Land Valuers Licensing Act 1978

Licensing gate and scope of regulated activity

• The core regulatory concept is an exclusive licensing requirement for the practice of valuation of land by individuals. A person must not carry on business, hold themselves out or demand or receive consideration for valuation services unless licensed (s 23(1)). Firms and corporations are permitted only if each valuation they supply is made by a licensed person (s 23(2)). The Act therefore regulates the person who actually performs the valuation rather than merely the entity that contracts for it.

Commissioner-centric administration

• The Commissioner is the central administrative decision maker. The Act repeatedly assigns functions to the Commissioner: determining application forms and information required (s 17), assessing character and competence and granting licences (s 19), issuing duplicates (s 23A), keeping and updating the register (s 29, s 29A), issuing certificates (s 30), publishing remuneration notices (s 25), and publishing a code of conduct with Ministerial approval (s 26). Where the Act previously referenced a Board and Registrar, those roles are transferred to the Commissioner by Part VI (ss 37-44).

Qualification and experience pathways

• Section 19 supplies the eligibility pathways the Commissioner may rely on when granting a licence. An applicant may qualify by membership of the Australian Property Institute (s 19(b)), or by holding a prescribed tertiary award together with a minimum of 2 years’ practical valuation experience immediately prior to application and a total of at least 4 years’ experience in the preceding 10 years (s 19(c)(i)-(ii)). Previous licensure within the prior five years is an additional pathway (s 19(d)).

Administrative discretion and procedural safeguards

• The Commissioner may require further information verified by statutory declaration (s 17(4)) and must give an applicant an opportunity to provide additional information where an adverse decision is being considered (s 17(5)). The Commissioner can grant a licence without notice to the applicant (s 19A(1)) but must deliver it forthwith (s 19A(2)). Decisions under Part III are reviewable by the State Administrative Tribunal where a person is aggrieved (s 16).

Controls on fees and remuneration

• The Commissioner may, with Ministerial approval, fix maximum remuneration for services by Gazette notice (s 25(1)-(2)). A licensed valuer or a firm/corporation of which a licensed valuer is an officer must not charge more than the prescribed maximum for a service, subject to a penalty ($5 000) and civil recovery of any excess remuneration (ss 25(3)-(4)). The regulatory architecture therefore includes price control for specified valuation services.

Discipline and civil/criminal sanctions

• The Act balances administrative discipline through SAT (ss 27-28) with criminal offences for unlicensed conduct and false or misleading information (s 23(1), s 24, s 33A). SAT can reprimand, fine (up to $10 000), suspend or cancel a licence and disqualify persons from holding licences (s 28(1)(a)-(c)). Criminal penalties include $100 000 for unlicensed practice and $100 000 for falsely implying licensure (ss 23(1), 24(1)); a $20 000 penalty applies to giving false or misleading information where required by the Act (s 33A(1)). Corporations and officers can be held criminally responsible in tandem (s 34).

Investigatory and confidentiality framework

• The Act imports investigatory powers and Part 6 of the Fair Trading Act 2010 (s 15), giving the Commissioner statutory investigatory tools. Information obtained under the Act is subject to confidentiality protections in the Fair Trading Act (s 33). The annual report requirements require publication of investigation and SAT matter statistics and forecasts (s 31(1a)).

Transitional arrangements

• The Act contains detailed transitional provisions transferring functions, unfinished proceedings and assets from the former Land Valuers Licensing Board to the Commissioner (Pt VI, ss 37-46). Those provisions also preserve immunity, allow prior Gazette notices to be treated as Commissioner notices (s 41), and permit regulations to address any further transitional matters (s 46).

Regulation-making power

• The Governor may make regulations for matters necessary for the purposes of the Act, including specifying advertising of licence applications, fees, register particulars and penalties for regulation breaches up to $1 000 (s 36).

Collectively, these concepts produce a regulatory regime that combines professional gatekeeping, administrative-led supervision and statutory sanctions, with the Commissioner as the operational centre of decision-making and enforcement.

Licensed valuers and licence applicants

• Individuals who perform valuations of land for fee or reward are directly regulated. To lawfully practise they must hold a licence under the Act (s 23(1)); applicants must meet criteria set out in s 19 and apply in the form the Commissioner determines (s 17). Licence holders are subject to ongoing obligations including notifying the Commissioner of register particulars changes (s 29A) and adherence to the licensed valuers code of conduct (s 26).

