Property, Stock and Business Agents (Qualifications) Amendment Order 2017 (NSW)

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New South Wales

Property, Stock and Business Agents

(Qualifications) Amendment Order 2017

under the

Property, Stock and Business Agents Act 2002

I, the Minister for Innovation and Better Regulation, in pursuance of section 15 of the Property,

Stock and Business Agents Act 2002, make the following Order.

Dated, this 30th day of August 2017.

MATTHEW KEAN, MP

Minister for Innovation and Better Regulation

Explanatory note

The object of this Order is to update the qualifications required for the issue of certain 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.
Property, Stock and Business Agents (Qualifications)

Amendment Order 2017

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 2017.

2      Commencement

This Order commences on the day on which it is published on the NSW legislation website.

Schedule 1 Amendment of Property, Stock and Business
Agents (Qualifications) Order 2009

[1]      Clause 7

Omit the clause. Insert instead:

7      Current qualifications for 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 the following units:

(a) BSBLED401 or BSBLED401A—Develop teams and individuals,
(b) BSBRKG304, BSBRKG304A or BSBRKG304B—Maintain business
records,
(c) BSBSMB406 or BSBSMB406A—Manage small business finances,
(d) CPPDSM4003A—Appraise property,
(e) CPPDSM4004A—Conduct auction or CPPDSM4020A—Present at
tribunals,
(f) CPPDSM4005A—Establish and build client-agency relationships,
(g) CPPDSM4006A—Establish and manage agency trust accounts,
(h) CPPDSM4007A—Identify legal and ethical requirements of property management to complete agency work,

(i)      CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work,

(j) CPPDSM4009—Interpret legislation to complete work in the property industry or CPPDSM4009A or CPPDSM4009B—Interpret legislation to complete agency work,
(k) CPPDSM4010A—Lease property,
(l) CPPDSM4011A—List property for lease,
(m) CPPDSM4012A—List property for sale,
(n) CPPDSM4013A—Market property for lease,
(o) CPPDSM4014A—Market property for sale,
(p) CPPDSM4015A or CPPDSM4015B—Minimise agency and consumer risk,
(q) CPPDSM4016A—Monitor and manage lease or tenancy agreement,
(r) CPPDSM4017A—Negotiate effectively in property transactions,
(s) CPPDSM4019A—Prepare for auction and complete sale,
(t) CPPDSM4022A—Sell and finalise the sale of property by private treaty,
(u) CPPDSM4049—Implement maintenance program for managed properties or CPPDSM4049A—Implement maintenance plan for managed properties,

(v)      CPPDSM4056 or CPPDSM4056A—Manage conflict and disputes in the property industry,

(w) CPPDSM4080A—Work in the real estate industry,

(x)      at least 1 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 8 Recognition of past qualifications for real estate agent’s licence

Omit clause 8 (a).

[3]      Clause 9

Omit the clause. Insert instead:

9      Current qualifications for real estate agent’s licence to act only as buyer’s agent

(1) 

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 the following units:

(a) BSBLED401 or BSBLED401A—Develop teams and individuals,
(b) CPPDSM3019—Communicate with clients in the property industry or CPPDSM3019A or CPPDSM3019B—Communicate with clients as part of agency operations,
(c) CPPDSM4001A—Act as a buyer’s agent,
(d) CPPDSM4003A—Appraise property,
(e) CPPDSM4005A—Establish and build client-agency relationships,
(f) CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work,
(g) CPPDSM4015A or CPPDSM4015B—Minimise agency and consumer risk,
(h) CPPDSM4022A—Sell and finalise the sale of property by private treaty,

(i)      CPPDSM4080A—Work in the real estate industry.

(2) A person is not required to have the qualifications referred to in clause 7 for a real estate agent’s licence that is issued subject to the condition that the holder of the licence act only as a buyer’s agent.

[4]      Clause 10 Recognition of past qualifications for real estate agent’s licence to act only as buyer’s agent

Omit clause 10 (a).

