Land Valuers Licensing Regulations 1979

The Regulations rest on a small set of administrative concepts that determine who may work as a land valuer, how the commissioner records and enforces licensing, and how the licensing lifecycle is managed.

Licence lifecycle and temporal rules

• The Regulations prescribe the duration of licences and renewal cycles: a three‑year licence period and a three‑year further period for the purposes of sections 21 and 22 of the Act (regulation 4A). Renewal fees and a late-renewal surcharge (25% of the renewal fee) are set in Schedule 1 and regulation 4(2).
• A duplicate licence can be issued for a listed fee (Schedule 1 item 3).

Qualification recognition

• Regulation 8 prescribes the awards, degrees and diplomas that satisfy Act s. 19(c). Schedule 1A lists recognised degrees (Division 1) and diplomas (Division 2) by institution and award title. Regulation 8 also recognises certain RICS memberships and applies a temporal restriction on one RICS category (chartered general practice surveyor obtained before 1 January 2000).

Record-keeping and disclosure

• The Commissioner’s register must include detailed identity and employment/business particulars (regulation 6). The register therefore functions as a public or administrative record of competence, business nexus and licence status.

Notification duty

• Licensees have a statutory obligation to notify changes to particulars within one month (regulation 7). Non-notification is both a breach attracting a prescribed penalty and an offence for which an infringement notice may be issued (regulation 7; Schedule 2).

Enforcement and infringements

• The Regulations identify Act offences and regulation offences suitable for infringement notices under the Criminal Procedure Act 2004 (regulation 10; Schedule 2), set modified penalties, and provide forms for issuing and withdrawing notices (regulation 11; Schedule 3). The Commissioner may appoint authorised officers to issue notices and must issue identifying credentials to them (regulation 10(3)-(4)).

Debt and cost recovery

• Fees and costs prescribed by the Regulations and costs ordered in proceedings are declared to be debts due to the Crown and recoverable in any court of competent jurisdiction (regulation 9).

Administrative delegation and identity

• The Commissioner is the central decision-maker and administrator for the register and infringement processes, but regulation 10 expressly enables delegation by appointment of authorised officers and requires the Commissioner to issue identity documentation to those officers.

Interlocking statutory references

• Several key definitions and powers are imported by reference: Commissioner is defined with reference to the Fair Trading Act 2010 (regulation 2); infringement notices and their enforcement operate under the Criminal Procedure Act 2004 and the Fines, Penalties and Infringement Notices Enforcement Act 1994 (Schedule 3 Form 1). This makes the regime dependent on administrative and enforcement structures in other statutes.

Together these concepts make the Regulations a practical, administratively focused instrument that standardises the operational elements of licensing under the Act: who can qualify, how licences are priced and timed, what records must be kept, what minor breaches can be resolved by infringement notices and how the Commissioner operationally appoints officers to enforce the regime.

The Regulations affect a specific group of stakeholders whose identities and interests are discernible from the text.

Licensed and prospective land valuers

• Current licensed land valuers are affected by the register requirements (regulation 6) and the duty to notify changes within one month (regulation 7). They are also affected by fees for renewals and late renewals (regulation 4; Schedule 1), and by the prescribed licence term of three years (regulation 4A).
• Prospective licensees are constrained by the prescribed qualifications listed in regulation 8 and Schedule 1A. Only those with degrees or diplomas listed in Schedule 1A (or the specified RICS memberships) are prescribed for the purposes of Act s. 19(c). The list names specific institutions and award titles; applicants with other qualifications must rely on whatever alternative pathways the Act provides (the Regulations do not add any other awards) or seek recognition by other means under the Act.

The Commissioner and Departmental officers

• The Commissioner (as defined in the Fair Trading Act 2010 per regulation 2) carries primary administrative responsibility: maintaining the register (regulation 6), receiving notifications and recovery of fees (regulation 9), appointing authorised or approved officers to issue infringement notices and issuing identity to them (regulation 10(3)-(4)), and using the prescribed forms (regulation 11; Schedule 3). The Commissioner thereby decides who enforces minor breaches and how infringement notices are managed.

Authorised/Approved officers

• Persons or classes appointed under regulation 10(3) may issue infringement notices and must be issued identification (regulation 10(4)). The Regulations do not limit appointment to departmental staff, permitting the Commissioner to designate persons or classes as authorised officers.

Employers, firms and public service departments

• The register requires recording of a licensee’s company or firm where the licensee is a director, partner or employee, and requires recording of department or statutory authority where the licensee is employed in public service or Crown bodies (regulation 6(b)-(d)). Employers will be identifiable on the public or administrative register and may therefore be affected by disclosure.

