a licence but does not hold a triennial certificate in respect of the licence, within 60 days after the coming into operation of that Part, and triennially after that payment; or
(b)in any other case, within 60 days after a licensee ceases to hold a current triennial certificate in respect of the licence held by the licensee, and triennially after that payment.
(3)The Commissioner may refund to a licensee —
(a)two‑thirds of the holding fee paid by the licensee if the licensee is granted a triennial certificate less than one year after paying the holding fee; or
(b)one‑third of the holding fee paid by the licensee if the licensee is granted a triennial certificate one year or more, but less than 2 years, after paying the holding fee.
[Regulation 4A inserted: Gazette 25 Jun 1996 p. 2924; amended: Gazette 17 Jun 2008 p. 2558; 30 Jun 2011 p. 2671; 18 Jun 2019 p. 2110.]
4AAA.Refund of fees in response to COVID‑19 pandemic
(1)In this regulation —
commencement day means the day on which the Commerce Regulations Amendment (COVID‑19 Response) Regulations (No. 2) 2020 regulation 58 comes into operation;
designated fee means a fee set out in Schedule 1 as in force on 1 April 2020;
reduced fee means a fee set out in Column 2 of Schedule 1.
(2)This regulation applies if —
(a)a person paid a designated fee during the period beginning on 1 April 2020 and ending on the day before commencement day; and
(b)the designated fee is greater than the corresponding reduced fee.
(3)The Commissioner must refund to the person an amount equal to the difference between the designated fee and the corresponding reduced fee.
(4)However, subregulation (3) does not require the Commissioner to refund an amount in respect of a fee or a part of a fee that has been refunded under regulation 4A(3).
[Regulation 4AAA inserted: SL 2020/196 r. 57.]
(1)For each calendar year the Commissioner is to approve educational activities in accordance with this regulation.
(2)In approving an educational activity under subregulation (1) —
(a)the Commissioner is to specify a point value for the educational activity, and may specify different point values in relation to different regulated persons or classes of regulated persons; and
(b)the Commissioner is to specify the CPD subject or CPD subjects in relation to which the educational activity is approved; and
(c)the Commissioner may approve the educational activity in relation only to specified regulated persons or a specified class of regulated persons.
(3)Before the relevant day for each calendar year, in relation to each regulated person —
(a)the Commissioner is to approve educational activities for that calendar year under subregulation (1) which have an aggregate point value of at least 10; and
(b)the Commissioner may specify one or more CPD activities for that calendar year as mandatory CPD activities for that calendar year.
(4)At any time after the relevant day for each calendar year the Commissioner may approve further educational activities for that calendar year under subregulation (1).
(5)Throughout each calendar year the Commissioner is to maintain on the website maintained by the Commissioner an up‑to‑date notice setting out —
(a)sufficient details to identify each CPD activity for that calendar year for each regulated person; and
(b)in relation to each CPD activity —
(i)the CPD subject to which it relates; and
(ii)its point value;
and
(c)if the Commissioner has specified mandatory CPD activities for that year in accordance with subregulation (3)(b), sufficient details to identify the mandatory CPD activities for each regulated person.
[Regulation 4AA inserted: Gazette 17 Apr 2009 p. 1321‑2; amended: Gazette 30 Jun 2011 p. 2671.]
4AB.Prescribed educational requirement for licensees who are individuals (Act s. 40B)
(1)For the purposes of section 40B of the Act, the prescribed educational requirement for a licensee who is an individual is that the licensee undertake CPD activities in each calendar year that —
(a)when the points specified for each activity under regulation 4AA(2)(a) are added together, have a total value of 10 points; and
(b)include any mandatory CPD activities in relation to that licensee for that calendar year.
(2)However, a licensee is not required to comply with subregulation (1) in the calendar year in which the licensee’s licence and triennial certificate are first issued.
[Regulation 4AB inserted: Gazette 24 Dec 2019 p. 4418.]
4AC.Prescribed educational requirement for sales representatives (Act s. 50C)
(1)For the purposes of section 50C of the Act, the prescribed educational requirement for a sales representative is that the representative undertake CPD activities in each calendar year that —
(a)when the points specified for each activity under regulation 4AA(2)(a) are added together, have a total value of 10 points; and
(b)include any mandatory CPD activities in relation to that sales representative for that calendar year.
(2)However, a sales representative is not required to comply with subregulation (1) in the calendar year in which the representative’s certificate of registration is first issued.
[Regulation 4AC inserted: Gazette 24 Dec 2019 p. 4418.]
4B.Prescribed periods (Act s. 48(1), (2) and 49(2))
(1)For the purposes of section 48(1) and (2) of the Act, the prescribed period is 3 years.
(2)For the purposes of section 49(2) of the Act, the prescribed period is 3 years.
[Regulation 4B inserted: Gazette 25 Jun 1996 p. 2924.]
[5.Deleted: Gazette 18 Nov 2014 p. 4324.]
6.Prescribed examinations for licence applicants (Act Sch. 1 cl. 1(a))
(1)The prescribed examinations for the purposes of Schedule 1 clause 1(a) of the Act are —
(a)the examinations required to be passed for the conferral by Curtin University of any of the following degrees or diplomas —
(i)Bachelor of Commerce (Property and Marketing);
(ii)Bachelor of Commerce (Property);
(iii)Bachelor of Commerce (Property and Finance);
(iv)Bachelor of Commerce (Property Development and Valuation);
(v)Bachelor of Commerce (Property Valuation);
(vi)Master of Property;
(vii)Graduate Diploma in Property;
or
(b)the examinations required to be passed for the conferral of a Diploma of Property Services (Agency Management) registered qualification CPP50307; or
(c)the examinations required to be passed for the conferral of a Diploma of Property (Agency Management) registered qualification CPP51119, together with any additional examinations prescribed for the applicant under subregulation (2); or
(d)for an applicant who was a licensee and who ceased to be licensed under section 30(2a) of the Act, the examinations which were prescribed under regulation 6 of these regulations immediately before the commencement of the Real Estate and Business Agents (General) Amendment Regulations 2003.
