Sch 1Qualifications for grant of licence and related matters

Schedule 1 — Qualifications for grant of licence and related matters [s. 27] [Heading inserted: No. 23 of 2014 s. 83(1).] [Division heading deleted: No. 23 of 2014 s. 83(2).] 1. Qualifications A person — (a) who has passed, subject to approved exemptions, the prescribed examinations relating to the carrying on and conduct of the business of an agent and the duties and liabilities of an agent and has had sufficient practical experience in negotiating transactions to enable him to carry on the business of an agent satisfactorily; or (b) who has, within the period of 5 years immediately preceding the application — (i) held a licence, other than a licence held because the person was qualified only under paragraph (c) or (d), under this Act for at least 2 years; and (ii) acted in the State as, and carried out the functions of, an agent for a period of at least 2 years, whether on the person’s own behalf or on behalf of a firm or body corporate; or (ba) who has, within the period of 5 years immediately preceding the application — (i) held for a period of at least 2 years a licence or similar authority under an approved corresponding enactment of a State or Territory to act as an agent or the approved equivalent, other than under a licence or authority held under that enactment only because the person was qualified under an equivalent provision in the enactment to paragraph (c) or (d); and (ii) acted as, and carried out the functions of, an agent or the approved equivalent for a period of at least 2 years in the State or Territory in which the licence or authority was held, whether on the person’s own behalf or on behalf of a firm or body corporate; or (c) who is an executor, administrator, or trustee of a deceased licensee and his application is for the purpose of performing functions, exercising powers, or carrying out duties as such; or (d) who is a spouse or child of a deceased or incapacitated licensee, or a de facto partner of such a licensee (and has been for not less than 2 years immediately before the death or incapacity of the licensee), and is seeking a licence to conduct the business of that licensee until other arrangements can be made for the lawful conduct thereof but not for any period exceeding 3 years, is, subject to this Act, qualified for the grant of a licence. [Clause 1 amended: No. 74 of 1980 s. 13(a); No. 28 of 2003 s. 177(1); No. 19 of 2010 s. 51; No. 25 of 2019 s. 61.] 2. Sufficient practical experience defined For the purposes of clause 1(a), but without limiting the generality of the provision in that paragraph in respect of practical experience, a person has had sufficient practical experience in negotiating transactions if he has, during a period of 2 years immediately preceding his application for a licence — (a) lawfully and satisfactorily performed the functions of a sales representative on behalf of a person who lawfully carried out the functions of an agent, during that period or on behalf of a firm which did so; or (b) lawfully and satisfactorily performed the functions of a business agent on his own behalf or on behalf of a firm, or a body corporate, which lawfully carried on the business of a business agent during that period. [Clause 2 amended: No. 19 of 2010 s. 51.] 3. Licence by reason of qualification under cl. 1(c) A licence granted to a person who is qualified under clause 1(c) shall not be effective any longer than is necessary for the licensee to perform his functions, exercise his powers, and carry out his duties as executor, administrator, or trustee of the deceased licensee. [Clause 3 amended: No. 19 of 2010 s. 51; No. 23 of 2014 s. 83(3).] 4. Licence by reason of qualification under cl. 1(d) A licence applied for by a person who is qualified under clause 1(d) is to be granted at the discretion of the Commissioner and shall be effective only for such period not exceeding 3 years as is determined by the Commissioner and no further such licence shall be granted to the same person in respect of the same circumstances. [Clause 4 amended: No. 28 of 2003 s. 177(2); No. 19 of 2010 s. 51; No. 58 of 2010 s. 134; No. 23 of 2014 s. 83(4).] 