Consumers and third parties

• Although the Regulations are administrative, Schedule 2 prescribes offences that protect the public from unlicensed practice and false claims to licensing. The modified penalties for those offences (Schedule 2) provide a streamlined enforcement path for consumer-facing breaches (e.g. an unlicensed person carrying on business as a land valuer, s. 23(1) listed in Schedule 2).

Education providers and professional bodies

• Universities, TAFE and other listed institutions in Schedule 1A gain a direct, concentrated benefit since having their award listed is a mechanical route to satisfying one of the Act’s qualification criteria. The Royal Institution of Chartered Surveyors members holding certain charters are similarly advantaged by inclusion under regulation 8(c)-(e). Providers not listed do not get the same prescriptive recognition and may need to seek alternative recognition pathways for graduates.

Legal practitioners and enforcement agencies

• Lawyers engaged in recovery of fees or defence/prosecution of licensing offences are affected by the Regulations’ recovery provisions (regulation 9), the availability of infringement notices (regulation 10; Schedule 2), and the formal forms and procedures in Schedule 3.

Taxpayers and State administration

• Fees collected under Schedule 1 become debts due to the Crown and may be recovered by the Commissioner (regulation 9). The regime therefore channels compliance costs and some revenue collection into Crown recovery processes.

In short, the Regulations concentrate benefits in those who hold prescribed qualifications and in the Commissioner’s administrative apparatus, while imposing recurring compliance duties and fees on licensees and prospective licensees. The mechanisms that create those effects are explicit: a list of recognised awards (regulation 8; Schedule 1A), a prescribed licence period and fee schedule (regulation 4; regulation 4A; Schedule 1), mandatory register particulars (regulation 6) and a one‑month notification duty (regulation 7).

This section sets out the primary legal obligations the Regulations place on regulated persons and the principal administrative rights and powers the Commissioner and authorised officers hold.

Duties imposed on licensees and applicants

• Qualification proof: Applicants must rely on the awards and memberships prescribed in regulation 8 and Schedule 1A to satisfy Act s. 19(c) when seeking a licence (regulation 8). The onus is therefore on applicants to demonstrate they hold a recognised degree, diploma or RICS membership listed in regulation 8 and Schedule 1A.
• Fee payment: Applicants and licensees must pay the fees set out in Schedule 1 for grant, renewal and duplicate licences (regulation 4(1); Schedule 1 items 1-3). A late renewal attracts an additional late fee equal to one quarter of the renewal fee (regulation 4(2)).
• Notification of changes: Licensees must notify the Commissioner in writing, within one month, of any change of circumstance relative to the information kept in the register (regulation 7). Failure to notify attracts a penalty (regulation 7) and is an offence for which an infringement notice may be issued (Schedule 2).
• Compliance with the Act’s other prohibitions and obligations: While the Regulations do not set out the Act’s full licencing obligations, they render certain Act offences amenable to infringement notice enforcement (Schedule 2 lists s. 23(1), s. 24 and s. 25(3)). Licensees and persons carrying on business as valuers therefore have an ongoing duty to comply with the Act’s substantive prohibitions referenced in Schedule 2.

Powers and duties of the Commissioner

• Register maintenance: The Commissioner must keep a register of licensees and record the specific particulars listed in regulation 6(a)-(g). That is an affirmative administrative duty to compile identity and business/employment particulars and to record licence status events such as surrender, expiry, suspension or cancellation.
• Appointment and authorisation: The Commissioner may appoint persons or classes of persons as authorised officers or approved officers for the purposes of issuing infringement notices under the Criminal Procedure Act 2004, and must issue identification (regulation 10(3)-(4)).
• Recovery and litigation: The Commissioner may sue to recover fees and costs that are debts due to the Crown (regulation 9(1)). Regulation 9(2) also contemplates recovery by parties who are ordered costs by courts.

Powers of authorised/approved officers

• Issue infringement notices: Appointed authorised officers may issue infringement notices for the offences listed in Schedule 2 under the Criminal Procedure Act 2004 (regulation 10(1), (3)). The form and content of notices are prescribed in Schedule 3 Form 1.

Rights and procedural mechanisms for alleged offenders

• Payment to avoid prosecution: Form 1 (Schedule 3) gives the alleged offender the right to pay the modified penalty within 28 days to avoid prosecution, or alternatively to elect to have the matter prosecuted by marking the form and returning it (Schedule 3 Form 1).
• Withdrawal and refund: If an infringement notice is withdrawn, Form 2 prescribes the withdrawal process and a right to a refund where payment has been made (Schedule 3 Form 2).