Firms and corporations

• Firms and corporations are affected in two ways. First, they may carry on valuation business only where every valuation supplied by them is made by a licensed person (s 23(2)). Second, a firm or corporation of which at least one officer is a licensed valuer may use the term "licensed valuers" or imply it can render licensed services only if the notice, advertisement or document also names the licensed officer(s) (s 24(2)). Corporations that commit offences under the Act expose not only the corporate body to liability but also officers who knowingly participated in the offence (s 34).

Officers and employees

• Officers of corporations (as defined in s 4) and employees whose principal employment is with the firm are caught by the Act. Where a corporation is guilty of an offence any officer who was knowingly party to the commission is also guilty of that offence (s 34). Officers who are licensed valuers must be named in advertisements if a corporate entity uses the term "licensed valuers" (s 24(2)).

Students and assistants

• The Act permits students undertaking a prescribed course in valuation and assistants employed to aid a licensed valuer to perform valuation functions under supervision (s 23(3)). Supervision is required; those performing under supervision remain contingent on the licensed valuer's oversight.

Clients and users of valuations

• Property owners, purchasers, mortgagees, insurers, local government and other users of valuation reports are affected indirectly because the quality, availability and cost of valuations will be shaped by the licensing and remuneration controls in the Act. The Commissioner may fix maximum remuneration for specified services (s 25), which binds licensed valuers and may be recoverable civilly if charged in excess (s 25(4)).

The Commissioner and the Minister

• The Commissioner holds administrative, investigative, registration and prosecutorial functions under the Act (ss 15, 17, 19, 29, 35). The Commissioner must publish certain notices and keeps the register (ss 25(1), 29). The Minister’s approval is required for the Commissioner to publish remuneration notices and the code of conduct (ss 25(1), 26).

State Administrative Tribunal

• SAT is the review and disciplinary forum: persons aggrieved by reviewable decisions under Part III may apply to SAT (s 16); the Commissioner may allege that proper cause exists for disciplinary action, and SAT has the powers in s 28 to sanction current and former licensees (ss 27-28). SAT also has power to suspend licences where its orders are not complied with (s 20A).

Public administration and other regulators

• The Act imports investigatory and confidentiality provisions from the Fair Trading Act 2010 (s 15; s 33). This connects the valuer licensing regime to the broader consumer protection and enforcement architecture of the Fair Trading Act and to any powers under Part 6 of that Act.

Persons with previous dealings with the former Board

• Transitional provisions transfer unfinished proceedings, assets and liabilities from the former Board to the Commissioner (Pt VI, ss 38-45). Persons with ongoing proceedings or rights under the former Board should note that those matters continue under the Commissioner (ss 42-43) and that prior Gazette notices continue as Commissioner notices (s 41).

Those affected therefore include the individual professional practitioners, the employing entities, their officers, students and assistants, clients using valuation services, regulatory bodies (Commissioner, SAT), and parties with ongoing transitional matters from the former Board.

Duties to be licensed and to avoid misrepresentation

• Individuals must hold a licence to act as a valuer, to hold themselves out as a valuer or to demand or receive consideration for valuation services. Breach attracts a specified fine (s 23(1)). A related duty is not to imply licensure if not licensed; falsely claiming licensure is an offence with the same maximum fine ($100 000) (s 24(1)). Firms may represent themselves as having licensed valuers only where at least one officer is licensed and the names of licensed officers appear in the relevant document or advertisement (s 24(2)).

Duty to ensure licensed personnel carry out valuations

• Firms and corporations may only supply valuations where each valuation is made by a person licensed under the Act (s 23(2)). This places an internal compliance duty on entities to ensure the person creating the valuation report holds a licence.

Application, evidence and disclosure duties

• Applicants must apply in the Commissioner-prescribed form and provide required information (s 17(1)). The Commissioner may require further information verified by statutory declaration (s 17(4)). If the Commissioner is contemplating an adverse decision, the applicant must be given an opportunity to provide additional information (s 17(5)).

Duty to notify and maintain register particulars

• A licensed valuer must notify the Commissioner of any change in particulars recorded in the register as soon as practicable (s 29A(1)). Failure to do so is an offence subject to a fine ($2 000) (s 29A(1)-(2)). The Commissioner must enter such notified changes in the register (s 29A(2)).

Duties arising from remuneration and conduct regulation

• Licensed valuers must comply with maximum remuneration notices fixed by the Commissioner with Ministerial approval and published in the Gazette (s 25(1)-(3)). Charging above the applicable maximum is an offence and excess sums are recoverable as a civil debt (s 25(3)-(4)). Licensed valuers are also subject to any code of conduct laid down by the Commissioner with Ministerial approval and Gazette notice (s 26).

