Real Estate and Business Agents (General) Amendment Regulations 2007 (WA)

6 February 2007 GOVERNMENT GAZETTE, WA 307

CE301*

Real Estate and Business Agents Act 1978

Real Estate and Business Agents (General)

Amendment Regulations 2007

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Real Estate and Business Agents
(General) Amendment Regulations 2007.

2.            The regulations amended

The amendments in these regulations are to the Real Estate and
Business Agents (General) Regulations 1979*.

[* Reprinted as at 8 March 2002.

For amendments to 10 January 2007 see Western Australian
Legislation Information Tables for 2005, Table 4, and

in Schedule 1A Division 1; and

Gazette 27 June and 17 November 2006.]

3.             Regulation 4AA inserted

After regulation 4A the following regulation is inserted —

4AA.	Prescribed educational requirements for agents
(1)	It is a prescribed educational requirement for the purposes of section 31(3)(b) of the Act that the licensee, or if the licensee is a body corporate, each person concerned in the management or conduct of the body corporate, has undertaken, during the preceding period —

(a) an educational activity, approved under

subregulation (3), for each of the subjects listed

308 GOVERNMENT GAZETTE, WA 6 February 2007

(b) an educational activity, approved under

subregulation (3), for any of the subjects listed

in Schedule 1A Division 2,

so that the total value of the activities undertaken,
calculated in accordance with subregulations (7) and

(8), is 10 points or more.

(2) In subregulation (1) -

"preceding period" means the 3 years preceding the

day on which the triennial certificate for which the
licensee is seeking renewal, expired or is due to

expire.

(3) For each subject listed in Schedule 1A Divisions 1

and 2, the Board is to approve one or more of the
following educational activities as activities that may

be undertaken for the purposes of subregulation (1) -

(a)	attendance, including by means of audiolink or videolink, at a training course provided by a specified body or person and successful completion of any assessment requirements for that course;
(b)	attendance, including by means of audiolink or videolink, at a seminar presented by a specified body or person;
(c)	viewing of a specified recording;
(d)	participation in a specified course of study, or a specified component of a course of study, and successful completion of any assessment requirements for that course or component.

(4) In subregulation (3) -

"specified" means specified by the Board in the notice

published under subregulation (5).

(5) The Board is to publish notice of an approval under
subregulation (3) on its website.

(6) An approval under subregulation (3) may apply in

relation to all licensees or to any class of licensees.

(7) The value of an educational activity is measured in

points and points accrue at the rate of—

(a)	0.5 points per half hour spent engaged in an activity of a kind referred to in subregulation (3)(a) or (b); and
(b)	0.5

points per hour spent engaged in an activity or (d).

6 February 2007 GOVERNMENT GAZETTE, WA 309

(8) The maximum number of points that a person can

accrue in a year by undertaking educational activities

of a kind referred to in subregulation (3)(c) or (d) is -

(a) 6 points if the person's principal place of business is more than 100 km from Perth, Kalgoorlie, Geraldton, Albany, Bunbury and

Busselton; or

(b) 3 points in any other case.

4.            Schedule 1A inserted

After Schedule 1 the following Schedule is inserted

Schedule IA Professional development subjects

[r. 4AA]

Division 1 - \landatory professional development subjects

1.             Valid appointments

2.             Conflicts of interest and disclosures

3.             Reconciliation of trust accounts

Division 2 - Elective professional development subjects

1.             Agency agreements

2.              Auctions

3.              Business bro king

4.              Business management practices

5.             Buyer's agents

6.              Communication

7.              Conflict of interest and disclosure

8.             Customer service skills

9.             Disciplinary proceedings

I ft	Law of contracts
H.	Managing agency risk
12.	Legislation regulating the carrying on of business as au agent in Western Australia
13.	Property management
14.	Sale and lease of commercial property
15.	Sale process
16.	Strata management
17.	Trust accounting

310 GOVERNMENT GAZETTE, WA 6 February 2007

18.           Understanding real estate documents

19.           Valid appointment to act

By Command of the Governor.

M. C. WAUCHOPE, Clerk of the Executive Council.