Enforcement and recovery mechanisms

• Infringement pathway versus prosecution: The Regulations create a dual pathway: certain offences may be disposed of by paying a modified penalty (Schedule 2; Schedule 3 Form 1) or by prosecution in court. The Commissioner’s authorised officers administer the infringement notice pathway (regulation 10).
• Recovery of fees and costs as debts: Fees prescribed by the Regulations and costs ordered in proceedings are debts due to the Crown and may be recovered in court (regulation 9(1)-(2)). That creates a formal civil recovery route in addition to criminal or administrative sanctioning.

Limits and cross-references

• The Regulations refer to the definitions and enforcement frameworks contained in other statutes: Commissioner is defined by reference to the Fair Trading Act 2010 (regulation 2), infringement notice procedures must be used under the Criminal Procedure Act 2004 (regulation 10(1)) and enforcement consequences reference the Fines, Penalties and Infringement Notices Enforcement Act 1994 (Schedule 3 Form 1). Rights and duties therefore intersect with rights, remedies and procedures in those statutes.

These duties and rights create clear compliance touchpoints: maintain qualifying credentials recognised in Schedule 1A (regulation 8), pay prescribed fees on time (regulation 4; Schedule 1), keep register particulars current with one month’s notice (regulation 7; regulation 6), and respond promptly to any infringement notice following the procedures in Schedule 3.

The Regulations set out both monetary fees and criminal/infringement sanctions, and create an administrative enforcement pathway via authorised officers and prescribed forms.

Monetary penalties and modified penalties

• Schedule 2 prescribes modified penalties for several offences. The modified penalties listed are:

  • s. 23(1) Land Valuers Licensing Act 1978 , Unlicensed person on business as land valuer: modified penalty $100.
  • s. 24 Land Valuers Licensing Act 1978 , Unlicensed person claiming to be licensed: modified penalty $100.
  • s. 25(3) Land Valuers Licensing Act 1978 , Demanding or receiving remuneration in excess of permitted amount: modified penalty $100.
  • r. 7 Land Valuers Licensing Regulations 1979 , Failing to notify Commissioner of change of particulars: modified penalty $20. (Schedule 2)

• Regulation 7 itself prescribes a penalty of $100 for failing to notify the Commissioner of a change of particulars. That figure, as a regulatory penalty, coexists with the modified penalty table in Schedule 2 which sets the infringement (on-the-spot or notice) amount at $20 for r. 7. The two regimes operate in parallel: the regulation sets the penalty amount in the substantive regulation, and Schedule 2 enables dealing with that breach by infringement notice at a specified reduced amount (regulation 7; Schedule 2).

Infringement notices and issuing officers

• Regulation 10(1) declares that the offences in Schedule 2 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004. Regulation 10(2) states that the modified penalty in Schedule 2 is the modified penalty for the purposes of s. 5(3) of the Criminal Procedure Act 2004.
• Regulation 10(3) authorises the Commissioner to appoint authorised or approved officers in writing for the purposes of Part 2 of the Criminal Procedure Act 2004. Regulation 10(4) requires the Commissioner to issue each authorised officer a certificate, badge or identity card identifying them as authorised to issue infringement notices.

Procedures and forms

• Regulation 11 prescribes the forms set out in Schedule 3. Schedule 3 Form 1 is the Infringement Notice and sets an obligation on the alleged offender to pay the modified penalty within 28 days to avoid prosecution, and identifies enforcement possibilities under the Fines, Penalties and Infringement Notices Enforcement Act 1994 if unpaid (Schedule 3 Form 1).
• The Form details how payments are to be made (postal address and in-person cashier locations are provided or placeholders for street address), and provides an option to elect court prosecution by signing the form and returning it within 28 days (Schedule 3 Form 1). Form 2 is the prescribed withdrawal form and provides for refund instructions where a paid infringement notice is withdrawn (Schedule 3 Form 2).

Recovery of fees and court action

• Regulation 9(1) makes prescribed fees and costs ordered to be paid to the Commissioner a debt due to the Crown and subject to recovery by the Commissioner in any court of competent jurisdiction. Regulation 9(2) similarly provides that costs ordered in favour of a person (other than the Commissioner) are a debt due to that person by the person ordered to pay and may be recovered in any court of competent jurisdiction.