(2)Additional examinations are prescribed for an applicant mentioned in subregulation (1)(c) as shown in the Tables to this regulation according to the certificate of registration that the applicant holds.
Table 1 — Additional prescribed examinations
|
|
Additional prescribed examinations |
|
Unrestricted certificate acquired by completing the qualification prescribed in regulation 6A(3)(a) |
No additional examinations |
|
Any other unrestricted certificate |
Either: 1.the examinations required to be passed for successful completion of modules from the CPP Property Services Training Package listed in Table 2 to this regulation as follows — (a)each of the modules indicated as mandatory in Column 1; (b)any 3 of the modules indicated as elective in Column 1; or 2.the examinations required to be passed for the conferral of a Certificate IV in Property Services (Real Estate) registered qualification CPP40307. |
|
Restricted certificate (property management) |
Either: 1.the examinations required to be passed for successful completion of modules from the CPP Property Services Training Package listed in Table 2 to this regulation as follows — (a)each of the modules indicated as mandatory in Column 2; (b)any 3 of the modules indicated as elective in Column 2; or 2.the examinations required to be passed for the conferral of a Certificate IV in Property Services (Real Estate) registered qualification CPP40307. |
|
Restricted certificate (sales) |
Either: 1.the examinations required to be passed for successful completion of modules from the CPP Property Services Training Package which would be the prescribed qualification under regulation 6A(3)(a) if the applicant were applying for an unrestricted certificate; or 2.the examinations required to be passed for the conferral of a Certificate IV in Property Services (Real Estate) registered qualification CPP40307. |
|
No certificate of registration |
The examinations required to be passed for successful completion of modules from the CPP Property Services Training Package which would be the prescribed qualification under regulation 6A(3)(a) if the applicant were applying for an unrestricted certificate. |
Table 2 — Modules of CPP Property Services Training Package
|
|
Column 1 |
Column 2 |
|
CPPREP4005 |
Mandatory |
Mandatory |
|
CPPREP4103 |
Not accepted |
Mandatory |
|
CPPREP4104 |
Not accepted |
Mandatory |
|
CPPREP4105 |
Not accepted |
Mandatory |
|
CPPREP4121 |
Mandatory |
Not accepted |
|
CPPREP4122 |
Mandatory |
Not accepted |
|
CPPREP4123 |
Mandatory |
Not accepted |
|
CPPREP4124 |
Mandatory |
Not accepted |
|
CPPREP4125 |
Mandatory |
Mandatory |
|
CPPREP4102 |
Elective |
Elective |
|
CPPREP4201 |
Elective |
Elective |
|
CPPREP4202 |
Elective |
Elective |
|
CPPREP4203 |
Elective |
Elective |
|
CPPREP4204 |
Elective |
Elective |
|
CPPREP5201 |
Elective |
Elective |
[Regulation 6 inserted: SL 2020/209 r. 5.]
6A.Prescribed qualifications for certificate applicants (Act s. 47(2))
(1)For a person who applies for a restricted certificate (property management), the prescribed qualification for the purposes of section 47(2) of the Act is —
(a)if the application is made on or before 30 September 2021, the successful completion of each of the modules from the CPP07 Property Services Training Package indicated as mandatory in Column 1 of Table 1 to this regulation; or
(b)the successful completion of each of the modules from the CPP Property Services Training Package indicated as mandatory in Column 2 of Table 2 to this regulation.
(2)For a person who applies for a restricted certificate (sales), the prescribed qualification for the purposes of section 47(2) of the Act is the successful completion of modules from the CPP Property Services Training Package listed in Table 2 to this regulation as follows —
(a)each of the modules indicated as mandatory in Column 1;
(b)any 3 of the modules indicated as elective in Column 1.
(3)For a person who applies for an unrestricted certificate, the prescribed qualification for the purposes of section 47(2) of the Act is the successful completion of —
(a)modules from the CPP Property Services Training Package listed in Table 2 to this regulation as follows —
(i)each of the modules indicated as mandatory in Column 3;
(ii)any 3 of the modules indicated as elective in Column 3;
or
(b)if the application is made on or before 30 September 2021 — each of the modules from the CPP07 Property Services Training Package indicated as mandatory in Column 2 of Table 1 to this regulation.
