Real Estate and Business Agents (General) Amendment Regulations (No. 3) 2009 (WA)

28 August 2009	GOVERNMENT GAZETTE, WA	3347
-PART 1 -

These regulations are the Real Estate and Business Agents
(General) Amendment Regulations (No. 3) 2009.

CONSUMER & EMPLOYMENT PROTECTION

Real Estate and Business Agents Act 1978

Real Estate and Business Agents (General)

Amendment Regulations (No. 3) 2009

Made by the Governor in Executive Council.

1.            Citation

3348 GOVERNMENT GAZETTE, WA 28 August 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.

3.            Regulations amended

These regulations amend the Real Estate and Business Agents (General) Regulations 1979.
4.	Regulations 14 and 15 inserted After regulation 13 insert:

14.          Infringement notices

(1)	The offences specified in Schedule 3 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.
(2)	The modified penalty specified opposite an offence in Schedule 3 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004
section 5(3).
(3)	The Board may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2.
(4)	The Board is to issue to each authorised officer a
certificate, badge or identity card identifying the officer
as a person authorised to issue infringement notices.

15.          Forms

The forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.

28 August 2009 GOVERNMENT GAZETTE, WA 3349

5.            Schedule 2 amended

(1) ln Schedule 2 delete:

Schedule 2

[Regulation 7A]

Forms

Form 1

Western Australia

Real Estate and Business Agents Act 1978

[s. 131L(1)]

Real Estate and Business Agents (General) Regulations 1979

[r. 7A]

APPLICATION FOR GRANT OF WHOLE OR ANY PART OF

INCIDENTAL EXPENSES IN CONNECTION WITH PURCHASE OF A

DWELLING OR PARTIALLY ERECTED DWELLING

and insert:

Schedule 2 — Forms

[r. 15]

Form 1 — Application for grant for assistance with incidental expenses

under the Real Estate and Business Agents Act 1978 section 131L

Real Estate and Business Agents Act 1978

(2) At the end of Schedule 2 insert:

Form 2 — Infringement notice

Real Estate and Business Agents Act 1978	Infringement notice no.
Infringement notice
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

. n I leged	Description of offence
_	offence
Real Estate and Business Agents Act 1978 s.
Real Estate and Business Agents (General) Regulations 1979 r.
Date / /20 Time a.m./p.m.
Modified penalty $
GOVERNMENT GAZETTE, WA 2$ Auust 2009

Officer	Name
issuing
notice	Signature Office
Date	Date of notice / /20
Notice to	It is alleged that you have committed the above offence.
alleged	If you do not want to be prosecuted in court for the offence,
offender	pay the modified penalty within 28 days after the date of this notice. how to pay By post: Send a cheque or money order (payable to
'Approved Officer - Real Estate and Business Agents
Act 1978') to the following address: Approved Officer Real Estate and Business Agents Supervisory Board
[Address]
In person: Pay the cashier at: Real Estate and Business Agents Supervisory Board
[Address]
If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act your driver's licence and/or vehicle licence may be suspended. If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Approved Officer at the above postal address.
If you want this matter to be dealt with by prosecution in court, sign here and post this notice to the Approved Officer at the above

Form 3 - Withdrawal of infringement notice postal address within 28 days after the date of this notice.

Real Estate and Business Agents Act 1978	Withdrawal no.
Withdrawal of infringement notice
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Infringement Infringement notice no.
notice Date of issue / /20

28 August 2009 GOVERNMENT GAZETTE, WA 3351

Alleged	Description of offence
offence
Real Estate and Business Agents Act 1978 s.
Real Estate and Business Agents (General) Regulations 1979 r.
Date / /20 Time a.m./p.m.
Officer	Name
withdrawing
notice	Signature Office
Dale	Date of withdrawal / /20
Withdrawal	The above infringement notice issued against you has been
of	withdrawn.
infringement	If you have already paid the modified penalty for the alleged
no ice	offence you are entitled to a refund.
[*delete	* Your refund is enclosed.
whichever	or
is not
applicable)	* If you have paid the modified penalty but a refund is not

enclosed, to claim your refund sign this notice and post it

to:

Approved Officer -	Real Estate and Business Agents
Act 1978

Real Estate and Business Agents Supervisory Board

[Address]

Signature / /20

6.            Schedule 3 inserted

After Schedule 2 insert:  Schedule 3 Prescribed offences and

modified penalties

[r. 14]

Offences under Real Estate and Business Agents Modified

Act 1978 Penalty

s. 35	Failing to notify Registrar of ceasing
or commencing business $400
s. 36(1)	Failing to have registered office in
the State $200
s. 37(1)	Failing to register a branch office $200

3352 GOVERNMENT GAZETTE, WA 28 August 2009

Offences under Real Estate and Business Agents Modified

Act 1978 Penalty

s. 37(2)	Failing to have qualified manager at
branch office $200
s. 3 7(3)	Branch manager acting for more than
one licensee or as an agent on own
account S40()
s. 40(1)(a)	Carrying on business under a name not
endorsed on triennial certificate $200
s. 40(1)(b)	Failing to include surname and initials
of licensee on all business
correspondence $200
s.40(3)	Failing to notify Registrar of alteration
of business name $200
s. 4 1(1 )(a)	Failing to display official details at
registered office $400
s. 41(1)(b)	Failing to display official details at
branch office $400
s. 41(2)(a)	Failing to display official details on all
correspondence and documents from
registered office $400
s. 4](2)(b)	Failing to display official details on all
correspondence and documents from
branch office $400
s. 51(l)	Failing to notify Registrar of
commencing or ceasing employment,
or to act, as a sales representative $400

s. 70(1)	Failing to cause audit of trust account	$600
s. 70(3)	Failing to deliver audit report to
the Board	$600

Offence under Real Estate and Business Agents Modified

(General) Regulations 1979 Penalty

r. 8	Failing to notify Registrar of change in
particulars $20

By Command of the Governor,

PETER F. CONRAN. Clerk of the Executive Council.