Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2020 (WA)

24 December 2020 GOVERNMENT GAZETTE, WA 4791

INDUSTRY REGULATION

IS301

Real Estate and Business Agents Act 1978

Real Estate and Business Agents (General)

Amendment Regulations (No. 2) 2020

SL 2020/257

(General) Regulations 1979.

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Real Estate and Business Agents

(General) Amendment Regulations (No. 2) 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 1 January 2021.

3. Regulations amended

These regulations amend the Real Estate and Business Agents

4792 GOVERNMENT GAZETTE, WA 24 December 2020

4.            Regulation 2 amended

(1)	In regulation 2(1) delete the definitions of: CPD activity CPD subject educational activity mandatory CPD activity mandatory CPD subject point value regulated person relevant day
(2)	In regulation 2(1) insert in alphabetical order:

approved CPD activity means an educational activity approved for a calendar year under regulation 4AC(1) or (2);

continuing professional development activity

means -

(a)	the successful completion of the modules under regulation 6A(3)(a); or
(b)	in 2021 - the successful completion of the modules under regulation 6A(3)(b); or
(c)	an approved CPD activity;

CPD subject means a continuing professional development subject listed in Schedule 1A; educational activity -

(a) means an activity that relates to a CPD subject
that is -

(i)     delivered in person, electronically or by

audio or audiovisual means; or

(ii)     a recording;

and

(b) includes -

(i)     a course of study; and

(ii)     the successful completion of any assessment required by the activity;

mandatory CPD activity means an approved CPD
activity specified by the Commissioner under
regulation 4AC(4) as a mandatory CPD activity for a
regulated person for a calendar year;
point value, in relation to a continuing professional

development activity, means -

(a) for an approved CPD activity - the point value
approved by the Commissioner for the activity
under regulation 4AC( 1) or (2); or

24 December 2020 GOVERNMENT GAZETTE, WA 4793

(b) in any other case —7 points;

regulated person means a licensee who is an

individual, or a sales representative;

5. Regulation 4A amended
Delete regulation 4A(2) and insert:

(2) The holding fee is payable -

(a)

on or before the day that is 60 days after the triennial certificate in respect of their licence; and

(b) subsequently at 3-year intervals on or before the day in that year that is 30 days after the anniversary of the day on which the licensee pays the holding fee under paragraph (a).

6.            Regulations 4AA to 4AC replaced

Delete regulations 4AA to 4AC and insert:

4AA. Educational requirements (Act s. 40B and 50C)

(1) For the purposes of sections 40B and 50C of the Act,
the prescribed educational requirements for a regulated
person for a calendar year are that the person complete
continuing professional development activities that -

(a)	have a combined point value of at least 10 points; and
(b)	include any mandatory CPD activities for the regulated person for the calendar year.

(2)	A regulated person is taken to have complied with
subregulation (1) for a calendar year if the person is -

(a) a licensee to whom both of the following
apply -

(i)     the licensee's licence is granted between 1 October and 31 December of the calendar year;

(ii)     the licensee completed a prescribed examination for the grant of the licence in the 12 months immediately before the day on which the licence is granted;

or

(b) a sales representative whose certificate of
registration was granted between 1 October and
31 December of the calendar year; or

4794 GOVERNMENT GAZETTE, WA 24 December 2020

(c) a regulated person -

(i)     to whom the Commissioner grants an exemption under regulation 4AB from all or part of the education requirements for the calendar year; and

(ii)     who complies with the requirements of the exemption.

(3) If a regulated person commences an educational
activity in a calendar year before the Commissioner's
approval of the activity as an approved CPD activity
takes effect under regulation 4AC, the regulated person
is taken not to have completed the activity for the
purposes of subregulation (1).

4AB. Exemption from educational requirements

(1)	A regulated person (the applicant) may apply to the Commissioner for a total or partial exemption from the education requirements under regulation 4AA( 1) for a calendar year.
(2)	The application for the exemption must -

(a)	be made in the calendar year to which the application relates; and
(b)	set out in sufficient detail -

(i)     the exemption applied for, including whether the application is for a total or partial exemption; and

(ii)     the basis upon which the exemption is being sought;

and

(c) otherwise be in the approved form.

(3) The Commissioner may grant the applicant the

exemption if the Commissioner considers it appropriate

to do so.

(4) Without limiting subregulation (3), the Commissioner
may grant the applicant the exemption if, during the
calendar year to which the application relates, the
applicant -

(a)	has a disability or is affected by illness or injury; or
(b)	has undertaken other educational or professional activities; or
(c)	would suffer undue hardship if required to comply with the educational requirements.

24 December 2020 GOVERNMENT GAZETTE, WA 4795

(5)	The Commissioner may grant the exemption subject to conditions.
(6)	The Commissioner must give the applicant a notice in writing setting out -

(a)	the Commissioner's decision on the application; and
(b)	if the decision is to grant the exemption -

(i)     whether the exemption is a total or partial exemption; and

(ii) exemption - the educational

if the exemption is a partial with; and

(iii)     any conditions to which the exemption is subject.

