Agents Amendment Regulation 2008 (No 1) (ACT)
Agents Amendment Regulation 2008 (No 1)
Subordinate Law SL2008-32
The Australian Capital Territory Executive makes the following regulation under the Agents Act 2003.
Dated 4 August 2008.
Simon Corbell
Minister
Andrew Barr
Minister
Agents Amendment Regulation 2008 (No 1)
Subordinate Law SL2008-32
made under the
Agents Act 2003
Contents
Page
Name of regulation 1
Commencement 1
Legislation amended 1
Section 6 (1) to (3) 1
Section 7 2
Section 8A (2) (b) 3
Section 9 3
New section 18A 4
Schedule 1 4
Schedule 2 9
Dictionary, new definition of approved 9
Name of regulation
This regulation is the Agents Amendment Regulation 2008 (No 1).
Commencement
This regulation commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This regulation amends the Agents Regulation 2003.
Section 6 (1) to (3)
substitute
(1)A person has the qualifications for a real estate agents licence, stock and station agents licence and business agents licence if the person has been issued with a statement of attainment, or qualification, issued by a registered training organisation certifying that the person has competency in—
(a)each of the units of the Property Development and Management Training Package (PRD01), approved by ANTA, mentioned in schedule 1 as in force immediately before the commencement of the Agents Amendment Regulation 2008 (No 1); or
(b)the units of the approved Property Services Training Package (CPP07) required to be completed under subsection (1A).
NoteApproved—see the dictionary.
(1A)For subsection (1) (b), the units required to be completed are—
(a)the units mentioned in schedule 1, part 1.1 (Core units); and
(b)at least 4 of the units mentioned in schedule 1, part 1.2 (Common units); and
(c)at least 8 of the units mentioned in schedule 1, part 1.3 (Elective units).
(2)Also, a person has the qualifications for a real estate agents licence if, immediately before the repeal of the repealed Act, the person was eligible for the grant of a real estate agent’s licence under that Act.
(3)A person has the qualifications for a real estate agents licence to only sell land by auction if the person has a statement of attainment, or qualification, issued by a registered training organisation certifying that the person has competency in—
(a)the unit of competency PRDRE26A (Conduct property sale by auction) in the training package mentioned in subsection (1) (a); or
(b)the unit of competency CPPDSM4004A (Conduct auction) in the training package mentioned in subsection (1) (b).
Section 7
substitute
Relevant law for property training packages
For section 6, the underpinning knowledge for a unit of competency in a property training package mentioned in the section must be based on ACT law.
Section 8A (2) (b)
omit
2 years
substitute
1 year
Section 9
substitute
Qualifications for registration as salesperson—Act, s 50
A person has the qualifications for registration as a salesperson if the person has been issued with a statement of attainment, or qualification, issued by a registered training organisation certifying that the person has competency in—
(a)each of the units of the Property Development and Management Training Package (PRD01), approved by ANTA, mentioned in schedule 2 as in force immediately before the commencement of the Agents Amendment Regulation 2008 (No 1); or
(b)the units of the approved Property Services Training Package (CPP07) mentioned in schedule 2.
NoteApproved—see the dictionary.
New section 18A
insert
18ADisapplication of Legislation Act, s 47 (6)
The Legislation Act, section 47 (6) does not apply to the Administrative Arrangements Order (Cwlth).
NoteThe text of an applied, adopted or incorporated instrument applied as in force from time to time is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (6) is not disapplied (see s 47 (7)).
