Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1996 (WA)

25 June 1996]	GOVERNMENT GAZETTE, WA	2923
FT304

Business Licensing Amendment Act 1995 comes into operation.

REAL ESTATE AND BUSINESS AGENTS ACT 1978

REAL ESTATE AND BUSINESS AGENTS (GENERAL) AMENDMENT

REGULATIONS (No. 2) 1996

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Real Estate and Business Agents

(General) Amendment Regulations (No. 2) 1996.

Commencement

2. These regulations come into operation on the day on which Part 8 of the

2924 GOVERNMENT GAZETTE, WA [25 June 1996

Principal regulations

3.     In these regulations the Real Estate and Business Agents (General)

Regulations 19791 are referred to as the principal regulations.

[* Reprinted as at 1 October 1992.

For amendments to 7 June 1996 see 1995 Index to Legislation of Western Australia, Table 4, p. 233.1

Regulation 4 amended

4.     Regulation 4 of the principal regulations is amended -

by inserting after the regulation designation the

(a) subregulation designation "(1)"; and

(b) by inserting the following subregulation -

44

accordance with section 49 of the Act after the day on (2) If a certificate of registration is renewed in

which the certificate expired, a late fee equal to one quarter of the fee specified in item 7 of Schedule 1 for the renewal of the certificate is payable in addition to that specified fee.

Regulations 4A and 4B inserted

5.     After regulation 4 of the principal regulations the following regulations

are inserted -

"

Holding fee

4A.	(1) In this regulation -
"holding fee" means the fee set out in item 13 of Schedule 1 and referred to in section 30 (2a) (b) of the Act.
(2)	The holding fee is payable -

(a)	in the case of a licensee who, on the coming into operation
holds a licence but does not hold a triennial certificate in of Part 8 of the Business Licensing Amendment Act 1995,

respect of the licence, within 60 days after the coming into operation of that Part, and triennially after that payment; or

(b) in any other case, within 60 days after a licensee ceases to

hold a current triennial certificate in respect of the licence

held by the licensee, and triennially after that payment.

(3) The Board may refund to a licensee -

(a)	licensee is granted a triennial certificate less than one year	two-thirds of the holding fee paid by the licensee if the
after paying the holding fee; or
(b)	one-third of the holding fee paid by the licensee if the licensee is granted a triennial certificate one year or more,
but less than 2 years, after paying the holding fee.

Prescribed periods

4B. (1) For the purposes of section 48 (1) and (2) of the Act, the

prescribed period is 3 years.

(2) For the purposes of section 49 (2) of the Act, the prescribed

period is 3 years. ,,

25 June 1996] GOVERNMENT GAZETTE, WA 2925

Schedule 1 amended

6. Schedule 1 of the principal regulations is amended —

(a) after the heading "SCHEDULE 1", by deleting "[Reg 41" and substituting the following —

" [Regs. 4 and 4A] ";

(b)	in item 6, by deleting "66" and substituting the following — " 132 ";
(c)	in item 7, by deleting "66" and substituting the following — " 132 "; and
(d)	by inserting after item 12 the following item —

Ct

13. For the purposes of section 30 (2a) 150

(the holding fee)

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.