Duties during and after surrender or licence expiry

• A licence has a Commissioner-fixed period (not exceeding the prescribed period) and may be renewed (s 21(1), (1a), s 22). A person may surrender their licence at any time, but the Act and the Fair Trading Act continue to apply to matters arising before surrender to enable investigation and action as if the licence had not been surrendered (s 21(2)-(3)).

Rights to administrative review and to procedural fairness

• Decisions under Part III by the Commissioner that affect an applicant or licensee are reviewable by SAT (s 16). Procedural rights are also in s 17(5) which requires the Commissioner to give the applicant an opportunity to give additional information where an adverse decision is being considered.

Register access and evidentiary certificates

• The Commissioner must keep a register of licensed valuers (s 29(1)) and record prescribed particulars (s 29(2)). A person may inspect the register on payment of the prescribed fee (s 29(4)). The Commissioner issues certificates as to registration matters on request and fee payment; such certificates are evidence in the absence of proof to the contrary (s 30(3)-(4)).

Enforcement and disciplinary processes

• The Commissioner may bring proceedings for offences under the Act (s 35(1)) and may allege to SAT that proper cause for disciplinary action exists (s 27). SAT has a list of powers on disciplinary findings including reprimand, fine, suspension, cancellation and disqualification (s 28(1)). SAT can also suspend licences where its orders are not complied with (s 20A).

Investigatory powers and confidentiality

• The Fair Trading Act 2010 investigatory provisions apply to this Act (s 15). Information obtained under the Act is protected under the Fair Trading Act s 112 as applied by s 33.

Time limits and prosecutorial discretion

• Proceedings for offences under the Act may be brought within 3 years after the alleged offence, or at a later time with the Minister’s consent (s 35(2)). The Commissioner has discretion to commence proceedings (s 35(1)).

Collectively the duties require active compliance by applicants and licensees in application procedures, record-keeping, fee payment, notifying changes, adhering to conduct standards and remuneration limits. The rights give applicants and licensees access to SAT review and evidence-presumptions in favour of register certificates, while the Commissioner holds investigative and prosecutorial powers.

Criminal penalties and monetary amounts

• The Act specifies distinct maximum fines for several offences. Unlicensed practice and falsely implying licensure attract the largest stated penalties, each up to $100 000 (ss 23(1), 24(1)). Giving false or misleading information to the Commissioner where required by the Act is an offence with a maximum fine of $20 000 (s 33A(1)). Exceeding a remuneration cap fixed under s 25(1) attracts a penalty of $5 000 (s 25(3)). Failure to notify the Commissioner of change of registered particulars carries a fine of $2 000 (s 29A(1)).

Disciplinary monetary penalties

• Separately from criminal fines, SAT may impose a fine not exceeding $10 000 where it is satisfied proper cause for disciplinary action exists (s 28(1)(b)). SAT’s repertoire of remedies also includes reprimand, suspension and cancellation of licence, and disqualification from holding a licence (s 28(1)(a), (c)).

Civil recovery

• Remuneration received in contravention of a remuneration notice under s 25 may be recovered as a civil debt recoverable summarily in a court of competent jurisdiction (s 25(4)). This creates a civil enforcement route alongside criminal sanctions for overcharging.

Corporate and officer liability

• Where a corporation commits an offence under the Act, any officer of the corporation who was knowingly a party to the commission of the offence is also guilty of that offence (s 34). This extends criminal exposure beyond the corporate entity to individuals in positions of responsibility.

Prosecution authority, limitations and extensions

• Proceedings for offences may be taken by the Commissioner (s 35(1)). The ordinary limitation period is three years from commission of the alleged offence, but prosecutions can be commenced after that period with the Minister’s consent (s 35(2)). The Act therefore combines a specified prosecutorial window with an executive override.

Administrative enforcement via SAT

• The Commissioner may initiate disciplinary allegations to SAT (s 27). SAT is empowered to impose a range of administrative penalties or conditions where proper cause exists, including suspension until conditions are met or permanent disqualification (s 28(1)(c)). SAT also has, by s 20A, the specific power to suspend a licence where an SAT order is not complied with; the licence can be suspended until payment is made or for such period or on such event as the Tribunal thinks fit.

Investigations and investigatory powers

• The Act imports the Fair Trading Act 2010 s 61 and Part 6, which provide investigative powers such as entry, search, document production and questioning in appropriate circumstances (s 15). The Commissioner can therefore rely on those statutory tools in enforcing the Act.