Schedule 1
substitute
Schedule 1Licensing of real estate, stock and station, and business agents—units of competency in CPP07
(see s 6)
Part 1.1Core units
| column 1 item | column 2 unit no | column 3 unit title |
| 1 | CPPDSM4006A | Establish and manage agency trust accounts |
| 2 | CPPDSM4007A | Identify legal and ethical requirements of property management to complete agency work |
| 3 | CPPDSM4008A | Identify legal and ethical requirements of property sales to complete agency work |
| 4 | CPPDSM4009A | Interpret legislation to complete agency work |
| 5 | CPPDSM4015A | Minimise agency and consumer risk |
| 6 | CPPDSM4080Aor CPPDSM4081A | Work in the real estate industry or Work in the stock and station agency sector |
Part 1.2Common units
| column 1 item | column 2 unit no | column 3 unit title |
| 1 | BSBFIM501A | Manage budgets and financial plans |
| 2 | BSBHRM402A | Recruit, select and induct staff |
| 3 | BSBMGT502B | Manage people performance |
| 4 | BSBMGT515A | Manage operational plan |
| 5 | BSBMGT605B | Provide leadership across the organisation |
| 6 | CPPDSM4005A | Establish and build client-agency relationships |
| 7 | CPPDSM5009A | Coordinate risk management system in the property industry |
| 8 | CPPDSM5012A | Develop a strategic business plan in the real estate industry |
| 9 | CPPDSM5018A | Ensure a safe workplace in the property industry |
| 10 | CPPDSM5020A | Manage and monitor effective client service in the real estate industry |
| 11 | CPPDSM5030A | Manage projects in the property industry |
| 12 | CPPDSM5032A | Market the agency |
| 13 | CPPDSM5036A | Prepare tender documentation in the property industry |
Part 1.3Elective units
| column 1 item | column 2 unit no | column 3 unit title |
| 1 | CPPDSM3008A | Maintain and protect condition of managed properties |
| 2 | CPPDSM4001A | Act as a buyer’s agent |
| 3 | CPPDSM4002A | Apply knowledge of state or territory legislative and regulatory framework to complete agency work |
| 4 | CPPDSM4003A | Appraise property |
| 5 | CPPDSM4004A | Conduct auction |
| 6 | CPPDSM4005A | Establish and build client–agency relationships |
| 7 | CPPDSM4010A | Lease property |
| 8 | CPPDSM4011A | List property for lease |
| 9 | CPPDSM4012A | List property for sale |
| 10 | CPPDSM4013A | Market property for lease |
| 11 | CPPDSM4014A | Market property for sale |
| 12 | CPPDSM4016A | Monitor and manage lease or tenancy agreement |
| 13 | CPPDSM4017A | Negotiate effectively in property transactions |
| 14 | CPPDSM4018A | Prepare and present property reports |
| 15 | CPPDSM4019A | Prepare for auction and complete sale |
| 16 | CPPDSM4020A | Present at tribunals |
| 17 | CPPDSM4022A | Sell and finalise the sale of property by private treaty |
| 18 | CPPDSM4046A | Manage tenancy disputes |
| 19 | CPPDSM4049A | Implement maintenance plan for managed properties |
| 20 | CPPDSM3017A | Work in the strata/community management sector |
| 21 | CPPDSM4021A | Sell and finalise sale of rural property by private treaty |
| 22 | CPPDSM4023A | Act as a tenant’s agent |
| 23 | CPPDSM4029A | Appraise business |
| 24 | CPPDSM4030A | Appraise rural property |
| 25 | CPPDSM4033A | Assess and value goods, chattels, plant and equipment |
| 26 | CPPDSM4034A | Assess and implement strata/community management agreement |
| 27 | CPPDSM4036A | Broker sale of industrial, commercial and retail property |
| 28 | CPPDSM4038A | Conduct goods, chattels or equipment clearing sale or auction |
| 29 | CPPDSM4040A | Contribute to life cycle maintenance strategy |
| 30 | CPPDSM4041A | Contribute to development of a tenancy mix strategy |
| 31 | CPPDSM4043A | Coordinate fit-out of property and facilities |
| 32 | CPPDSM4050A | Lease industrial, commercial and retail property |
| 33 | CPPDSM4051A | Lease rural property |
| 34 | CPPDSM4053A | List business for sale |
| 35 | CPPDSM4058A | Monitor service requirements in the property industry |
| 36 | CPPDSM4059A | Monitor space use in the property industry |
| 37 | CPPDSM4060A | Negotiate sale and manage sale to completion or settlement |
| 38 | CPPDSM4061A | Obtain prospects for listing |
| 39 | CPPDSM4062A | Occupy space |
| 40 | CPPDSM4069A | Promote and market listed business |
| 41 | CPPDSM4074A | Select and appoint contractors in the property industry |
| 42 | CPPDSM4078A | Sell rural property by tender |
| 43 | CPPDSM4079A | Work in the business broking sector |
Schedule 2
substitute
Schedule 2Registration of salespeople—units of competency in CPP07
(see s 9)
| column 1 item | column 2 unit no | column 3 unit title |
| 1 | CPPDSM4007A | Identify legal and ethical requirements of property management to complete agency work |
| 2 | CPPDSM4008A | Identify legal and ethical requirements of property sales to complete agency work |
| 3 | CPPDSM4009A | Interpret legislation to complete agency work |
| 4 | CPPDSM4015A | Minimise agency and consumer risk |
| 5 | CPPDSM4080A | Work in the real estate industry |
Dictionary, new definition of approved
insert
approved, for the Property Services Training Package (CPP07), means approved by the Commonwealth Department of State responsible for training under the Administrative Arrangements Order (Cwlth), as in force from time to time.
Endnotes
Notification
Notified under the Legislation Act on 5 August 2008.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2008
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