{"id":"real-estate-and-business-agents-general-regulations-1979","name":"Real Estate and Business Agents (General) Regulations 1979","slug":"real-estate-and-business-agents-general-regulations-1979","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181818,"registerId":"wa-real-estate-and-business-agents-general-regulations-1979-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Real Estate and Business Agents (General) Regulations 1979","content":"![Crest]()Western Australia\n\nReal Estate and Business Agents Act 1978\n\nReal Estate and Business Agents (General) Regulations 1979\n\nWestern Australia\n\nReal Estate and Business Agents (General) Regulations 1979\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Terms used 1\n\n3A. Prescribed duty (Act s. 4(4)(d)) 4\n\nPart 2 — Fees\n\n4. Fees (Sch. 1) 5\n\n4A. Holding fee 5\n\nPart 3 — Educational requirements\n\n4AA. Educational requirements (Act s. 40B and 50C) 7\n\n4AB. Exemption from educational requirements 8\n\n4AC. CPD points 10\n\n4AE. Approval of CPD providers 10\n\n4AF. Approval of CPD topics 11\n\n4AG. Mandatory CPD topic for CPD year 11\n\n4AH. CPD content 12\n\n4AI. CPD records: providers 12\n\n4AJ. CPD records: regulated persons 13\n\nPart 4 — Licensing of agents and registration of sales representatives\n\n4B. Prescribed periods (Act s. 48(1), (2) and 49(2)) 15\n\n6. Prescribed examinations for licence applicants (Act Sch. 1 cl. 1(a)) 15\n\n6A. Prescribed qualifications for certificate applicants (Act s. 47(2)) 20\n\n6B. Certificate of registration, grant of (Act s. 47) 22\n\nPart 5 — General controls\n\n6BA. Appointment to act as agent, content of 24\n\n6BB. Prescribed transaction 25\n\nPart 6 — Agents’ trust accounts\n\n6C. Authorised financial institution (Act s. 67), classes of body prescribed 26\n\n6D. Trust accounts, designation of (Act s. 68(1)) 26\n\n6E. Separate trust accounts, requests for, requirements prescribed (Act s. 68A(4)) 27\n\n6F. Trust accounts, interest on (Act s. 68B(1)) 27\n\n6G. Receipts by agents, information in (Act s. 69(1)(a)) 28\n\n6H. Record keeping requirements (Act s. 69(2)) 28\n\nPart 7 — Miscellaneous\n\n7. Registers (Act s. 133(2)) 30\n\n7AA. Lending institution (Act s. 131A), classes of body prescribed 32\n\n7B. Maximum amount prescribed (Act s. 131M(3)) 32\n\n8. Changes in particulars, licensees to notify Commissioner of 32\n\n9. Fees and costs, recovery of 33\n\n10. Unsuccessful applicant for licence etc., refund to (Act s. 113) 33\n\n11. Real Estate and Business Agents Interest Account, application of (Act s. 127) 34\n\n12. Fidelity Guarantee Account, claims against 34\n\n13. Codes of conduct prescribed to be published (Act s. 101) 35\n\n14. Infringement notices 35\n\n15. Forms (Sch. 2) 35\n\nPart 8 — Transitional provisions\n\n16. Transitional regulation for *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2020* 36\n\n17. Transitional regulation for *Real Estate and Business Agents (General) Amendment Regulations 2024* 36\n\n18. Transitional regulation for *Commerce Regulations Amendment (Real Estate, Business and Settlement Agents) Regulations 2025* 37\n\nSchedule 1 — Fees\n\nSchedule 2 — Forms\n\nSchedule 3 — Prescribed offences and modified penalties\n\nNotes\n\nCompilation table 46\n\nOther notes 54\n\nDefined terms\n\n  \n\nReal Estate and Business Agents Act 1978\n\nReal Estate and Business Agents (General) Regulations 1979\n\n## Part 1 — Preliminary\n\n[Heading inserted: SL 2025/194 r. 4.]\n\n##### 1. Citation\n\nThese regulations may be cited as the *Real Estate and Business Agents (General) Regulations 1979*.\n\n##### 2. Terms used\n\n(1) In these regulations —\n\napproved CPD provider means a person who holds an approval granted under regulation 4AE that is in effect;\n\napproved CPD topic means a topic listed in a notice under regulation 4AF(1);\n\n  Commissioner’s website means a website maintained by or on behalf of —\n\n(a) the Commissioner; or\n\n(b) if there is no website maintained by, or on behalf of the Commissioner — the department;\n\nCPD activity means an educational activity that —\n\n(a) is provided by an approved CPD provider; and\n\n(b) relates to an approved CPD topic; and\n\n(c) meets the requirements of regulation 4AH;\n\nCPD subject means any of the following subjects —\n\n(a) ethics or professional responsibility;\n\n(b) professional skills;\n\n(c) legal requirements;\n\nCPD year means a year beginning on 1 April and ending on 31 March;\n\neducational activity —\n\n(a) means an activity that is —\n\n(i) delivered in person, electronically or by audio or audiovisual means; or\n\n(ii) a recording;\n\nand\n\n(b) includes —\n\n(i) a course of study; and\n\n(ii) the successful completion of any assessment required by the activity;\n\nmandatory CPD topic, for a regulated person and a CPD year, means an approved CPD topic specified by the Commissioner under regulation 4AG as a mandatory CPD topic for the regulated person for the CPD year;\n\npoint has the meaning given in regulation 4AC(1);\n\npoint value, in relation to a CPD activity, means the number of points earned for the activity determined in accordance with regulation 4AC(1);\n\nregulated person means a licensee who is an individual, or a sales representative;\n\nrequired number of points, in relation to a mandatory CPD topic, means the number of points specified in the notice under regulation 4AG(3);\n\nrestricted certificate (property management) means a certificate of registration that is subject to a special condition restricting the sales representative to property management transactions only;\n\nrestricted certificate (sales) means a certificate of registration that is subject to a special condition restricting the sales representative to sales transactions only;\n\ntopic means a subject matter to which an educational activity relates or may relate;\n\nunrestricted certificate means a certificate of registration that is neither a restricted certificate (property management) nor a restricted certificate (sales);\n\nworking day means a day that is not a Saturday, Sunday, public holiday or public service holiday.\n\n(2) In these regulations a reference to the examinations required to be passed for the conferral of a particular degree or qualification is a reference to the examinations that are or were required to be passed for the conferral of that degree or qualification at any time when it is or was conferred.\n\n(3) In these regulations a reference to a registered qualification, a training package or a module of a training package is a reference to a registered qualification, training package or module of a training package that is —\n\n(a) recorded on the National Register on Vocational Education and Training managed by the Department of Education, Skills and Employment of the Commonwealth; and\n\n(b) provided by a registered training provider as defined in the *Vocational Education and Training Act 1996* section 5(1).\n\n[Regulation 2 inserted: Gazette 25 Jun 1996 p. 2918; amended: Gazette 7 Feb 2003 p. 385; 28 Dec 2007 p. 6403‑4; 17 Apr 2009 p. 1319‑21; 30 Jun 2011 p. 2671; 24 Dec 2019 p. 4417-18; SL 2020/196 r. 56; SL 2020/209 r. 4; SL 2020/257 r. 4; SL 2021/86 r. 61; SL 2025/194 r. 5.]\n\n[**3.** Deleted: Gazette 30 Jun 2011 p. 2669.]\n\n##### 3A. Prescribed duty (Act s. 4(4)(d))\n\nFor the purposes of section 4(4)(d) of the Act the prescribed duty is collecting a payment on behalf of the owner of premises from a person in respect of the right of that person to occupy the premises.\n\n[Regulation 3A inserted: Gazette 24 Jul 2007 p. 3660.]\n\n## Part 2 — Fees\n\n[Heading inserted: SL 2025/194 r. 6.]\n\n##### 4. Fees (Sch. 1)\n\n(1) The fees set out in Schedule 1 are payable in respect of the matters prescribed in that Schedule.\n\n(2) If a certificate of registration is renewed in accordance with section 49 of the Act after the day on which the certificate expired, a late fee equal to one quarter of the fee specified in item 9 of Schedule 1 for the renewal of the certificate is payable in addition to that specified fee.\n\n[(3) deleted]\n\n[Regulation 4 amended: Gazette 2 Jul 1982 p. 2334; 25 Jun 1996 p. 2924; SL 2024/96 r. 50; SL 2025/89 r. 41; SL 2025/194 r. 7.]\n\n##### 4A. Holding fee\n\n(1) In this regulation —\n\n  holding fee means the fee set out in Schedule 1 item 5 and referred to in section 30(2a)(b) of the Act.\n\n(2) The holding fee is payable —\n\n(a) on or before the day that is 60 days after the day on which a licensee ceases to hold a current triennial certificate in respect of their licence; and\n\n(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).\n\n(3) The Commissioner may refund to a licensee —\n\n(a) two‑thirds of the holding fee paid by the licensee if the licensee is granted a triennial certificate less than one year after paying the holding fee; or\n\n(b) one‑third of the holding fee paid by the licensee if the licensee is granted a triennial certificate one year or more, but less than 2 years, after paying the holding fee.\n\n[Regulation 4A inserted: Gazette 25 Jun 1996 p. 2924; amended: Gazette 17 Jun 2008 p. 2558; 30 Jun 2011 p. 2671; 18 Jun 2019 p. 2110; SL 2020/257 r. 5; SL 2024/96 r. 51.]\n\n[**4AAA.** Deleted: SL 2021/86 r. 62.]\n\n## Part 3 — Educational requirements\n\n[Heading inserted: SL 2025/194 r. 8.]