Land Valuers Licensing Act 1978 (WA)
Western Australia
Western Australia
Western Australia
Land Valuers Licensing Act 1978This Act may be cited as the
This Act shall come into operation on a date to be fixed by proclamation.
In this Act unless the context otherwise requires —
(a) in relation to a firm — a member of the firm or an employee of the firm whose sole or principal employment is in the service of the firm;
(b) in relation to a corporation — any director, manager or secretary of the corporation or any employee of the corporation whose sole or principal employment is in the service of the corporation.
The
(1) Any person aggrieved by a reviewable decision of the Commissioner may apply to the State Administrative Tribunal for a review of the decision.
(2) In subsection (1) —
(1) An application for a licence shall be made in writing and in a manner and form determined by the Commissioner in respect of such an application and shall contain such information as is required by the Commissioner in respect of such an application.
[(2),(3) deleted] (4) In respect of any particular application the applicant shall furnish the Commissioner with such further information as the Commissioner determines, verified if the Commissioner so requires by statutory declaration.
(5) If the Commissioner is considering making an adverse decision in relation to the application, the Commissioner must give the applicant the opportunity to give additional information in relation to that application.
The Commissioner may grant a licence to any person who pays to the Commissioner the prescribed fee and satisfies the Commissioner, by such evidence as the Commissioner may require that he is a person of good character and repute and is competent to carry out the duties of a licensed valuer and who —
[(a) deleted] (b) is a member of the Australian Property Institute; or
(c) is the holder of a prescribed degree, diploma, certificate or other award and has had, in the opinion of the Commissioner, —
(i) satisfactory practical experience in the valuation of land, for the period of 2 years immediately preceding the date of his application; and
(ii) a total of not less than 4 years’ satisfactory practical experience in the valuation of land within the period of 10 years immediately preceding the date of his application;
or
(d) has previously held a licence under this Act within the period of 5 years immediately preceding the date of his application.
(1) Subject to this Part, a licence may be granted by the Commissioner without notice to the applicant.
(2) Where the Commissioner performs a function under subsection (1), the Commissioner shall forthwith deliver the licence to the applicant.
(1) Where the State Administrative Tribunal makes an order against a licensed valuer and payment is not made in accordance with the order or the order is otherwise not complied with or is breached, the State Administrative Tribunal may suspend the licence until the payment is made, or for such period or upon such event occurring as the State Administrative Tribunal thinks fit.
(2) The power conferred on the State Administrative Tribunal by subsection (1) is in addition to, and does not derogate from, the powers conferred on it by the
State Administrative Tribunal Act 2004 .
(1) On granting a licence the Commissioner shall fix a period, not exceeding the period prescribed, during which the licence is to have effect.
(1a) Subject to section 28, unless sooner surrendered a licence shall have effect for the period fixed under subsection (1) and may be renewed under section 22.
(2) A person may at any time surrender a licence and the licence shall thereupon become and be void and of no effect.
(3) Despite the surrender by a person of a licence, this Act and the
Fair Trading Act 2010 apply, for the purpose of enabling the person to be investigated or otherwise dealt with for a matter arising before the surrender, as if the licence had not been surrendered.
(1) Where the holder of a licence applies to the Commissioner for the renewal of that licence and pays to the Commissioner the prescribed fee, the Commissioner may renew the licence for a further prescribed period.
(2) If —
(a) an application is made during the period that begins on the day on which the licence expired and ends on the day that is 28 days after the day on which the licence expired; and
(b) the prescribed fee and any amount prescribed by way of penalty for a late application are paid,
the Commissioner may renew that licence for the period prescribed.
(2a) A renewal under subsection (2) shall be taken for all purposes to have taken effect on the day immediately succeeding the day on which the previous licence expired.
(3) An application for the renewal of a licence shall be made in writing and in a manner and form determined by the Commissioner in respect of such an application.
(4) Section 19 applies to an application under this section as if it were an application for a licence under section 17.
If a licence has been lost or destroyed, the Commissioner may issue a duplicate licence on payment by the holder of the prescribed fee.
(1) A person shall not carry on business, or by any means hold himself out, or demand or receive commission, reward or other valuable consideration in respect of his services, as a valuer of land unless he is licensed under this Act.
