Real Estate and Business Agents (General) Amendment Regulations 2020 (WA)

30 October 2020 GOVERNMENT GAZETTE, WA 4035

INDUSTRY REGULATION

1301

Real Estate and Business Agents Act 1978

Real Estate and Business Agents (General)

Amendment Regulations 2020

SL 2020/209

Made by the Governor in Executive Council.

1. Citation

These regulations are the Real Estate and Business Agents

(General) Amendment Regulations 2020.

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.

3. Regulations amended

certificate of registration that is subject to a special

These regulations amend the Real Estate and Business Agents

(General) Regulations 1979.

4. Regulation 2 amended

(1) In regulation 2:

(a) delete "In these regulations," and insert:

(I) In these regulations,

(b) insert in alphabetical order:

restricted certificate (property management) means a

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condition restricting the sales representative to property
management transactions only;
restricted certificate (sales) means a certificate of
registration that is subject to a special condition
restricting the sales representative to sales transactions
only;
unrestricted certificate means a certificate of
registration that is neither a restricted certificate
(property management) nor a restricted certificate

(sales);

(2)

At the end of regulation 2 insert:

(2)	In these regulations a reference to the examinations required to be passed for the conferral of a particular degree or qualification is a reference to the examinations that are or were required to be passed for the conferral of that degree or qualification at any time when it is or was conferred.
(3)	In these regulations a reference to a registered qualification, a training package or a module of a training package is a reference to a registered qualification, training package or module of a training package that is -

(a)

recorded on the National Register on the Department of Education, Skills and Employment of the Commonwealth; and

(b) provided by a registered training provider.

5.           Regulations 6 and 6A replaced

Delete regulations 6 and 6A and insert:

6.	Prescribed examinations for licence applicants (Act Sch. 1 ci. 1(a))
(1)	The prescribed examinations for the purposes of Schedule 1 clause 1(a) of the Act are -

(a) the examinations required to be passed for the
conferral by Curtin University of any of the
following degrees or diplomas -

(i)     Bachelor of Commerce (Property and Marketing);

(ii)     Bachelor of Commerce (Property);

(iii)      Bachelor of Commerce (Property and Finance);

30 October 2020 GOVERNMENT GAZETTE, WA 4037

(iv)	Bachelor of Commerce (Property Development and Valuation);
(v)	Bachelor of Commerce (Property Valuation);

(vi)     Master of Property;

(vii)     Graduate Diploma in Property;

or

(b)	the examinations required to be passed for the conferral of a Diploma of Property Services (Agency Management) registered qualification CPP50307; or
(c)	conferral of a Diploma of Property (Agency Management) registered qualification the examinations required to be passed for the examinations prescribed for the applicant under subregulation (2); or
(d)	for an applicant who was a licensee and who ceased to be licensed under section 30(2a) of the Act, the examinations which were
prescribed under regulation 6 of these regulations immediately before the commencement of the Real Estate and Business Agents (General) Amendment Regulations 2003.

(2)	Additional examinations are prescribed for an applicant mentioned in subregulation (1)(c) as shown in the Tables to this regulation according to the certificate of registration that the applicant holds.
Table 1 - Additional prescribed examinations

Additional prescribed

Kind of certificate held examinations

Unrestricted certificate acquired

by completing the qualification	No additional examinations
prescribed in regulation 6A(3)(a)
Either:
1. the examinations required to be passed for successful completion of modules from the CPP Property Services
Any other unrestricted certificate	Training Package listed in Table 2 to this regulation as follows -
(a) each of the modules indicated as mandatory in Column 1;

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Additional prescribed

Kind of certificate held examinations

(b)	any 3 of the modules indicated as elective in Column 1;
or

2. the examinations required to
be passed for the conferral of a
Certificate IV in Property
Services (Real Estate)
registered qualification
CPP40307.

Either:

1. be passed for successful
completion of modules from
the CPP Property Services
Training Package listed in

the examinations required to follows -

(a) each of the modules
indicated as mandatory in

Restricted certificate (property Column 2;

management)	(b)
any 3 of the modules Column 2;
or

2. the examinations required to
be passed for the conferral of a
Certificate IV in Property
Services (Real Estate)
registered qualification
CPP40307.

Either:

1. the examinations required to
be passed for successful
completion of modules from
the CPP Property Services
Training Package which would
be the prescribed qualification
under regulation 6A(3)(a) if

Restricted certificate (sales) the applicant were applying for
an unrestricted certificate;
or

2. the examinations required to
be passed for the conferral of a
Certificate IV in Property
Services (Real Estate)
registered qualification
CPP40307.

30 October 2020 GOVERNMENT GAZETTE, WA 4039

Additional prescribed

Kind of certificate held examinations

The examinations required to be passed for successful completion of modules from the CPP

Property Services Training

No certificate of registration Package which would be the
prescribed qualification under
regulation 6A(3)(a) if the
applicant were applying for an
unrestricted certificate.