Confidentiality and limitations on disclosure

• Information obtained for the purposes of the Act is subject to the Fair Trading Act 2010 s 112 protections as applied by s 33. Those confidentiality protections limit public disclosure of investigative material, subject to the Fair Trading Act framework.

Procedural evidentiary advantages

• Certificates from the Commissioner as to whether a person is or was licensed, or as to matters contained in the register, are, in the absence of proof to the contrary, taken as proof of the matters certified (s 30(3)). Similarly, allegations in a charge about a person’s licensure status are taken as proved absent contrary proof (s 35(3)). These provisions ease the evidentiary burden for regulators and prosecutors.

Regulatory enforcement via regulations

• The Governor may make regulations prescribing penalties not exceeding $1 000 for breaches of regulations made under the Act (s 36(2)(g)). Those regulatory penalties are additional to the Act’s listed sanctions.

Overall enforcement architecture

• Enforcement is built on three pillars: criminal sanctions and corporate/officer liability; civil recovery for excess remuneration; and administrative discipline through SAT with investigatory support from the Fair Trading Act. The Commissioner is the prosecuting authority under the Act and has investigatory tools; SAT is the review and disciplinary tribunal with powers to suspend or cancel licences and to impose fines. Procedural aids to enforcement include evidentiary certificates and a presumption in charging. Time limits on prosecution exist but can be extended by Ministerial consent.

Fair Trading Act 2010

• The Act expressly imports investigatory powers and Part 6 of the Fair Trading Act 2010 by s 15, meaning the Commissioner may exercise the search, information‑gathering and related enforcement powers provided by that Act when administering or enforcing the Land Valuers Licensing Act 1978. Section 33 applies the Fair Trading Act 2010 s 112 confidentiality protections to information obtained under the land valuers Act. Those incorporations align the valuer licensing regime with the broader consumer-protection and investigatory framework established by the Fair Trading Act.

State Administrative Tribunal Act 2004 and SAT jurisdiction

• The Act confers review rights to SAT where a person is aggrieved by a reviewable decision of the Commissioner under Part III (s 16). The Commissioner may bring disciplinary allegations before SAT (s 27), and SAT’s powers to impose fines, to suspend or cancel licences and to disqualify are set out in s 28. Section 20A further empowers SAT to suspend licences where its orders are not complied with. The compilation table and amendments (for example, the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004) indicate legislative action to vest jurisdiction in SAT (compilation table entries and s 27 insertion references).

Regulatory and subordinate law

• The Governor may make regulations for matters necessary for the Act’s operation, such as advertising of licence applications, fees, particulars to be recorded in the register and penalties for regulation breaches up to $1 000 (s 36). Regulations also provide a mechanism to address transitional lacunae (s 46). The Act therefore delegates particular procedural and administrative specifics to regulation-making power consistent with standard administrative architecture.

Transitional and repeal-linked provisions

• Part VI (ss 37-46) contains detailed transitional arrangements that interact with prior statutory structures, abolishing the former Board and transferring functions, assets, liabilities and unfinished proceedings to the Commissioner (ss 38-45). Section 39 allows references in other written laws or documents to the former Board or Registrar to be read as references to the Commissioner where context requires. The compilation table shows successive Acts that amended the Land Valuers Licensing Act, including the Acts Amendment (Fair Trading) Act 2010 which effected a structural change (see compilation table and Pt VI insertion references).

Corporate and general criminal law

• Section 34 exposes corporate officers to liability where they are knowingly party to corporate offences, aligning with general principles of corporate criminal liability. Section 35’s limitation period and Ministerial extension power interacts with general prosecutorial time limits in other statutes, and s 35(3) provides evidentiary presumptions that affect criminal procedure.

Other industry-specific or professional regulation

• The Act references the Australian Property Institute in s 4 and s 19(b). It also intersects conceptually with other licensing statutes and professional regulation frameworks through shared administrative structures and SAT jurisdiction, but the statute itself confines direct cross‑references to the Fair Trading Act and State Administrative Tribunal regime. The compilation table records later amendments including Mutual Recognition (WA) Amendment Act 2022 and the Legal Profession Uniform Law Application Act 2022; those enactments may affect cross-jurisdictional recognition and interface with other professions in ways not specified in the Act text but recorded in the legislative history.

Evidentiary and civil recovery routes

• The Act’s provisions that allow civil recovery of excess remuneration (s 25(4)) interact with general civil procedure; the Commissioner’s certificates as evidence (s 30(3)) and the charge presumption in s 35(3) interact with evidence law and criminal procedure.

