Real Estate and Business Agents (General) Regulations 1979

CrestWestern Australia

Real Estate and Business Agents Act 1978

Real Estate and Business Agents (General) Regulations 1979

Western Australia

Real Estate and Business Agents (General) Regulations 1979

Contents

Part 1 — Preliminary

1. Citation 1

2. Terms used 1

3A. Prescribed duty (Act s. 4(4)(d)) 4

Part 2 — Fees

4. Fees (Sch. 1) 5

4A. Holding fee 5

Part 3 — Educational requirements

4AA. Educational requirements (Act s. 40B and 50C) 7

4AB. Exemption from educational requirements 8

4AC. CPD points 10

4AE. Approval of CPD providers 10

4AF. Approval of CPD topics 11

4AG. Mandatory CPD topic for CPD year 11

4AH. CPD content 12

4AI. CPD records: providers 12

4AJ. CPD records: regulated persons 13

Part 4 — Licensing of agents and registration of sales representatives

4B. Prescribed periods (Act s. 48(1), (2) and 49(2)) 15

6. Prescribed examinations for licence applicants (Act Sch. 1 cl. 1(a)) 15

6A. Prescribed qualifications for certificate applicants (Act s. 47(2)) 20

6B. Certificate of registration, grant of (Act s. 47) 22

Part 5 — General controls

6BA. Appointment to act as agent, content of 24

6BB. Prescribed transaction 25

Part 6 — Agents’ trust accounts

6C. Authorised financial institution (Act s. 67), classes of body prescribed 26

6D. Trust accounts, designation of (Act s. 68(1)) 26

6E. Separate trust accounts, requests for, requirements prescribed (Act s. 68A(4)) 27

6F. Trust accounts, interest on (Act s. 68B(1)) 27

6G. Receipts by agents, information in (Act s. 69(1)(a)) 28

6H. Record keeping requirements (Act s. 69(2)) 28

Part 7 — Miscellaneous

7. Registers (Act s. 133(2)) 30

7AA. Lending institution (Act s. 131A), classes of body prescribed 32

7B. Maximum amount prescribed (Act s. 131M(3)) 32

8. Changes in particulars, licensees to notify Commissioner of 32

9. Fees and costs, recovery of 33

10. Unsuccessful applicant for licence etc., refund to (Act s. 113) 33

11. Real Estate and Business Agents Interest Account, application of (Act s. 127) 34

12. Fidelity Guarantee Account, claims against 34

13. Codes of conduct prescribed to be published (Act s. 101) 35

14. Infringement notices 35

15. Forms (Sch. 2) 35

Part 8 — Transitional provisions

16. Transitional regulation for Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2020 36

17. Transitional regulation for Real Estate and Business Agents (General) Amendment Regulations 2024 36

18. Transitional regulation for Commerce Regulations Amendment (Real Estate, Business and Settlement Agents) Regulations 2025 37

Schedule 1 — Fees

Schedule 2 — Forms

Schedule 3 — Prescribed offences and modified penalties

Notes

Compilation table 46

Other notes 54

Defined terms

Real Estate and Business Agents Act 1978

Real Estate and Business Agents (General) Regulations 1979

Part 1 — Preliminary

[Heading inserted: SL 2025/194 r. 4.]

1. Citation

These regulations may be cited as the Real Estate and Business Agents (General) Regulations 1979.

2. Terms used

(1) In these regulations —

approved CPD provider means a person who holds an approval granted under regulation 4AE that is in effect;

approved CPD topic means a topic listed in a notice under regulation 4AF(1);

Commissioner’s website means a website maintained by or on behalf of —

(a) the Commissioner; or

(b) if there is no website maintained by, or on behalf of the Commissioner — the department;

CPD activity means an educational activity that —

(a) is provided by an approved CPD provider; and

(b) relates to an approved CPD topic; and

(c) meets the requirements of regulation 4AH;

CPD subject means any of the following subjects —

(a) ethics or professional responsibility;

(b) professional skills;

(c) legal requirements;

CPD year means a year beginning on 1 April and ending on 31 March;

educational activity —

(a) means an activity that is —

(i) delivered in person, electronically or by audio or audiovisual means; or

(ii) a recording;

and

(b) includes —

(i) a course of study; and

(ii) the successful completion of any assessment required by the activity;

mandatory CPD topic, for a regulated person and a CPD year, means an approved CPD topic specified by the Commissioner under regulation 4AG as a mandatory CPD topic for the regulated person for the CPD year;

point has the meaning given in regulation 4AC(1);

point value, in relation to a CPD activity, means the number of points earned for the activity determined in accordance with regulation 4AC(1);

regulated person means a licensee who is an individual, or a sales representative;

required number of points, in relation to a mandatory CPD topic, means the number of points specified in the notice under regulation 4AG(3);

restricted certificate (property management) means a certificate of registration that is subject to a special condition restricting the sales representative to property management transactions only;

restricted certificate (sales) means a certificate of registration that is subject to a special condition restricting the sales representative to sales transactions only;

topic means a subject matter to which an educational activity relates or may relate;

unrestricted certificate means a certificate of registration that is neither a restricted certificate (property management) nor a restricted certificate (sales);

working day means a day that is not a Saturday, Sunday, public holiday or public service holiday.

