Property, Stock and Business Agents (Qualifications) Amendment Order 2012 (NSW)
2012 No 53
New South Wales
Property, Stock and Business Agents
(Qualifications) Amendment Order
2012
under the
Property, Stock and Business Agents Act 2002
I, Anthony Roberts, the Minister for Fair Trading, in pursuance of section 15 of the
Property, Stock and Business Agents Act 2002, make the following Order.
Dated, this 4th day of February 2012.
ANTHONY ROBERTS, MP
Minister for Fair Trading
Explanatory note
The object of this Order is to change the qualifications required for the issue of certain classes of licences and certificates of registration under the Property, Stock and Business Agents Act 2002.
This Order is made under section 15 of the Property, Stock and Business Agents Act 2002.
| Published LW 24 February 2012 | Page 1 |
| 2012 No 53 | Property, Stock and Business Agents (Qualifications) Amendment Order |
| Clause 1 | 2012 |
Property, Stock and Business Agents (Qualifications)
Amendment Order 2012
under the
Property, Stock and Business Agents Act 2002
1 Name of Order
This Order is the Property, Stock and Business Agents (Qualifications)
Amendment Order 2012.
2 Commencement
This Order commences on the day on which it is published on the NSW legislation website.
| Property, Stock and Business Agents (Qualifications) Amendment Order | 2012 No 53 |
| 2012 | |
| Amendment of Property, Stock and Business Agents (Qualifications) Order | Schedule 1 |
| 2009 | |
| Schedule 1 | Amendment of Property, Stock and Business Agents (Qualifications) Order 2009 |
[1] Clause 7
Omit the clause. Insert instead:
7 Current qualifications required for the issue of a real estate agent’s licence
A person has the qualifications required for the issue of a real estate agent’s licence if a registered training organisation has issued the person with a CPP40307 Certificate IV in Property Services (Real Estate) demonstrating competency in:
(a) either of the following units of competency:
(i) CPPDSM4009A—Interpret legislation to complete
agency work,(ii) CPPDSM4009B—Interpret legislation to complete
agency work, and(b) either of the following units of competency:
(i) CPPDSM4015A—Minimise agency and consumer
risk,(ii) CPPDSM4015B—Minimise agency and consumer
risk, and(c) either of the following units of competency:
(i) CPPDSM4004A—Conduct auction, (ii) CPPDSM4020A—Present at tribunals, and (d) all of the following units of competency:
(i)
CPPDSM4007A—Identify legal and ethical requirements of property management to complete agency work,
(ii)
CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work,
(iii) CPPDSM4080A—Work in the real estate industry, (iv) CPPDSM4003A—Appraise property,
(v) CPPDSM4005A—Establish and build client-agency relationships,
(vi) CPPDSM4006A—Establish and manage agency
trust accounts,
| 2012 No 53 | Property, Stock and Business Agents (Qualifications) Amendment Order 2012 |
| Schedule 1 | Amendment of Property, Stock and Business Agents (Qualifications) Order 2009 |
(vii) CPPDSM4010A—Lease property,
(viii) CPPDSM4011A—List property for lease,
(ix) CPPDSM4012A—List property for sale,
(x) CPPDSM4013A—Market property for lease,
(xi) CPPDSM4014A—Market property for sale,
(xii) CPPDSM4016A—Monitor and manage lease or
tenancy agreement,(xiii) CPPDSM4017A—Negotiate effectively in property
transactions,(xiv)
CPPDSM4019A—Prepare for auction and complete sale,
(xv) CPPDSM4022A—Sell and finalise the sale of property by private treaty,
(xvi) CPPDSM4049A—Implement maintenance plan for
managed properties,(xvii) CPPDSM4056A—Manage conflict and disputes in
the property industry,(xviii) BSBRKG304B—Maintain business records,
(xix) BSBMB406A—Manage small business finances,
(xx) BSBLED401A—Develop teams and individuals,
and
(e) at least one elective unit of competency of the candidate’s own choice from the property sales and management, specialist or common units from CPP40307 Certificate IV in Property Services (Real Estate).