4AC. Commissioner to approve continuing professional

development activities

(1) Before 1 January of a calendar year, the Commissioner
must -

(a) by written notice, approve educational activities
as approved CPD activities for the year for -

(i)     all regulated persons; or

(ii)     particular regulated persons or classes of regulated persons;

and

(b)	approve a point value for undertaking each approved CPD activity; and
(c)	ensure that the approved CPD activities for each regulated person have a combined point
value of at least 10 points.

(2) After 1 January of a calendar year, the
Commissioner -

(a) may, by written notice, approve an educational
activity as an approved CPD activity for the
year for -

(i)     all regulated persons; or

(ii)     particular regulated persons or classes of regulated persons;

and

b) must approve a point value for undertaking the
approved CPD activity.

4796 GOVERNMENT GAZETTE, WA 24 December 2020

(3) The Commissioner may approve -

(a)	an approved CPD activity for particular regulated persons or classes of regulated persons; and
(b)	a different point value for an approved CPD activity for particular regulated persons or classes of regulated persons.

(4) The Commissioner may specify, by written notice, an
approved CPD activity as a mandatory CPD activity
for a calendar year for -

(a)	all regulated persons; or
(b)	particular regulated persons or classes of regulated persons.

(5) A written notice made under this regulation must -

(a)

if the notice is made under subregulation (1) each activity; and

(b)	be published on a website maintained by the Commissioner; and
(c)	specify the date on which the notice takes effect (which must not be a date earlier than the day on which the notice is published).

4AD. Commissioner to publish list of continuing

professional development activities on website

The Commissioner must maintain a list of continuing professional development activities on a website maintained by the Commissioner, including -

(a) the approved CPD activities for a calendar year for regulated persons; and

(b)	activity relates; and
the CPD subject to which each approved CPD
(c)	any mandatory CPD activities approved for regulated persons for the calendar year; and
(d)	the point value for each continuing professional development activity for regulated persons.

7. Regulation 8 amended
In regulation 8 delete the Penalty and insert:

Penalty: afine of $1 000.

24 December 2020 GOVERNMENT GAZETTE, WA 4797

8.            Regulation 16 inserted

After regulation 15 insert:

16.	Transitional regulation for Real Estate and Business Agents (General) Amendment Regulations (No. 2)2020
(1)	In this regulation - commencement day means the day on which the Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2020 regulation 8 comes into operation; former regulation 4AA means regulation 4AA as in force immediately before commencement day.
(2)	An approval of a CPD activity, and a point value for the activity, for 2020 made under former regulation 4AA is taken, on and from commencement day, to be an approval made under regulation 4AC for 2020.
(3)	If the Commissioner specified a CPD activity as a mandatory CPD activity under former regulation 4AA for 2020 and the specification is in force immediately before commencement day, the mandatory CPD activity is taken, on and from commencement day, to have been specified under regulation 4AC(4) for 2020.

9.            Schedule 1A amended

(1)	In the heading to Schedule 1A delete "Professional" and insert:
Continuing professional
(2)	Delete the reference after the heading to Schedule 1 A and insert:
[r. 2]

10.          Schedule 2 Form 2 amended

In Schedule 2 Form 2 delete "Department of Commerce -
Consumer Protection" (each occurrence) and insert:

Department of Mines, Industry Regulation and Safety - Consumer
Protection Division

4798 GOVERNMENT GAZETTE, WA 24 December 2020

11.          Schedule 2 Form 3 amended

In Schedule 2 Form 3 delete "Department of Commerce -

Consumer Protection" and insert:

Department of Mines, Industry Regulation and Safety - Consumer Protection Division
12.	Schedule 3 amended In Schedule 3 in the table:

(a)	delete the items for s. 35 and 37(3);
(b)	before the item for s. 40(1 )(a) insert:

s. 40B	Licensee failing to comply with educational
requirements $1000

(c) delete the items for s. 41(1)(a), 41(1)(b), 41(2)(a), 41(2)(b), 51(l), 70(1), 70(3), 70(8) and 86 and insert:

s. 50C	Sales representative failing to comply with
educational requirements $1000
s. 84(1)	Failing to cause audit of trust account undcr
section 70(1) S2000
s. 84(1)	Failing to deliver audit report to the
Commissioner under section 70(3) $2000
s. 84(1)	Failing to deliver a termination audit report under
section 70(8) S60()
s. 142	Failing to notify Commissioner of commencing or
ceasing business under section 35 S40()
s. 142	Branch manager acting for more than one licensee
or as an agent on own account under section 37(3) $400
s. 142	Failing to display official details at registered
office under section 41(1 )(a) $400
s. 142	Failing to display official details at branch office
under section 41(1)(b) $400
s. 142	Failing to display official details on all
correspondence and documents from registered
office under section 41(2)(a) $400
s. 142	Failing to display official details on all
correspondence and documents from branch
office under section 41(2)(b) $400
24 December 2020 GOVERNMENT GAZETTE, WA	4799

s. 142	Failing to notify Commissioner of commencing or
ceasing employment, or acting, as a sales
representative under section 51(1) $400

(d) in the item for r. 8 delete "$20" and insert:

$200

N. HAGLEY, Clerk of the Executive Council.