Table 1 — Modules of CPP07 Property Services Training Package
|
|
Column 1 Applicants for restricted certificate (property management) |
Column 2 Applicants for unrestricted certificate |
|
CPPDSM4003A |
Not accepted |
Mandatory |
|
CPPDSM4007A |
Mandatory |
Mandatory |
|
CPPDSM4008A |
Not accepted |
Mandatory |
|
CPPDSM4010A |
Mandatory |
Not accepted |
|
CPPDSM4011A |
Mandatory |
Not accepted |
|
CPPDSM4012A |
Not accepted |
Mandatory |
|
CPPDSM4013A |
Mandatory |
Not accepted |
|
CPPDSM4014A |
Not accepted |
Mandatory |
|
CPPDSM4016A |
Mandatory |
Not accepted |
|
CPPDSM4022A |
Not accepted |
Mandatory |
|
CPPDSM4080A |
Mandatory |
Mandatory |
Table 2 — Modules of CPP Property Services Training Package
|
|
Column 1 Applicants for restricted certificate (sales) |
Column 2 Applicants for restricted certificate (property management) |
Column 3 Applicants for unrestricted certificate |
|
CPPREP4001 |
Mandatory |
Mandatory |
Mandatory |
|
CPPREP4002 |
Mandatory |
Mandatory |
Mandatory |
|
CPPREP4003 |
Mandatory |
Mandatory |
Mandatory |
|
CPPREP4004 |
Mandatory |
Mandatory |
Mandatory |
|
CPPREP4005 |
Mandatory |
Mandatory |
Mandatory |
|
CPPREP4101 |
Mandatory |
Mandatory |
Mandatory |
|
CPPREP4102 |
Mandatory |
Mandatory |
Mandatory |
|
CPPREP4103 |
Mandatory |
Not accepted |
Mandatory |
|
CPPREP4104 |
Mandatory |
Not accepted |
Mandatory |
|
CPPREP4105 |
Mandatory |
Not accepted |
Mandatory |
|
CPPREP4121 |
Not accepted |
Mandatory |
Mandatory |
|
CPPREP4122 |
Not accepted |
Mandatory |
Mandatory |
|
CPPREP4123 |
Not accepted |
Mandatory |
Mandatory |
|
CPPREP4124 |
Not accepted |
Mandatory |
Mandatory |
|
CPPREP4125 |
Not accepted |
Mandatory |
Mandatory |
|
CPPREP4201 |
Elective |
Not accepted |
Elective |
|
CPPREP4202 |
Elective |
Not accepted |
Elective |
|
CPPREP4203 |
Elective |
Not accepted |
Elective |
|
CPPREP4204 |
Elective |
Not accepted |
Elective |
|
CPPREP5201 |
Elective |
Not accepted |
Elective |
[Regulation 6A inserted: SL 2020/209 r. 5.]
6B.Certificate of registration, grant of (Act s. 47)
The Commissioner may grant a certificate of registration under section 47 of the Act to an applicant —
(a)who applies within 3 years of successfully completing a qualification prescribed in regulation 6A; or
(b)who has held a certificate of registration for at least 3 of the 5 years immediately preceding the making of the application; or
(c)who has passed the examinations prescribed by regulation 6 to qualify for the grant of a licence; or
(d)who has held a triennial certificate during the 3 years immediately preceding the making of the application.
[Regulation 6B inserted: Gazette 8 May 1987 p. 2103; amended: Gazette 30 Oct 1987 p. 4047; 12 Aug 1988 p. 2770; 7 Feb 2003 p. 386‑7; 30 Dec 2004 p. 6924; 17 Nov 2006 p. 4760; 30 Jun 2011 p. 2671; 30 Jun 2017 p. 3553; SL 2020/209 r. 6.]
6BA.Appointment to act as agent, content of
(1)If an amount is not fixed under section 61(1) of the Act, an appointment to act as an agent —
(a)where the commission, reward or other valuable consideration to be received by the agent for the services rendered by the agent is expressed as a percentage, is to clearly set out the basis (e.g. selling price, gross rental) on which the percentage is to be calculated; and
(b)where —
(i)the appointment is to act as an agent in a transaction as defined in section 61(4a) of the Act; and
(ii)the commission, reward or other valuable consideration to be received by the agent for the services rendered is expressed as an hourly, weekly or other periodic rate,
is to specify the maximum amount to be received by the agent, expressed as a monetary amount; and
(c)where the consideration to be received by the agent for the services rendered by the agent is based on the use by a person of certain services provided by the agent, is to provide a full explanation of the nature of the services so provided; and
(d)where any expenses (in addition to the commission, reward or other valuable consideration) are to be received by the agent, is to —
(i)specify the nature of those expenses; and
(ii)clearly set out the method by which the expenses will be calculated.
(2)If an amount is not fixed under section 61(1) of the Act, an appointment to act as an agent by a person for whom services are to be rendered is to contain, immediately before the statement of the commission, reward or other valuable consideration to be received by the agent, a statement that the commission, reward or consideration is not to be received pursuant to a scale fixed by law but is to be agreed upon between the person and the agent.
(3)An appointment to act as an agent is to include a statement in clear, concise and plain English to the effect that the person for whom the services are to be rendered by the agent (e.g. the vendor or landlord) may seek assistance from the Commissioner in relation to disputes as to the commission, reward or other valuable consideration to be received by the agent.
[Regulation 6BA inserted: Gazette 16 Oct 1998 p. 5734‑5; amended: Gazette 30 Jun 2011 p. 2671.]
For the purposes of the definition of prescribed transaction in section 61(4a) of the Act, the sale of a lot under a future lot contract (within the meaning of the Sale of Land Act 1970 section 11) is a prescribed transaction.
[Regulation 6BB inserted: Gazette 30 Jun 2017 p. 3553‑4.]
6C.Authorised financial institution (Act s. 67), classes of body prescribed
For the purposes of the definition of authorised financial institution in section 67 of the Act, the following classes of bodies are prescribed —
(a)the class that consists of all banks; and
(b)the class that consists of all societies.
[Regulation 6C inserted: Gazette 25 Jun 1996 p. 2918.]
6D.Trust accounts, designation of (Act s. 68(1))
(1)For the purposes of section 68(1) of the Act, a trust account is to be designated in the manner provided for in this regulation.
(2)The designation of a trust account, other than a separate account, is to include —
(a)the description “REBA Trust Account”; and
(b)the name of the holder of the triennial certificate, and any business name of that holder, recorded in the register; and
(c)the letters “TC” followed by the triennial certificate number recorded in the register.
(3)The designation of a separate account is to include —
(a)the description “REBA Trust Account — IB”; and
(b)the name of the holder of the triennial certificate, and any business name of that holder, recorded in the register; and
(c)the words “in trust for” followed by the name of the person who requested the separate account; and
(d)the letters “TC” followed by the triennial certificate number recorded in the register.
[Regulation 6D inserted: Gazette 25 Jun 1996 p. 2918‑19; amended: Gazette 30 Jun 2017 p. 3554.]