5. Dead or incapacitated licensee, conduct of business of (1) A person who is not — (a) an executor, administrator, trustee or child of a deceased licensee, or who was not the spouse or de facto partner, within the meaning of clause 1(d), of a deceased licensee immediately before the death of the licensee; or (b) in respect of an incapacitated licensee, the spouse or de facto partner of the licensee, within the meaning of clause 1(d), of the licensee, may, with the written permission of the Commissioner, conduct the business of that licensee for such period not exceeding 3 months as is specified in the written permission notwithstanding that he is not otherwise qualified to hold a licence. (2) The Commissioner shall not give his or her written permission for the purposes of subclause (1) unless — (a) the Commissioner receives an application in writing signed by the person seeking to carry on the business; and (b) the Commissioner is satisfied that the person is of good character and repute and fit to be concerned temporarily in the management and control of the deceased licensee’s business and that it is in the interests of that business that the person should be so concerned. (3) While a person carries on the business of a deceased or incapacitated licensee pursuant to this clause he is deemed to be a licensee and the holder of a current triennial certificate and the business is deemed to have carried on without interruption by reason of the death or incapacity. [Clause 5 amended: No. 28 of 2003 s. 177(3); No. 19 of 2010 s. 51; No. 58 of 2010 s. 134.] 6. Death or withdrawal of partner in firm or director of body corporate, Commissioner to be notified (1) Where a firm or body corporate is licensed and the holder of a current triennial certificate but subsequently by reason of a death or withdrawal it ceases to be qualified in terms of section 28(c) and (d) or section 29(c) and (d), the firm or body corporate shall immediately give to the Commissioner written notice to that effect, and the firm or body corporate may, on such terms as the Commissioner may notify to the firm or body corporate, carry on business for a period of 3 months after the death or withdrawal or until other arrangements are made to comply with the Act, whichever is the sooner. (2) Where a firm or body corporate carries on business pursuant to this clause the business is deemed to have been carried on by a licensee and the holder of a current triennial certificate without interruption by reason of the death or withdrawal. [Clause 6 amended: No. 74 of 1980 s. 13(c); No. 19 of 2010 s. 51; No. 58 of 2010 s. 134.] [Division 2: cl. 7, 9-12 and 15 deleted: No. 58 of 2010 s. 133; balance deleted: No. 23 of 2014 s. 83(5); Heading deleted: No. 55 of 2004 s. 1019; cl. 17‑24 deleted: No. 55 of 2004 s. 1019.] ![dline]() Notes This is a compilation of the *Real Estate and Business Agents Act 1978* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Real Estate and Business Agents Act 1978* | 72 of 1978 | 20 Oct 1978 | Act other than s. 5, 54, 55, 57‑100, 102‑131 and 135: 1 Sep 1979 (see s. 2(1) and *Gazette* 31 Aug 1979 p. 2601); s. 5: 1 Dec 1979 (see s. 2(2) and *Gazette* 31 Aug 1979 p. 2615); s. 54, 55, 57‑100, 102‑131 and 135: 1 Dec 1979 (see s. 2(1) and *Gazette* 31 Aug 1979 p. 2601) | | *Real Estate and Business Agents Act Amendment Act 1979* | 74 of 1979 | 27 Nov 1979 | 27 Nov 1979 | | *Real Estate and Business Agents Amendment Act 1980* | 74 of 1980 | 5 Dec 1980 | s. 13: 1 Dec 1980 (see s. 2(2)); Act other than s. 13: 2 Jan 1981 (see s. 2(1)) | | **Reprint of the *Real Estate and Business Agents Act 1978* approved 23 Feb 1982** (includes amendments listed above) | | | | | *Companies (Consequential Amendments) Act 1982* s. 28 | 10 of 1982 | 14 May 1982 | 1 Jul 1982 (see s. 2(1) and *Gazette* 25 Jun 1982 p. 2079) | | *Real Estate and Business Agents Amendment Act 