(a) to prescribe the courses of instruction and examinations for the licensing of estate agents under section 14(1)(a)(i) of the Estate Agents Act 1980; and
(b) to prescribe the courses of instruction and examinations for eligibility to be employed as an agent's representative under section 16(1)(b) of the Estate Agents Act1980; and
(c) to provide for certain exemptions under section 99(1)(c) of the Estate Agents Act 1980.
2 Authorising provision
These Regulations are made under section 99 of the Estate Agents Act 1980.
3 Commencement
These Regulations come into operation on 21 October 2020.
4 Revocation
The following regulations are revoked—
(a) the Estate Agents (Education) Interim Regulations 2019[1]; and
(b) the Estate Agents (Education) Amendment Regulations 2011[2].
5 Definition
In these Regulations—
the Act means the Estate Agents Act 1980.
6 Prescribed course for estate agent
(1) The course of instruction described in Schedule 1 is prescribed for the purposes of section 14(1)(a)(i) of the Act.
(2) For the purposes of Schedule 1, a person is only to be considered to have passed the course if the person has passed the course either—
(a) within the 5 years immediately preceding the date of the person's application for an estate agent's licence; or
(b) at any time and either—
(i) has held an estate agent's licence within the 10 years immediately preceding the date of the person's application for an estate agent's licence; or
(ii) was employed as an agent's representative for the equivalent of at least 2 years full time within the 10 years immediately preceding the date of the person's application for an estate agent's licence.
7 Exemptions from estate agent course
The following classes of persons are exempted from the operation of section 14(1)(a)(i) of the Act—
(a) a person who has passed a course of instruction and the relevant examinations described in Schedule 3 within the 5 years immediately preceding the date of the person's application for an estate agent's licence; or
(b) a person who has passed a course of instruction and the relevant examinations described in Schedule 3 at any time and, within the 10 years immediately preceding the date of their application for an estate agent's licence, either—
(i) has held an estate agent's licence; or
(ii) was employed as an agent's representative for the equivalent of at least 2 years full time.
8 Prescribed course for agent's representative
(1) The course of instruction described in Schedule 2 is prescribed for the purposes of section 16(1)(b) of the Act.
(2) For the purposes of Schedule 2, a person is only to be considered to have passed the course if the person has passed the course either—
(a) within the 5 years immediately preceding the date the person starts work as an agent's representative; or
(b) at any time and either—
(i) has held an estate agent's licence within the 10 years immediately preceding the date the person starts work as an agent's representative; or
(ii) was employed as an agent's representative within the 10 years immediately preceding the date the person starts work as an agent's representative.
9 Exemptions from agent's representative course
The following classes of persons are exempted from section 16(1)(b) of the Act—
(a) a person who has passed the course of instruction described in Schedule 1 or a course of instruction and the relevant examinations described in Schedule 3 or 4 at any time during the 5 years immediately preceding the date the person starts work as an agent's representative; or
(b) a person who has passed the course of instruction described in Schedule 1 or a course of instruction and the relevant examinations described in Schedule 3 or 4 at any time and, within the 10 years immediately preceding the date the person starts work as an agent's representative, either—
(i) has held an estate agent's licence; or
(ii) was employed as an agent's representative; or
(c) a person who has held an estate agent's licence at any time during the 5 years immediately before the date the person starts work as an agent's representative; or
(d) a person who—
(i) was a licensed sub-agent on 31 January 1990 and was licensed continuously from that date until 1 February 1995; and
(ii) was employed as an agent's representative at any time during the 10 years immediately preceding the date the person starts work as an agent's representative.