(2) In these regulations a reference to the examinations required to be passed for the conferral of a particular degree or qualification is a reference to the examinations that are or were required to be passed for the conferral of that degree or qualification at any time when it is or was conferred.

(3) In these regulations a reference to a registered qualification, a training package or a module of a training package is a reference to a registered qualification, training package or module of a training package that is —

(a) recorded on the National Register on Vocational Education and Training managed by the Department of Education, Skills and Employment of the Commonwealth; and

(b) provided by a registered training provider as defined in the Vocational Education and Training Act 1996 section 5(1).

[Regulation 2 inserted: Gazette 25 Jun 1996 p. 2918; amended: Gazette 7 Feb 2003 p. 385; 28 Dec 2007 p. 6403‑4; 17 Apr 2009 p. 1319‑21; 30 Jun 2011 p. 2671; 24 Dec 2019 p. 4417-18; SL 2020/196 r. 56; SL 2020/209 r. 4; SL 2020/257 r. 4; SL 2021/86 r. 61; SL 2025/194 r. 5.]

[3. Deleted: Gazette 30 Jun 2011 p. 2669.]

3A. Prescribed duty (Act s. 4(4)(d))

For the purposes of section 4(4)(d) of the Act the prescribed duty is collecting a payment on behalf of the owner of premises from a person in respect of the right of that person to occupy the premises.

[Regulation 3A inserted: Gazette 24 Jul 2007 p. 3660.]

Part 2 — Fees

[Heading inserted: SL 2025/194 r. 6.]

4. Fees (Sch. 1)

(1) The fees set out in Schedule 1 are payable in respect of the matters prescribed in that Schedule.

(2) If a certificate of registration is renewed in accordance with section 49 of the Act after the day on which the certificate expired, a late fee equal to one quarter of the fee specified in item 9 of Schedule 1 for the renewal of the certificate is payable in addition to that specified fee.

[(3) deleted]

[Regulation 4 amended: Gazette 2 Jul 1982 p. 2334; 25 Jun 1996 p. 2924; SL 2024/96 r. 50; SL 2025/89 r. 41; SL 2025/194 r. 7.]

4A. Holding fee

(1) In this regulation —

holding fee means the fee set out in Schedule 1 item 5 and referred to in section 30(2a)(b) of the Act.

(2) The holding fee is payable —

(a) on or before the day that is 60 days after the day on which a licensee ceases to hold a current triennial certificate in respect of their licence; and

(b) subsequently at 3‑year intervals on or before the day in that year that is 30 days after the anniversary of the day on which the licensee pays the holding fee under paragraph (a).

(3) The Commissioner may refund to a licensee —

(a) two‑thirds of the holding fee paid by the licensee if the licensee is granted a triennial certificate less than one year after paying the holding fee; or

(b) one‑third of the holding fee paid by the licensee if the licensee is granted a triennial certificate one year or more, but less than 2 years, after paying the holding fee.

[Regulation 4A inserted: Gazette 25 Jun 1996 p. 2924; amended: Gazette 17 Jun 2008 p. 2558; 30 Jun 2011 p. 2671; 18 Jun 2019 p. 2110; SL 2020/257 r. 5; SL 2024/96 r. 51.]

[4AAA. Deleted: SL 2021/86 r. 62.]

Part 3 — Educational requirements

[Heading inserted: SL 2025/194 r. 8.]

4AA. Educational requirements (Act s. 40B and 50C)

(1) For the purposes of sections 40B and 50C of the Act, the educational requirements for a regulated person for a CPD year are that the person complete CPD activities that have a combined point value of at least 5 points, which must include —

(a) at least 1 point relating to each CPD subject; and

(b) if there is a mandatory CPD topic for the person for the year — at least the required number of points relating to the mandatory CPD topic.

(2) A regulated person is taken to have complied with subregulation (1) for a CPD year if the person is —

(a) a licensee to whom both of the following apply —

(i) the licensee’s licence is granted between 1 January and 31 March of the CPD year;

(ii) the licensee completes a prescribed examination for the grant of the licence in the 12 months immediately before the day on which the licence is granted;

or

(b) a sales representative whose certificate of registration is granted between 1 January and 31 March of the CPD year; or

(c) a regulated person —

(i) to whom the Commissioner grants an exemption under regulation 4AB from all or part of the education requirements for the CPD year; and

(ii) who complies with the requirements of the exemption.