Penalty for this subsection: a fine of $100 000.
(2) Subsection (1) does not prevent a firm or corporation from carrying on business, or holding itself out, or demanding or receiving commission, reward or other valuable consideration in respect of its services, as a valuer of land so long as every valuation of land supplied by that firm or corporation is made by a person who is licensed under this Act.
(3) Subsection (1) does not prevent —
(a) a student who is undertaking a prescribe course of study in the valuation of land; or
(b) a person who is employed as an assistant to a licensed valuer,
from performing and discharging, under the supervision of a licensed valuer, functions and duties connected with the valuation of land.
(1) A person who, not being a licensed valuer, in any way implies that he is licensed under this Act shall be guilty of an offence against this Act.
Penalty for this subsection: a fine of $100 000.
(2) Subsection (1) does not prevent a firm or corporation of which at least one officer is a licensed valuer from using the term “licensed valuers”, or otherwise implying in any way that it is able to render the services of a licensed valuer, in a notice or advertisement or in a letterhead or other document so long as the notice, advertisement or document also contains the names of the officer or officers of the firm or corporation who is or are licensed under this Act.
(1) The Commissioner may, with the approval of the Minister, from time to time by notice published in the
Government Gazette fix the maximum amounts of remuneration for the various kinds of services rendered by licensed valuers.(2) The respective maximum amounts fixed under subsection (1) shall have effect on and after the date on which the notice fixing them is published in the
Government Gazette or on and after such subsequent date as is specified in that notice.(3) A licensed valuer, or a firm or corporation of which a licensed valuer is an officer, shall not demand or receive, in respect of any service rendered by the licensed valuer, any remuneration that exceeds in value the amount (if any) for the time being fixed under subsection (1) in respect of a service of that kind.
Penalty for this subsection: a fine of $5 000.
(4) Any remuneration received in contravention of this section may be recovered as a civil debt recoverable summarily in a court of competent jurisdiction.
The Commissioner may, with the approval of the Minister, from time to time by notice published in the
The Commissioner may allege to the State Administrative Tribunal that there is proper cause for disciplinary action, as mentioned in section 28(2), against a current or former licensed valuer.
(1) If, in a proceeding commenced by an allegation under section 27 against a current or former licensed valuer, the State Administrative Tribunal is satisfied that proper cause exists for disciplinary action, the State Administrative Tribunal may do any one or more of the following things —
(a) reprimand or caution the valuer;
(b) impose a fine not exceeding $10 000 on the valuer;
(c) if the valuer is a current licensed valuer —
(i) suspend or cancel the valuer’s licence; and
(ii) if the licence is cancelled — disqualify the valuer from holding a licence permanently, for a specified period or until they fulfil a specified condition;
(d) if the valuer is a former licensed valuer — disqualify the valuer from holding a licence permanently, for a specified period or until they fulfil a specified condition.
(2) There is proper cause for disciplinary action against a current or former licensed valuer if —
(a) the valuer improperly obtained a licence; or
(b) the valuer has been guilty of negligence or incompetence in making a valuation of land; or
(c) the valuer is acting or has acted in breach of the licensed valuers code of conduct; or
(ca) the valuer has been found guilty of an offence committed in the course of carrying on business under a licence; or
(cb) the valuer has engaged in fraudulent conduct in connection with carrying on business under a licence; or
(cc) the valuer has failed to ensure the proper management and supervision of an activity carried out under a licence on their behalf; or
(d) any other cause exists that renders the valuer unfit to hold a licence.
(1) The Commissioner shall keep a register of licensed valuers.
(2) The Commissioner shall record in the register any prescribed particulars.
(3) The Commissioner shall cause to be removed from the register the name of every licensed valuer who dies or ceases for any reason to be licensed under this Act.
(4) The Commissioner shall, upon receipt of the prescribed fee from a person desiring to inspect the register, make it available for the inspection of that person.
(1) A licensed valuer shall give written notice to the Commissioner of any change in the particulars specified in the register in respect of that valuer as soon as practicable after that change takes place.
Penalty for this subsection: a fine of $2 000.
(2) The Commissioner shall enter in the register details of any change notified under subsection (1).