Schedule 1
Regulations 6 and 9
1 The course of instruction required for the award of CPP41419 Certificate IV in Real Estate Practice from the Property Services Training Package, Release 8.0, or if superseded its equivalent, and comprising the following units of competency, or if any unit is superseded the equivalent of that unit (based on Victorian estate agency law, practice and procedure)—
CPPREP4001 Prepare for professional practice in real estate
CPPREP4002 Access and interpret ethical practice in real estate
CPPREP4003 Access and interpret legislation in real estate
CPPREP4004 Establish marketing and communication profiles in real estate
CPPREP4005 Prepare to work with real estate trust accounts
CPPREP4101 Appraise property for sale or lease
CPPREP4102 Market property
CPPREP4103 Establish vendor relationships
CPPREP4104 Establish buyer relationships
CPPREP4105 Sell property
CPPREP4121 Establish landlord relationships
CPPREP4122 Manage tenant relationships
CPPREP4123 Manage tenancy
CPPREP4124 End tenancy
CPPREP4125 Transact in trust accounts
Any 3 elective units that satisfy the "Packaging Rules" for the award of CPP41419 Certificate IV in Real Estate Practice, described in Qualification details CPP41419 - Certificate IV in Real Estate Practice(Release 1) published on 21 March 2019 on the Internet site of the official national register of information on VET in Australia, Department of Education, Skills and Employment of the Commonwealth, as in force from time to time.
AND
2 The course of instruction required for the award of CPP51119 Diploma of Property (Agency Management) from the Property Services Training Package, Release 8.0, or if superseded its equivalent, and comprising the following units of competency, or if any unit is superseded the equivalent of that unit (based on Victorian estate agency law, practice and procedure)—
CPPREP5001 Manage compliance in the property industry
CPPREP5002 Establish and monitor property industry trust account management practices
CPPREP5003 Manage ethical practice in the property industry
CPPREP5004 Manage a safe workplace in the property industry
CPPREP5005 Manage teams in the property industry
CPPREP5006 Manage operational finances in the property industry
CPPREP5007 Develop a strategic business plan in the property industry
Any 5 elective units that satisfy the "Packaging Rules" for the award of CPP51119 Diploma of Property (Agency Management), described in Qualification details CPP51119 - Diploma of Property (Agency Management) (Release 1) published on 21 March 2019 on the Internet site of the official national register of information on VET in Australia, Department of Education, Skills and Employment of the Commonwealth, as in force from time to time.
Note
See the National Register of VET at https://training.gov.au (or the Internet site of a subsequent equivalent Commonwealth service).
Schedule 2
Regulation 8
The course of instruction required for the award of CPP41419 Certificate IV in Real Estate Practice from the Property Services Training Package, Release 8.0, or if superseded its equivalent, and comprising the following units of competency, or if any unit is superseded the equivalent of that unit (based on Victorian estate agency law, practice and procedure)—
CPPREP4001 Prepare for professional practice in real estate
CPPREP4002 Access and interpret ethical practice in real estate
CPPREP4003 Access and interpret legislation in real estate
CPPREP4004 Establish marketing and communication profiles in real estate
CPPREP4005 Prepare to work with real estate trust accounts
CPPREP4101 Appraise property for sale or lease
CPPREP4102 Market property
CPPREP4103 Establish vendor relationships
CPPREP4104 Establish buyer relationships
CPPREP4105 Sell property
CPPREP4121 Establish landlord relationships
CPPREP4122 Manage tenant relationships
CPPREP4123 Manage tenancy
CPPREP4124 End tenancy
CPPREP4125 Transact in trust accounts
Any 3 elective units that satisfy the "Packaging Rules" for the award of CPP41419 Certificate IV in Real Estate Practice, described in Qualification details CPP41419 - Certificate IV in Real Estate Practice(Release 1) published on 21 March 2019 on the Internet site of the official national register of information on VET in Australia, Department of Education, Skills and Employment of the Commonwealth, as in force from time to time.
Note
See the National Register of VET at https://training.gov.au (or the Internet site of a subsequent equivalent Commonwealth service).
Schedule 3
Regulations 7 and 9
1 The course of instruction required for the award of a Certificate IV in Property (Real Estate Agency Practice) and including a pass in the relevant written examinations administered by Vocational Education and Training Assessment Services (VETASSESS), or its successors in law, as the managing agent for the State-wide external examinations for the Office of Training and Tertiary Education, or its successor in law, for each of the following units of competency—
PRDRE11A Provide property appraisal
PRDRE15A Undertake property sale by private treaty
PRDRE16A Monitor sales process
PRDRE18A Lease property
PRDRE19A Provide property management services
PRDRE23A Maintain agency–client relationship
PRDRE26A Conduct property sale by auction
PRDRE28A Maintain trust account
conducted by the registered education and training organisations approved by the Director under section 10A of the Act as in force immediately before its repeal.