\n\n##### 4AA. Educational requirements (Act s. 40B and 50C)\n\n(1) For the purposes of sections 40B and 50C of the Act, the educational requirements for a regulated person for a CPD year are that the person complete CPD activities that have a combined point value of at least 5 points, which must include —\n\n(a) at least 1 point relating to each CPD subject; and\n\n(b) if there is a mandatory CPD topic for the person for the year — at least the required number of points relating to the mandatory CPD topic.\n\n(2) A regulated person is taken to have complied with subregulation (1) for a CPD year if the person is —\n\n(a) a licensee to whom both of the following apply —\n\n(i) the licensee’s licence is granted between 1 January and 31 March of the CPD year;\n\n(ii) the licensee completes a prescribed examination for the grant of the licence in the 12 months immediately before the day on which the licence is granted;\n\nor\n\n(b) a sales representative whose certificate of registration is granted between 1 January and 31 March of the CPD year; or\n\n(c) a regulated person —\n\n(i) to whom the Commissioner grants an exemption under regulation 4AB from all or part of the education requirements for the CPD year; and\n\n(ii) who complies with the requirements of the exemption.\n\n(3) If a person becomes a regulated person between 1 June and 31 December in a CPD year —\n\n(a) the combined point value of the CPD activities the person must complete during the balance of the CPD year is the value determined under the Table rather than the value that would otherwise apply under subregulation (1); and\n\n(b) subregulation (1)(a) and (b) apply to the person in relation to the CPD year, but only to the extent that is practicable for the person to comply with the requirements of those paragraphs without needing to complete CPD activities with a combined point value that is higher than the value determined under the Table.\n\nTable\n\n| **Month in which person becomes a regulated person** | **Combined point value** |\n| --- | --- |\n| June or July | 4 |\n| August or September | 3 |\n| October or November | 2 |\n| December | 1 |\n\n\n[Regulation 4AA inserted: SL 2020/257 r. 6; amended: SL 2025/194 r. 9.]\n\n##### 4AB. Exemption from educational requirements\n\n(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 CPD year.\n\n(2) The application for the exemption must —\n\n(a) be made in the CPD year to which the application relates; and\n\n(b) set out in sufficient detail —\n\n(i) the exemption applied for, including whether the application is for a total or partial exemption; and\n\n(ii) the basis upon which the exemption is being sought;\n\nand\n\n(c) be in the approved form.\n\n[(3) deleted]\n\n(4) The Commissioner may grant the applicant the exemption if, during the CPD year to which the application relates, the applicant —\n\n(a) has a disability or is affected by illness or injury; or\n\n(b) has undertaken other educational or professional activities; or\n\n(c) would suffer undue hardship if required to comply with the educational requirements.\n\n(5) The Commissioner may grant the exemption subject to conditions.\n\n(6) The Commissioner must give the applicant a notice in writing setting out —\n\n(a) the Commissioner’s decision on the application; and\n\n(b) if the decision is to grant the exemption —\n\n(i) whether the exemption is a total or partial exemption; and\n\n(ii) if the exemption is a partial exemption — the educational requirements the applicant must comply with; and\n\n(iii) any conditions to which the exemption is subject.\n\n[Regulation 4AB inserted: SL 2020/257 r. 6; amended: SL 2025/194 r. 10.]\n\n##### 4AC. CPD points\n\n(1) A regulated person earns 1 point for each hour of a CPD activity that the regulated person completes.\n\n(2) A point is earned in relation to a CPD subject or a mandatory CPD topic if the CPD activity for which the point is earned relates to the subject or topic.\n\n[Regulation 4AC inserted: SL 2025/194 r. 11.]\n\n[**4AD.** Deleted: SL 2025/194 r. 11.]\n\n##### 4AE. Approval of CPD providers\n\n(1) A person may apply, in the approved form, to the Commissioner for approval to provide CPD activities.\n\n(2) The Commissioner may, by written notice given to the applicant —\n\n(a) grant the approval; or\n\n(b) refuse to grant the approval.\n\n(3) The Commissioner may grant an approval under subregulation (2) if the Commissioner is satisfied that the applicant is qualified by practical or academic experience to provide educational activities that meet the requirements of regulation 4AH.\n\n(4) A notice given under subregulation (2)(a) of a decision to grant an approval must specify the period during which the approval has effect (which must not be more than 3 years).\n\n(5) A notice given under subregulation (2)(b) of a decision to refuse to grant an approval must include the reasons for the decision.\n\n(6) The Commissioner must publish a list of approved CPD providers on the Commissioner’s website.\n\n[Regulation 4AE inserted: SL 2025/194 r. 12.]\n\n##### 4AF. Approval of CPD topics\n\n(1) The Commissioner must, by written notice, approve a list of CPD topics for regulated persons.\n\n(2) A topic may be approved under subregulation (1) if the Commissioner considers that —\n\n(a) the topic relates to a CPD subject; and\n\n(b) the topic is relevant to a regulated person’s work as a licensee or sales representative; and\n\n(c) the completion of an educational activity dealing with the topic would extend a regulated person’s knowledge and skills in an area relevant to the regulated person’s legal or professional obligations, professional skills or business needs.\n\n(3) The notice under subregulation (1) must —\n\n(a) specify the CPD subject to which each approved CPD topic relates; and\n\n(b) be published on the Commissioner’s website.\n\n[Regulation 4AF inserted: SL 2025/194 r. 13.]\n\n##### 4AG. Mandatory CPD topic for CPD year\n\n(1) The Commissioner may, by written notice, specify that an approved CPD topic is a mandatory CPD topic for a CPD year for —\n\n(a) regulated persons generally; or\n\n(b) a specified class of regulated persons.\n\n(2) An approved CPD topic may be specified as a mandatory CPD topic under subregulation (1) if the Commissioner considers that it is necessary or desirable for regulated persons, or regulated persons of the specified class, to extend their knowledge or skills in relation to the topic, including because there have been —\n\n(a) legislative or regulatory changes relevant to the topic; or\n\n(b) industry developments relevant to the topic; or\n\n(c) instances of non‑compliance or suspected non‑compliance in connection with the topic.\n\n(3) The notice under subregulation (1) must —\n\n(a) specify the number of CPD points required to be earned in relation to the mandatory CPD topic; and\n\n(b) be published on the Commissioner’s website before the beginning of the CPD year to which it relates.\n\n[Regulation 4AG inserted: SL 2025/194 r. 13.]\n\n##### 4AH. CPD content\n\nAn educational activity meets the requirements of this regulation if it —\n\n(a) is an activity of significant intellectual or practical content; and\n\n(b) deals primarily with matters relating to a regulated person’s work of acting as a licensee or sales representative; and\n\n(c) extends a regulated person’s knowledge and skills in areas that are relevant to the person’s legal or professional obligations, professional skills or business needs.\n\n[Regulation 4AH inserted: SL 2025/194 r. 13.]\n\n##### 4AI. CPD records: providers\n\n(1) This regulation applies if a regulated person completes a CPD activity.\n\n(2) The approved CPD provider in relation to the activity must give the regulated person a record that confirms the person has completed the activity.\n\n(3) The record must be given to the regulated person within 14 days after the day on which the person completes the activity.\n\n(4) The approved CPD provider must keep a copy of the record given under subregulation (2) for a period of 4 years from the day on which the person completes the activity.\n\n(5) The Commissioner may, by written notice, require an approved CPD provider to produce a copy of the record kept under subregulation (4).\n\n(6) A failure of an approved CPD provider to comply with this regulation may be taken into account by the Commissioner when deciding whether to grant the provider a further approval under regulation 4AE(2)(a).\n\n[Regulation 4AI inserted: SL 2025/194 r. 13.]\n\n##### 4AJ. CPD records: regulated persons\n\n(1) A regulated person must keep evidence demonstrating compliance with the educational requirements applicable to the person under section 40B or 50C of the Act, including any record given to the person under regulation 4AI(2).\n\nPenalty for this subregulation: a fine of $1 000.\n\n(2) The regulated person must keep the evidence referred to in subregulation (1) for a period of 4 years after the last day of the CPD year to which the evidence relates.\n\n(3) The Commissioner may, by written notice, require a regulated person to produce, in the approved manner, the evidence required to be kept under this regulation.