[(1),(2) deleted] (3) A certificate under the hand of the Commissioner that any person is or is not, or was or was not, licensed under this Act on the date of, or a date referred to, in the certificate, or as to any other matter contained in a register, shall, in the absence of proof to the contrary, be taken as proof of the matter so certified.
(4) The Commissioner shall, upon receipt of a request in writing by any person, and payment of the prescribed fee, issue a certificate as to any of the contents of the Register.
(1) The chief executive officer is to ensure that the matters set out in subsection (1a) are included in the department’s annual report.
(1a) The department’s annual report is to include details of —
(a) the number, nature, and outcome, of —
(i) investigations and inquiries undertaken by, or at the direction of, the Commissioner; and
(ii) matters that have been brought before the State Administrative Tribunal by the Commissioner;
and
(b) the number and nature of matters referred to in paragraph (a) that are outstanding; and
(c) any trends or special problems that may have emerged; and
(d) forecasts of the workload of the Commissioner in the year after the year to which the report relates; and
(e) any proposals for improving the performance of the Commissioner’s functions.
[(2) deleted]
The
(1) A person who gives false or misleading information to the Commissioner when required to give information to the Commissioner under this Act commits an offence.
Penalty for this subsection: a fine of $20 000.
(2) For the purposes of subsection (1), a person gives false or misleading information if the person does 1 or more of the following —
(a) states anything that the person knows is false or misleading in a material particular;
(b) omits anything from a statement without which the statement is, to the person’s knowledge, misleading in a material particular;
(c) gives or produces any information that —
(i) the person knows is false or misleading in a material particular; or
(ii) omits anything without which the information is, to the person’s knowledge, misleading in a material particular.
Where a corporation is guilty of an offence against this Act any officer of the corporation who was knowingly a party to the commission of that offence is also guilty of that offence.
(1) Proceedings for an offence against this Act may be taken by the Commissioner.
(2) Notwithstanding the provisions of any other Act, proceedings for an offence against this Act may be brought within the period of 3 years after the commission of the alleged offence or, with the consent of the Minister, at any later time.
(3) An allegation in a charge of an offence under this Act that a person named therein was or was not licensed under this Act at the time specified therein shall, in the absence of proof to the contrary, be taken as proved.
(1) The Governor may make such regulations as are contemplated by this Act or as he considers necessary or expedient for the purposes of this Act.
(2) Without limiting the generality of subsection (1), those regulations may —
[(a),(b) deleted] (c) provide for the advertising of notices of applications for licences;
(d) prescribe, and provide for the recovery of, any fee for the purposes of this Act;
(e) prescribe the particulars to be recorded in the register required to be kept under this Act;
[(f) deleted] (g) prescribe penalties not exceeding $1 000 for any breach of the regulations.
[(3) deleted]
In this Part —
Subject to sections 44 and 45, at the beginning of the commencement day, the former Board is abolished and its members go out of office.
If in a written law or other document or instrument there is a reference to the former Board or the former Registrar, that reference may, where the context so requires, be read as if it had been amended to be a reference to the Commissioner.
Despite the abolition of the former Board, if the former Board had the benefit of any immunity in respect of an act, matter or thing done or omitted before the commencement day, that immunity continues in that respect for the benefit of the Commissioner.
A notice published in the
Proceedings taken by the former Registrar under section 35 that are not complete at the commencement day are to continue under the direction and control of the Commissioner.
(1) Proceedings before the former Board under Part II Division 2 of the Act as it was prior to the commencement day that are not complete by the commencement day —
(a) are taken to have been commenced by the Commissioner for the purposes of the Act; and
(b) are to continue under the direction and control of the Commissioner.
(2) Proceedings before the State Administrative Tribunal or another court commenced by allegation against a licensed valuer brought by the former Board that are not complete by the commencement day —
(a) are taken to have been commenced by an allegation by the Commissioner for the purposes of the Act; and
(b) are to continue under the direction and control of the Commissioner.
As soon as reasonably practicable after the commencement day, the Board is to wind‑up its affairs and in particular, but without limiting what may be done to wind‑up its affairs, the Board is to apply its assets, together with any moneys in hand, in —
(a) discharging its liabilities; and
(b) transferring any assets which remain after the discharge of liabilities (
residual assets ) to the State to be administered in the department, or realising residual assets and causing the proceeds, together with any moneys in hand, to be credited to the Consolidated Account.