OR
2 The course of instruction and examination required for the award of a Bachelor of Business Property (Agency and Marketing stream) by or under the authority of the Royal Melbourne Institute of Technology and started before 1 January 2000.
OR
3 The course of instruction required for the award of a Certificate IV in Business (Estate Agency Practice) and including a pass in the written examinations administered by the Office of Training and Further Education's Examinations Branch, or its successors in law, for each of the following—
Module ABH504 Real Estate Accounting
Module ABH508 Real Estate Consumer Protection
Module ABH510 Contract Law for Real Estate
Module ABH511 Property Law
Module ABH512 Residential Tenancies
Module ABH522 Contracts for the Sale of Land
Module ABH524 Property Appraisal
conducted by or under the authority of any of the following educational institutions or their successors in law—
Barton Institute of TAFE
Bendigo Regional Institute of TAFE
Box Hill Institute of TAFE
Casey Institute of TAFE
Central Gippsland Institute of TAFE
East Gippsland Institute of TAFE
Gordon Institute of TAFE
Goulburn Valley Institute of TAFE
Holmesglen Institute of TAFE
Kangan Institute of TAFE
Northern Melbourne Institute of TAFE
Outer Eastern College of TAFE
Peninsula Institute of TAFE
Royal Melbourne Institute of Technology
South West Institute of TAFE
Sunraysia Institute of TAFE
Swinburne University of Technology
The School of Mines and Industries Ballarat Limited
Victoria University of Technology
Wangaratta College of TAFE
Western Melbourne Institute of TAFE
Wimmera Institute of TAFE
Wodonga Institute of TAFE
OR
4 The courses of instruction and examination required for the award of—
an Advanced Certificate in Estate Agency; or
an Advanced Certificate in Real Estate; or
a Certificate of Business Studies (Real Estate); or
the Estate Agency Certificate
conducted by or under the authority of any of the educational institutions listed in clause 3 or their predecessors or successors in law.
OR
5 The following 16 units, or equivalent units, of the Certificate of Business Studies (Real Estate) started before 1 January 1987—
Accounting 1
Accounting 2
Accounting for Real Estate A
Accounting for Real Estate B
Real Estate Valuations A
Real Estate Valuations B
Introduction to Law 1A
Introduction to Law 1B
Real Estate Law A
Real Estate Law B
Real Estate Building Techniques A
Real Estate Building Techniques B
Real Estate Practice A
Real Estate Practice B
Middle Level English 1A
Middle Level English 1B
conducted by or under the authority of the educational institutions listed in clause 3 or their predecessors or successors in law.
OR
6 The course of instruction required for the award of CPP40307 Certificate IV in Property Services (Real Estate) from the Property Services Training Package, Code CPP07, and comprising the following units of competency, or equivalent units (based on Victorian estate agency law, practice and procedure), and started before 22 October 2019—
CPPDSM4001A Act as a buyer's agent
CPPDSM4003A Appraise property
CPPDSM4004A Conduct auction
CPPDSM4005A Establish and build client–agency relationships
CPPDSM4006A Establish and manage agency trust accounts
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work
CPPDSM4008A Identify legal and ethical requirements of property sales to complete agency work
CPPDSM4009A Interpret legislation to complete agency work
CPPDSM4010A Lease property
CPPDSM4011A List property for lease
CPPDSM4012A List property for sale
CPPDSM4013A Market property for lease
CPPDSM4014A Market property for sale
CPPDSM4015A Minimise agency and consumer risk
CPPDSM4016A Monitor and manage lease or tenancy agreement
CPPDSM4018A Prepare and present property reports
CPPDSM4019A Prepare for auction and complete sale
CPPDSM4020A Present at tribunals
CPPDSM4022A Sell and finalise the sale of property by private treaty
CPPDSM4049A Implement maintenance plan for managed properties
CPPDSM4056A Manage conflict and disputes in the property industry
CPPDSM4080A Work in the real estate industry
BSBSMB406A Manage small business finances
BSBRKG304B Maintain business records
OR
7 The course of instruction required for the award of CPP40307 Certificate IV in Property Services (Real Estate) from the Property Services Training Package, Code CPP07, and comprising the following units of competency (based on Victorian estate agency law, practice and procedure) and completed on or before 30 September 2021—
CPPDSM4001A Act as a buyer's agent
CPPDSM4003A Appraise property
CPPDSM4004A Conduct auction
CPPDSM4005A Establish and build client–agency relationships
CPPDSM4006A Establish and manage agency trust accounts
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work