\n\n(4) The regulated person must produce the evidence unless the regulated person has a reasonable excuse for not producing it.\n\nPenalty for this subregulation: a fine of $1 000.\n\n[Regulation 4AJ inserted: SL 2025/194 r. 13.]\n\n## Part 4 — Licensing of agents and registration of sales representatives\n\n[Heading inserted: SL 2025/194 r. 14.]\n\n##### 4B. Prescribed periods (Act s. 48(1), (2) and 49(2))\n\n(1) For the purposes of section 48(1) and (2) of the Act, the prescribed period is 3 years.\n\n(2) For the purposes of section 49(2) of the Act, the prescribed period is 3 years.\n\n[Regulation 4B inserted: Gazette 25 Jun 1996 p. 2924.]\n\n[**5.** Deleted: Gazette 18 Nov 2014 p. 4324.]\n\n##### 6. Prescribed examinations for licence applicants (Act Sch. 1 cl. 1(a))\n\n(1) The prescribed examinations for the purposes of Schedule 1 clause 1(a) of the Act are —\n\n(a) the examinations required to be passed for the conferral by Curtin University of any of the following degrees or diplomas —\n\n(i) Bachelor of Commerce (Property Investment and Development);\n\n(ii) Bachelor of Commerce (Property);\n\n[(iii) deleted]\n\n(iv) Bachelor of Commerce (Property Development and Valuation);\n\n(iva) Bachelor of Commerce (Property Development and Valuation Extension Major);\n\n(v) Bachelor of Commerce (Property Valuation);\n\n(vi) Master of Property;\n\n(vii) Graduate Diploma in Property;\n\nor\n\n(b) the examinations required to be passed for the conferral of a Diploma of Property Services (Agency Management) registered qualification CPP50307; or\n\n(c) the examinations required to be passed for the conferral of a Diploma of Property (Agency Management) registered qualification CPP51119, together with any additional examinations prescribed for the applicant under subregulation (2); or\n\n(ca) the examinations required to be passed for the conferral of a Diploma of Property (Agency Management) registered qualification CPP51122, together with any additional examinations prescribed for the applicant under subregulation (2); or\n\n(d) for an applicant who was a licensee and who ceased to be licensed under section 30(2a) of the Act, the examinations which were prescribed under regulation 6 of these regulations immediately before the commencement of the *Real Estate and Business Agents (General) Amendment Regulations 2003*.\n\nNote for this subregulation:\n\nA person conferred with a Bachelor of Commerce obtained with a double major has passed the prescribed examinations if the degree conferred includes 1 of the majors listed in paragraph (a)(i) to (v).\n\n(2) Additional examinations are prescribed for an applicant mentioned in subregulation (1)(c) or (ca) as shown in the Tables to this regulation according to the certificate of registration that the applicant holds.\n\nTable 1 — Additional prescribed examinations\n\n| **Kind of certificate held** | **Additional prescribed examinations** |\n| --- | --- |\n| Unrestricted certificate acquired by completing the qualification prescribed in regulation 6A(3)(a) | No additional examinations |\n| Any other unrestricted certificate | Either:<br>1. the examinations required to be passed for successful completion of modules from the CPP Property Services Training Package listed in Table 2 to this regulation as follows —<br>(a) each of the modules indicated as mandatory in column 1;<br>(b) any 3 of the modules indicated as elective in column 1;<br> or<br>2. the examinations required to be passed for the conferral of a Certificate IV in Property Services (Real Estate) registered qualification CPP40307. |\n| Restricted certificate (property management) | Either:<br>1. the examinations required to be passed for successful completion of modules from the CPP Property Services Training Package listed in Table 2 to this regulation as follows —<br>(a) each of the modules indicated as mandatory in column 2;<br>(b) any 3 of the modules indicated as elective in column 2;<br> or<br>2. the examinations required to be passed for the conferral of a Certificate IV in Property Services (Real Estate) registered qualification CPP40307. |\n| Restricted certificate (sales) | Either:<br>1. the examinations required to be passed for successful completion of modules from the CPP Property Services Training Package which would be the prescribed qualification under regulation 6A(3)(a) if the applicant were applying for an unrestricted certificate;<br> or<br>2. the examinations required to be passed for the conferral of a Certificate IV in Property Services (Real Estate) registered qualification CPP40307. |\n| No certificate of registration | The examinations required to be passed for successful completion of modules from the CPP Property Services Training Package which would be the prescribed qualification under regulation 6A(3)(a) if the applicant were applying for an unrestricted certificate. |\n\n\nTable 2 — Modules of CPP Property Services Training Package\n\n|  | **Column 1** | **Column 2** |\n| --- | --- | --- |\n| CPPREP4005 | Mandatory | Mandatory |\n| CPPREP4103 | Not accepted | Mandatory |\n| CPPREP4104 | Not accepted | Mandatory |\n| CPPREP4105 | Not accepted | Mandatory |\n| CPPREP4121 | Mandatory | Not accepted |\n| CPPREP4122 | Mandatory | Not accepted |\n| CPPREP4123 | Mandatory | Not accepted |\n| CPPREP4124 | Mandatory | Not accepted |\n| CPPREP4125 | Mandatory | Mandatory |\n| CPPREP4102 | Elective | Elective |\n| CPPREP4201 | Elective | Elective |\n| CPPREP4202 | Elective | Elective |\n| CPPREP4203 | Elective | Elective |\n| CPPREP4204 | Elective | Elective |\n| CPPREP5201 | Elective | Elective |\n\n\n[Regulation 6 inserted: SL 2020/209 r. 5; amended: SL 2023/131 r. 7; SL 2024/152 r. 4; SL 2025/194 r. 15; SL 2026/1 r. 4.]\n\n##### 6A. Prescribed qualifications for certificate applicants (Act s. 47(2))\n\n(1) For a person who applies for a restricted certificate (sales), the prescribed qualification for the purposes of section 47(2) of the Act is the successful completion of modules from the CPP Property Services Training Package listed in the Table as follows —\n\n(a) each of the modules indicated as mandatory in column 1;\n\n(b) any 3 of the modules indicated as elective in column 1.\n\n(2) For a person who applies for a restricted certificate (property management), the prescribed qualification for the purposes of section 47(2) of the Act is the successful completion of each of the modules from the CPP Property Services Training Package indicated as mandatory in the Table column 2.\n\n(3) For a person who applies for an unrestricted certificate, the prescribed qualification for the purposes of section 47(2) of the Act is the successful completion of modules from the CPP Property Services Training Package listed in the Table as follows —\n\n(a) each of the modules indicated as mandatory in column 3;\n\n(b) any 3 of the modules indicated as elective in column 3.\n\nTable\n\n|  | **Column 1**<br>Applicants for restricted certificate (sales) | **Column 2**<br>Applicants for restricted certificate (property management) | **Column 3**<br>Applicants for unrestricted certificate |\n| --- | --- | --- | --- |\n| CPPREP4001 | Mandatory | Mandatory | Mandatory |\n| CPPREP4002 | Mandatory | Mandatory | Mandatory |\n| CPPREP4003 | Mandatory | Mandatory | Mandatory |\n| CPPREP4004 | Mandatory | Mandatory | Mandatory |\n| CPPREP4005 | Mandatory | Mandatory | Mandatory |\n| CPPREP4101 | Mandatory | Mandatory | Mandatory |\n| CPPREP4102 | Mandatory | Mandatory | Mandatory |\n| CPPREP4103 | Mandatory | Not accepted | Mandatory |\n| CPPREP4104 | Mandatory | Not accepted | Mandatory |\n| CPPREP4105 | Mandatory | Not accepted | Mandatory |\n| CPPREP4121 | Not accepted | Mandatory | Mandatory |\n| CPPREP4122 | Not accepted | Mandatory | Mandatory |\n| CPPREP4123 | Not accepted | Mandatory | Mandatory |\n| CPPREP4124 | Not accepted | Mandatory | Mandatory |\n| CPPREP4125 | Not accepted | Mandatory | Mandatory |\n| CPPREP4201 | Elective | Not accepted | Elective |\n| CPPREP4202 | Elective | Not accepted | Elective |\n| CPPREP4203 | Elective | Not accepted | Elective |\n| CPPREP4204 | Elective | Not accepted | Elective |\n| CPPREP5201 | Elective | Not accepted | Elective |\n\n\n[Regulation 6A inserted: SL 2025/194 r. 16.]\n\n##### 6B. Certificate of registration, grant of (Act s. 47)\n\nThe Commissioner may grant a certificate of registration under section 47 of the Act to an applicant —\n\n(a) who applies within 3 years of successfully completing a qualification prescribed in regulation 6A; or\n\n(b) who has held a certificate of registration for at least 3 of the 5 years immediately preceding the making of the application; or\n\n(c) who has passed the examinations prescribed by regulation 6 to qualify for the grant of a licence; or\n\n(d) who has held a triennial certificate during the 3 years immediately preceding the making of the application.\n\n[Regulation 6B inserted: Gazette 8 May 1987 p. 2103; amended: Gazette 30 Oct 1987 p. 4047; 12 Aug 1988 p. 2770; 7 Feb 2003 p. 386‑7; 30 Dec 2004 p. 6924; 17 Nov 2006 p. 4760; 30 Jun 2011 p. 2671; 30 Jun 2017 p. 3553; SL 2020/209 r. 6.]\n\n## Part 5 — General controls\n\n[Heading inserted: SL 2025/194 r. 17.]