Settlement Agents Amendment Regulations (No. 2) 2004 (WA)

2024 GOVERNMENT GAZETTE, WA 15 June 2004

CE301*

Settlement Agents Act 1981

Settlement Agents Amendment

Regulations (No. 2) 2004

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Settlement Agents
Amendment Regulations (NO. 2) 2004.

2.            The regulations amended

Act the prescribed examinations are the examinations

The amendments in these regulations are to the Settlement
Agents Regulations 1982*.

[* Reprinted as at 12 December 1997.

For amendments to 12 May 2004 see Western Australian
Legislation Information Tables for 2003, Table 4, p. 352, and
Gazette 6 April 2004.]

3.             Regulation 6 replaced

Regulation 6 is repealed and the following regulation is inserted instead —

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6.            Examinations

(1) For the purposes of clause 1(1)(a) of Schedule 1 to the

15 June 2004 GOVERNMENT GAZETTE, WA 2025

required to be passed to complete units covering the

following subjects -

(a)	taking instructions;
(b)	obtaining and analysing information;
(c)	liaising with clients and other persons;
(d)	negotiations and management of disputes;
(e)	preparation and execution of documents;
(0	finalising real estate transactions;

(g) establishing and maintaining trust accounts.

(2) The prescribed examinations for the purposes of

clause 2(1 )(a) of Schedule 1 to the Act are -

(a)	the examinations prescribed by subregulation (1); and
(b)	the examinations required to be passed to complete a unit covering the settlement of business transactions.

(3) In this regulation -

"public training provider" and "registered training

provider" have the same meanings as they have in

the Vocational Education and Training Act 1996;

"unit" means a component of a course, provided by a

public training provider or a registered training
provider, for the training of real estate settlement
agents or business settlement agents or both.

4.           Transitional

Despite the repeal effected by regulation 3, in relation to an application for a licence made under Part III of the Act before

prescribed for the purposes of clause 1(1 )(a) or 2(1 )(a) of 1 July 2006, a person is taken to have passed the examinations

Schedule 1 to the Act if the person has passed the examinations -

(a)	prescribed by the repealed regulation 6; or
(b)	required to be passed for the conferring by a college (within the meaning of the Vocational Education and Training Act 1996) of-

(i)     a Certificate in Settlement Agency Procedure;

(ii)     a Certificate IV in Conveyancing;

(iii)     a Diploma of Conveyancing; or

(iv)     an Advanced Diploma of Conveyancing.

2026 GOVERNMENT GAZETTE, WA 15 June 2004

5. Schedule 3 amended
Schedule 3, Part B, clause 5 is amended as follows:

(a)	in paragraph (b) by deleting "Corporation" and inserting instead —
" Operators ";
(b)	by deleting paragraph (e);
(c)	after paragraph (g) by inserting the following paragraph -

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(ga) Public Works Act 1902;

By Command of the Governor,

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