Enforcement consequences referenced in forms

• Schedule 3 Form 1 warns that if the modified penalty is not paid within 28 days, the alleged offender may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994, and lists potential measures that may be applied under that Act (suspension or cancellation of driver or vehicle licences, immobilisation or removal of number plates, publication of details, garnishment of bank accounts or earnings, seizure and sale of property) (Schedule 3 Form 1).

Practical enforcement architecture and discretion

• The Commissioner determines who may issue infringement notices by written appointment (regulation 10(3)), which concentrates operational discretion in the Commissioner’s hands. The modified penalties set in Schedule 2 create a spectrum where minor compliance failures can be resolved administratively (paying a reduced penalty) and more serious or contested matters can proceed to court. The availability of civil debt recovery for unpaid fees and ordered costs creates a separate enforcement lever outside the criminal/infringement track (regulation 9).

In practical terms the Regulations establish a two-track enforcement model: an administrative, low-cost infringement notice procedure for certain listed offences with prescribed modified penalties (regulation 10; Schedule 2; Schedule 3), and the ability to pursue unpaid fees, ordered costs or non-resolved offences through court action with associated recovery powers (regulation 9; Schedule 3 Form 1).

The Regulations explicitly cross‑refer to and depend on provisions of the Act and several other statutes for definitions, enforcement mechanisms and procedural consequences. These interlocks shape how the regime functions in practice.

Dependence on the Land Valuers Licensing Act 1978

• The Regulations operate as subordinate instruments to the Land Valuers Licensing Act 1978. They repeatedly reference specific sections of the Act: section 19(c) regarding qualifications, sections 21 and 22 re licensing periods and renewals (regulation 4A), section 23(1), section 24 and section 25(3) as offences identified for infringement notices (Schedule 2), and section 29 regarding the register (regulation 6). The Regulations therefore do not duplicate the Act’s substantive licensing criteria or enforcement elements; they provide administrative detail that interfaces with those Act provisions.

Reference to the Fair Trading Act 2010

• Regulation 2 defines Commissioner by reference to the Fair Trading Act 2010, stating “Commissioner has the same meaning as it has in the Fair Trading Act 2010” (regulation 2). That means responsibilities attributed to the Commissioner (register management, appointment of authorised officers, recovery actions) are performed by the office-holder as defined under the Fair Trading Act, and any procedural or staffing arrangements provided for in that Act may be relevant to how powers are exercised.

Use of the Criminal Procedure Act 2004 for infringement notices

• Regulation 10(1) expressly makes selected offences in Schedule 2 offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004, and regulation 10(2) ties the modified penalties to s. 5(3) of that Act. The practical consequence is that the Criminal Procedure Act’s procedural framework for infringement notices governs the issuing, withdrawal and enforcement of those notices.

Enforcement consequences under the Fines, Penalties and Infringement Notices Enforcement Act 1994

• Schedule 3 Form 1 lists enforcement actions available under the Fines, Penalties and Infringement Notices Enforcement Act 1994 if an infringement notice is not paid within 28 days (Schedule 3 Form 1). These include licence suspensions, publication, garnishment and property seizure and sale. The Regulations thus rely on the FPIN Enforcement Act for collection and coercive enforcement of unpaid modified penalties.

Interplay with departmental fee regulations

• The Schedule 1 fees and their insertions/amendments appear frequently as parts of broader Commerce Regulations Amendment instruments (see compilation table entries for Commerce Regulations Amendment (Fees and Charges) Regulations 2016-2025). That signals that fees may be updated through omnibus fee instruments that affect multiple licences across commerce departments, and the Regulations thereby operate within a broader regulatory charging framework.

Civil recovery in courts

• Regulation 9(1)-(2) treats prescribed fees and costs ordered to be paid as debts recoverable in any court of competent jurisdiction. That cross-links to the civil procedural law of the courts and provides an avenue of enforcement outside the administrative/infringement procedures.

Practical implications of these interactions

• The Commissioner’s role, the capacity to appoint authorised officers, the form and doctrine of infringement notices, and enforcement consequences are not defined solely within these Regulations; they depend on administrative definitions in the Fair Trading Act 2010, the procedural rules in the Criminal Procedure Act 2004 and enforcement consequences under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Practitioners must therefore consult all the cited statutes when advising licence-holders or when defending or prosecuting offences that arise under the Act and these Regulations.

In sum, the Regulations are an administrative overlay that interfaces with multiple statutes to create a functioning licensing and enforcement architecture. The precise rights, defences and procedural protections available to affected persons will be shaped by those cross-referenced statutes as well as the Act itself.