\n\n##### 6BA. Appointment to act as agent, content of\n\n(1) If an amount is not fixed under section 61(1) of the Act, an appointment to act as an agent —\n\n(a) where the commission, reward or other valuable consideration to be received by the agent for the services rendered by the agent is expressed as a percentage, is to clearly set out the basis (e.g. selling price, gross rental) on which the percentage is to be calculated; and\n\n(b) where —\n\n(i) the appointment is to act as an agent in a transaction as defined in section 61(4a) of the Act; and\n\n(ii) the commission, reward or other valuable consideration to be received by the agent for the services rendered is expressed as an hourly, weekly or other periodic rate,\n\nis to specify the maximum amount to be received by the agent, expressed as a monetary amount; and\n\n(c) where the consideration to be received by the agent for the services rendered by the agent is based on the use by a person of certain services provided by the agent, is to provide a full explanation of the nature of the services so provided; and\n\n(d) where any expenses (in addition to the commission, reward or other valuable consideration) are to be received by the agent, is to —\n\n(i) specify the nature of those expenses; and\n\n(ii) clearly set out the method by which the expenses will be calculated.\n\n(2) If an amount is not fixed under section 61(1) of the Act, an appointment to act as an agent by a person for whom services are to be rendered is to contain, immediately before the statement of the commission, reward or other valuable consideration to be received by the agent, a statement that the commission, reward or consideration is not to be received pursuant to a scale fixed by law but is to be agreed upon between the person and the agent.\n\n(3) An appointment to act as an agent is to include a statement in clear, concise and plain English to the effect that the person for whom the services are to be rendered by the agent (e.g. the vendor or landlord) may seek assistance from the Commissioner in relation to disputes as to the commission, reward or other valuable consideration to be received by the agent.\n\n[Regulation 6BA inserted: Gazette 16 Oct 1998 p. 5734‑5; amended: Gazette 30 Jun 2011 p. 2671.]\n\n##### 6BB. Prescribed transaction\n\nFor the purposes of the definition of ***prescribed transaction*** in section 61(4a) of the Act, the sale of a lot under a future lot contract (within the meaning of the *Sale of Land Act 1970* section 11) is a prescribed transaction.\n\n[Regulation 6BB inserted: Gazette 30 Jun 2017 p. 3553‑4.]\n\n## Part 6 — Agents’ trust accounts\n\n[Heading inserted: SL 2025/194 r. 18.]\n\n##### 6C. Authorised financial institution (Act s. 67), classes of body prescribed\n\nFor the purposes of the definition of authorised financial institution in section 67 of the Act, the following classes of bodies are prescribed —\n\n(a) the class that consists of all banks; and\n\n(b) the class that consists of all societies.\n\n[Regulation 6C inserted: Gazette 25 Jun 1996 p. 2918.]\n\n##### 6D. Trust accounts, designation of (Act s. 68(1))\n\n(1) For the purposes of section 68(1) of the Act, a trust account is to be designated in the manner provided for in this regulation.\n\n(2) The designation of a trust account, other than a separate account, is to include —\n\n(a) the description “REBA Trust Account”; and\n\n(b) the name of the holder of the triennial certificate, and any business name of that holder, recorded in the register; and\n\n(c) the letters “TC” followed by the triennial certificate number recorded in the register.\n\n(3) The designation of a separate account is to include —\n\n(a) the description “REBA Trust Account — IB”; and\n\n(b) the name of the holder of the triennial certificate, and any business name of that holder, recorded in the register; and\n\n(c) the words “in trust for” followed by the name of the person who requested the separate account; and\n\n(d) the letters “TC” followed by the triennial certificate number recorded in the register.\n\n[Regulation 6D inserted: Gazette 25 Jun 1996 p. 2918‑19; amended: Gazette 30 Jun 2017 p. 3554.]\n\n##### 6E. Separate trust accounts, requests for, requirements prescribed (Act s. 68A(4))\n\n(1) For the purposes of section 68A(4) of the Act, where the transaction in respect of which moneys are paid relates to the sale of real estate or a business, an agent shall only comply with the request for a separate account if the agent is satisfied that —\n\n(a) the amount of moneys paid to the agent exceeds $20 000; or\n\n(b) the transaction is not to be settled within 60 days.\n\n(2) In subregulation (1) —\n\n  business means any commercial undertaking or enterprise in respect of any profession, trade, employment, vocation, or calling.\n\n[Regulation 6E inserted: Gazette 25 Jun 1996 p. 2919.]\n\n##### 6F. Trust accounts, interest on (Act s. 68B(1))\n\n(1) For the purposes of section 68B(1) of the Act, interest on the balance of a trust account is to be paid —\n\n(a) at the rate that is 70% of the relevant bank accepted bills rate calculated on a daily basis; and\n\n(b) within 5 working days of the end of each month.\n\n(2) In subregulation (1)(a) —\n\n  relevant bank accepted bills rate means the 30 day bank accepted bills rate as published in Table F.1 of the “Reserve Bank of Australia Bulletin” for the month that is 2 months before the month in respect of which the interest is to be paid.\n\nNote for this subregulation:\n\nFor example, the relevant bank accepted bills rate for May is the 30 day bank accepted bills rate for March.\n\n[Regulation 6F inserted: Gazette 25 Jun 1996 p. 2919.]\n\n##### 6G. Receipts by agents, information in (Act s. 69(1)(a))\n\nA receipt given under section 69(1)(a) of the Act shall contain the following information —\n\n(aa) the heading “Trust Account Receipt”; and\n\n(a) the name of the holder of the triennial certificate, and any business name of that holder, recorded in the register; and\n\n(b) a number or letter, or a combination of both, in consecutive order that allows the receipt to be uniquely identified; and\n\n(c) the date on which the money is received; and\n\n(d) the name of the person paying the money; and\n\n(e) the amount of money received; and\n\n(f) a brief description of the purpose of the payment; and\n\n(g) if the receipt is hand‑written, the name of the person receiving the money evidenced by the signature of that person.\n\n[Regulation 6G inserted: Gazette 25 Jun 1996 p. 2919; amended: Gazette 17 Nov 2006 p. 4760.]\n\n##### 6H. Record keeping requirements (Act s. 69(2))\n\n(1A) In this regulation —\n\n  money record means a record under section 69(1)(b) of the Act.\n\n(1) A money record must be —\n\n(a) kept in written form; and\n\n(b) kept for a period of not less than 6 years from the date on which the money was received; and\n\n(c) readily accessible.\n\n(2) Where a receipt has been given for money received, a money record must contain the information contained in the receipt and may take the form of a duplicate copy of the receipt.\n\n(3) Where money has been received by electronic transfer, a money record must contain the information specified in regulation 6G(b), (c), (d), (e) and (f) and, for that purpose, the reference in regulation 6G(b) to “receipt” is to be read as a reference to “money record”.\n\n[Regulation 6H inserted: Gazette 25 Jun 1996 p. 2919‑20; amended: SL 2025/194 r. 19.]\n\n## Part 7 — Miscellaneous\n\n[Heading inserted: SL 2025/194 r. 20.]\n\n##### 7. Registers (Act s. 133(2))\n\nThe prescribed particulars to be recorded, pursuant to section 133(2) of the Act, by the Commissioner —\n\n(a) in the register of licensees are, in respect of each licensee —\n\n(i) the name and address of the licensee;\n\n(ii) where the licensee is a firm, the name, address, and, where applicable, licence number of each partner constituting the firm;\n\n(iii) where the licensee is a body corporate, the name, address, and, where applicable, licence number of each director of the licensee;\n\n(iv) the licence number and the date on which the licence held by the licensee was granted;\n\n(v) any special condition to which the licence held by the licensee is subject;\n\n(vi) where a claim has been made or sustained against the Fidelity Account in respect of the licensee, a reference to that claim;\n\n(b) in the register of holders of current triennial certificates are, in respect of each holder —\n\n(i) the name and address of the holder;\n\n(ii) any business name under which the holder carries on business as an agent;\n\n(iii) the situation of the registered office of the holder;\n\n(iv) where the holder is a firm, the name, address, and, where applicable, licence number of each partner constituting the firm;\n\n(v) where the holder is a body corporate, the name, address and, where applicable, licence number of each director of the holder;\n\n(vi) where the holder is a firm or body corporate, the name and address of the person in *bona fide* control of the business of the holder;\n\n(vii) the licence number, and the date on which the licence held by the holder of the certificate was granted;\n\n(viii) the certificate number, and the date on which the certificate currently held by the holder was granted or renewed, as the case may be;\n\n(ix) the name and address of the auditor appointed by the holder;\n\n(x) the amount of any payment made under section 113 of the Act by the holder;\n\n(c) in the register of holders of current certificates of registration are, in respect of each holder —\n\n(i) the name and address of the holder;\n\n(ii) the certificate number and the date on which the certificate currently held by the holder was granted or renewed, as the case may be;\n\n(iii) any special condition to which the certificate held by the holder is subject;\n\n(iv) the amount of any payment made under section 113 of the Act by the holder;\n\n(v) the name and address of the licensee or developer for and on behalf of whom the holder acts or by whom the holder is employed;\n\n(vi) the date upon which a holder commenced in that capacity to act for and on behalf of, or be employed by, the licensee or developer referred to in subparagraph (v);\n\n(vii) the name and address of every other licensee or developer for and on behalf of whom the holder has acted, or by whom the holder has been employed in that capacity, and the dates on which the holder commenced and ceased to so act or be employed by each of them, respectively.