[5]      Clause 11

Omit the clause. Insert instead:

11 Current qualifications for 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 the following units:

(a) BSBLED401 or BSBLED401A—Develop teams and individuals
(b) BSBSMB406 or BSBSMB406A—Manage small business finances,
(c) CPPDSM4005A—Establish and build client-agency relationships,
(d) CPPDSM4006A—Establish and manage agency trust accounts,

(e)

CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work,

(f)

CPPDSM4009—Interpret legislation to complete work in the property industry or CPPDSM4009A or CPPDSM4009B—Interpret legislation to complete agency work,

(g)

CPPDSM4015A or CPPDSM4015B—Minimise agency and consumer risk,

(h)

CPPDSM4021A—Sell and finalise sale of rural property by private treaty,

(i)      CPPDSM4024A—Advise clients on livestock sale and purchase options,

(j) CPPDSM4030A—Appraise rural property,
(k) CPPDSM4039A—Conduct livestock sale by auction,
(l) CPPDSM4051A—Lease rural property,
(m) CPPDSM4052A—List and market rural property for sale or lease,
(n) CPPDSM4056 or CPPDSM4056A—Manage conflicts and disputes in the property industry,
(o) CPPDSM4067A—Plan for and complete sale of rural property by auction,
(p) CPPDSM4068A—Prepare livestock for sale at saleyards,
(q) CPPDSM4073A—Provide rural property management services,
(r) CPPDSM4075A—Select livestock for sale,
(s) CPPDSM4077A—Sell livestock by private sale,
(t) CPPDSM4081A—Work in the stock and station agency sector.

[6]      Clause 12 Recognition of past qualifications for stock and station agent’s licence

Omit clause 12 (a).

[7]      Clause 13

Omit the clause. Insert instead:

13 Current qualifications for 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 issued the person with a CPP40507 Certificate IV in Property Services (Business Broking) demonstrating competency in the following units:

(a) BSBCUS401, BSBCUS401A or BSBCUS401B—Co-ordinate

implementation of customer service strategies,

(b) BSBLED401 or BSBLED401A—Develop teams and individuals,
(c) BSBSMB406 or BSBSMB406A—Manage small business finances,
(d) CPPDSM4006A—Establish and manage agency trust account,

(e)

CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work,

(f)

CPPDSM4015A or CPPDSM4015B—Minimise agency and consumer risk,

(g) CPPDSM4029A—Appraise business,
(h) CPPDSM4053A—List business for sale,

(i)      CPPDSM4060A—Negotiate sale and manage sale to completion or settlement,

(j) CPPDSM4061A—Obtain prospects for listing,
(k) CPPDSM4069A—Promote and market listed business,
(l) CPPDSM4079A—Work in the business broking sector.

[8]      Clause 14 Recognition of past qualifications for business agent’s licence

Omit clause 14 (a).

[9]      Clause 15

Omit clause. Insert instead:

15 Current qualifications for strata managing agent’s licence

(1)

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 specified in subclause (2) or (3).

(2)

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 CPP40516 Certificate IV in Strata Community Management demonstrating competency in the following units:

(a) BSBFIA402—Report on financial activity,
(b) BSBLED401—Develop teams and individuals,
(c) BSBRKG304—Maintain business records,

(d)

CPPCMN4008—Read plans, drawings and specifications for residential buildings,

(e) CPPDSM3016—Work in the property industry,
(f) CPPDSM3017—Work in the strata community management sector,
(g) CPPDSM3019—Communicate with clients in the property industry,

(h)

CPPDSM4009—Interpret legislation to complete work in the property industry,

(i)

CPPDSM4028—Identify and analyse risks and opportunities in the property industry,

(j) CPPDSM4034—Negotiate and implement strata community

management agreement,

(k)

