Settlement Agents Amendment Act 1996 (WA)

WESTERN AUSTRALIA

SETTLEMENT AGENTS AMENDMENT ACT 1996

No. 62 of 1996

AN ACT to amend the Settlement Agents Act 1981.

[Assented to 11 November 1996.]

The Parliament of Western Australia enacts as follows:

Short title

1.   This Act may be cited as the Settlement Agents Amendment

Act 1996.

No. 62] Settlement Agents Amendment Act 1996

s. 2

Commencement

2.   This Act comes into operation on such day as is fixed by

proclamation.

Principal Act

3.   In this Act the Settlement Agents Act 1981* is referred to as

the principal Act.

[* Act No. 33 of 1981.

For subsequent amendments see 1995 Index to Legislation of Western Australia, Table 1, p. 201 and Acts Nos. 56, 58 and 59 of 1995 and 14 of 1996.]

Section 31 amended

4. After section 31 (2) of the principal Act the following

subsection is inserted —

‘‘

(2a) The Board may refuse to renew a triennial certificate if the licensee has not met prescribed educational requirements.

’’.

Schedule 2 amended

5. (1) Schedule 2 to the principal Act is amended by deleting

clause 1 (2) and substituting the following subclause —

‘‘

(2) A licensee who holds a real estate settlement agent’s licence and a current triennial certificate may draw or prepare the following documents —

(a)	an offer and acceptance form in such form and subject to such conditions as are prescribed;
Settlement Agents Amendment Act 1996 [No. 62

s. 5

(b)

requisitions on title in such form and subject to such conditions as are prescribed;

(c)

such documents that are to be registered or lodged under or for the purposes of the —

(i)	Land Act 1933;
(ii)	Registration of Deeds Act 1856;
(iii)	Strata Titles Act 1985; or
(iv)	Transfer of Land Act 1893,

as are prescribed and subject to such conditions as

are prescribed;

(d)

astatutorydeclarationtosupportanyofthe documents that are referred to in paragraphs (a) and (b) or that are prescribed under paragraph (c);

(e)

a declaration to confirm that a power of attorney remains unrevoked.

’’.

(2) Schedule 2 to the principal Act is amended by inserting

after clause 2 (f) the following paragraph —

‘‘

(fa) drawing or preparing such documents that are to be registered or lodged under the Bills of Sale Act 1899 as are prescribed and subject to such conditions as are prescribed;

’’.

By Authority: JOHN A. STRIJK, Acting Government Printer