1982* | 29 of 1982 | 27 May 1982 | 25 Jun 1982 (see s. 2 and *Gazette* 25 Jun 1982 p. 2091) | | *Real Estate and Business Agents Amendment Act 1984* | 77 of 1984 | 26 Nov 1984 | 26 Nov 1984 (see s. 2) | | *Acts Amendment (Strata Titles) Act 1985* Pt. III | 40 of 1985 | 13 May 1985 | 30 Jun 1985 (see s. 2 and *Gazette* 21 Jun 1985 p. 2188) | | **Reprint of the *Real Estate and Business Agents Act 1978* as at 7 Nov 1985** (includes amendments listed above) | | | | | *Acts Amendment (Financial Administration and Audit) Act 1985* s. 3 | 98 of 1985 | 4 Dec 1985 | 1 Jul 1986 (see s. 2 and *Gazette* 30 Jun 1986 p. 2255) | | *State Government Insurance Commission Act 1986* s. 46(2) | 51 of 1986 | 5 Aug 1986 | 1 Jan 1987 (see s. 2 and *Gazette* 19 Dec 1986 p. 4859) | | *Acts Amendment (Legal Practitioners, Costs and Taxation) Act 1987* Pt. XV | 65 of 1987 | 1 Dec 1987 | 12 Feb 1988 (see s. 2(2) and *Gazette* 12 Feb 1988 p. 397) | | *Residential Tenancies Act 1987* s. 89 | 128 of 1987 | 21 Jan 1988 | 1 Oct 1989 (see s. 2 and *Gazette* 18 Aug 1989 p. 2748) | | *Real Estate and Business Agents Amendment Act 1988* | 18 of 1988 | 9 Sep 1988 | s. 1 and 2: 9 Sep 1988; Act other than s. 1 and 2: 28 Oct 1988 (see s. 2 and *Gazette* 28 Oct 1988 p. 4327) | | *R & I Bank Act 1990* s. 45(1) | 73 of 1990 | 20 Dec 1990 | 1 Jan 1991 (see s. 2(2) and *Gazette* 28 Dec 1990 p. 6369) | | *R & I Bank Amendment Act 1994* s. 13 | 6 of 1994 | 11 Apr 1994 | 26 Apr 1994 (see s. 2(2) and *Gazette* 26 Apr 1994 p. 1743) | | *Acts Amendment (Public Sector Management) Act 1994* s. 3(2) | 32 of 1994 | 29 Jun 1994 | 1 Oct 1994 (see s. 2 and *Gazette* 30 Sep 1994 p. 4948) | | *Real Estate and Business Agents Amendment Act 1994* | 43 of 1994 | 31 Aug 1994 | Act other than s. 7 and 8(b)(i): 31 Aug 1994 (see s. 2(1)); s. 7 and 8(b)(i): 6 Oct 1994 (see s. 2(2) and *Gazette* 30 Sep 1994 p. 4947) | | *Bank of Western Australia Act 1995* s. 44(1) | 14 of 1995 | 4 Jul 1995 | 1 Dec 1995 (see s. 2(3) and 9(1) and *Gazette* 29 Nov 1995 p. 5529) | | *Business Licensing Amendment Act 1995* Pt. 8 4 | 56 of 1995 | 20 Dec 1995 | 1 Jul 1996 (see s. 2(2) and *Gazette* 1 Jul 1996 p. 3179) | | *Real Estate Legislation Amendment Act 1995* Pt. 2 5 | 59 of 1995 | 20 Dec 1995 | Pt. 2, other than s. 11: 1 Jul 1996 (see s. 2 and *Gazette* 25 Jun 1996 p. 2902 and 6 Sep 1996 p. 4405); s. 11: 5 Apr 2007 (see s. 2 and *Gazette* 30 Mar 2007 p. 1451) | | **Reprint of the *Real Estate and Business Agents Act 1978* as at 6 Sep 1996** (includes amendments listed above except those in the *Real Estate Legislation Amendment Act 1995* s. 11) (correction in *Gazette* 11 Oct 1996 p. 5396) | | | | | *Real Estate and Business Agents Amendment Act 1998* | 34 of 1998 | 6 Jul 1998 | s. 1 and 2: 6 Jul 1998; Act other than s. 1 and 2: 1 Nov 1998 (see s. 2 and *Gazette* 16 Oct 1998 p. 5729) | | *Acts Amendment and Repeal (Financial Sector Reform) Act 1999* s. 99 | 26 of 1999 | 29 Jun 1999 | 1 Jul 1999 (see s. 2(1) and *Gazette* 30 Jun 1999 p. 2905) | | *Real Estate Legislation (Fidelity Guarantee Funds) Amendment Act 2000* Pt. 2 6 | 3 of 2000 | 12 Apr 2000 | 12 Apr 2000 (see s. 2) | | **Reprint of the *Real Estate and Business Agents Act 1978* as at 9 Mar 2001** (includes amendments listed above except those in the *Real Estate Legislation Amendment Act 1995* s. 11) | | | | | *Corporations (Consequential Amendments) Act 2001* s. 220 and 222 | 10 of 2001 | 28 Jun 2001 | 15 Jul 2001 (see s. 2 and *Gazette* 29 Jun 2001 p. 3257 and Cwlth *Gazette* 13 Jul 2001 No. S285) | | *Building Societies Amendment Act 2001* s. 50 and 51 | 12 of 2001 | 13 Jul 2001 | 13 Jul 2001 (see s. 2) | | *Corporations (Consequential Amendments) Act (No. 3) 2003* Pt. 12 7 | 21 of 2003 | 23 Apr 2003 | 11 Mar 2002 (see s. 2 and Cwlth *Gazette* 24 Oct 2001 No. GN42) | | *Acts Amendment (Equality of Status) Act 2003* Pt. 51 | 28 of 2003 | 22 May 2003 | 1 Jul 2003 (see s. 2 and *Gazette* 30 Jun 2003 p. 2579) | | *Sentencing Legislation Amendment and Repeal Act 2003* s. 88 | 50 of 2003 | 9 Jul 2003 | 