In short, the Act has been plugged into the Fair Trading and SAT regimes to centralise investigatory, confidentiality and adjudicative processes and relies on subsidiary regulations for procedural detail. Transitional provisions ensure continuity from the former Board. The principal external legal interactions in the Act text are with the Fair Trading Act 2010 (investigation and confidentiality) and the State Administrative Tribunal framework (review and discipline).

The statutory text itself carries amendment annotations and the compilation table records the legislative history. Key milestones and the statutory markers in the text are as follows:

• Original enactment and commencement: Land Valuers Licensing Act 1978, assented 6 September 1978, commenced 1 July 1979 (compilation table header).

• 1984 amendments: Land Valuers Licensing Amendment Act 1984 (No. 15 of 1984) made amendments, including insertion and amendment notes in s 4 and s 23 (annotations in those sections reflect No. 15 of 1984 s 3, s 5, s 6 and s 7 where applicable) (compilation table).

• 1995 Business Licensing Amendment Act (No. 56 of 1995): the compilation indicates various deletions and transitional provisions; s 4 was amended by No. 56 of 1995 s 27 and other parts were affected (see annotations in s 4 and compilation table).

• 2003-2004 amendments and conferral to SAT: Acts in 2003 and 2004 included amendments affecting courts and legal practice, and importantly the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (No. 55 of 2004) inserted sections into the Act that connect disciplinary proceedings to SAT. The text shows that s 16 was inserted by No. 55 of 2004 s 592, s 19A was inserted by No. 55 of 2004 s 594, s 20A was inserted by No. 55 of 2004 s 595, s 27 was inserted by No. 55 of 2004 s 597, and s 28 was amended under No. 55 of 2004 s 598. The compilation table lists the relevant Acts and commencement dates.

• 2006 Consumer Protection Legislation Amendment and Repeal Act 2006 (No. 69 of 2006): the Act contains multiple amendment annotations referencing No. 69 of 2006, for example to s 23 and s 24 and s 25, reflecting updates to terminology and penalty structures (see annotations in relevant sections).

• 2010 Acts Amendment (Fair Trading) Act 2010 (No. 58 of 2010): This is a structural amendment. The text shows that s 15 (powers of investigation) was inserted by No. 58 of 2010 s 19, Part II and certain headings and sections were deleted and transitional Part VI was inserted by No. 58 of 2010 s 30. The Fair Trading Act investigative and confidentiality provisions were imported via ss 15 and 33. The compilation table confirms commencement on 1 July 2011.

• 2014 Consumer Protection Legislation Amendment Act 2014 (No. 23 of 2014): The compilation table records insertion and amendment references (e.g. s 17 amended by No. 23 of 2014 s 16; s 19A amended by No. 23 of 2014 s 18). The reprints reflect those changes.

• 2016 Licensing Provisions Amendment Act 2016 (No. 44 of 2016): s 19 and other provisions bear amendment notes referencing No. 44 of 2016 (s 17).

• 2019 Consumer Protection Legislation Amendment Act 2019 (No. 25 of 2019): Notably inserted s 33A (offence of giving false or misleading information) (text insertion shown in s 33A inserted: No. 25 of 2019 s 36) and further amendments (annotation s 23 amended by No. 25 of 2019 s 37; s 25 amended). Commenced 1 January 2020 (compilation table).

• 2020 COVID-19 Response and Economic Recovery Omnibus Act 2020: compilation table notes amendment s 99 and commencement 12 September 2020.

• 2022 Mutual Recognition (Western Australia) Amendment Act 2022 and Legal Profession Uniform Law Application Act 2022: compilation table entries show these Acts (Nos. 7 and 9 of 2022) with commencement on 1 July 2022. The text’s s 4 annotations include No. 9 of 2022 s 424, suggesting definitional or interface amendments.

Insertions and deletions in the text

• The text contains multiple deleted sections and headings reflecting the removal of Part II and individual sections, with annotations showing when provisions were deleted (e.g., sections 5-11, 12-14 etc deleted by No. 58 of 2010 s 16 and s 18). The transitional Part VI was inserted by No. 58 of 2010 s 30 and is annotated throughout.