\n\n[Regulation 7 amended: Gazette 7 Feb 2003 p. 387; 23 Dec 2008 p. 5467; 10 Nov 2009 p. 4495; 30 Jun 2011 p. 2671.]\n\n##### 7AA. Lending institution (Act s. 131A), classes of body prescribed\n\nFor the purposes of the definition of ***lending institution*** in section 131A of the Act, the class consisting of bodies, other than a body referred to in paragraph (a) of that definition, that provide loans to persons in order to assist those persons to purchase a dwelling is prescribed.\n\n[Regulation 7AA inserted: Gazette 25 Jun 1996 p. 2920; amended: Gazette 18 Nov 2014 p. 4325.]\n\n[**7A.** Deleted: Gazette 24 Dec 2019 p. 4418.]\n\n##### 7B. Maximum amount prescribed (Act s. 131M(3))\n\nFor the purposes of section 131M(3) the prescribed maximum amount is $2 000.\n\n[Regulation 7B inserted: Gazette 30 Sep 1994 p. 4969.]\n\n##### 8. Changes in particulars, licensees to notify Commissioner of\n\nA licensee shall give to the Commissioner notice in writing —\n\n(a) where the licensee is a body corporate, of any change in the directors of the body corporate;\n\n(b) where the licensee is a firm and any of the persons by whom or by which it is constituted is a body corporate, of any change in the directors of any such body corporate;\n\n(c) where the licensee is a firm or body corporate, of any change in the person in *bona fide* control of the business operated under the licence held by the licensee,\n\nwithin one month of the change.\n\nPenalty: a fine of $1 000.\n\n[Regulation 8 amended: Gazette 30 Jun 2011 p. 2672; SL 2020/257 r. 7.]\n\n##### 9. Fees and costs, recovery of\n\n(1) The amount of —\n\n(a) any fees prescribed by these regulations;\n\n[(b) deleted]\n\n(c) any costs ordered by a court or tribunal to be paid to the Commissioner upon the determination of any proceedings,\n\nmay be sued for and recovered by the Commissioner on behalf of the Crown in any court of competent jurisdiction.\n\n(2) Where, upon the determination of any proceedings, a court or tribunal makes an order for costs in favour of a person other than the Commissioner, the amount of those costs may be sued for by that person and recovered from the person against whom the order is made, in any court of competent jurisdiction.\n\n[Regulation 9 amended: Gazette 30 Dec 2004 p. 6924; 30 Jun 2011 p. 2672.]\n\n##### 10. Unsuccessful applicant for licence etc., refund to (Act s. 113)\n\nAn amount paid to the chief executive officer under section 113 of the Act in respect of an application referred to in that section shall, where that application does not result in the grant or renewal of a licence, triennial certificate, or certificate of registration, be refunded to the applicant from the Fidelity Account.\n\n[Regulation 10 amended: Gazette 10 Nov 2009 p. 4495; 30 Jun 2011 p. 2672.]\n\n##### 11. Real Estate and Business Agents Interest Account, application of (Act s. 127)\n\nFor the purposes of section 127 of the Act —\n\n(a) moneys standing to the credit of the Real Estate and Business Agents Interest Account are to be applied monthly before the end of each month; and\n\n(b) the following proportions are prescribed —\n\n(i) 4.5% to the Fidelity Account; and\n\n(ii) 57% to the General Purpose Account; and\n\n(iii) 38.5% to the Assistance Account.\n\n[Regulation 11 inserted: Gazette 25 Jun 1996 p. 2920; amended: Gazette 6 Nov 2001 p. 5837; 10 Nov 2009 p. 4495‑6; 30 Jun 2011 p. 2672.]\n\n[**11A, 11AA and 11B.** Deleted: Gazette 25 Jun 1996 p. 2920.]\n\n##### 12. Fidelity Guarantee Account, claims against\n\nA claim against the Fidelity Guarantee Account shall be made in writing and be verified by a statutory declaration made by a person who deposes to the facts therein set out of his own knowledge.\n\n[Regulation 12 amended: Gazette 10 Nov 2009 p. 4495‑6.]\n\n##### 13. Codes of conduct prescribed to be published (Act s. 101)\n\nAny code of conduct that the Commissioner may from time to time prescribe pursuant to section 101 of the Act shall be published in the *Government Gazette*.\n\n[Regulation 13 amended: Gazette 30 Jun 2011 p. 2672.]\n\n##### 14. Infringement notices\n\n(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*.\n\n(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).\n\n(3) The Commissioner 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.\n\n(4) The Commissioner is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.\n\n[Regulation 14 inserted: Gazette 28 Aug 2009 p. 3348; amended: Gazette 30 Jun 2011 p. 2672.]\n\n##### 15. Forms (Sch. 2)\n\nThe forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.\n\n[Regulation 15 inserted: Gazette 28 Aug 2009 p. 3348.]\n\n## Part 8 — Transitional provisions\n\n[Heading inserted: SL 2025/194 r. 21.]\n\n##### 16. Transitional regulation for *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2020*\n\n(1) In this regulation —\n\ncommencement day means the day on which the *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2020* regulation 8 comes into operation;\n\nformer regulation 4AA means regulation 4AA as in force immediately before commencement day.\n\n(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.\n\n(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.\n\n[Regulation 16 inserted: SL 2020/257 r. 8.]\n\n##### 17. Transitional regulation for *Real Estate and Business Agents (General) Amendment Regulations 2024*\n\nAn amendment made to regulation 6 by the *Real Estate and Business Agents (General) Amendment Regulations 2024* does not apply for the purposes of Schedule 1 clause 1(a) of the Act to an application for a licence made, but not decided by the Commissioner, before 2 September 2024.\n\n[Regulation 17 inserted: SL 2024/152 r. 5.]\n\n##### 18. Transitional regulation for *Commerce Regulations Amendment (Real Estate, Business and Settlement Agents) Regulations 2025*\n\n(1) In this regulation —\n\ncommencement day means 1 January 2026.\n\n(2) If a regulated person completes a CPD activity in the period beginning on commencement day and ending on 31 March 2026, the activity is counted towards the educational requirements applicable to the person under section 40B or 50C of the Act for the CPD year beginning on 1 April 2026.\n\n(3) The reference in regulation 4AE(1) to CPD activities is, before commencement day, a reference to that term as defined in regulation 2(1) as it will be in force on commencement day.\n\n(4) The reference in regulation 4AE(3) to regulation 4AH is, before commencement day, a reference to that regulation as it will be in force on commencement day.\n\n[Regulation 18 inserted: SL 2025/194 r. 22.]\n\nSchedule 1 — Fees\n\n[r. 4 and 4A]\n\n[Heading inserted: SL 2025/89 r. 42.]\n\n| **Item** | **Column 1**<br>**Description of fee** | **Column 2**<br>**Fee ($)** |\n| --- | --- | --- |\n| 1. | Application for licence under section 24 of the Act | 99.00 |\n| 2. | Grant of licence to individual under section 27 of the Act | 1 060.00 |\n| 3. | Grant of licence to firm under section 28 of the Act | 1 390.00 |\n| 4. | Grant of licence to body corporate under section 29 of the Act | 1 390.00 |\n| 5. | Holding fee for the purposes of section 30(2a)(b) of the Act | 271.00 |\n| 6. | Renewal of triennial certificate under section 31 of the Act | 885.00 |\n| 7. | Issue of duplicate licence, duplicate certificate of registration or duplicate triennial certificate under section 40A of the Act | 35.00 |\n| 8. | Grant of certificate of registration under section 47 of the Act | 270.00 |\n| 9. | Renewal of certificate of registration under section 48 of the Act | 223.00 |\n\n\n[Schedule 1 inserted: SL 2025/89 r. 42.]\n\n[Schedule 1A deleted: SL 2025/194 r. 23.]\n\nSchedule 2 — Forms\n\n[r. 15]\n\n[Heading inserted: Gazette 28 Aug 2009 p. 3349.]\n\n[Form 1 deleted: Gazette 24 Dec 2019 p. 4419.]\n\n**Form 2 — Infringement notice**\n\n- *Real Estate and Business Agents Act 1978***Infringement notice** Infringement\nnotice no.\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name_______________________________ ACN\n- Address __________________________________________ Postcode\n- **Alleged offence** Description of offence_______________________________\n- *Real Estate and Business Agents Act 1978* s.