6E.Separate trust accounts, requests for, requirements prescribed (Act s. 68A(4))
(1)For the purposes of section 68A(4) of the Act, where the transaction in respect of which moneys are paid relates to the sale of real estate or a business, an agent shall only comply with the request for a separate account if the agent is satisfied that —
(a)the amount of moneys paid to the agent exceeds $20 000; or
(b)the transaction is not to be settled within 60 days.
(2)In subregulation (1) —
business means any commercial undertaking or enterprise in respect of any profession, trade, employment, vocation, or calling.
[Regulation 6E inserted: Gazette 25 Jun 1996 p. 2919.]
6F.Trust accounts, interest on (Act s. 68B(1))
(1)For the purposes of section 68B(1) of the Act, interest on the balance of a trust account is to be paid —
(a)at the rate that is 70% of the relevant bank accepted bills rate calculated on a daily basis; and
(b)within 5 working days of the end of each month.
(2)In subregulation (1)(a) —
relevant bank accepted bills rate means the 30 day bank accepted bills rate as published in Table F.1 of the “Reserve Bank of Australia Bulletin” for the month that is 2 months before the month in respect of which the interest is to be paid.
Note for this subregulation:
For example, the relevant bank accepted bills rate for May is the 30 day bank accepted bills rate for March.
[Regulation 6F inserted: Gazette 25 Jun 1996 p. 2919.]
6G.Receipts by agents, information in (Act s. 69(1)(a))
A receipt given under section 69(1)(a) of the Act shall contain the following information —
(aa)the heading “Trust Account Receipt”; and
(a)the name of the holder of the triennial certificate, and any business name of that holder, recorded in the register; and
(b)a number or letter, or a combination of both, in consecutive order that allows the receipt to be uniquely identified; and
(c)the date on which the money is received; and
(d)the name of the person paying the money; and
(e)the amount of money received; and
(f)a brief description of the purpose of the payment; and
(g)if the receipt is hand‑written, the name of the person receiving the money evidenced by the signature of that person.
[Regulation 6G inserted: Gazette 25 Jun 1996 p. 2919; amended: Gazette 17 Nov 2006 p. 4760.]
6H.Record keeping requirements
(1)A record shall be —
(a)kept in written form; and
(b)kept for a period of not less than 6 years from the date on which the money was received; and
(c)readily accessible.
(2)Where a receipt has been given for money received, a record shall contain the information contained in the receipt and may take the form of a duplicate copy of the receipt.
(3)Where money has been received by electronic transfer, a record shall contain the information specified in regulation 6G(b), (c), (d), (e) and (f) and, for that purpose, the reference in regulation 6G(b) to “receipt” is to be read as a reference to “record”.
[Regulation 6H inserted: Gazette 25 Jun 1996 p. 2919‑20.]
The prescribed particulars to be recorded, pursuant to section 133(2) of the Act, by the Commissioner —
(a)in the register of licensees are, in respect of each licensee —
(i)the name and address of the licensee;
(ii)where the licensee is a firm, the name, address, and, where applicable, licence number of each partner constituting the firm;
(iii)where the licensee is a body corporate, the name, address, and, where applicable, licence number of each director of the licensee;
(iv)the licence number and the date on which the licence held by the licensee was granted;
(v)any special condition to which the licence held by the licensee is subject;
(vi)where a claim has been made or sustained against the Fidelity Account in respect of the licensee, a reference to that claim;
(b)in the register of holders of current triennial certificates are, in respect of each holder —
(i)the name and address of the holder;
(ii)any business name under which the holder carries on business as an agent;
(iii)the situation of the registered office of the holder;
(iv)where the holder is a firm, the name, address, and, where applicable, licence number of each partner constituting the firm;
(v)where the holder is a body corporate, the name, address and, where applicable, licence number of each director of the holder;
(vi)where the holder is a firm or body corporate, the name and address of the person in bona fide control of the business of the holder;
(vii)the licence number, and the date on which the licence held by the holder of the certificate was granted;
(viii)the certificate number, and the date on which the certificate currently held by the holder was granted or renewed, as the case may be;
(ix)the name and address of the auditor appointed by the holder;
(x)the amount of any payment made under section 113 of the Act by the holder;
(c)in the register of holders of current certificates of registration are, in respect of each holder —
(i)the name and address of the holder;
(ii)the certificate number and the date on which the certificate currently held by the holder was granted or renewed, as the case may be;
(iii)any special condition to which the certificate held by the holder is subject;
(iv)the amount of any payment made under section 113 of the Act by the holder;
(v)the name and address of the licensee or developer for and on behalf of whom the holder acts or by whom the holder is employed;
(vi)the date upon which a holder commenced in that capacity to act for and on behalf of, or be employed by, the licensee or developer referred to in subparagraph (v);
(vii)the name and address of every other licensee or developer for and on behalf of whom the holder has acted, or by whom the holder has been employed in that capacity, and the dates on which the holder commenced and ceased to so act or be employed by each of them, respectively.
[Regulation 7 amended: Gazette 7 Feb 2003 p. 387; 23 Dec 2008 p. 5467; 10 Nov 2009 p. 4495; 30 Jun 2011 p. 2671.]
7AA.Lending institution (Act s. 131A), classes of body prescribed
For the purposes of the definition of lending institution in section 131A of the Act, the class consisting of bodies, other than a body referred to in paragraph (a) of that definition, that provide loans to persons in order to assist those persons to purchase a dwelling is prescribed.
[Regulation 7AA inserted: Gazette 25 Jun 1996 p. 2920; amended: Gazette 18 Nov 2014 p. 4325.]
[7A.Deleted: Gazette 24 Dec 2019 p. 4418.]
7B.Maximum amount prescribed (Act s. 131M(3))
For the purposes of section 131M(3) the prescribed maximum amount is $2 000.