CPPDSM4044—Coordinate maintenance and repair of properties and facilities,

(l) CPPDSM4045—Facilitate meetings in the property industry,
(m) CPPDSM4047—Implement and monitor procurement process,

(n)

CPPDSM4048—Implement customer service strategies in the property industry,

(o)

CPPDSM4056 or CPPDSM4056A—Manage conflict and disputes in the property industry,

(p) CPPDSM4057—Monitor a safe workplace in the property industry,

(q)

CPPDSM4063—Participate in developing and establishing property or facility contracts,

(r) CPPDSM4074—Select and appoint contractors in the property industry, 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 successful completion of:

(s)

CPPDSM4084—Administer insurance for strata communities,

(t) CPPDSM4085—Handle strata community funds held on trust.

(3)

(a)

a CPP40609 or CPP40611 Certificate IV in Property Services (Operations) demonstrating competency in the following units:

(i) BSBFIA402 or BSBFIA402A—Report on financial activity,
(ii) BSBREL401 or BSBREL401A—Establish networks,
(iii) BSBLED401 or BSBLED401A—Develop teams and

individuals,

(iv) BSBRKG304, BSBRKG304A or BSBRKG304B—Maintain
business records,

(v)      BSBSMB402 or BSBSMB402A—Plan small business finances,

(vi)     BSBSMB406 or BSBSMB406A—Manage small business finances,

(vii)      CPPDSM4006A—Establish and manage agency trust accounts,

(viii)      CPPDSM4028 or CPPDSM4028A—Identify and analyse risks and opportunities in the property industry,

(ix)      CPPDSM4034—Negotiate and implement strata community management agreement or CPPDSM4034A—Assess and implement strata/community management agreement,

(x) CPPDSM4044 or CPPDSM4044A—Coordinate maintenance
and repair of properties and facilities,

(xi)      CPPDSM4045 or CPPDSM4045A—Facilitate meetings in the property industry,

(xii) CPPDSM4047 or CPPDSM4047A—Implement and monitor
procurement process,
(xiii)
CPPDSM4048, CPPDSM4048A or CPPDSM4048B—

Implement customer service strategies in the property industry,

(xiv)     CPPDSM4056 or CPPDSM4056A—Manage conflict and disputes in the property industry,

(xv)      CPPDSM4057 or CPPDSM4057A—Monitor a safe workplace in the property industry,

(xvi) CPPDSM4063 or CPPDSM4063A—Participate in developing
and establishing property or facility contracts,

(xvii)      CPPDSM4072 or CPPDSM4072A—Provide leadership in the property industry,

(xviii)     CPPDSM4074 or CPPDSM4074A—Select and appoint contractors in the property industry, and

(b) the following units:

(i)

CPPDSM3016 or CPPDSM3016A—Work in the property industry,

(ii)

CPPDSM3017 or CPPDSM3017A—Work in the strata community management sector,

(iii)

CPPDSM3019—Communicate with clients in the property industry or CPPDSM3019A or CPPDSM3019B—Communicate with clients as part of agency operations.

[10]      Clause 16 Recognition of past qualifications for strata managing agent’s licence

Omit clause 16 (a).

[11]      Clause 17

Omit the clause. Insert instead:

17 Current qualifications for 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 theperson with the statement of attainment or a qualification demonstrating

competency in the following units:

(a) BSBLED401 or BSBLED401A—Develop teams and individuals,
(b) BSBRKG304, BSBRKG304A or BSBRKG304B—Maintain business
records,
(c) CPPDSM3019—Communicate with clients in the property industry or CPPDSM3019A or CPPDSM3019B—Communicate with clients as part of agency operations,
(d) CPPDSM4005A—Establish and build client-agency relationships,
(e) CPPDSM4006A—Establish and manage agency trust accounts,
(f) CPPDSM4007A—Identify legal and ethical requirements of property management to complete agency work,
(g) CPPDSM4010A—Lease property,
(h) CPPDSM4015A or CPPDSM4015B—Minimise agency and consumer risk,

(i)      CPPDSM4016A—Monitor and manage lease or tenancy agreement,

(j) CPPDSM4080A—Work in the real estate industry.

