Real Estate and Business Agents Amendment Act 1994 (WA)

WESTERN AUSTRALIA

REAL ESTATE AND BUSINESS

AGENTS AMENDMENT ACT 1994

No. 43 of 1994

AN ACT to amend the Real Estate and Business Agents

Act 1978.

[Assented to 31 August 1994.]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Real Estate and Business

Agents Amendment Act 1994.

No. 43]

Real Estate and Business Agents

Amendment Act 1994

Commencement

2. (1) Subject to subsection (2), this Act comes into operation

on the day on which it receives the Royal Assent.

(2) Sections 7 and 8 (b) (i) come into operation on such day

as is, or days as are respectively, fixed by proclamation.

Principal Act

3. In this Act the Real Estate and Business Agents Act 1978* is

referred to as the principal Act.

[* Reprinted as at 7 November 1985.

For subsequent amendments see 1993 Index to

Legislation of Western Australia, Table 1, p. 177.]

Sections 12A and 12B inserted

4. After section 12 of the principal Act the following sections

are inserted —

Minister may give directions

12A. (1) The Minister may give directions in

writing to the Board with respect to the exercise of its powers and functions, either generally or in relation to a particular matter, and the Board shall give effect to any such direction.

(2) The text of any direction given under subsection (1) is to be included in the annual report submitted by the accountable authority of the Board under section 66 of the Financial Administration and Audit Act 1985.

Real Estate and Business Agents

[No. 43

Amendment Act 1994

Minister to have access to information

12B. (1) The Minister is entitled

(a)	to have information in the possession of the Board; and
(b)	where the information is in or on a document, to have, and make and retain copies of, that document.

(2) For the purposes of subsection (1) the Minister

may —

(a)	request the Board to furnish information to the Minister;
(b)	request the Board to give the Minister access to information;
(c)	for the purposes of paragraph (b) make use of the staff of the Board to obtain the information and furnish it to the Minister.

(3) The Board shall comply with a request under subsection (2) and make its staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection.

(4) In this section —

"document" includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;

"information" means information specified, or

of a description specified, by the Minister

that relates to the functions of the Board.

No. 43]

Real Estate and Business Agents

Amendment Act 1994

Section 13111 amended

5. Section 131H of the principal Act is amended —

(a)	in subsection (2), by deleting paragraph (a) and substituting the following paragraph —

(a) one shall be a person with experience in commercial finance appointed by the Minister;

and

(b)	in subsection (3), by deleting paragraph (a) and substituting the following paragraph —

(a)	the member referred to in subsection (2) (a);

Section 13111 amended

6. Section 131K of the principal Act is amended —

(a)	in subsection (1), by deleting "(2) (c)" and substituting the following —

(2) (a) or (c)

"; and

(b)	in subsection (2), by deleting "(2) (c) — " and substituting the following —

itf

(2) (a) or (c) —

Real Estate and Business Agents

[No. 43

Amendment Act 1994

Section 131L amended

7. Section 131L of the principal Act is amended —

(a)	in subsection (1), by deleting "on behalf of the person lodge with the Registrar of Building Societies" and substituting the following —

, not later than 60 days after the date of the contract to purchase the dwelling, on behalf of the person lodge with the Registrar

and

(b)	by repealing subsections (2) and (3) and substituting the following subsection —

(2) A reference in this section to a dwelling in relation to the making of a loan is a reference to a dwelling that is, or is intended to be, used by the person to whom the loan is made as a home for that person, whether alone or with another person or other persons.