[Regulation 7B inserted: Gazette 30 Sep 1994 p. 4969.]
8.Changes in particulars, licensees to notify Commissioner of
A licensee shall give to the Commissioner notice in writing —
(a)where the licensee is a body corporate, of any change in the directors of the body corporate;
(b)where the licensee is a firm and any of the persons by whom or by which it is constituted is a body corporate, of any change in the directors of any such body corporate;
(c)where the licensee is a firm or body corporate, of any change in the person in bona fide control of the business operated under the licence held by the licensee,
within one month of the change.
Penalty: $100.
[Regulation 8 amended: Gazette 30 Jun 2011 p. 2672.]
(1)The amount of —
(a)any fees prescribed by these regulations;
[(b)deleted]
(c)any costs ordered by a court or tribunal to be paid to the Commissioner upon the determination of any proceedings,
may be sued for and recovered by the Commissioner on behalf of the Crown in any court of competent jurisdiction.
(2)Where, upon the determination of any proceedings, a court or tribunal makes an order for costs in favour of a person other than the Commissioner, the amount of those costs may be sued for by that person and recovered from the person against whom the order is made, in any court of competent jurisdiction.
[Regulation 9 amended: Gazette 30 Dec 2004 p. 6924; 30 Jun 2011 p. 2672.]
10.Unsuccessful applicant for licence etc., refund to (Act s. 113)
An amount paid to the chief executive officer under section 113 of the Act in respect of an application referred to in that section shall, where that application does not result in the grant or renewal of a licence, triennial certificate, or certificate of registration, be refunded to the applicant from the Fidelity Account.
[Regulation 10 amended: Gazette 10 Nov 2009 p. 4495; 30 Jun 2011 p. 2672.]
11.Real Estate and Business Agents Interest Account, application of (Act s. 127)
For the purposes of section 127 of the Act —
(a)moneys standing to the credit of the Real Estate and Business Agents Interest Account are to be applied monthly before the end of each month; and
(b)the following proportions are prescribed —
(i)4.5% to the Fidelity Account; and
(ii)57% to the General Purpose Account; and
(iii)38.5% to the Assistance Account.
[Regulation 11 inserted: Gazette 25 Jun 1996 p. 2920; amended: Gazette 6 Nov 2001 p. 5837; 10 Nov 2009 p. 4495‑6; 30 Jun 2011 p. 2672.]
[11A, 11AA and 11B.Deleted: Gazette 25 Jun 1996 p. 2920.]
12.Fidelity Guarantee Account, claims against
A claim against the Fidelity Guarantee Account shall be made in writing and be verified by a statutory declaration made by a person who deposes to the facts therein set out of his own knowledge.
[Regulation 12 amended: Gazette 10 Nov 2009 p. 4495‑6.]
13.Codes of conduct prescribed to be published (Act s. 101)
Any code of conduct that the Commissioner may from time to time prescribe pursuant to section 101 of the Act shall be published in the Government Gazette.
[Regulation 13 amended: Gazette 30 Jun 2011 p. 2672.]
(1)The offences specified in Schedule 3 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 3 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).
(3)The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2.
(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 14 inserted: Gazette 28 Aug 2009 p. 3348; amended: Gazette 30 Jun 2011 p. 2672.]
The forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.
[Regulation 15 inserted: Gazette 28 Aug 2009 p. 3348.]
[r. 4, 4A and 4AAA]
[Heading inserted: SL 2020/196 r. 58.]
|
Item |
Column 1 Description of fee |
Column 2 Fee during designated period |
Column 3 Fee after designated period |
|
1. |
Application for licence |
54.00 |
81.00 |
|
2. |
Grant of licence to individual |
573.00 |
860.00 |
|
3. |
Grant of licence to firm |
750.00 |
1 125.00 |
|
4. |
Grant of licence to body corporate |
750.00 |
1 125.00 |
|
5. |
Renewal of triennial certificate |
474.00 |
711.00 |
|
6. |
Grant of certificate of registration |
145.00 |
218.00 |
|
7. |
Renewal of certificate of registration |
120.00 |
180.00 |
|
8. |
Inspection of a register |
– |
11.80 |
|
9. |
Issue of duplicate licence, duplicate certificate of registration or duplicate triennial certificate |
– |
29.50 |
|
10. |
Copy (certified or uncertified) or an extract of an individual registration — |
|
|
|
|
(a)first page |
– |
12.20 |
|
|
(b)each subsequent page |
– |
2.30 |
|
11. |
Copy (certified or uncertified) or an extract of all registrations in a register |
– |
121.00 |
|
12. |
Fee for the purposes of section 30(2a) of the Act (the holding fee) |
172.00 |
258.00 |
[Schedule 1 inserted: SL 2020/196 r. 58.]
Schedule 1A — Professional development subjects
[r. 4AB]
[Heading inserted: Gazette 28 Dec 2007 p. 6407.]
1.Agency agreements
2.Auctions
3.Business broking
4.Business management practices
5.Buyer’s agents
6.Communication
7.Conflict of interest and disclosure
8.Customer service skills
9.Disciplinary proceedings
10.Law of contracts
11.Managing agency risk
12.Legislation regulating the carrying on of business as an agent in Western Australia
13.Property management
14.Sale and lease of commercial property
15.Sale process
16.Strata management
17.Trust accounting
18.Understanding real estate documents
19.Valid appointment to act
[Schedule 1A inserted: Gazette 28 Dec 2007 p. 6407.]
[r. 15]
[Heading inserted: Gazette 28 Aug 2009 p. 3349.]
[Form 1 deleted: Gazette 24 Dec 2019 p. 4419.]
