Land Agents (Registration of Property Managers) Variation Regulations 2018 (SA)

South Australia

Land Agents (Registration of Property Managers) Variation Regulations 2018

under the Land Agents Act 1994

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Land Agents Regulations 2010

4            Insertion of regulation 4A

4A          Definition of property manager

5            Substitution of regulation 5

5            Registration as sales representative subject to conditions relating to training and supervision

6            Insertion of regulation 5A

5A          Registration as property manager subject to conditions relating to training and supervision

7           Variation of regulation 7—Notification of change in circumstances

8            Variation of regulation 12—Exemptions

9            Variation of regulation 27—Indemnity fund

10          Variation of Schedule 1

Schedule 1—Transitional provision

1            Transitional provision

Part 1—Preliminary

1—Short title

These regulations may be cited as the Land Agents (Registration of Property Managers) Variation Regulations 2018.

2—Commencement

1. Subject to subregulation (2), these regulations will come into operation on the day on which section 5(1) of the Land Agents (Registration of Property Managers and Other Matters) Amendment Act 2017 comes into operation.

2. Regulations 6, 7, 8 and 10 will come into operation on the day on which section 7 of the Land Agents (Registration of Property Managers and Other Matters) Amendment Act 2017 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Land Agents Regulations 2010

4—Insertion of regulation 4A

Before regulation 5 insert:

4A—Definition of property manager

Pursuant to paragraph (d) of the definition of property manager in section 3 of the Act, the function of conducting inspections of a property for the purposes of a residential tenancy agreement is prescribed.

5—Substitution of regulation 5

Regulation 5—delete regulation 5 and substitute:

5—Registration as sales representative subject to conditions relating to training and supervision

For the purposes of section 8B(4) of the Act, a sales representative will not be taken to be properly supervised unless the sales representative is under the direct supervision of a person who is—

(a)a registered agent; or

(b)a registered sales representative (other than a sales representative registered under section 8B of the Act) who has been a sales representative (other than a sales representative registered under section 8B of the Act) for an agent, for at least 2 years or a total of at least 2 years.

6—Insertion of regulation 5A

After regulation 5 (as substituted by these regulations) insert:

5A—Registration as property manager subject to conditions relating to training and supervision

For the purposes of section 8BB(4) of the Act, a property manager will not be taken to be properly supervised unless the property manager is under the direct supervision of a person who is—

(a)a registered agent; or

(b)a registered property manager (other than a property manager registered under section 8BB of the Act) who has been a property manager (other than a property manager registered under section 8BB of the Act) for an agent, for at least 2 years or a total of at least 2 years; or

(c)a registered sales representative (other than a sales representative registered under section 8B of the Act) who—

(i)is additionally registered as a property manager (other than a property manager registered under section 8BB of the Act); and

(ii)has been a sales representative (other than a sales representative registered under section 8B of the Act) for an agent, for at least 2 years or a total of at least 2 years.

7—Variation of regulation 7—Notification of change in circumstances

1. Regulation 7(2)—after "registered sales representative" insert:

   or registered property manager

2. Regulation 7(2)—after "sales representative" second occurring insert:

   or property manager

8—Variation of regulation 12—Exemptions

Regulation 12—after subregulation (4) insert:

(5)A person who acts as a property manager for an agent is exempt from the operation of section 6AB(1) of the Act if—

(a)the agent is a community housing provider registered under the Community Housing Providers National Law; and

(b)the person is an employee engaged by the agent under a contract of service; and

(c)the person performs the functions of a property manager for or on behalf of the agent in relation to land—

(i)owned by the agent; or

(ii)held by or on behalf of a Minister, agency or instrumentality of the Crown or a council.

(6)An agent is exempt from the operation of section 6AB(3) of the Act in respect of the engagement of another person to perform the functions of a property manager in the course of the agent's business if—

(a)the agent is a community housing provider registered under the Community Housing Providers National Law; and

(b)the other person is engaged to perform those functions as an employee under a contract of service; and

(c)the land in relation to which the other person performs those functions is—

(i)owned by the agent; or

(ii)held by or on behalf of a Minister, agency or instrumentality of the Crown or a council.

(7)In this regulation—

council means a council under the Local Government Act 1999.

9—Variation of regulation 27—Indemnity fund

1. Regulation 27(2)(a)—delete "and sales representatives" and substitute:

   , sales representatives and property managers

2. Regulation 27(2)—after paragraph (e) insert:

   (f)the education program relating to the provisions contained in the Land Agents (Registration of Property Managers and Other Matters) Amendment Act 2017 conducted by or on behalf of the Commissioner for the benefit of agents, sales representatives, property managers and members of the public.

10—Variation of Schedule 1

1. Schedule 1, item 1—after paragraph (d) insert:

(da)     as a sales representative and property manager	$284.00
(db)     as a sales representative, auctioneer and property manager	$284.00
(dc)     as a property manager	$284.00
(dd)     as a property manager and the applicant holds registration as a sales representative	$119.00

1. Schedule 1, item 2—after paragraph (c) insert:

(d)    for a sales representative and a property manager	$222.00
(e)     for a property manager	$200.00

1. Schedule 1—after item 3 insert:

3a Application for variation or revocation of condition of registration (section 8BB of Act) $119.00

1. Schedule 1, item 4—after paragraph (c) insert:

(d)    for a sales representative who is also registered as a property manager	$222.00
(e)     for a property manager	$200.00

Schedule 1—Transitional provision

1—Transitional provision

Despite section 6AB of the Act, a person is not required to comply with the provisions of that section until 28 September 2019.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 6 February 2018

No 27 of 2018

CBS0001/18CS