Section 131M amended

8. Section 131M of the principal Act is amended —

(a) in subsection (1), by deleting "of Building

Societies"; and

No. 43]

Real Estate and Business Agents

Amendment Act 1994

(b) in subsection (3) —

(i) by deleting "current criteria formulated under section 1310 (2)" and substituting the following —

criteria formulated under section 1310 (2) which were current at the date of the lodging of the application under section 131L (1)

and

(ii) in paragraph (a), by inserting after "$1 000" the following —

or such other maximum amount as is

prescribed

Section 1310 amended

9. Section 1310 (1) of the principal Act is amended —

(a)	by deleting paragraphs (a) and (d);
(b)	in paragraph (e), by deleting "Societies," and substituting the following —

Societies; and

"; and

(c)	by inserting after paragraph (e) the following paragraph —

(f) such other persons as may be

prescribed,

Real Estate and Business Agents

[No. 43

Amendment Act 1994

Section 145 amended

10. Section 145 (2) of the principal Act is amended by inserting

after paragraph (j) the following paragraphs —

(k) prescribe a maximum amount for the purposes of

section 131M (3) (a);

(ka) prescribe persons for the purposes of section

1310 (1) (0;

Amendment of penalties

11. The sections referred to in Column 1 of the Table to this

section are amended in the manner set out opposite them in

Column 2.

TABLE

Column 1

Column 2

section 17 (1)

Delete 1300." and substitute the

following —

$3 000.

section 20 (2)

Delete "$500." and substitute the

following —

.01

$5 000.

section 26

Delete "$2 000." and substitute the

following —

$20 000.

No. 43]

Real Estate and Business Agents

Amendment Act 1994

section 36 (1)

Delete "$100." and substitute the

following —

$1000.

section 37 (1)

Delete "$100." and substitute the

following —

$1 000.

section 37 (2)

Delete "$100." and substitute the

following —

$1 000.

section 39

Delete "$500." and substitute the

following —

$20 000.

section 40

Delete "$100." and substitute the

following —

$1 000.

section 44 (1)

Delete "$300." and substitute the

following —

$3 000.

section 44 (2)

Delete 1300." and substitute the

following —

$3 000.

section 44 (3)

Delete "$300." and substitute the

following —

$3 000.

Real Estate and Business Agents

[No. 43

Amendment Act 1994

section 45 (1)

Delete "$300." and substitute the

following —

$3 000.

section 45 (2)

Delete "$300." and substitute the

following

$3 000.

section 45 (3)

Delete "$200." and substitute the

following

$3 000.

section 46

Delete "$200." and substitute the

following

$2 000.

section 52 (2)

Delete "$300." and substitute the

following —

$3 000.

section 54 (1)

Delete "$300." and substitute the

following —

$3 000.

section 54 (2)

Delete "$300." and substitute the

following —

$3 000.

section 55 (1)

Delete "$300." and substitute the

following —

$3 000.

No. 43]

Real Estate and Business Agents

Amendment Act 1994

section 55 (2)

Delete "$300." and substitute the

following —

$3 000.

section 55 (3)

Delete "$300." and substitute the

following —

$3 000.

section 56 (1)

Delete "$2 000." and substitute the

following —

$10 000.

section 56 (2)

Delete "$2 000." and substitute the

following —

$10 000.

section 57 (1)

Delete "$100." and substitute the

following —

$1 000.

section 58 (1)

Delete 1100." and substitute the

following —

$1 000.

section 60 (3)

Delete "$500." and substitute the

following —

$5 000.

Real Estate and Business Agents

[No. 43

Amendment Act 1994

section 61 (5)

Delete "$500." and substitute the

following —

$5 000.

section 64 (1)

Delete "$500" and substitute the

following —

$5 000

section 64 (2)

Delete "$500" and substitute the

following —

$5 000

section 66 (1)

Delete "$500." and substitute the

following —

”.

$5 000.

section 84 (1)

Delete "$300." and substitute the

following

$3 000.

section 96

Delete "$400." and substitute the

following —

$4 000.

section 99 (5)

Delete "$400." and substitute the

following —

$4 000.

section 103 (1) (b)

Delete "$1 000" and substitute the

following —

$10 000

No. 43]

Real Estate and Business Agents

Amendment Act 1994

section 103 (3) (b)

Delete "$200" and substitute the

following —

$3 000 ".

section 105 (1) (b)

Delete "$1 000" and substitute the

following —

$10 000

section 106 (1)

Delete "$500." and substitute the

following —

$10 000.

section 106 (2)

Delete 1500." and substitute the

following —

$5 000.

section 142 (2)

Delete 1200." and substitute the

following —

$2 000.