Table 2— Modules of CPP Property Services Training

Package

Column 1 Column 2

CPPREP4005	Mandatory	Mandatory
CPPREP4 103	Not accepted	Mandatory
CPPREP4 104	Not accepted	Mandatory
CPPREP4 105	Not accepted	Mandatory
CPPREP4 121	Mandatory	Not accepted
CPPREP4 122	Mandatory	Not accepted
CPPREP4 123	Mandatory	Not accepted
CPPREP4 124	Mandatory	Not accepted
CPPREP4 125	Mandatory	Mandatory

CPPREP4 102 Elective Elective

CPPREP4201	Elective	Elective
CPPREP4202	Elective	Elective
CPPREP4203	Elective	Elective
CPPREP4204	Elective	Elective
CPPREP5201	Elective	Elective

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6A.	Prescribed qualifications for certificate applicants (Act s. 47(2))
(1)	For a person who applies for a restricted certificate (property management), the prescribed qualification for the purposes of section 47(2) of the Act is -

(a)

if the application is made on or before of each of the modules from the CPP07 Property Services Training Package indicated as mandatory in Column 1 of Table 1 to this regulation; or

(b) the successful completion of each of the modules from the CPP Property Services Training Package indicated as mandatory in

Column 2 of Table 2 to this regulation.

(2) For a person who applies for a restricted certificate
(sales), the prescribed qualification for the purposes of
section 47(2) of the Act is the successful completion of
modules from the CPP Property Services Training
Package listed in Table 2 to this regulation as
follows -

(a)	each of the modules indicated as mandatory in Column 1;
(b)	any 3 of the modules indicated as elective in Column 1.

(3) For a person who applies for an unrestricted certificate,
the prescribed qualification for the purposes of
section 47(2) of the Act is the successful completion
of—

(a) modules from the CPP Property Services Training Package listed in Table 2 to this

regulation as follows -

(i)     each of the modules indicated as mandatory in Column 3;

(ii)     any 3 of the modules indicated as elective in Colunm 3;

or

(b) if the application is made on or before
30 September 2021 - each of the modules
from the CPP07 Property Services Training
Package indicated as mandatory in Column 2 of
Table 1 to this regulation.

30 October 2020 GOVERNMENT GAZETTE, WA 4041

Table 1 - Modules of CPP07 Property Services Training

Package

Column I Column 2

Applicants for restricted Applicants for

certificate (property	unrestricted
management)	certificate

CPPDSM4003A	Not accepted	Mandatory
CPPDSM4007A	Mandatory	Mandatory
CPPDSM4008A	Not accepted	Mandatory
CPPDSM40 1 0A	Mandatory	Not accepted
CPPDSM401 1A	Mandatory	Not accepted
CPPDSM40 1 2A	Not accepted	Mandatory
CPPDSM40 I 3A	Mandatory	Not accepted
CPPDSM40 I 4A	Not accepted	Mandatory
CPPDSM40 1 6A	Mandatory	Not accepted
CPPDSM4022A	Not accepted	Mandatory
CPPDSM4080A	Mandatory	Mandatory

Table 2— Modules of CPP Property Services Training

Package

Column 1	Column 2	Column 3
Applicants for	Applicants for	Applicants for
restricted	restricted	unrestricted

certificate (sales)	certificate	certificate
(property

management)

CPPREP400 1	Mandatory	Mandatory	Mandatory
CPPREP4002	Mandatory	Mandatory	Mandatory
CPPREP4003	Mandatory	Mandatory	Mandatory
CPPREP4004	Mandatory	Mandatory	Mandatory
CPPREP4005	Mandatory	Mandatory	Mandatory
CPPREP4101	Mandatory	Mandatory	Mandatory
CPPREP4 102	Mandatory	Mandatory	Mandatory

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Column 1	Column 2	Column 3
Applicants for	Applicants for	Applicants for
restricted	restricted	unrestricted
certificate (sales)	certificate	certificate
(property

management)

CPPREP4103	Mandatory	Not accepted	Mandatory
CPPREP4104	Mandatory	Not accepted	Mandatory
CPPREP4105	Mandatory	Not accepted	Mandatory
CPPREP4121	Not accepted	Mandatory	Mandatory
CPPREP4122	Not accepted	Mandatory	Mandatory
CPPREP4123	Not accepted	Mandatory	Mandatory
CPPREP4124	Not accepted	Mandatory	Mandatory
CPPREP4125	Not accepted	Mandatory	Mandatory
CPPREP4201	Elective	Not accepted	Elective
CPPREP4202	Elective	Not accepted	Elective
CPPREP4203	Elective	Not accepted	Elective
CPPREP4204	Elective	Not accepted	Elective
CPPREP5201	Elective	Not accepted	Elective

6. Regulation 6B amended

In regulation 6B:
(a)	in paragraph (a) delete "one year" and insert:

3 years

(b)	delete paragraph (c) and insert:
(c) who has passed the examinations prescribed by regulation 6 to qualify for the grant of a licence; or

V. MOLAN, Clerk of the Executive Council.