[2] Clause 9
Omit the clause. Insert instead:
9 Current qualifications required for the issue of a real estate agent’s licence subject to the condition that the holder act only as a buyer’s agent
A person has the qualifications required for the issue of a real estate agent’s licence subject to the condition that the holder of the licence act only as a buyer’s agent if a registered training organisation has issued the person with a statement of attainment or a qualification demonstrating competency in:
(a) either of the following units of competency:
(i) CPPDSM3019A—Communicate with clients as
part of agency operations,
| Property, Stock and Business Agents (Qualifications) Amendment Order | 2012 No 53 |
| 2012 | |
| Amendment of Property, Stock and Business Agents (Qualifications) Order | Schedule 1 |
| 2009 |
(ii) CPPDSM3019B—Communicate with clients as
part of property agency operations, and
(b) either of the following units of competency:
(i) CPPDSM4015A—Minimise agency and consumer
risk,(ii) CPPDSM4015B—Minimise agency and consumer
risk, and(c) all of the following units of competency:
(i) CPPDSM4001A—Act as a buyer’s agent, (ii) CPPDSM4003A—Appraise property,
(iii) CPPDSM4005A—Establish and build client-agency relationships,
(iv) CPPDSM4022A—Sell and finalise the sale of property by private treaty,
(v) CPPDSM4080A—Work in the real estate industry,
(vi) BSBLED401A—Develop teams and individuals,
(vii) CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work.
[3] Clause 11
Omit the clause. Insert instead:
11 Current qualifications required for the issue of a stock and station agent’s licence A person has the qualifications required for the issue of a stock and station agent’s licence if a registered training organisation has issued the person with a CPP40407 Certificate IV in Property Services (Stock and Station Agency) demonstrating competency in:
(a) either of the following units of competency:
(i) CPPDSM4009A—Interpret legislation to complete
agency work,(ii) CPPDSM4009B—Interpret legislation to complete
agency work, and(b) either of the following units of competency:
(i) CPPDSM4015A—Minimise agency and consumer
risk,(ii) CPPDSM4015B—Minimise agency and consumer
risk, and
| 2012 No 53 | Property, Stock and Business Agents (Qualifications) Amendment Order 2012 |
| Schedule 1 | Amendment of Property, Stock and Business Agents (Qualifications) Order 2009 |
(c) all of the following units of competency:
(i) CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work, (ii) CPPDSM4024A—Advise clients on livestock sale
and purchase options,
(iii) CPPDSM4039A—Conduct livestock sale by
auction,(iv) CPPDSM4068A—Prepare livestock for sale at
saleyards,(v) CPPDSM4075A—Select livestock for sale, (vi) CPPDSM4077A—Sell livestock by private sale, (vii) CPPDSM4081A—Work in the stock and station agency sector, (viii) CPPDSM4021A—Sell and finalise sale of rural property by private treaty,
(ix) CPPDSM4067A—Plan for and complete sale of rural property by auction,
(x) CPPDSM4052A—List and market rural property
for sale or lease,(xi) CPPDSM4030A—Appraise rural property,
(xii)
CPPDSM4005A—Establish and build client-agency relationships,
(xiii) CPPDSM4006A—Establish and manage agency
trust accounts,(xiv) CPPDSM4051A—Lease rural property,
(xv)
CPPDSM4073A—Provide rural property management services,
(xvi) BSBSMB406A—Manage small business finances,
(xvii) BSBLED401A—Develop teams and individuals,
(xviii) CPPDSM4056A—Manage conflicts and disputes in
the property industry.
[4] Clause 13
Omit the clause. Insert instead:
13 Current qualifications required for the issue of a business agent’s licence A person has the qualifications required for the issue of a business agent’s licence if a registered training organisation has
| Property, Stock and Business Agents (Qualifications) Amendment Order | 2012 No 53 |
| 2012 | |
| Amendment of Property, Stock and Business Agents (Qualifications) Order | Schedule 1 |
| 2009 |
issued the person with a CPP40507 Certificate IV in Property
Services (Business Broking) demonstrating competency in:
(a) either of the following units of competency:
(i) CPPDSM4015A—Minimise agency and consumer
risk,(ii) CPPDSM4015B—Minimise agency and consumer
risk, and(b) all of the following units of competency:
(i) CPPDSM4006A—Establish and manage agency
trust account,(ii) CPPDSM4029A—Appraise business,
(iii) CPPDSM4053A—List business for sale, (iv) CPPDSM4060A—Negotiate sale and manage sale
to completion or settlement,(v) CPPDSM4061A—Obtain prospects for listing, (vi) CPPDSM4069A—Promote and market listed
business,(vii) CPPDSM4079A—Work in the business broking
sector,(viii) BSBLED401A—Develop teams and individuals,
(ix) BSBCUS401A—Co-ordinate implementation of
customer service strategies,(x) BSBSMB406A—Manage small business finances,
(xi) CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work.