Form 2 — Infringement notice
|
Infringement notice |
Infringement |
|
|
Alleged offender |
Name: Family name |
|
|
Given names |
||
|
or Company name_______________________________ ACN |
||
|
Address __________________________________________ Postcode |
||
|
Alleged offence |
Description of offence_______________________________ |
|
|
|
Real Estate and Business Agents Act 1978 s. Real Estate and Business Agents (General) Regulations 1979 r. |
|
|
Date //20Time a.m./p.m. |
||
|
Modified penalty $ |
||
|
Officer issuing notice |
Name |
|
|
Signature |
||
|
Office |
||
|
Date |
Date of notice //20 |
|
|
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 — Real Estate and Business Agents Act 1978’) to the following address: Approved Officer Department of Commerce — Consumer Protection [Address] In person: Pay the cashier at: Department of Commerce — Consumer Protection [Address] 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, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. |
|
|
|
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. |
|
|
|
If you want this matter to be dealt with by prosecution in court, sign here ________________________________ and post this notice to the Approved Officer at the above postal address within 28 days after the date of this notice. |
|
[Form 2 inserted: Gazette 28 Aug 2009 p. 3349‑50; amended: Gazette 30 Jun 2011 p. 2670; 20 Aug 2013 p. 3839; SL 2020/163 r. 46.]
Form 3 — Withdrawal of infringement notice
|
Real Estate and Business Agents Act 1978 Withdrawal of infringement notice |
Withdrawal no. |
|
|
Alleged offender |
Name: Family name |
|
|
Given names |
||
|
or Company name_______________________________ ACN |
||
|
Address __________________________________________ Postcode |
||
|
Infringement notice |
Infringement notice no. |
|
|
Date of issue //20 |
||
|
Alleged offence |
Description of offence _______________________________
|
|
|
|
Real Estate and Business Agents Act 1978 s. Real Estate and Business Agents (General) Regulations 1979 r. |
|
|
Date //20Timea.m./p.m. |
||
|
Officer withdrawing notice |
Name |
|
|
Signature |
||
|
Office |
||
|
Date |
Date of withdrawal //20 |
|
|
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 — Real Estate and Business Agents Act 1978 Department of Commerce — Consumer Protection [Address]
Signature//20
|
|
[Form 3 inserted: Gazette 28 Aug 2009 p. 3350‑1; amended: Gazette 30 Jun 2011 p. 2670.]
Schedule 3 — Prescribed offences and modified penalties
[r. 14]
[Heading inserted: Gazette 28 Aug 2009 p. 3351.]
|
Offences under Real Estate and Business Agents Act 1978 |
Modified penalty |
|
|
s. 35 |
Failing to notify Commissioner of ceasing or commencing business |
|
|
s. 36(1) |
Failing to have registered office in the State |
$200 |
|
s. 37(1) |
Failing to register a branch office |
$200 |
|
s. 37(2) |
Failing to have qualified manager at branch office |
$200 |
|
s. 37(3) |
Branch manager acting for more than one licensee or as an agent on own account |
|
|
s. 40(1)(a) |
Carrying on business under a name not endorsed on triennial certificate |
|
|
s. 40(1)(b) |
Failing to include surname and initials of licensee on all business correspondence |
|
|
s. 40(3) |
Failing to notify Commissioner of alteration of business name |
|
|
s. 41(1)(a) |
Failing to display official details at registered office |
|
|
s. 41(1)(b) |
Failing to display official details at branch office |
$400 |
|
s. 41(2)(a) |
Failing to display official details on all correspondence and documents from registered office |
|
|
s. 41(2)(b) |
Failing to display official details on all correspondence and documents from branch office |
|
|
s. 51(1) |
Failing to notify Commissioner of commencing or ceasing employment, or to act, as a sales representative |
|
|
s. 70(1) |
Failing to cause audit of trust account |
$600 |
|
s. 70(3) |
Failing to deliver audit report to the Commissioner |
|
|
s. 70(8) |
Failing to deliver a termination audit report |
$600 |
|
s. 86 |
Failing to lodge a statutory declaration in relation to the audit of trust accounts |
|
|
Offence under Real Estate and Business Agents (General) Regulations 1979 |
Modified penalty |
|
|
r. 8 |
Failing to notify Commissioner of change in particulars |
|
[Schedule 3 inserted: Gazette 28 Aug 2009 p. 3351‑2; amended: Gazette 30 Jun 2011 p. 2670; 23 Oct 2012 p. 5055.]