CPPDSM4008A Identify legal and ethical requirements of property sales to complete agency work
CPPDSM4009B Interpret legislation to complete agency work
CPPDSM4010A Lease property
CPPDSM4011A List property for lease
CPPDSM4012A List property for sale
CPPDSM4013A Market property for lease
CPPDSM4014A Market property for sale
CPPDSM4015B Minimise agency and consumer risk
CPPDSM4016A Monitor and manage lease or tenancy agreement
CPPDSM4018A Prepare and present property reports
CPPDSM4019A Prepare for auction and complete sale
CPPDSM4020A Present at tribunals
CPPDSM4022A Sell and finalise the sale of property by private treaty
CPPDSM4049A Implement maintenance plan for managed properties
CPPDSM4056A Manage conflict and disputes in the property industry
CPPDSM4080A Work in the real estate industry
BSBSMB406A Manage small business finances
BSBRKG304B Maintain business records
Schedule 4
Regulation 9
1 The course of instruction and examinations required for the award of a Statement of Attainment for the Course in Property (Agents' Representatives) and including a pass in the relevant written examinations administered by Vocational Education and Training Assessment Services (VETASSESS), or its successors in law, as the managing agent for the State-wide external examinations for the Office of Training and Tertiary Education, or its successor in law, for each of the following units of competency—
VBN723 Work effectively in the real estate industry
VBN724 Address legal and ethical requirements of property sales
VBN725 Address legal and ethical requirements of property management
conducted by the registered education and training organisations approved by the Director under section 10A of the Act as in force immediately before its repeal.
OR
2 The course of instruction and examination required for the award of a Statement of Attainment for the—
Course in Real Estate for Agents' Representatives; or
Course in Sub-agency Practice
conducted by or under the authority of any of the educational institutions listed in clause 3 of Schedule 3 or their predecessors or successors in law.
OR
3 The following 6 modules of the Certificate in Real Estate Operations—
Module 101 Real Estate Industry Overview
Module 211 Introduction to Property Management
Module 221 Introduction to Property Sales Consulting
Module 311 Tenancy Documentation
Module 321 Sales Documentation
Module 322 Sales Transactions
conducted by or under the authority of any of the educational institutions listed in clause 3 of Schedule 3 or their predecessors or successors in law or conducted by the Real Estate Institute of Victoria Limited.
OR
4 The course of instruction and examination required for the award of a Sub-Agents Preliminary Education Course Certificate conducted by or under the authority of any of the educational institutions listed in clause 3 of Schedule 3 or their predecessors or successors in law.
OR
5 The course of instruction required for the award of a Statement of Attainment for the following units of competency (based on Victorian estate agency law, practice and procedure) from the Property Services Training Package, Code CPP07 and completed on or before 30 September 2021—
CPPDSM4007A Identify legal and ethical requirements of property management to complete agency work
CPPDSM4008A Identify legal and ethical requirements of property sales to complete agency work
CPPDSM4080A Work in the real estate industry
═════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Estate Agents (Education) Regulations 2020, S.R. No. 114/2020 were made on 20 October 2020 by the Governor in Council under section 99 of the Estate Agents Act 1980, No. 9428/1980 and came into operation on 21 October 2020: regulation 3.
The Estate Agents (Education) Regulations 2020 will sunset 10 years after the day of making on 20 October 2030 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Estate Agents (Education) Regulations 2020 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
The following table of applied, adopted or incorporated matter was included in S.R. No. 114/2020 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Schedules 1, 2 | *Qualification details CPP41419 - Certificate IV in Real Estate Practice* *(Release 1)* published on 21 March 2019 on the Internet site of the official national register of information on VET in Australia, Department of Education, Skills and Employment of the Commonwealth | Packaging Rules |
| Schedule 1 | *Qualification details CPP51119 - Diploma of Property (Agency Management)* *(Release 1)* published on 21 March 2019 on the Internet site of the official national register of information on VET in Australia, Department of Education, Skills and Employment of the Commonwealth | Packaging Rules |