[5] Clause 15
Omit the clause. Insert instead:
15 Current qualifications required for the issue of a strata managing agent’s licence A person has the qualifications required for the issue of a strata managing agent’s licence if a registered training organisation has issued the person with a qualification demonstrating:
(a)
successful completion of either a CPP40609 Certificate IV in Property Services (Operations), or a CPP40611 Certificate IV in Property Services (Operations), demonstrating competency in:
| 2012 No 53 | Property, Stock and Business Agents (Qualifications) Amendment Order 2012 |
| Schedule 1 | Amendment of Property, Stock and Business Agents (Qualifications) Order 2009 |
(i) either of the following units of competency:
(A) CPPDSM4048A—Implement customer
service strategies in the property industry,
(B) CPPDSM4048B—Implement customer
service strategies in the property industry,
and
(ii) all of the following units of competency:
(A) BSBREL401A—Establish networks, (B) CPPDSM4028A—Identify and analyse risks
and opportunities in the property industry,
(C) CPPDSM4044A—Coordinate maintenance and repair of properties and facilities,
(D) CPPDSM4047A—Implement and monitor
procurement process,(E) CPPDSM4057A—Monitor a safe workplace
in the property industry,(F)
CPPDSM4063A—Participate in developing and establishing property or facilities contracts,
(G) CPPDSM4072A—Provide leadership in the
property industry,(H)
BSBLED401A—Develop teams and individuals, (I) BSBFIA402A—Report on financial activity, (J) BSBRKG304B—Maintain business records, (K) BSBSMB402A—Plan small business
finances,(L) BSBSMB406A—Manage small business
finances,
(M) CPPDSM4006A—Establish and manage agency trust accounts,
(N) CPPDSM4034A—Assess and implement strata/community management agreement,
(O) CPPDSM4045A—Facilitate meetings in the
property industry,(P)
CPPDSM4056A—Manage conflict and disputes in the property industry, (Q)
CPPDSM4074A—Select and appoint contractors in the property industry, and
| Property, Stock and Business Agents (Qualifications) Amendment Order | 2012 No 53 |
| 2012 | |
| Amendment of Property, Stock and Business Agents (Qualifications) Order | Schedule 1 |
| 2009 |
(b) successful completion of either of the following units of competency from the Certificate III in Property Services (Operations):
(i) CPPDSM3019A—Communicate with clients as
part of agency operations,(ii) CPPDSM3019B—Communicate with clients as
part of agency operations, and(c) successful completion of each of the following units of competency from the Certificate III in Property Services (Operations):
(i) CPPDSM3016A—Work in the property industry, (ii) CPPDSM3017A—Work in the strata/community
management sector.
[6] Clause 17
Omit the clause. Insert instead:
17 Current qualifications required for the issue of an on-site residential property manager’s licence A person has the qualifications required for the issue of an on-site residential property manager’s licence if a registered training organisation has issued the person with a statement of attainment or a qualification demonstrating competency in:
(a) either the following units of competency
(i) CPPDSM3019A—Communicate with clients as
part of agency operations,(ii) CPPDSM3019B—Communicate with clients as
part of property agency operations, and(b) either of the following units of competency:
(i) CPPDSM4015A—Minimise agency and consumer
risk,(ii) CPPDSM4015B—Minimise agency and consumer
risk, and(c) all of the following units of competency:
(i) CPPDSM4005A—Establish and build client-agency relationships,
(ii) CPPDSM4006A—Establish and manage agency
trust accounts,(iii) CPPDSM4007A—Identify legal and ethical requirements of property management to complete agency work,
| 2012 No 53 | Property, Stock and Business Agents (Qualifications) Amendment Order 2012 |
| Schedule 1 | Amendment of Property, Stock and Business Agents (Qualifications) Order 2009 |
(iv) CPPDSM4010A—Lease property,
(v) CPPDSM4016A—Monitor and manage lease or
tenancy agreement,(vi) CPPDSM4080A—Work in the real estate industry,
(vii) BSBRKG304B—Maintain business records,
(viii) BSBLED401A—Develop teams and individuals.
