Real Estate and Business Agents (General) Amendment Regulations (No. 5) 2007 (WA)

28 December 2007 GOVERNMENT GAZETTE, WA 6403

CE301*

Real Estate and Business Agents Act 1978

Real Estate and Business Agents (General)

Amendment Regulations (No. 5) 2007

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Real Estate and Business Agents
(General) Amendment Regulations (No. 5) 2007.

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.            The regulations amended

The amendments in these regulations are to the Real Estate and
Business Agents (General) Regulations 1979.

4.            Regulation 2 amended

Regulation 2 is amended by inserting in the appropriate alphabetical positions

44

1 January 2007 — the number of points

"approved educational activity" means —

(a)

for the calendar year beginning approved under regulation 4AA(3) of the previous regulations; or

(b)

otherwise — an educational activity (b);

"mandatory professional development subject"

means a professional development subject

approved under regulation 4AB(1)(a)(i);

"points", in respect of an approved educational

activity, means —
(a) for the calendar year beginning

6404 GOVERNMENT GAZETTE, WA 28 December 2007

calculated in accordance with
regulation 4AA(7) of the previous

regulations; or

(b) otherwise - the number of points specified

in respect of that activity under

regulation 4AB( 1);

"previous regulations" means these regulations as in

force immediately before the commencement of
the Real Estate and Business Agents (General)
Amendment Regulations (No. 5) 2007;

5.            Regulation 4AA replaced by regulations 4AA and 4AB

Regulation 4AA is repealed and the following regulations are inserted instead -

33  

4AA. Prescribed educational requirements -
section 31(3)(b)

(1) This regulation applies only in respect of a licensee -

(a)	who is a natural person; and
(b)	whose triennial certificate is due to expire on or after 1 January 2008.

(2) The educational requirements prescribed for the

purposes of section 31(3)(b) of the Act are that during each of the preceding 3 full calendar years before the year in which a triennial certificate is due to expire -

(a)	approved educational activities to the total value of at least 10 points have been undertaken; and
(b)	those activities include at least one activity -

(i)	approved under regulation 4AA(3) in
respect of each of the subjects listed in
Schedule 1A Division I of the previous regulations; or
(ii)	in respect of each mandatory
approved under regulation 4AB(1 )(a)(ii) approved for that year.

(3) In respect of a triennial certificate that is due to

expire -

(a)	in 2008, the educational requirements prescribed in subregulation (2)(a) and (b) are to be met only in respect of the calendar year beginning 1 January 2007; and
(b)	in 2009, the educational requirements prescribed in subregulation (2)(a) and (b) are to

28 December 2007 GOVERNMENT GAZETTE, WA 6405

be met only in respect of the calendar years

beginning 1 January 2007 and 1 January 2008.

(4)	Nothing in these regulations is to be taken to affect the time within which a licensee is to undertake an educational activity under the previous regulations and such activity is to be taken to have been undertaken in respect of the calendar year beginning 1 January 2007.
(5)	In respect of a triennial certificate that is due to expire for the first time after it was granted, the educational requirement prescribed in subregulation (2)(a) and (b) are to be met only in respect of each of the preceding 2 full calendar years before the year in which the certificate is due to expire.
(6)	The value in points accrued by a person in a calendar year is the sum of the points specified for each approved educational activity undertaken by the person in that year.
4AB.	Board to approve educational activities

(1) In respect of each calendar year, commencing with the

calendar year beginning 1 January 2008, the Board

(a) isto-

(i)     approve 3 of the subjects listed in Schedule 1A as mandatory professional development subjects for that year; and

(ii)

approve one or more educational in respect of each subject approved under subparagraph (i);

and

(b) may approve one or more educational activity

referred to in subregulation (5) in respect of

each other professional development subject

listed in Schedule 1A,

and, in respect of each educational activity approved, is
to specify the value in points that is to be allotted to

undertaking the activity.

(2) The Board is to ensure that there is published on its

website on or before 1 January of the calendar year to
which an approval under subregulation (1) relates a

notice setting Out -

(a) sufficient details to identify -

(i) the 3 mandatory professional

development subjects approved under
subregulation (1 )(a)(i); and

6406 GOVERNMENT GAZETTE, WA 28 December 2007

(ii) the educational activity or activities approved in respect of each of those subjects under subregulation (1)(a)(ii);

and

(b) the value in points that is to be allotted to

undertaking each of the activities approved.

(3) If, in respect of a calendar year, the Board approves

one or more educational activity under
subregulation (1)(b) it is to ensure that there is

published on its website a notice setting Out -

(a) sufficient details to identify -

(i)     each activity approved; and

(ii)     the professional development subject to which it relates;

and

(b) the value in points that is to be allotted to

undertaking each of the activities approved.

(4) If a person undertakes, or commences to undertake, an

educational activity the details of which are later published on the Board's website as an approved educational activity, then the person does not accrue

any points in respect of that activity.

(5) The following types of educational activities that may
be approved under subregulation (1) are -

(a)	attendance, including by means of audiolink or videolink, at a training course provided by a specified body or person and successful completion of any assessment requirements for that course;
(b)	attendance, including by means of audiolink or videolink, at a seminar presented by a specified

body or person and successful completion of

any assessment requirements for that seminar;

(c)	viewing of a specified recording, and successful completion of any assessment requirements for that viewing;
(d)	participation in a specified course of study, or a specified component of a course of study, and successful completion of any assessment requirements for that course or component.

(6) In subregulations (1) and (5) -

"specified" means specified by the Board in the notice

published under subregulation (2) or (3).

(7) An approval under subregulation (1) may apply in

relation to all licensees to whom regulation 4AA
applies, or to any class of such licensees.

28 December 2007 GOVERNMENT GAZETTE, WA 6407

6.           Schedule lA replaced

Schedule IA is repealed and the following Schedule is inserted instead —

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Schedule lA — Professional development subjects

[r. 4A131

I.              Agency agreements

2.              Auctions

3.              Business broking

4.              Business management practices

5.             Buyer's agents

6.              Communication

7.             Conflict of interest and disclosure

8.             Customer service skills

9.              Disciplinary proceedings

I 0	Law of contracts
I I.	Managing agency risk
12.	Legislation regulating the carrying on of business as an agent in Western Australia
13.	Property management
14.	Sale and lease of commercial property
15.	Sale process
16.	Strata management
17.	Trust accounting
18.	Understanding real estate documents
19.	Valid appointment to act

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.