(1) As soon as reasonably practical after the Board is satisfied that the winding‑up of its affairs is concluded, it is to —
(a) make and submit to the Minister a report of its proceedings for the period beginning on the day after the commencement day and ending on the day on which the winding‑up of its affairs is concluded; and
(b) deliver to the chief executive officer all records and information in its possession or under its control.
(2) The chief executive officer is to include the final report submitted under subsection (1) in the department’s annual report for that financial year.
(1) If there is not sufficient provision in this Part for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed in relation to that matter.
(2) In subsection (1) —
(3) Regulations made under subsection (1) may provide that specific provisions of a written law —
(a) do not apply; or
(b) apply with specific modifications,
to or in relation to any matter.
(4) Regulations made under subsection (1) must be made within 12 months after the commencement day.
(5) If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the
Gazette but not earlier than the commencement day, the regulations have effect according to their terms.(6) In subsection (5) —
(7) If regulations contain a provision referred to in subsection (5), the provision does not operate so as —
(a) to affect, in a manner prejudicial to any person (other than the State), the right of that person existing before the day of publication of those regulations; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.
This is a compilation of the
55 of 1978 | 6 Sep 1978 | 1 Jul 1979 (see s. 2 and | |
15 of 1984 | 31 May 1984 | Act other than s. 3 and 7: 28 Jun 1984 (see s. 2(1)); s. 3 and 7: 26 Jul 1985 (see s. 2(2) and | |
65 of 1987 | 1 Dec 1987 | 12 Feb 1988 (see s. 2(2) and | |
32 of 1994 | 29 Jun 1994 | 1 Oct 1994 (see s. 2 and | |
56 of 1995 | 20 Dec 1995 | 1 Jul 1996 (see s. 2(2) and | |
65 of 2003 | 4 Dec 2003 | 1 Jan 2004 (see s. 2 and | |
74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) | |
59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and | |
55 of 2004 | 24 Nov 2004 | 1 Jan 2005 (see s. 2 and | |
84 of 2004 (as amended by No. 2 of 2008 s. 78(2)(b)) | 16 Dec 2004 | 2 May 2005 (see s. 2 and | |
69 of 2006 | 13 Dec 2006 | 14 Jul 2007 (see s. 2 and | |
2 of 2008 | 12 Mar 2008 | 27 Apr 2008 (see s. 2 and | |
21 of 2008 | 27 May 2008 | 1 Mar 2009 (see s. 2(b) and | |
18 of 2009 | 16 Sep 2009 | 17 Sep 2009 (see s. 2(b)) | |
58 of 2010 | 8 Dec 2010 | 1 Jul 2011 (see s. 2(c) and | |
23 of 2014 | 9 Oct 2014 | 19 Nov 2014 (see s. 2(b) and | |
44 of 2016 | 1 Dec 2016 | 1 Jul 2017 (see s. 2(b) and | |
25 of 2019 | 24 Oct 2019 | 1 Jan 2020 (see s. 2(b) and | |
34 of 2020 | 11 Sep 2020 | 12 Sep 2020 (see s. 2(b)) | |
7 of 2022 | 29 Mar 2022 | 1 Jul 2022 (see s. 2(b) and SL 2022/80 cl. 2) | |
9 of 2022 | 14 Apr 2022 | 1 Jul 2022 (see s. 2(c) and SL 2022/113) | |
approved............................................................................................................................ 4
Australian Property Institute.......................................................................................... 4
commencement day....................................................................................................... 37
Commissioner................................................................................................................... 4
corporation........................................................................................................................ 4
department......................................................................................................................... 4
former Board.................................................................................................................. 37
former Registrar............................................................................................................. 37
land..................................................................................................................................... 4
liability............................................................................................................................ 37
licence................................................................................................................................ 4
licensed valuer.................................................................................................................. 4
licensed valuers code of conduct................................................................................... 4
officer................................................................................................................................. 4
person aggrieved....................................................................................................... 16(2)
residual assets................................................................................................................. 44
reviewable decision.................................................................................................. 16(2)
right.................................................................................................................................. 37
specified..................................................................................................................... 46(6)
transitional matter..................................................................................................... 46(2)
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