*Real Estate and Business Agents (General) Regulations 1979* r.\n- Date / /20 Time a.m./p.m.\n- Modified penalty $\n- **Officer issuing notice** Name\n- Signature\n- Office\n- **Date** Date of notice / /20\n- **Notice to alleged offender** It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice.\n- **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 OfficerDepartment of Local Government, Industry Regulation and Safety — Consumer Protection Division[*Address*]**In person:** Pay the cashier at:Department of Local Government, Industry Regulation and Safety — Consumer Protection Division[*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, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.\n- **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.\n- **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 postal address within 28 days after the date of this notice.\n\n\n[Form 2 inserted: Gazette 28 Aug 2009 p. 3349‑50; amended: Gazette 30 Jun 2011 p. 2670; 20 Aug 2013 p. 3839; SL 2020/163 r. 46; SL 2020/257 r. 10; SL 2025/194 r. 24.]\n\n**Form 3 — Withdrawal of infringement notice**\n\n- *Real Estate and Business Agents Act 1978***Withdrawal of infringement notice** Withdrawal no.\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name_______________________________ ACN\n- Address __________________________________________ Postcode\n- **Infringement notice** Infringement notice no.\n- Date of issue / /20\n- **Alleged offence** Description of offence _______________________________\n- *Real Estate and Business Agents Act 1978* s.*Real Estate and Business Agents (General) Regulations 1979* r.\n- Date / /20 Time a.m./p.m.\n- **Officer withdrawing notice** Name\n- Signature\n- Office\n- **Date** Date of withdrawal / /20\n- **Withdrawal of infringement notice**[**delete\nwhichever\nis not applicable*] The above infringement notice issued against you has been withdrawn.If you have already paid the modified penalty for the alleged offence you are entitled to a refund.* Your refund is enclosed.*or** 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*Department of Local Government, Industry Regulation and Safety — Consumer Protection Division[*Address*]Signature / /20\n\n\n[Form 3 inserted: Gazette 28 Aug 2009 p. 3350‑1; amended: Gazette 30 Jun 2011 p. 2670; SL 2020/257 r. 11; SL 2025/194 r. 24.]\n\nSchedule 3 — Prescribed offences and modified penalties\n\n[r. 14]\n\n[Heading inserted: Gazette 28 Aug 2009 p. 3351.]\n\n| **Offences under *Real Estate and Business Agents Act 1978*** | | **Modified penalty** |\n| --- | --- | --- |\n| s. 36(1) | Failing to have registered office in the State | $200 |\n| s. 37(1) | Failing to register a branch office | $200 |\n| s. 37(2) | Failing to have qualified manager at branch office | $200 |\n| s. 40B | Licensee failing to comply with educational requirements | $1 000 |\n| s. 40(1)(a) | Carrying on business under a name not endorsed on triennial certificate | $200 |\n| s. 40(1)(b) | Failing to include surname and initials of licensee on all business correspondence | $200 |\n| s. 40(3) | Failing to notify Commissioner of alteration of business name | $200 |\n| s. 50C | Sales representative failing to comply with educational requirements | $1 000 |\n| s. 84(1) | Failing to cause audit of trust account under section 70(1) | $2 000 |\n| s. 84(1) | Failing to deliver audit report to the Commissioner under section 70(3) | $2 000 |\n| s. 84(1) | Failing to deliver a termination audit report under section 70(8) | $600 |\n| s. 142 | Failing to notify Commissioner of commencing or ceasing business under section 35 | $400 |\n| s. 142 | Branch manager acting for more than one licensee or as an agent on own account under section 37(3) | $400 |\n| s. 142 | Failing to display official details at registered office under section 41(1)(a) | $400 |\n| s. 142 | Failing to display official details at branch office under section 41(1)(b) | $400 |\n| s. 142<br> | Failing to display official details on all correspondence and documents from registered office under section 41(2)(a) | $400 |\n| s. 142 | Failing to display official details on all correspondence and documents from branch office under section 41(2)(b) | $400 |\n| s. 142 | Failing to notify Commissioner of commencing or ceasing employment, or acting, as a sales representative under section 51(1) | $400 |\n| **Offence under *Real Estate and Business Agents (General) Regulations 1979*** | | **Modified penalty** |\n| r. 4AJ(1) | Failing to keep evidence | $200 |\n| r. 4AJ(4) | Failing to produce evidence | $200 |\n| r. 8 | Failing to notify Commissioner of change in particulars | $200 |\n\n\n[Schedule 3 inserted: Gazette 28 Aug 2009 p. 3351‑2; amended: Gazette 30 Jun 2011 p. 2670; 23 Oct 2012 p. 5055; SL 2020/257 r. 12; SL 2025/194 r. 25.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Real Estate and Business Agents (General) Regulations 1979* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Real Estate and Business Agents (General) Regulations 1979* | 31 Aug 1979 p. 2616‑18 | 1 Sep 1979 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1980* | 26 Sep 1980 p. 3312 | 26 Sep 1980 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1981* | 26 Jun 1981 p. 2293 | 26 Jun 1981 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1981* | 6 Nov 1981 p. 4526 | 1 Dec 1981 (see r. 2) |\n| *Real Estate and Business Agents (General) Amendment Regulations 1982* | 2 Jul 1982 p. 2334‑6 | 2 Jul 1982 1 |\n| **Reprint of the *Real Estate and Business Agents (General) Regulations 1979***  in *Gazette* 26 Nov 1982 p. 4667‑74 (includes amendments listed above) | | |\n| *Real Estate and Business Agents (General) Amendment Regulations 1983* | 21 Oct 1983 p. 4298 | 1 Jan 1984 (see r. 2) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1983* | 30 Dec 1983 p. 5121‑2 | 30 Dec 1983 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1984* 2 | 21 Dec 1984 p. 4191 | 21 Dec 1984 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1985* | 21 Jun 1985 p. 2262 | 21 Jun 1985 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1986* | 28 Feb 1986 p. 668 | 28 Feb 1986 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1986* | 13 Jun 1986 p. 1997‑8 | 1 Jul 1986 (see r. 2) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1986* | 8 Aug 1986 p. 2870‑1 | 1 Feb 1987 (see r. 2) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 4) 1986* | 24 Dec 1986 p. 4998 | 24 Dec 1986 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1987* | 8 May 1987 p. 2103 | 8 May 1987 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1987* | 4 Sep 1987 p. 3519 | 4 Sep 1987 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1987* | 30 Oct 1987 p. 4047 | 30 Oct 1987 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 4) 1987* | 18 Dec 1987 p. 4516 | 18 Dec 1987 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1988* | 12 Aug 1988 p. 2770 | 12 Aug 1988 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1988* | 2 Sep 1988 p. 3466 | 2 Sep 1988 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1989* | 20 Jan 1989 p. 132 | 20 Jan 1989 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1989* | 3 Feb 1989 p. 360 | 3 Feb 1989 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1989* | 30 Jun 1989 p. 1979 | 1 Jul 1989 (see r. 2) |\n| *Real Estate and Business Agents (General) Amendment Regulations 1990* | 15 Jun 1990 p. 2723 (erratum 22 Jun 1990 p. 3034) | 15 Jun 1990 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1990* | 20 Jul 1990 p. 3461 | 20 Jul 1990 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1990* | 1 Aug 1990 p. 3652‑3 | 1 Aug 1990 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 4) 1990* | 26 Oct 1990 p. 5370 | 26 Oct 1990 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1991* | 28 Jun 1991 p. 3119 | 28 Jun 1991 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1991* | 13 Dec 1991 p. 6160 | 13 Dec 1991 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1992* | 14 Aug 1992 p. 4011‑12 | 14 Aug 1992 |\n| **Reprint of the *Real Estate and Business Agents (General) Regulations 1979* as at 1 Oct 1992** (includes amendments listed above) | | |\n| *Real Estate and Business Agents (General) Amendment Regulations 1993* | 30 Nov 1993 p. 6411‑12 | 30 Nov 1993 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1994* | 30 Sep 1994 p. 4969‑72 | 6 Oct 1994 (see r. 2) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1994* | 9 Dec 1994 p. 6661‑2 | 9 Dec 1994 |\n| *Real Estate and Business Agents (General) Amendment Regulations 1996* | 7 Jun 1996 p. 2392 | 7 Jun 1996 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1996* | 25 Jun 1996 p. 2917‑22 | 1 Jul 1996 (see r. 2 and *Gazette* 25 Jun 1996 p. 2902) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1996* | 25 Jun 1996 p. 2923‑5 | 1 Jul 1996 (see r. 2 and *Gazette* 1 Jul 1996 p. 3179) |\n| *Real Estate and Business Agents (General) Amendment Regulations 1997* | 27 Jun 1997 p. 3099‑101 | 1 Jul 1997 (see r. 2) |\n| **Reprint of the *Real Estate and Business Agents (General) Regulations 1979* as at 28 Nov 1997** (includes amendments listed above) | | |\n| *Real Estate and Business Agents (General) Amendment Regulations 1998* | 16 Oct 1998 p. 5733‑5 | 1 Nov 1998 (see r. 2 and *Gazette* 