Specific insertion notes visible in the statute text

• Section 15 was inserted by No. 58 of 2010 s 19.
• Section 16 was inserted by No. 55 of 2004 s 592 and later amendments referenced.
• Sections 19A, 20A, 27 and 28 reflect insertions and amendments by No. 55 of 2004 and later amending Acts (see annotations in those sections).
• Section 29A inserted by No. 56 of 1995 s 30.
• Section 33 added by No. 58 of 2010 s 28.
• Section 33A inserted by No. 25 of 2019 s 36.
• Part VI sections (37-46) were inserted by No. 58 of 2010 s 30.

The compilation table records commencement dates for each amending Act and identifies the reprints. The history shows two structural shifts of consequence: conferral of disciplinary and review jurisdiction to SAT (mid 2000s), and consolidation under the Fair Trading Act framework with the abolition of the former Board and transfer of functions to the Commissioner in 2010. Subsequent Acts adjusted offences, penalties, procedural elements and transitional arrangements.

For practitioners and compliance professionals, the statutory annotations and compilation table supply the authoritative trail of legislative change that should be consulted when assessing the Act’s current provisions and their provenance.

The statute text provided contains no case law, judicial decisions or named litigation history. The Act, as compiled, points to the State Administrative Tribunal as the intended forum for review and disciplinary determinations (s 16; ss 27-28) and preserves unfinished proceedings commenced by the former Board or Registrar to be continued under the Commissioner (Pt VI, ss 42-43). The statute also creates criminal offences to be prosecuted, noting that proceedings for offences may be taken by the Commissioner (s 35(1)) and specifying evidentiary presumptions intended to streamline proof of licensure status in prosecutions (s 30(3); s 35(3)).

What the text does allow us to infer about the litigation landscape, solely on the basis of statutory design and not on any cases, is:

• Administrative and disciplinary disputes regarding licensing decisions and discipline are to be determined by SAT, and any person aggrieved by a reviewable Commissioner decision under Part III may apply to SAT for review (s 16). This means licensing refusals, renewals, suspensions and other Part III decisions will largely be litigated or reviewed within the SAT framework rather than conventional courts.

• Disciplinary allegations initiated by the Commissioner will be dealt with by SAT, which has express statutory powers to fine, reprimand, suspend, cancel or disqualify (s 28). SAT can also suspend a licence where its orders are not complied with (s 20A).

• Criminal prosecutions for offences under the Act are to be brought by the Commissioner, subject to the three year limitation period or Ministerial consent for a later commencement (s 35(1)-(2)). The evidentiary provisions (s 30(3); s 35(3)) are intended to facilitate proof of licensure status in criminal proceedings.

• Civil recovery mechanisms exist for unlawful remuneration charged in contravention of s 25, allowing affected parties access to civil courts for recovery as a debt (s 25(4)).

• Transitional provisions indicate that any unfinished proceedings before the former Board, Registrar, SAT or other courts that were commenced by the former bodies are continued under the Commissioner (ss 42-43). Practitioners involved in older matters should therefore expect continuity notwithstanding abolition of the former Board.

Because the provided source contains no reported decisions or references to litigation, this section must be limited to describing the statutory forums, processes and evidentiary devices that structure litigation and enforcement under the Act. For precedent and judicial interpretation, practitioners must consult court and SAT decisions outside the text of the statute.

High maximum fines but differing enforcement levels

• The Act sets very high maximum criminal fines for unlicensed practice and false claims of licensure ($100 000 each, ss 23(1), 24(1)), yet the administrative disciplinary fine available to SAT for disciplinary matters is capped at $10 000 (s 28(1)(b)). Practitioners should note the divergence between criminal exposure and administrative penalties, and that the Commissioner is the prosecuting authority (s 35(1)).

Broad Commissioner discretion on competence and character

• Section 19 requires the applicant to "satisfy the Commissioner, by such evidence as the Commissioner may require" that they are of good character and competent. The Commissioner therefore has wide discretion in assessing competence and repute and in specifying the nature and form of evidence. This creates uncertainty for applicants as to the precise evidence required; however s 17(5) mandates an opportunity to supply additional information where an adverse decision is contemplated.

Licence without notice

• The Commissioner may grant a licence without notice to the applicant (s 19A(1)), and must deliver the licence forthwith (s 19A(2)). The absence of required notice in s 19A may have operational implications for applicants who expect procedural notice or who require time to consider conditions; nonetheless, s 17(5) provides a procedural protective measure only in the event an adverse decision is being considered.

Remuneration caps and civil recovery

• The Commissioner can fix maximum remuneration for kinds of services with Ministerial approval and Gazette notice (s 25(1)-(2)). Charging above the published maxima is an offence with a $5 000 fine and exposes the valuer (or firm/corporation) to civil recovery of the excess as a debt (s 25(3)-(4)). Practitioners must check for Gazette notices as they are binding when published (s 25(2)) and may be relied upon by clients to seek recovery.