The Regulations include a detailed compilation table showing their amendment history from commencement in 1979 to the latest insertions up to 2025. Key amendment milestones and the mechanical changes they introduced (as evident in the compilation entries and the marginal notes in the text) are:

• Original enactment and early amendments

  • Land Valuers Licensing Regulations 1979 (22 June 1979) established the initial regulatory framework (Compilation table).
  • Multiple amendment regulations were made through the 1980s and 1990s (1983, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1995, 1996) reflecting iterative refinements to fees, administrative details and interpretation (Compilation table entries list each instrument).

• Mid‑2000s and administrative modernisation

  • Amendments in 2002-2008 and the reprints at various dates (Reprint of the Regulations as at 31 Mar 2000; Reprint 2 as at 3 Mar 2006; Reprint 3 as at 11 Apr 2008; Reprint 4 as at 6 Jan 2012; Reprint 5 as at 22 Aug 2014) indicate successive consolidations and administrative updates (Compilation table).
  • Gazette entries in 2006 (Gazette 22 Sep 2006 p. 4118‑22) and related amendments introduced the infringement notice procedure and forms (regulations 10 and 11, Schedule 2 and Schedule 3 were inserted 22 Sep 2006) (regulation marginal notes; compilation table).

• Changes in 2010s and 2020s

  • A series of Commerce Regulations Amendment (Fees and Charges) Regulations from 2016 to 2024 adjusted fees across commerce-related instruments; these instruments are recorded in the compilation table as affecting the Regulations (Compilation table entries for 2016-2024).
  • In 2020 various amendments were made including those labelled Commerce Regulations Amendment (Infringement Notices) Regulations 2020 SL 2020/163 (commencing 29 Sep 2020) and Commerce Regulations Amendment (COVID-19 Response) Regulations (No. 2) 2020 SL 2020/196 (commencing 28 Oct 2020) (Compilation table).
  • The Commerce and Industrial Relations and Commerce Regulations Amendment instruments of 2021-2024 likewise appear in the compilation table entries indicating periodic fee and procedural adjustments (Compilation table entries 2021-2024).

• Recent targeted reform to property licensing and qualifications

  • Commerce Regulations Amendment (Property Licensing) Regulations 2023 SL 2023/131 (commenced 10 Aug 2023) inserted regulation 8 and Schedule 1A, specifying degrees and diplomas accepted for Act s. 19(c) and amending the Regulations to explicitly list a suite of degrees, diplomas and specified RICS memberships (regulation 8; Schedule 1A; compilation table entry SL 2023/131).
  • The marginal note at regulation 8 indicates "inserted: SL 2023/131 r. 4" and Schedule 1A headed as inserted SL 2023/131 r. 5.

• Latest fee schedule update

  • Schedule 1 (fees) was updated and reinserted by SL 2025/89 r. 23, with fees listed in Schedule 1 showing a grant fee of $871, renewal $854 and duplicate licence $35 (Schedule 1; compilation table entry SL 2025/89).
  • The marginal note for Schedule 1 indicates it was inserted SL 2025/89 r. 23.

Deletions and consequential amendments

• Regulation 3 and regulations 5, 5A, 4AA and other paragraphs have been deleted at various times (marginal notes indicate deletions: reg. 3 deleted Gazette 30 Jun 2011 p. 2650; regs 5 and 5A deleted Gazette 18 Nov 2014 p. 4318; reg 4AA deleted SL 2021/86 r. 40). The compilation table shows many small amending instruments which reflect iterative administrative housekeeping over the decades.

Implications for users

• The compilation table demonstrates active maintenance of fees and the list of accepted qualifications through recurring Commerce Regulations Amendment instruments and a recent specific Property Licensing instrument (SL 2023/131). Practitioners should not treat fee or qualification lists as static; the compilation table shows regular updates, including a substantial qualification list added in 2023 and a fee rework in 2025.

The compilation and marginal notes are the authoritative record of amendments to the Regulations. For precise commencement dates and the text in force at specific dates practitioners should consult the reprint or version history for the relevant instrument as cited in the compilation table.

The compiled Regulations themselves do not record any litigation history. The text of the Regulations, the schedules, and the compilation table contain no case citations, reported proceedings or judicial interpretations. The source document therefore does not identify any court decisions that interpret or challenge these Regulations.