This is a compilation of the Real Estate and Business Agents (General) Regulations 1979 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
|
Citation |
Published |
Commencement |
|
Real Estate and Business Agents (General) Regulations 1979 |
31 Aug 1979 p. 2616‑18 |
1 Sep 1979 |
|
Real Estate and Business Agents (General) Amendment Regulations 1980 |
26 Sep 1980 p. 3312 |
26 Sep 1980 |
|
Real Estate and Business Agents (General) Amendment Regulations 1981 |
26 Jun 1981 p. 2293 |
26 Jun 1981 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1981 |
6 Nov 1981 p. 4526 |
1 Dec 1981 (see r. 2) |
|
Real Estate and Business Agents (General) Amendment Regulations 1982 |
2 Jul 1982 p. 2334‑6 |
2 Jul 1982 1 |
|
Reprint of the Real Estate and Business Agents (General) Regulations 1979 in Gazette 26 Nov 1982 p. 4667‑74 (includes amendments listed above) |
||
|
Real Estate and Business Agents (General) Amendment Regulations 1983 |
21 Oct 1983 p. 4298 |
1 Jan 1984 (see r. 2) |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1983 |
30 Dec 1983 p. 5121‑2 |
30 Dec 1983 |
|
Real Estate and Business Agents (General) Amendment Regulations 1984 2 |
21 Dec 1984 p. 4191 |
21 Dec 1984 |
|
Real Estate and Business Agents (General) Amendment Regulations 1985 |
21 Jun 1985 p. 2262 |
21 Jun 1985 |
|
Real Estate and Business Agents (General) Amendment Regulations 1986 |
28 Feb 1986 p. 668 |
28 Feb 1986 |
|
Real Estate and Business Agents (General) Amendment Regulations 1986 |
13 Jun 1986 p. 1997‑8 |
1 Jul 1986 (see r. 2) |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1986 |
8 Aug 1986 p. 2870‑1 |
1 Feb 1987 (see r. 2) |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 4) 1986 |
24 Dec 1986 p. 4998 |
24 Dec 1986 |
|
Real Estate and Business Agents (General) Amendment Regulations 1987 |
8 May 1987 p. 2103 |
8 May 1987 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1987 |
4 Sep 1987 p. 3519 |
4 Sep 1987 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1987 |
30 Oct 1987 p. 4047 |
30 Oct 1987 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 4) 1987 |
18 Dec 1987 p. 4516 |
18 Dec 1987 |
|
Real Estate and Business Agents (General) Amendment Regulations 1988 |
12 Aug 1988 p. 2770 |
12 Aug 1988 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1988 |
2 Sep 1988 p. 3466 |
2 Sep 1988 |
|
Real Estate and Business Agents (General) Amendment Regulations 1989 |
20 Jan 1989 p. 132 |
20 Jan 1989 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1989 |
3 Feb 1989 p. 360 |
3 Feb 1989 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1989 |
30 Jun 1989 p. 1979 |
1 Jul 1989 (see r. 2) |
|
Real Estate and Business Agents (General) Amendment Regulations 1990 |
15 Jun 1990 p. 2723 (erratum 22 Jun 1990 p. 3034) |
15 Jun 1990 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1990 |
20 Jul 1990 p. 3461 |
20 Jul 1990 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1990 |
1 Aug 1990 p. 3652‑3 |
1 Aug 1990 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 4) 1990 |
26 Oct 1990 p. 5370 |
26 Oct 1990 |
|
Real Estate and Business Agents (General) Amendment Regulations 1991 |
28 Jun 1991 p. 3119 |
28 Jun 1991 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1991 |
13 Dec 1991 p. 6160 |
13 Dec 1991 |
|
Real Estate and Business Agents (General) Amendment Regulations 1992 |
14 Aug 1992 p. 4011‑12 |
14 Aug 1992 |
|
Reprint of the Real Estate and Business Agents (General) Regulations 1979 as at 1 Oct 1992 (includes amendments listed above) |
||
|
Real Estate and Business Agents (General) Amendment Regulations 1993 |
30 Nov 1993 p. 6411‑12 |
30 Nov 1993 |
|
Real Estate and Business Agents (General) Amendment Regulations 1994 |
30 Sep 1994 p. 4969‑72 |
6 Oct 1994 (see r. 2) |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1994 |
9 Dec 1994 p. 6661‑2 |
9 Dec 1994 |
|
Real Estate and Business Agents (General) Amendment Regulations 1996 |
7 Jun 1996 p. 2392 |
7 Jun 1996 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1996 |
25 Jun 1996 p. 2917‑22 |
1 Jul 1996 (see r. 2 and Gazette 25 Jun 1996 p. 2902) |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1996 |
25 Jun 1996 p. 2923‑5 |
1 Jul 1996 (see r. 2 and Gazette 1 Jul 1996 p. 3179) |
|
Real Estate and Business Agents (General) Amendment Regulations 1997 |
27 Jun 1997 p. 3099‑101 |
1 Jul 1997 (see r. 2) |
|
Reprint of the Real Estate and Business Agents (General) Regulations 1979 as at 28 Nov 1997 (includes amendments listed above) |
||
|
Real Estate and Business Agents (General) Amendment Regulations 1998 |
16 Oct 1998 p. 5733‑5 |
1 Nov 1998 (see r. 2 and Gazette 16 Oct 1998 p. 5729) |
|
Real Estate and Business Agents (General) Amendment Regulations 1999 |
8 Oct 1999 p. 4782‑3 |
8 Oct 1999 |
|
Real Estate and Business Agents (General) Amendment Regulations 2000 |
18 Feb 2000 p. 913‑14 |
18 Feb 2000 |
|
Real Estate and Business Agents (General) Amendment Regulations 2001 |
6 Nov 2001 p. 5837 |
6 Nov 2001 |
|
Real Estate and Business Agents (General) Amendment Regulations 2002 |
8 Feb 2002 p. 599‑602 |
8 Feb 2002 |
|
Reprint of the Real Estate and Business Agents (General) Regulations 1979 as at 8 Mar 2002 (includes amendments listed above) |
||
|
Real Estate and Business Agents (General) Amendment Regulations 2003 3 |
7 Feb 2003 p. 384‑7 (as amended 13 Jan 2004 p. 145‑6) |
7 Feb 2003 |
|
Real Estate and Business Agents (General) Amendment Regulations 2004 |
13 Jan 2004 p. 145‑6 |
13 Jan 2004 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2004 |
30 Dec 2004 p. 6924 |
1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130) |
|
Real Estate and Business Agents (General) Amendment Regulations 2006 |
27 Jun 2006 p. 2269‑70 |
1 Jul 2006 (see r. 2) |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2006 |