16 Oct 1998 p. 5729) |\n| *Real Estate and Business Agents (General) Amendment Regulations 1999* | 8 Oct 1999 p. 4782‑3 | 8 Oct 1999 |\n| *Real Estate and Business Agents (General) Amendment Regulations 2000* | 18 Feb 2000 p. 913‑14 | 18 Feb 2000 |\n| *Real Estate and Business Agents (General) Amendment Regulations 2001* | 6 Nov 2001 p. 5837 | 6 Nov 2001 |\n| *Real Estate and Business Agents (General) Amendment Regulations 2002* | 8 Feb 2002 p. 599‑602 | 8 Feb 2002 |\n| **Reprint of the *Real Estate and Business Agents (General) Regulations 1979* as at 8 Mar 2002** (includes amendments listed above) | | |\n| *Real Estate and Business Agents (General) Amendment Regulations 2003* 3 | 7 Feb 2003 p. 384‑7 (as amended 13 Jan 2004 p. 145‑6) | 7 Feb 2003 |\n| *Real Estate and Business Agents (General) Amendment Regulations 2004* | 13 Jan 2004 p. 145‑6 | 13 Jan 2004 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2004* | 30 Dec 2004 p. 6924 | 1 Jan 2005 (see r. 2 and *Gazette* 31 Dec 2004 p. 7130) |\n| *Real Estate and Business Agents (General) Amendment Regulations 2006* | 27 Jun 2006 p. 2269‑70 | 1 Jul 2006 (see r. 2) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2006* | 17 Nov 2006 p. 4759‑60 | 17 Nov 2006 |\n| *Real Estate and Business Agents (General) Amendment Regulations 2007* | 6 Feb 2007 p. 307‑10 | 6 Feb 2007 |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2007* | 9 Mar 2007 p. 847‑8 | 9 Mar 2007 |\n| **Reprint 5: The *Real Estate and Business Agents (General) Regulations 1979* as at 8 Jun 2007** (includes amendments listed above) | | |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 4) 2007* | 24 Jul 2007 p. 3659‑60 | r. 1 and 2: 24 Jul 2007 (see r. 2(a));   Regulations other than r. 1 and 2: 25 Jul 2007 (see r. 2(b) and *Gazette* 24 Jul 2007 p. 3657) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 5) 2007* | 28 Dec 2007 p. 6403‑7 | r. 1 and 2: 28 Dec 2007 (see r. 2(a));<br>Regulations other than r. 1 and 2: 29 Dec 2007 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2008* | 17 Jun 2008 p. 2557‑8 | r. 1 and 2: 17 Jun 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations 2008* | 24 Jun 2008 p. 2886‑7 | r. 1 and 2: 24 Jun 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 25 Jun 2008 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 3) 2008* | 23 Dec 2008 p. 5465‑7 | r. 1 and 2: 23 Dec 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 24 Dec 2008 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations 2009* | 17 Apr 2009 p. 1319‑23 | r. 1 and 2: 17 Apr 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Apr 2009 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2009* | 8 May 2009 p. 1491‑2 | r. 1 and 2: 8 May 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 4) 2009* | 23 Jun 2009 p. 2453‑4 | r. 1 and 2: 23 Jun 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 3) 2009* | 28 Aug 2009 p. 3347‑52 | r. 1 and 2: 28 Aug 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 29 Aug 2009 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 5) 2009* | 10 Nov 2009 p. 4495‑6 | r. 1 and 2: 10 Nov 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 11 Nov 2009 (see r. 2(b)) |\n| **Reprint 6: The *Real Estate and Business Agents (General) Regulations 1979* as at 11 Dec 2009** (includes amendments listed above) | | |\n| *Real Estate and Business Agents (General) Amendment Regulations 2010* | 28 May 2010 p. 2297-8 | r. 1 and 2: 28 May 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 29 May 2010 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2010* | 25 Jun 2010 p. 2851‑2 | r. 1 and 2: 25 Jun 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations 2011* | 22 Jun 2011 p. 2367-8 | r. 1 and 2: 22 Jun 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2011* | 30 Jun 2011 p. 2669-72 | r. 1 and 2: 30 Jun 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b)) |\n| **Reprint 7: The *Real Estate and Business Agents (General) Regulations 1979* as at 3 Feb 2012** (includes amendments listed above) | | |\n| *Real Estate and Business Agents (General) Amendment Regulations 2012* | 15 Jun 2012 p. 2599-600 | r. 1 and 2: 15 Jun 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2012 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2012* | 23 Oct 2012 p. 5049‑55 | r. 1 and 2: 23 Oct 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 24 Oct 2012 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2013* | 27 Jun 2013 p. 2691-2 | r. 1 and 2: 27 Jun 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations 2013* | 20 Aug 2013 p. 3839 | r. 1 and 2: 20 Aug 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and *Gazette* 20 Aug 2013 p. 3815) |\n| *Real Estate and Business Agents (General) Amendment Regulations 2014* | 17 Jun 2014 p. 1977‑8 | r. 1 and 2: 17 Jun 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)) |\n| **Reprint 8: The *Real Estate and Business Agents (General) Regulations 1979* as at 19 Sep 2014** (includes amendments listed above) | | |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2014* | 18 Nov 2014 p. 4324-5 | r. 1 and 2: 18 Nov 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 19 Nov 2014 (see r. 2(b) and *Gazette* 18 Nov 2014 p. 4315) |\n| *Real Estate and Business Agents (General) Amendment Regulations 2015* | 15 May 2015 p. 1717‑18 | r. 1 and 2: 15 May 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 16 May 2015 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2015* | 23 Jun 2015 p. 2184‑5 | r. 1 and 2: 23 Jun 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2016* Pt. 16 | 3 Jun 2016 p. 1745-73 | 1 Jul 2016 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2017* Pt. 18 | 23 Jun 2017 p. 3213‑52 | 1 Jul 2017 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations 2017* | 30 Jun 2017 p. 3553‑4 | r. 1 and 2: 30 Jun 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2017 (see r. 2(b)) |\n| *Commerce and Industrial Relations Regulations Amendment (Fees and Charges) Regulations 2018* Pt. 18 | 25 Jun 2018 p. 2325‑53 | 1 Jul 2018 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2019* Pt. 16 | 18 Jun 2019 p. 2077‑115 | 1 Jul 2019 (see r. 2(b)) |\n| *Consumer Protection Regulations Amendment Regulations 2019* Pt. 4 | 24 Dec 2019 p. 4416‑20 | 1 Jan 2020 (see r. 2(b) and *Gazette* 24 Dec 2019 p. 4415) |\n| *Commerce Regulations Amendment (Infringement Notices) Regulations 2020* Pt. 23 | SL 2020/163 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |\n| *Commerce Regulations Amendment (COVID‑19 Response) Regulations (No. 2) 2020* Pt. 16 | SL 2020/196 27 Oct 2020 | 28 Oct 2020 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations 2020* | SL 2020/209 30 Oct 2020 | r. 1 and 2: 30 Oct 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 31 Oct 2020 (see r. 2(b)) |\n| *Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2020* | SL 2020/257 24 Dec 2020 | r. 1 and 2: 24 Dec 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2021 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Community Titles) Regulations 2021* Pt. 5 | SL 2021/71 18 Jun 2021 | 30 Jun 2021 (see r. 2(b) and SL 2021/69 cl. 2) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2021* Pt. 18 | SL 2021/86 21 Jun 2021 | 1 Jul 2021 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2022* Pt. 16 | SL 2022/59 20 May 2022 | 1 Jul 2022 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2023* Pt. 16 | SL 2023/35 5 May 2023 | 1 Jul 2023 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Property Licensing) Regulations 2023* Pt. 3 | SL 2023/131   9 Aug 2023 | 10 Aug 2023 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2024* Pt. 15 | SL 2024/96 12 Jun 2024 | 1 Jul 2024 (see r. 2(c)) |\n| *Real Estate and Business Agents (General) Amendment Regulations 2024* | SL 2024/152 24 Jul 2024 | r. 1 and 2: 24 Jul 2024 (see r. 2(a));   Regulations other than r. 1 and 2: 2 Sep 2024 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Fees and Charges) Regulations 2025* Pt. 16 | SL 2025/89 11 Jun 2025 | 1 Jul 2025 (see r. 2(b)) |\n| *Commerce Regulations Amendment (Real Estate, Business and Settlement Agents) Regulations 2025* Pt. 2 | SL 2025/194 26 Nov 2025 | r. 3, 12 and 22: 27 Nov 2025 (see r. 2(b));   r. 4-11, 13-21 and 23-25: 1 Jan 2026 (see r. 2(c)) |\n| *Real Estate and Business Agents (General) Amendment Regulations 2026* | SL 2026/1 8 Jan 2026 | r. 1 and 2: 8 Jan 2026 (see r. 2(a));   Regulations other than r. 1 and 2: 9 Jan 2026 (see r. 2(b)) |\n\n\nOther notes\n\n1 The commencement date in r. 2 was of no effect as it was before the date of gazettal.\n\n2 The *Miscellaneous Regulations (Validation) Act 1985* applied to these regulations. It deemed the regulations not to have ceased to have effect as a result of the failure to comply with section 42(1) of the *Interpretation Act 1984*, subject to their being laid before the Legislative Assembly.\n\n3 The *Real Estate and Business Agents (General) Amendment Regulations 2003* r. 4(2) (as amended in *Gazette* 13 Jan 2004 p. 146) and r. 5(2) are transitional provisions that are of no further effect.