What the source does record that is relevant to potential litigation

• Recovery proceedings: Regulation 9(1)-(2) provides that fees prescribed by the Regulations and costs ordered in proceedings are debts recoverable in any court of competent jurisdiction. That creates a clear civil route for recovery which could generate litigation if defendants resist payment. The Regulations therefore foresee court involvement in debt recovery, but they do not provide examples or report existing cases (regulation 9).
• Criminal prosecutions and infringement notices: Regulation 10 and Schedule 2 set out offences that may be pursued by infringement notice or by prosecution. Where an alleged offender elects prosecution (Schedule 3 Form 1 allows an alleged offender to elect court prosecution), proceedings would be brought in the relevant criminal jurisdiction , but the Regulations do not report any such prosecutions (regulation 10; Schedule 3 Form 1).
• Enforcement under other statutes: Schedule 3 Form 1 explicitly references enforcement action under the Fines, Penalties and Infringement Notices Enforcement Act 1994 if modified penalties are not paid. Enforcement actions under that Act can involve garnishee proceedings, property seizure and other coercive measures. The Regulations provide the enforcement pathway but do not document any litigated enforcement outcomes.

Why the absence of litigation records matters in practice

• The lack of recorded litigation in the Regulations means that practitioners must look beyond the instrument to case law or tribunal decisions for judicial interpretation of issues such as the ambit of the qualification list under reg 8, the interplay between the regulatory penalty and the modified penalty for r. 7, or the scope of any discretion exercised by the Commissioner when appointing authorised officers (regulation 10). Because the Regulations cross‑refer to other statutes (for example, the Fair Trading Act 2010 and the Criminal Procedure Act 2004), litigation that affects enforcement practice may arise under those Acts rather than within disputes nominally framed under these Regulations.

Practical courtroom pathways

• Potential litigation pathways traceable from the Regulations include civil recovery actions to enforce unpaid fees or ordered costs (regulation 9), criminal or summary proceedings for alleged offences under the Act that are listed in Schedule 2 (s. 23(1), s. 24, s. 25(3)), and appeals or judicial review relating to administrative decisions by the Commissioner (for example, decisions to refuse or cancel a licence under the Act, though the Act governs those substantive decisions , the Regulations supply procedural elements such as fees and register particulars that may play into judicial review grounds).

In short, the Regulations do not themselves record any litigation history. The instrument creates multiple conduits that can result in court proceedings (debt recovery, prosecution, enforcement), but for doctrines, precedents and litigated interpretation practitioners must search court and tribunal databases and decisions under the Act and the cross-referenced statutes.

There are a number of practical traps and points of confusion that arise directly from the Regulations’ text and drafting which advisers and compliance officers should note.

Dual penalty signals for regulation 7

• Regulation 7 prescribes a penalty of $100 for failing to notify the Commissioner of changed particulars within one month. Schedule 2 treats r. 7 as an offence for which an infringement notice may be issued with a modified penalty of $20 (regulation 7; Schedule 2). Practitioners should not assume that the higher figure in regulation 7 is the sum that will be imposed in practice via the infringement regime; the administrative path (infringement notice) uses the modified penalty in Schedule 2. However the regulation’s substantive penalty remains $100 and could be relevant if the matter proceeds to prosecution. The practical gotcha is the coexistence of a statutory penalty and a lower infringement amount; that matters for enforcement strategy and cost exposure.

Qualification list specificity and its limits

• Regulation 8 and Schedule 1A provide a prescriptive list of degrees and diplomas that satisfy Act s. 19(c). The list names specific degrees and institutions (e.g. "Curtin University Bachelor of Business (Valuation and Land Economy)", "University of Technology Sydney Bachelor of Property Economics" etc.). The gotcha is that similar degrees with slightly different titles, or degrees from unlisted institutions, are not automatically prescribed by the Regulations. The Regulations do not disclose an internal process for recognising equivalent qualifications; therefore applicants with non‑listed but substantially equivalent awards need to rely on whatever discretion the Act provides beyond regulation 8. In short, there is no automatic “equivalence” clause in the Regulations; the list is literal.

Temporal limitation for one RICS category

• Regulation 8(d) accepts membership of the Royal Institution of Chartered Surveyors as a Chartered General Practice Surveyor only if obtained before 1 January 2000. That temporal limitation is a discrete gotcha: a general practice charter after that date is not prescribed by the Regulations, even though other RICS memberships are accepted (regulation 8(c), (d), (e)). Practitioners should confirm the vintage of any RICS membership documentary evidence.