17 Nov 2006 p. 4759‑60 |
17 Nov 2006 |
|
Real Estate and Business Agents (General) Amendment Regulations 2007 |
6 Feb 2007 p. 307‑10 |
6 Feb 2007 |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2007 |
9 Mar 2007 p. 847‑8 |
9 Mar 2007 |
|
Reprint 5: The Real Estate and Business Agents (General) Regulations 1979 as at 8 Jun 2007 (includes amendments listed above) |
||
|
Real Estate and Business Agents (General) Amendment Regulations (No. 4) 2007 |
24 Jul 2007 p. 3659‑60 |
r. 1 and 2: 24 Jul 2007 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 5) 2007 |
28 Dec 2007 p. 6403‑7 |
r. 1 and 2: 28 Dec 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Dec 2007 (see r. 2(b)) |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2008 |
17 Jun 2008 p. 2557‑8 |
r. 1 and 2: 17 Jun 2008 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations 2008 |
24 Jun 2008 p. 2886‑7 |
r. 1 and 2: 24 Jun 2008 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 2008 |
23 Dec 2008 p. 5465‑7 |
r. 1 and 2: 23 Dec 2008 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations 2009 |
17 Apr 2009 p. 1319‑23 |
r. 1 and 2: 17 Apr 2009 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2009 |
8 May 2009 p. 1491‑2 |
r. 1 and 2: 8 May 2009 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 4) 2009 |
23 Jun 2009 p. 2453‑4 |
r. 1 and 2: 23 Jun 2009 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 2009 |
28 Aug 2009 p. 3347‑52 |
r. 1 and 2: 28 Aug 2009 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 5) 2009 |
10 Nov 2009 p. 4495‑6 |
r. 1 and 2: 10 Nov 2009 (see r. 2(a)); |
|
Reprint 6: The Real Estate and Business Agents (General) Regulations 1979 as at 11 Dec 2009 (includes amendments listed above) |
||
|
Real Estate and Business Agents (General) Amendment Regulations 2010 |
28 May 2010 p. 2297-8 |
r. 1 and 2: 28 May 2010 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2010 |
25 Jun 2010 p. 2851‑2 |
r. 1 and 2: 25 Jun 2010 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations 2011 |
22 Jun 2011 p. 2367-8 |
r. 1 and 2: 22 Jun 2011 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2011 |
30 Jun 2011 p. 2669-72 |
r. 1 and 2: 30 Jun 2011 (see r. 2(a)); |
|
Reprint 7: The Real Estate and Business Agents (General) Regulations 1979 as at 3 Feb 2012 (includes amendments listed above) |
||
|
Real Estate and Business Agents (General) Amendment Regulations 2012 |
15 Jun 2012 p. 2599-600 |
r. 1 and 2: 15 Jun 2012 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2012 |
23 Oct 2012 p. 5049‑55 |
r. 1 and 2: 23 Oct 2012 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2013 |
27 Jun 2013 p. 2691-2 |
r. 1 and 2: 27 Jun 2013 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations 2013 |
20 Aug 2013 p. 3839 |
r. 1 and 2: 20 Aug 2013 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations 2014 |
17 Jun 2014 p. 1977‑8 |
r. 1 and 2: 17 Jun 2014 (see r. 2(a)); |
|
Reprint 8: The Real Estate and Business Agents (General) Regulations 1979 as at 19 Sep 2014 (includes amendments listed above) |
||
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2014 |
18 Nov 2014 p. 4324-5 |
r. 1 and 2: 18 Nov 2014 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations 2015 |
15 May 2015 p. 1717‑18 |
r. 1 and 2: 15 May 2015 (see r. 2(a)); |
|
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2015 |
23 Jun 2015 p. 2184‑5 |
r. 1 and 2: 23 Jun 2015 (see r. 2(a)); |
|
Commerce Regulations Amendment (Fees and Charges) Regulations 2016 Pt. 16 |
3 Jun 2016 p. 1745-73 |
1 Jul 2016 (see r. 2(b)) |
|
Commerce Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 18 |
23 Jun 2017 p. 3213‑52 |
1 Jul 2017 (see r. 2(b)) |
|
Real Estate and Business Agents (General) Amendment Regulations 2017 |
30 Jun 2017 p. 3553‑4 |
r. 1 and 2: 30 Jun 2017 (see r. 2(a)); |
|
Commerce and Industrial Relations Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 18 |
25 Jun 2018 p. 2325‑53 |
1 Jul 2018 (see r. 2(b)) |
|
Commerce Regulations Amendment (Fees and Charges) Regulations 2019 Pt. 16 |
18 Jun 2019 p. 2077‑115 |
1 Jul 2019 (see r. 2(b)) |
|
Consumer Protection Regulations Amendment Regulations 2019 Pt. 4 |
24 Dec 2019 p. 4416‑20 |
1 Jan 2020 (see r. 2(b) and Gazette 24 Dec 2019 p. 4415) |
|
Commerce Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 23 |
SL 2020/163 25 Sep 2020 |
29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |
|
Commerce Regulations Amendment (COVID‑19 Response) Regulations (No. 2) 2020 Pt. 16 |
SL 2020/196 27 Oct 2020 |
28 Oct 2020 (see r. 2(b)) |
|
Real Estate and Business Agents (General) Amendment Regulations 2020 |
SL 2020/209 30 Oct 2020 |
r. 1 and 2: 30 Oct 2020 (see r. 2(a)); |
1The commencement date in r. 2 was of no effect as it was before the date of gazettal.
2The Miscellaneous Regulations (Validation) Act 1985 applied to these regulations. It deemed the regulations not to have ceased to have effect as a result of the failure to comply with section 42(1) of the Interpretation Act 1984, subject to their being laid before the Legislative Assembly.
3The Real Estate and Business Agents (General) Amendment Regulations 2003 r. 4(2) (as amended in Gazette 13 Jan 2004 p. 146) and r. 5(2) are transitional provisions that are of no further effect.
[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)
authorised financial institution6C
business6E(2)
calendar year2(1)
commencement day4AAA(1)
CPD activity2(1)
CPD subject2(1)
CPP07 Property Services Training Package6A(2)
designated fee4AAA(1)
designated period2(1)
educational activity2(1)
holding fee4A(1)
mandatory CPD activity2(1)
mandatory CPD subject2(1)
point value2(1)
record2(1)
reduced fee4AAA(1)
register2(1)
registered training provider2(1)
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