Register inspection and fees

• Inspection of the register is conditional on payment of the prescribed fee (s 29(4)). The Act does not fix the fee in the text; it is in regulations. That fee creates a small administrative barrier to access for third parties seeking verification, though the Commissioner must issue certificates of registration on request and fee payment (s 30(4)), and such certificates carry evidentiary weight (s 30(3)).

Continuing liability after surrender

• A licence surrender does not extinguish the ability to investigate or take action for matters arising before surrender (s 21(3)). A licensee who surrenders a licence to avoid consequences will still be subject to the Act and the Fair Trading Act in respect of prior conduct.

Corporate use of "licensed valuers"

• A corporation may use the term "licensed valuers" only where at least one officer is a licensed valuer and the notice/document also contains the names of the licensed officer(s) (s 24(2)). This is a particular compliance detail that may be overlooked by corporate marketers and could attract the $100 000 penalty for false claims if misused (s 24(1)).

False and misleading information offence

• Section 33A makes it a specific offence to give false or misleading information when required to do so under the Act, with a maximum fine of $20 000 (s 33A(1)). The definition of giving false or misleading information extends to omission where the omission makes a statement misleading in a material particular (s 33A(2)(b)). This is broader than mere inaccurate statements and creates exposure for incomplete disclosures in application or statutory-declaration materials.

Evidentiary presumptions

• Certificates from the Commissioner as to register status are taken as proof in the absence of contrary evidence (s 30(3)), and an allegation in a charge as to a person’s licensure status is similarly taken as proved in the absence of contrary proof (s 35(3)). These presumptions shift evidentiary burdens in prosecutions and administrative enforcement, creating risk for defendants unless they can marshal contrary proof.

Regulatory penalties and delegation of detail to regulations

• Many operational details are left to regulation, including fees, advertising of licence applications and particulars recorded in the register (s 36). Non-compliance with regulations attracts penalties (up to $1 000) (s 36(2)(g)). Practitioners must consult regulations routinely to capture procedural obligations not set out in the principal Act.

Transitional matters and continuity of proceedings

• Unfinished proceedings before the former Board or Registrar are taken to have been commenced by the Commissioner and continue under the Commissioner’s control (ss 42-43). Parties involved in older matters need to account for the transfer of prosecutorial or disciplinary responsibility to the Commissioner.

Criminal limitation period and Ministerial extension

• Prosecutions must ordinarily be brought within three years (s 35(2)) unless the Minister consents to a later commencement. This creates an administrative mechanism to extend time where necessary but requires Ministerial approval, which may be uncertain in particular cases.

Students and assistants performing work under supervision

• Students and assistants may perform valuation functions under the supervision of a licensed valuer (s 23(3)), but firms must ensure compliance with s 23(2) that each valuation supplied by the firm is made by a person licensed under the Act. The interplay of these provisions requires careful internal controls so that work performed by supervised assistants is properly attributed and signed-off by a licensed valuer.

Discrepancies in penalty scale

• Note the scale differences: unlicensed practice has a maximum fine of $100 000 (s 23(1)) whereas the maximum disciplinary fine by SAT is $10 000 (s 28(1)(b)). Similarly, breach of maximum remuneration is $5 000 (s 25(3)). Parties should not assume parity between criminal and administrative sanctions.

Taken together, these "gotchas" highlight points of diverging risk, administrative discretion, evidentiary advantage for enforcement and practical traps where procedural detail is delegated to regulations or Gazette notices. Practitioners must monitor Gazette notices, regulations and the Commissioner’s published materials (register entries, certificates, remuneration notices and the code of conduct) to manage compliance.

Step 0 , determine whether the Act applies

• Confirm whether the activity involves valuations of land for fee, reward or as part of holding out as a valuer. Section 23(1) makes licensure a prerequisite for carrying on business, holding out or demanding/receiving consideration as a valuer.

Step 1 , eligibility and application

• Ensure the applicant meets one of the statutory eligibility pathways in s 19:
  • Membership of the Australian Property Institute (s 19(b)); or
  • Holding the prescribed degree, diploma, certificate or other award plus at least 2 years’ satisfactory practical valuation experience immediately prior to application and a total of not less than 4 years’ satisfactory practical experience in the 10 years preceding the application (s 19(c)(i)-(ii)); or
  • Previous holding of a licence under the Act within the preceding 5 years (s 19(d)).
• Lodge the application in writing in the manner and form determined by the Commissioner and supply the information required by the Commissioner (s 17(1)). Be prepared to provide further information and statutory declarations if requested (s 17(4)).
• Anticipate procedural engagement: if the Commissioner is considering an adverse decision, s 17(5) requires the Commissioner to give the applicant an opportunity to add information; ensure submissions are timely and substantive.