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napplicant 4AB(1)\n\napproved CPD provider 2(1)\n\napproved CPD topic 2(1)\n\nauthorised financial institution 6C\n\nbusiness 6E(2)\n\ncommencement day 16(1), 18(1)\n\nCommissioner’s website 2(1)\n\nCPD activity 2(1)\n\nCPD subject 2(1)\n\nCPD year 2(1)\n\neducational activity 2(1)\n\nformer regulation 4AA 16(1)\n\nholding fee 4A(1)\n\nmandatory CPD topic 2(1)\n\nmoney record 6H(1A)\n\npoint 2(1), 4AC(1)\n\npoint value 2(1)\n\nregulated person 2(1)\n\nrelevant bank accepted bills rate 6F(2)\n\nrequired number of points 2(1)\n\nrestricted certificate (property management) 2(1)\n\nrestricted certificate (sales) 2(1)\n\ntopic 2(1)\n\nunrestricted certificate 2(1)\n\nworking day 2(1)\n\n© State of Western Australia 2026.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2026.\n\nBy Authority: ROGER JACOBS, Acting Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1979 scope. Originally focused on basic licensing, fees, and trust account mechanics, it has expanded to include: (1) a comprehensive Continuing Professional Development (CPD) regime with provider approvals, mandatory topics, and point systems (Part 3); (2) detailed vocational qualification pathways referencing national training packages; (3) infringement notice enforcement mechanisms; and (4) complex transitional arrangements for multiple amendment cycles. The 2024-2025 amendments show continued expansion into educational governance rather than just administrative regulation."},"complexity_factors":["Multiple cross-references to the parent Act (Real Estate and Business Agents Act 1978) requiring simultaneous reading of both documents","Complex defined terms section with 20+ specialised definitions including nested definitions (e.g., 'CPD activity' depends on 'approved CPD provider' and 'approved CPD topic')","Detailed tabular structures for qualifications (Regulations 6 and 6A) with multiple columns and conditional logic based on certificate type","Transitional provisions spanning multiple amendment instruments (2020, 2024, 2025) with specific commencement dates and savings provisions","Modular training package references (CPP codes) that require external knowledge of vocational education frameworks","Multiple penalty provisions with specific dollar amounts scattered throughout","Conditional exemptions and partial compliance pathways (e.g., regulation 4AA(3) table for prorated CPD points based on month of registration)","Interaction between state law and Commonwealth vocational education standards (National Register on Vocational Education and Training)"],"plain_english_summary":"This is Western Australian legislation that sets out the detailed rules for how real estate and business agents operate in WA. It covers:\n\n**Who it affects:**\n- Real estate agents and business agents (people who sell property or businesses)\n- Sales representatives (people who work for agents)\n- The Commissioner for Consumer Protection (the government regulator)\n\n**What it does:**\n\n**1. Fees and licensing:**\n- Sets out the fees for applying for licences, renewing certificates, and a 'holding fee' for agents who aren't currently practising but want to keep their licence active\n- Licences last 3 years (triennial certificates)\n\n**2. Education and training (CPD):**\n- Requires agents and sales reps to do ongoing professional development (Continuing Professional Development or CPD)\n- They must complete at least 5 'points' of training each year (1 point = 1 hour of training)\n- Training must cover ethics, professional skills, and legal requirements\n- The Commissioner can specify mandatory topics each year (for example, if there have been law changes or compliance issues)\n- Providers of training must be approved by the Commissioner\n\n**3. Qualifications:**\n- Sets out what university degrees or vocational qualifications are needed to get a licence\n- Different rules apply depending on whether someone wants to do property sales, property management, or both (unrestricted)\n- Uses specific national training package codes (like CPP51119, CPP51122) to define required modules\n\n**4. Trust accounts:**\n- Rules for how agents must handle client money in trust accounts\n- Specifies how accounts must be named (e.g., 'REBA Trust Account')\n- Sets interest rates on trust account balances (70% of the bank bill rate)\n- Requires detailed receipts and record-keeping for 6 years\n\n**5. Appointment agreements:**\n- Rules about what must be in contracts between agents and clients\n- Must clearly explain how commission is calculated\n- Must include a warning that clients can seek help from the Commissioner if there's a dispute\n\n**6. Enforcement:**\n- Lists offences that can be dealt with by infringement notices (on-the-spot fines)\n- Sets modified penalties for minor offences (ranging from $200 to $2,000)\n\n**Why it matters:**\nThis legislation protects consumers who buy, sell, or rent property by ensuring agents are properly qualified, keep their skills up to date, handle money responsibly, and operate transparently. It gives the Commissioner powers to enforce standards and penalise agents who break the rules."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have expanded and specified administrative and professional requirements compared with earlier, broader rule‑making: they now impose a formal CPD regime with approved providers and mandatory topics (regs 4AA–4AJ), prescribe precise training package modules and examination routes for different certificates (regs 6, 6A), and set detailed trust‑account mechanics and interest calculations (regs 6D–6F). Multiple transitional clauses (regs 16–18) show the scope has been adjusted over time to phase in these detailed requirements."},"complexity_factors":["Comprehensive CPD framework with point system, provider approval, mandatory topics and multi‑year record retention (regs 4AA–4AJ).","Detailed qualification and examination matrices for different certificate types, referencing specific CPP training package modules (regs 6, 6A, 6B and accompanying Tables).","Significant administrative discretion vested in the Commissioner to approve providers/topics, grant exemptions and appoint authorised officers (regs 4AE, 4AF, 4AG, 4AB, 14).","Technical trust‑account rules including required account designation, separate account thresholds ($20,000) and an interest formula tied to RBA published rates (regs 6D, 6E, 6F, 6C, 6H).","Multiple fee items, late/holding fee mechanics and refund rules that affect cashflow and compliance costs for licensees (reg 4, reg 4A, Schedule 1).","Penalty and infringement schedule with varied modified penalties and the administrative mechanism for issuing notices (Schedule 3, reg 14).","Extensive cross‑references to the parent Act and other statutes, increasing legal interdependence and interpretive complexity (throughout: e.g. regs 3A, 4B, 6BB).","Numerous transitional provisions and recent amendments that change effective dates and grandfathering rules, requiring attention to timing (regs 16–18 and compilation table).","Prescribed registers, forms and mandatory reporting obligations that create ongoing record‑keeping and disclosure duties (regs 7, 15, 4AI, 4AJ, reg 8)."],"plain_english_summary":"These regulations set detailed administrative rules for licensing, registration, fees, trust‑account handling and continuing professional development for real estate and business agents in Western Australia. They prescribe fees, CPD point requirements, approved CPD providers and topics, qualification and examination standards, record‑keeping periods and penalties.\n\nLicensees, sales representatives and CPD providers pay fees and must keep records and comply with CPD and trust‑account rules (see regs 4 & Sch.1; 4AA–4AJ; 6D–6H). The Commissioner decides approvals, exemptions, mandatory CPD topics and enforcement (see regs 4AE, 4AB, 4AG, 14)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was retrievable. The page returned a system error indicating the URL is no longer valid on the Western Australian legislation website."},"complexity_factors":["No legislative content was provided — the source URL returned a page-not-found error","Analysis is impossible without access to the actual text of the regulations","The complexity score of 1 reflects the absence of content, not the underlying legislation itself, which may be considerably more complex"],"plain_english_summary":"The page for the Real Estate and Business Agents (General) Regulations 1979 (WA) is unavailable due to a website move. If you need the current rules affecting real estate agents, property managers or people dealing with licensed agents in WA, search the WA Legislation site or contact the Parliamentary Counsel’s Office helpdesk for the updated instrument.\n\nThese regulations typically set out conduct, record‑keeping, trust‑account and licensing requirements."}},"importantCases":[],"_links":{"self":"/api/acts/real-estate-and-business-agents-general-regulations-1979","history":"/api/acts/real-estate-and-business-agents-general-regulations-1979/history","analysis":"/api/acts/real-estate-and-business-agents-general-regulations-1979/analysis","conflicts":"/api/acts/real-estate-and-business-agents-general-regulations-1979/conflicts","importantCases":"/api/acts/real-estate-and-business-agents-general-regulations-1979/important-cases","documents":"/api/acts/real-estate-and-business-agents-general-regulations-1979/documents"}}