Renewal timing and late fee arithmetic

• Regulation 4A prescribes the licence and further periods as three years. Regulation 4(2) imposes a late renewal fee equal to 25% of the fee specified in item 2 of Schedule 1 (item 2 being the renewal fee). Given Schedule 1 item 2 is $854, the late fee is $213.50 (25% of $854). The gotcha is the arithmetic and when it is triggered: the regulation states the late fee is payable "if a licence is renewed ... after the day on which the licence expired" (regulation 4(2)). Practitioners must confirm the expiry date and the date of renewal to avoid unexpectedly incurring the calculated surcharge.

Small but non-trivial fees may accumulate

• The Schedule 1 grant and renewal fees ($871 and $854 respectively) may look modest compared with some professional licences, but they recur every three years and interact with other compliance costs (continuing professional development if required by other rules, professional indemnity insurance, administrative costs to maintain register particulars). The Regulations do not themselves require CPD or insurance, but licensees should account for the recurring cost cadence imposed by Schedule 1 and the three-year cycle in regulation 4A.

Formalities on infringement notices

• The prescribed Form 1 requires certain payment methods and a 28-day window (Schedule 3 Form 1). The form identifies “Approved Officer , Land Valuers Licensing Act 1978 Department of Commerce , Consumer Protection Locked Bag 14 Cloisters Square Perth WA 6850” as the payee address and directs in-person payment to the Department cashier (Schedule 3 Form 1). Failure to follow the prescribed form steps may complicate an appeal or a defense. Additionally the Form warns of enforcement measures under the Fines, Penalties and Infringement Notices Enforcement Act 1994; those measures are significant and not limited to fines.

Recovery of fees as debts due to the Crown

• Regulation 9 declares fees and costs recoverable as debts due to the Crown and enforceable in any court of competent jurisdiction (regulation 9(1)-(2)). The consequence: unpaid fees are not merely administrative slippage; they constitute recoverable debts that can trigger civil enforcement procedures. The gotcha is that administrative non-payment may have serious legal and financial downstream consequences.

Register content and privacy considerations

• Regulation 6 requires recording of detailed particulars including employer or firm particulars if the licensee is employed by a company, firm or public service department (regulation 6(b)-(d)). For licensees who change employers or have multiple business addresses, the one-month notification window in regulation 7 applies. The practical issue is ensuring personal data is updated in the register in a timely fashion to avoid non-compliance; it may also raise privacy and data-management considerations for employers and licensees, especially where personal or sensitive data is concerned.

Interconnected statute dependencies

• The Regulations import definitions and enforcement frameworks from other Acts (regulation 2; regulation 10; Schedule 3 Form 1). A gotcha is assuming the Regulations are self-contained. In practice, rights and remedies may depend on provisions in the Fair Trading Act 2010, the Criminal Procedure Act 2004 and the Fines, Penalties and Infringement Notices Enforcement Act 1994. Advice must therefore cross-check those statutes to capture the whole legal picture.

Amendment volatility

• The compilation table shows frequent fee and procedural amendments via Commerce Regulations Amendment instruments, and a significant insertion of a qualification list in SL 2023/131 with fees updated as recently as SL 2025/89 (Compilation table). Practitioners should not assume the Schedule 1 fee numbers or Schedule 1A qualification listings are static; confirm the current reprint or version to ensure compliance.

These gotchas flow from the Regulations’ drafting choices: literal lists, cross-references to other statutes, dual penalty presentation, and small administrative deadlines that can have outsized enforcement consequences. Each is grounded in a specific provision: reg 7 and Schedule 2 (dual penalties), reg 8 and Schedule 1A (prescribed qualifications), reg 4 and Schedule 1 (fees and late fee formula), regulation 4A (periodicity), regulation 9 (debt recovery) and Schedule 3 Form 1 (infringement procedures).

This practical checklist maps the Regulations’ requirements into concrete steps and evidential practices for licensees, applicants and appointed officers. Each recommendation references the relevant regulatory provision.

1. Verify qualifications before applying

• Consult regulation 8 and Schedule 1A to confirm the applicant’s degree, diploma or RICS membership is listed as prescribed for Act s. 19(c) (regulation 8; Schedule 1A). If the award title differs even slightly from the listed wording, obtain formal academic transcripts and an authoritative statement from the awarding institution and consider seeking confirmation from the Commissioner or legal advice on alternative recognition under the Act.