15May 2004 (see s. 2 and *Gazette* 14 May 2004 p. 1445) | | *Acts Amendment and Repeal (Courts and Legal Practice) Act 2003* s. 59 | 65 of 2003 | 4 Dec 2003 | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5722) | | *Statutes (Repeals and Minor Amendments) Act 2003* s. 101 | 74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) | | *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) | | *State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004* Pt. 2 Div. 112 8 | 55 of 2004 | 24 Nov 2004 | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7130) | | *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004* s. 80 and 82 | 84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129 (correction in *Gazette* 7 Jan 2005 p. 53)) | | **Reprint 5: The *Real Estate and Business Agents Act 1978* as at 8 Apr 2005** (includes amendments listed above except those in the *Real Estate Legislation Amendment Act 1995* s. 11, *Courts Legislation Amendment and Repeal Act 2004* and the *Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004*) | | | | | *Housing Societies Repeal Act 2005* s. 29 | 17 of 2005 | 5 Oct 2005 | 10 Jul 2010 (see s. 2(3) and *Gazette* 9 Jul 2010 p. 3239) | | *Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005* s. 63 | 24 of 2005 | 2 Dec 2005 | 1 Jan 2006 (see s. 2(1) and *Gazette* 23 Dec 2005 p. 6244) | | *Machinery of Government (Miscellaneous Amendments) Act 2006* Pt. 4 Div. 19 | 28 of 2006 | 26 Jun 2006 | 1 Jul 2006 (see s. 2 and *Gazette* 27 Jun 2006 p. 2347) | | *Consumer Protection Legislation Amendment and Repeal Act 2006* Pt. 8 | 69 of 2006 | 13 Dec 2006 | 25 Jul 2007 (see s. 2 and *Gazette* 24 Jul 2007 p. 3657) | | *Financial Legislation Amendment and Repeal Act 2006* Sch. 1 cl. 147 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) | | **Reprint 6: The *Real Estate and Business Agents Act 1978* as at 24 Aug 2007** (includes amendments listed above except those in the *Housing Societies Repeal Act 2005*) | | | | | *Duties Legislation Amendment Act 2008* Sch. 1 cl. 32 | 12 of 2008 | 14 Apr 2008 | 1 Jul 2008 (see s. 2(d)) | | *Legal Profession Act 2008* s. 696 | 21 of 2008 | 27 May 2008 | 1 Mar 2009 (see s. 2(b) and *Gazette* 27 Feb 2009 p. 511) | | *Acts Amendment (Bankruptcy) Act 2009* s. 74 | 18 of 2009 | 16 Sep 2009 | 17 Sep 2009 (see s. 2(b)) | | *Standardisation of Formatting Act 2010* s. 28 and 51 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | | *Public Sector Reform Act 2010* s. 89 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) | | *Acts Amendment (Fair Trading) Act 2010* Pt. 6 | 58 of 2010 | 8 Dec 2010 | 1 Jul 2011 (see s. 2(c) and *Gazette* 7 Jun 2011 p. 2057) | | *Statutes (Repeals and Minor Amendments) Act 2011* s. 25 | 47 of 2011 | 25 Oct 2011 | 26 Oct 2011 (see s. 2(b)) | | **Reprint 7: The *Real Estate and Business Agents Act 1978* as at 18 Nov 2011** (includes amendments listed above) | | | | | *Consumer Protection Legislation Amendment Act 2014* Pt. 10 | 23 of 2014 | 9 Oct 2014 | 19 Nov 2014 (see s. 2(b) and *Gazette* 18 Nov 2014 p. 4315) | | *Licensing Provisions Amendment Act 2016* Pt. 7 | 44 of 2016 | 1 Dec 2016 | 1 Jul 2017 (see s. 2(b) and *Gazette* 30 Jun 2017 p. 3551) | | *Strata Titles Amendment Act 2018* Pt. 3 Div. 17 | 30 of 2018 | 19 Nov 2018 | 1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2) | | *Community Titles Act 2018* Pt. 14 Div. 17 | 32 of 2018 | 19 Nov 2018 | 30 Jun 2021 (see s. 2(b) and SL 2021/69 cl. 2) | | *Consumer Protection Legislation Amendment Act 2019* Pt. 8 | 25 of 2019 | 24 Oct 2019 | 1 Jan 2020 (see s. 2(b) and *Gazette* 24 Dec 2019 p. 4415) | | *COVID‑19 Response and Economic Recovery Omnibus Act 2020* s. 101 | 34 of 2020 | 11 Sep 2020 | 12 Sep 2020 (see s. 2(b)) | | *Mutual Recognition (Western Australia) Amendment Act 2022* Pt. 3 Div. 11 | 7 of 2022 | 29 Mar 2022 | 1 Jul 2022 (see s. 2(b) and SL 2022/80 cl. 2) | | *Legal Profession Uniform Law Application Act 2022* s. 424 | 9 of 2022 | 14 Apr 2022 | 1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | Other notes