[7] Clause 19
Omit the clause. Insert instead:
19 Current qualifications required for the issue of a certificate of registration as a real estate salesperson A person has the qualifications required for the issue of a certificate of registration as a real estate salesperson if a registered training organisation has issued the person with a statement of attainment demonstrating competency in:
(a) either the following units of competency:
(i) CPPDSM3019A—Communicate with clients as
part of agency operations,(ii) CPPDSM3019B—Communicate with clients as
part of agency operations, and(b) all of the following units of competency:
(i) CPPDSM4080A—Work in the real estate industry, (ii) CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work,
(iii) CPPDSM4007A—Identify legal and ethical requirements of property management to complete agency work.
[8] Clause 21
Omit the clause. Insert instead:
21 Current qualifications required for the issue of a certificate of registration as a stock and station salesperson A person has the qualifications required for the issue of a certificate of registration as a stock and station salesperson if a registered training organisation has issued the person with a statement of attainment or qualification demonstrating competency in:
| Property, Stock and Business Agents (Qualifications) Amendment Order | 2012 No 53 |
| 2012 | |
| Amendment of Property, Stock and Business Agents (Qualifications) Order | Schedule 1 |
| 2009 |
(a) either the following units of competency:
(i) CPPDSM3019A—Communicate with clients as
part of agency operations,(ii) CPPDSM3019B—Communicate with clients as
part of agency operations, and(b) all of the following units of competency:
(i) CPPDSM4081A—Work in the stock and station agency sector, (ii) CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work.
[9] Clause 23
Omit the clause. Insert instead:
23 Current qualifications required for the issue of a certificate of registration as a business salesperson A person has the qualifications required for the issue of a certificate of registration as a business salesperson if a registered training organisation has issued the person with a statement of attainment or a qualification demonstrating competency in:
(a) either of the following units of competency:
(i) CPPDSM3019A—Communicate with clients as
part of agency operations,(ii) CPPDSM3019B—Communicate with clients as
part of property agency operations, and(b) all of the following units of competency:
(i) CPPDSM4079A—Work in the business broking
sector,(ii) CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work.
[10] Clause 25
Omit the clause. Insert instead:
25 Current qualifications required for the issue of a certificate of registration as a registered strata manager or registered community manager A person has the qualifications required for the issue of a certificate of registration as a registered strata manager or
| 2012 No 53 | Property, Stock and Business Agents (Qualifications) Amendment Order 2012 |
| Schedule 1 | Amendment of Property, Stock and Business Agents (Qualifications) Order 2009 |
registered community manager if a registered training organisation has issued the person with statement of attainment or a qualification demonstrating that the person has successfully completed:
(a) either the following units of competency:
(i) CPPDSM3019A—Communicate with clients as
part of agency operations,(ii) CPPDSM3019B—Communicate with clients as
part of agency operations, and(b) all of the following units of competency:
(i) CPPDSM3017A—Work in the strata/community
management sector,(ii) CPPDSM3016A—Work in the property industry.
[11] Clause 27
Omit the clause. Insert instead:
27 Current qualifications required for the issue of a certificate of registration as a registered on-site residential property manager A person has the qualifications required for the issue of a certificate of registration as a registered on-site residential property manager if a registered training organisation has issued the person with a statement of attainment or qualification demonstrating competency in:
(a) either the following units of competency:
(i) CPPDSM3019A—Communicate with clients as
part of agency operations,(ii) CPPDSM3019B—Communicate with clients as
part of property agency operations, and(b) all of the following units of competency:
(i) CPPDSM4080A—Work in the real estate industry, (ii) CPPDSM3016A—Work in the property industry.
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