2. Budget and pay the correct fees at the correct times

• On grant, pay the grant fee shown in Schedule 1 item 1 ($871 as at Schedule 1 insertion SL 2025/89) (regulation 4(1); Schedule 1).
• For renewals, plan on paying the renewal fee in Schedule 1 item 2 ($854) and note the licence period is three years (regulation 4A(1); Schedule 1). If renewal occurs after the day on which the licence expired, include the calculated late fee equal to one quarter of the renewal fee (regulation 4(2); Schedule 1 item 2) , that is, 25% of the renewal fee.
• Keep fee receipts and records of payment; unpaid fees become debts due to the Crown and are recoverable (regulation 9(1)).

3. Maintain register particulars and observe the one month notification duty

• Record-keeping: ensure the identity, business name, place(s) of business, employer company/firm name and address, or public service/Crown employer details are accurate for filing to the Commissioner (regulation 6(a)-(d)).
• Notification: if any recorded particular changes, notify the Commissioner in writing within one month (regulation 7). Keep evidence of the date of notification (eg. registered post receipts or email with timestamp where the Commissioner accepts electronic notices). The failure to notify is an offence; be aware of the distinction between the regulation’s penalty and the infringement notice modified penalty (regulation 7; Schedule 2).

4. Understand and manage infringement notices

• If issued with an infringement notice under Schedule 3 Form 1, act within the 28-day window: either pay the modified penalty (amount in Schedule 2 against the offence) to avoid prosecution, or elect prosecution by signing and returning the form (Schedule 3 Form 1). Keep records of payment and of any correspondence with the issuing officer.
• If an infringement notice has been withdrawn, follow Form 2 instructions to claim any refund (Schedule 3 Form 2).

5. Keep documentary proof of professional memberships and award dates

• For RICS memberships and other professional qualifications listed in regulation 8, maintain certified copies of membership certificates and evidence of the date the membership was conferred (regulation 8). The RICS Chartered General Practice Surveyor acceptance is time-limited to memberships obtained before 1 January 2000; ensure documentary proof of the date is available (regulation 8(d)).

6. Prepare for authorised officer interactions

• If appointed, authorised officers must be issued with identification by the Commissioner (regulation 10(4)). If you interact with an officer issuing an infringement notice, request to see the identity card or certificate that identifies the person as authorised under regulation 10(4) and take a contemporaneous record of the encounter (office stamp, name, signature, date, time).

7. Maintain corporate and employment records

• Because the register requires employer or firm particulars where applicable (regulation 6(b)-(d)), employers should retain records that confirm the employment relationship, director or partner status, and places of business to assist employees in complying with the one month notification duty.

8. Treat unpaid fees as recoverable debts

• Understand that fees and costs ordered to be paid are recoverable as debts to the Crown (regulation 9). Keep watch for recovery communications and engage counsel early if there is a dispute about fee liability to avoid escalation into garnishee or property seizure procedures referenced in Schedule 3 Form 1.

9. Monitor legislative updates and reprints

• The compilation table shows frequent amendments to fees and qualifications via Commerce Regulations Amendment and property licensing instruments (Compilation table entries; for example SL 2023/131 and SL 2025/89). Practitioners should check the current reprint on the State law publisher site or subscribe for legislative updates so that fee amounts and qualification lists are current at the time of application or renewal.

10. Treat the Regulations as part of a multi‑statute compliance environment

• Because the Regulations import definitions and enforcement frameworks from the Fair Trading Act 2010, the Criminal Procedure Act 2004 and the Fines, Penalties and Infringement Notices Enforcement Act 1994, compliance programmes should include cross-checking those Acts for procedural rights, appeal routes and enforcement consequences (regulation 2; regulation 10; Schedule 3 Form 1).

11. Record retention and audit readiness

• Keep evidence of all notifications to the Commissioner, application documents, qualification certificates, payment receipts, and correspondence relating to licence surrender, suspension, cancellation or expiry, because regulation 6 requires particulars of such events to be recorded in the Commissioner’s register and regulation 9 contemplates recovery actions where fees are unpaid.

12. Seek administrative clarification where the Regulations are silent

• For matters the Regulations do not explicitly prescribe (for example, equivalence procedures for unlisted qualifications, or detailed procedural steps by the Commissioner in relation to appointments of authorised officers), obtain written administrative guidance from the Commissioner’s office or legal advice. The Regulations provide the mechanical framework; the Commissioner’s practice will determine day-to-day application.

Following these steps maps the regulatory obligations into practical compliance tasks tied to specific provisions (regulation 8; regulation 4; regulation 4A; regulation 6; regulation 7; regulation 9; regulation 10; regulation 11; Schedule 1; Schedule 1A; Schedule 2; Schedule 3). Record-keeping, timely payments, documentary proof of qualifications and prompt notification are the pillars of routine compliance under these Regulations.