Step 2 , payment of fees and licence periods

• Pay the prescribed fee on application and for renewals (ss 19, 22). Licences operate for a period fixed on grant not exceeding any prescribed period (s 21(1)). Renew within statutory timeframes; s 22 provides for renewal and a 28 day late window subject to prescribed fees and penalties (s 22(2)-(2a)).

Step 3 , record-keeping and register obligations

• Keep the Commissioner informed of changes to particulars recorded in the register as soon as practicable (s 29A(1)); failure to notify attracts a fine of $2 000 (s 29A(1)). Ensure required particulars are kept for inspection and that records are available for potential Fair Trading Act investigative demands (s 15).

Step 4 , comply with remuneration and conduct rules

• Check for any Gazette notices fixing maximum remuneration for kinds of services under s 25(1) and comply. Do not demand or receive remuneration in excess of published maxima; such excess is recoverable as a civil debt and attracts a $5 000 offence penalty (s 25(3)-(4)).
• Obtain and comply with the licensed valuers code of conduct as published by the Commissioner with Ministerial approval (s 26). Where the Commissioner publishes interpretative guidance or templates, follow them to reduce risk of a finding of breach.

Step 5 , advertising and representations

• If a firm or corporation wishes to use the term "licensed valuers", ensure at least one officer is a licensed valuer and include the names of the licensed officer(s) in the advertisement, notice or document (s 24(2)). Do not imply licensure if not licensed (s 24(1)); the maximum criminal fine is $100 000.

Step 6 , internal supervision and attribution

• Ensure that any valuation the firm supplies is actually made by a licensed person (s 23(2)). Where students or assistants perform work, ensure direct and adequate supervision by a licensed valuer and that the licensed valuer accepts responsibility and certifies or signs the valuation as required (s 23(3)).

Step 7 , dealing with investigations and SAT processes

• Be prepared to respond to investigatory demands under the Fair Trading Act 2010, which apply to administration of this Act (s 15). Keep accurate records and contemporaneous files to support competence and repute claims.
• If an adverse decision is made by the Commissioner under Part III, or a disciplinary allegation is brought, note the right to apply to SAT for review (s 16) and the Commissioner’s ability to allege proper cause to SAT (s 27). Engage legal representation for SAT proceedings, and prepare for possible outcomes under s 28, including fines, suspension or cancellation.

Step 8 , manage risk of prosecution and civil recovery

• Conform to the evidentiary expectations in the Act; avoid omissions that make statements misleading in a material particular, to mitigate s 33A exposure. If a remuneration dispute arises, clients may pursue civil recovery of excess charges under s 25(4). Keep clear billing and fee schedules consistent with any Gazette maxima.

Step 9 , corporate governance and officer exposure

• Corporations should ensure officers and senior managers are aware that officers who are knowingly party to corporate offences can be prosecuted (s 34). Establish compliance policies, supervision protocols, sign-off procedures, audit trails and continuing professional development to limit corporate and officer exposure.

Step 10 , monitor Gazette, regulations and Commissioner materials

• Regularly check the Government Gazette for notices on remuneration maxima and the code of conduct (ss 25, 26). Consult regulations made under s 36 for specific procedural requirements, fees, particulars to be recorded and advertising rules. Regulatory penalties of up to $1 000 may apply for breaches of regulations (s 36(2)(g)).

Additional practical measures

• Obtain a certified copy of any register entry or Commissioner certificate where required in transactions; such certificates are prima facie proof (s 30(3)-(4)).
• If contemplating surrender of a licence, obtain legal advice because surrender does not obviate investigations or enforcement for prior conduct (s 21(3)).
• Maintain professional indemnity and records sufficient to demonstrate competence and to respond to negligence, incompetence or fraud allegations which fall within s 28(2)(b), (cb) and (cc).
• If facing SAT orders, be aware that non-compliance may result in suspension under s 20A.

These steps, grounded in the statutory requirements, form the practical compliance pathway for applicants, licence holders and employing entities seeking to reduce regulatory, criminal and civil exposure under the Land Valuers Licensing Act 1978.