Real Estate and Business Agents (General) Amendment Regulations 2009 (WA)

17 April 2009 GOVERNMENT GAZETTE, WA 1319

CE301*

Real Estate and Business Agents Act 1978

Real Estate and Business Agents (General)

Amendment Regulations 2009

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Real Estate and Business Agents
(General) Amendment Regulations 2009.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

on 1 January;

3.            Regulations amended

These regulations amend the Real Estate and Business Agents
(General) Regulations 1979.

4.            Regulation 2 amended

(1)	In regulation 2 delete the definitions of:
approved educational activity mandatory professional development subject points
previous regulations
(2)	In regulation 2 insert in alphabetical order:

calendar year means a period of 12 months beginning

1320 GOVERNMENT GAZETTE, WA 17 April 2009

CPD activity means -

(a)	in relation to the calendar year 2009 or any subsequent calendar year, an educational activity approved for that calendar year in accordance with regulation 4AA(1); and
(b)	in relation to either of the calendar years 2007 and 2008, an educational activity approved for that calendar year in accordance with

regulations in force at the time of approval; CPD subject means a subject listed in Schedule 1A; educational activity means -

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

mandatory CPD activity, in relation to the calendar year 2009 or any subsequent calendar year, means a CPD activity for that year which the Board has

specified as a mandatory CPD activity for that year in

accordance with regulation 4AA(3)(b);

mandatory CPD subject, in relation to either of the
calendar years 2007 and 2008, means a CPD subject
which is a mandatory subject for that calendar year
under or in accordance with regulations in force with
respect to that calendar year;

point value means -

(a) calendar year 2009 or any subsequent calendar

in relation to a CPD activity approved for the regulation 4AA(1)(b); and

(b) in relation to a CPD activity approved for either of the calendar years 2007 or 2008, the point value specified or determined in accordance with regulations in force at the time of approval;

17 April 2009 GOVERNMENT GAZETTE, WA 1321

relevant day, for a calendar year, means -

(a)	for the calendar year 2009, the day which is 14 days after the day on which regulation 5 of the Real Estate and Business Agents (General)
Amendment Regulations 2009 comes into operation; and
(b)	for the calendar year 2010 and each subsequent calendar year, 1 January in that calendar year;

regulated person means a licensee to whom
regulation 4AB applies or a sales representative to
whom regulation 4AC applies;

5.            Regulations 4AA, 4AB and 4AC replaced

Delete regulations 4AA, 4AB and 4AC and insert:

4AA. CPD activities

(1) For each calendar year the Board is to approve
educational activities in accordance with this
regulation.

(2) In approving an educational activity under

subregulation (1) -

(a)	the Board is to specify a point value for the educational activity, and may specify different point values in relation to different regulated persons or classes of regulated persons; and
(b)	the Board is to specify the CPD subject or CPD subjects in relation to which the educational activity is approved; and
(c)	the Board may approve the educational activity in relation only to specified regulated persons

(3) Before the relevant day for each calendar year, in or a specified class of regulated persons.

relation to each regulated person -

(a) the Board is to approve educational activities for that calendar year under subregulation (1) which have an aggregate point value of at least

10; and

(b) the Board may specify one or more CPD activities for that calendar year as mandatory CPD activities for that calendar year.

(4) At any time after the relevant day for each calendar

year the Board may approve further educational
activities for that calendar year under subregulation (1).

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(5) Throughout each calendar year the Board is to maintain
on its website an up-to-date notice setting Out -

(a)	sufficient details to identify each CPD activity for that calendar year for each regulated person; and
(b)	in relation to each CPD activity -

(1) the CPD subject to which it relates; and

(ii) its point value;

and

(c) if the Board has specified mandatory CPD activities for that year in accordance with subregulation (3)(b), sufficient details to identify the mandatory CPD activities for each

regulated person.

4AB. Prescribed educational requirement -

section 31(3)(b)

(1) This regulation applies to a licensee -

(a)	who is a natural person; and
(b)	whose triennial certificate is due to expire during the calendar year 2009 or a subsequent calendar year.

(2) It is an educational requirement for the purposes of

section 31(3)(b) that, subject to subregulation (3), during each of the 3 calendar years preceding the calendar year in which a triennial certificate expires the

licensee has undertaken CPD activities approved for

that calendar year in relation to the licensee -

(a) which have an aggregate point value of at least 10; and

(b) which-	(i)	in respect of any calendar year before the calendar year 2009, include at least one CPD activity approved in respect of each mandatory CPD subject for that calendar year; and
(ii)	in respect of the calendar year 2009 or any subsequent calendar year, include any mandatory CPD activities in
relation to that licensee for that calendar year.

(3) Where a triennial certificate -

(a)	expires during the calendar year 2009; or
(b)	expires for the first time after it was granted,

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the requirement to have undertaken CPD activities set Out in subregulation (2) applies only in respect of the 2 calendar years preceding the year in which the

certificate expires.

4AC. Prescribed educational requirement -

section 48(5)(b)

(1) This regulation applies to a sales representative whose

certificate of registration is due to expire during the

calendar year 2010 or a subsequent calendar year.

(2) It is an educational requirement for the purposes of

section 48(5)(b) that, subject to subregulation (3), during each of the 3 calendar years preceding the calendar year in which a certificate of registration expires the sales representative has undertaken CPD

activities approved for that calendar year in relation to

the sales representative -

(a)	which have an aggregate point value of at least 10; and
(b)	which, in respect of the calendar year 2009 or any subsequent calendar year, include any mandatory CPD activities in relation to that sales representative for that calendar year.

(3) Where a certificate of registration expires for the first

time after it was granted, the requirement to have
undertaken CPD activities set Out in subregulation (2)
applies only in respect of the 2 calendar years

preceding the year in which the certificate expires.

By Command of the Governor. PETER CONRAN, Clerk of the Executive Council.