[12]      Clause 18 Recognition of past qualifications for on-site residential property manager’s licence

Omit clause 18 (a).

[13]      Clause 19

Omit the clause. Insert instead:

19 Current qualifications for certificate of registration as 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 the following units:

(a)

CPPDSM3019—Communicate with clients in the property industry or CPPDSM3019A or CPPDSM3019B—Communicate with clients as part of agency operations,

(b)

CPPDSM4007A—Identify legal and ethical requirements of property management to complete agency work,

(c)

CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work,

(d) CPPDSM4080A—Work in the real estate industry.

[14]      Clause 20 Recognition of past qualifications for certificate of registration as real estate salesperson

Omit clause 20 (a).

[15]      Clause 21

Omit the clause. Insert instead:

21 Current qualifications for certificate of registration as 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 trainingorganisation has issued the person with a statement of attainment or a

qualification demonstrating competency in the following units:

(a) CPPDSM3019—Communicate with clients in the property industry or CPPDSM3019A or CPPDSM3019B—Communicate with clients as part of agency operations,
(b) CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work,
(c) CPPDSM4081A—Work in the stock and station agency sector.

[16]      Clause 22 Recognition of past qualifications for certificate of registration as stock and station salesperson

Omit clause 22 (a).

[17]      Clause 23

Omit the clause. Insert instead:

23 Current qualifications for certificate of registration as business salesperson

registration as a business salesperson if a registered training organisation hasA person has the qualifications required for the issue of a certificate of

issued the person with a statement of attainment or a qualification

demonstrating competency in the following units:

(a) CPPDSM3019—Communicate with clients in the property industry or CPPDSM3019A or CPPDSM3019B—Communicate with clients as part of agency operations,
(b) CPPDSM4008A—Identify legal and ethical requirements of property sales to complete agency work,
(c) CPPDSM4079A—Work in the business broking sector.

[18]      Clause 24 Recognition of past qualifications for certificate of registration as business salesperson

Omit clause 24 (a).

[19]      Clause 25

Omit the clause. Insert instead:

25

Current qualifications for certificate of registration as registered strata manager or registered community manager

registration as a registered strata manager or registered community manager ifA person has the qualifications required for the issue of a certificate of

a registered training organisation has issued the person with a statement of attainment or a qualification demonstrating competency in the following units:

(a) CPPDSM3016 or CPPDSM3016A—Work in the property industry,
(b) CPPDSM3017 or CPPDSM3017A—Work in the strata community management sector,
(c) CPPDSM3019—Communicate with clients in the property industry or CPPDSM3019A or CPPDSM3019B—Communicate with clients as part of agency operations.

[20]      Clause 26 Recognition of past qualifications for certificate of registration as registered strata manager or registered community manager

Omit clause 26 (a).

[21]      Clause 27

Omit the clause. Insert instead:

27 Current qualifications for certificate of registration as 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 a qualification demonstrating competency in the following units:

(a) CPPDSM3019—Communicate with clients in the property industry or CPPDSM3019A or CPPDSM3019B—Communicate with clients as part of agency operations,
(b) CPPDSM4007A—Identify legal and ethical requirements of property management to complete agency work,
(c) CPPDSM4080A—Work in the real estate industry.

[22]      Clause 28 Recognition of past qualifications for certificate of registration as registered strata manager or registered community manager

Omit clause 28 (a).

[23]      Clause 28 (f)

Omit the paragraph. Insert instead:

(f) a registered training organisation has issued the person with a statement of attainment or a qualification demonstrating competency in the following units:
(i) CPPDSM3016A—Work in the property industry,
(ii) CPPDSM3019A or CPPDSM3019B—Communicate with
clients as part of agency operations,
(iii) CPPDSM4080A—Work in the real estate industry.
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