(3) If a person becomes a regulated person between 1 June and 31 December in a CPD year —

(a) the combined point value of the CPD activities the person must complete during the balance of the CPD year is the value determined under the Table rather than the value that would otherwise apply under subregulation (1); and

(b) subregulation (1)(a) and (b) apply to the person in relation to the CPD year, but only to the extent that is practicable for the person to comply with the requirements of those paragraphs without needing to complete CPD activities with a combined point value that is higher than the value determined under the Table.

Table

[Regulation 4AA inserted: SL 2020/257 r. 6; amended: SL 2025/194 r. 9.]

4AB. Exemption from educational requirements

(1) A regulated person (the applicant) may apply to the Commissioner for a total or partial exemption from the education requirements under regulation 4AA(1) for a CPD year.

(2) The application for the exemption must —

(a) be made in the CPD year to which the application relates; and

(b) set out in sufficient detail —

(i) the exemption applied for, including whether the application is for a total or partial exemption; and

(ii) the basis upon which the exemption is being sought;

and

(c) be in the approved form.

[(3) deleted]

(4) The Commissioner may grant the applicant the exemption if, during the CPD year to which the application relates, the applicant —

(a) has a disability or is affected by illness or injury; or

(b) has undertaken other educational or professional activities; or

(c) would suffer undue hardship if required to comply with the educational requirements.

(5) The Commissioner may grant the exemption subject to conditions.

(6) The Commissioner must give the applicant a notice in writing setting out —

(a) the Commissioner’s decision on the application; and

(b) if the decision is to grant the exemption —

(i) whether the exemption is a total or partial exemption; and

(ii) if the exemption is a partial exemption — the educational requirements the applicant must comply with; and

(iii) any conditions to which the exemption is subject.

[Regulation 4AB inserted: SL 2020/257 r. 6; amended: SL 2025/194 r. 10.]

4AC. CPD points

(1) A regulated person earns 1 point for each hour of a CPD activity that the regulated person completes.

(2) A point is earned in relation to a CPD subject or a mandatory CPD topic if the CPD activity for which the point is earned relates to the subject or topic.

[Regulation 4AC inserted: SL 2025/194 r. 11.]

[4AD. Deleted: SL 2025/194 r. 11.]

4AE. Approval of CPD providers

(1) A person may apply, in the approved form, to the Commissioner for approval to provide CPD activities.

(2) The Commissioner may, by written notice given to the applicant —

(a) grant the approval; or

(b) refuse to grant the approval.

(3) The Commissioner may grant an approval under subregulation (2) if the Commissioner is satisfied that the applicant is qualified by practical or academic experience to provide educational activities that meet the requirements of regulation 4AH.

(4) A notice given under subregulation (2)(a) of a decision to grant an approval must specify the period during which the approval has effect (which must not be more than 3 years).

(5) A notice given under subregulation (2)(b) of a decision to refuse to grant an approval must include the reasons for the decision.

(6) The Commissioner must publish a list of approved CPD providers on the Commissioner’s website.

[Regulation 4AE inserted: SL 2025/194 r. 12.]

4AF. Approval of CPD topics

(1) The Commissioner must, by written notice, approve a list of CPD topics for regulated persons.

(2) A topic may be approved under subregulation (1) if the Commissioner considers that —

(a) the topic relates to a CPD subject; and

(b) the topic is relevant to a regulated person’s work as a licensee or sales representative; and

(c) the completion of an educational activity dealing with the topic would extend a regulated person’s knowledge and skills in an area relevant to the regulated person’s legal or professional obligations, professional skills or business needs.

(3) The notice under subregulation (1) must —

(a) specify the CPD subject to which each approved CPD topic relates; and

(b) be published on the Commissioner’s website.

[Regulation 4AF inserted: SL 2025/194 r. 13.]

4AG. Mandatory CPD topic for CPD year

(1) The Commissioner may, by written notice, specify that an approved CPD topic is a mandatory CPD topic for a CPD year for —

(a) regulated persons generally; or

(b) a specified class of regulated persons.

(2) An approved CPD topic may be specified as a mandatory CPD topic under subregulation (1) if the Commissioner considers that it is necessary or desirable for regulated persons, or regulated persons of the specified class, to extend their knowledge or skills in relation to the topic, including because there have been —

(a) legislative or regulatory changes relevant to the topic; or

(b) industry developments relevant to the topic; or

(c) instances of non‑compliance or suspected non‑compliance in connection with the topic.

(3) The notice under subregulation (1) must —

(a) specify the number of CPD points required to be earned in relation to the mandatory CPD topic; and

(b) be published on the Commissioner’s website before the beginning of the CPD year to which it relates.

[Regulation 4AG inserted: SL 2025/194 r. 13.]

4AH. CPD content

An educational activity meets the requirements of this regulation if it —

(a) is an activity of significant intellectual or practical content; and

(b) deals primarily with matters relating to a regulated person’s work of acting as a licensee or sales representative; and

(c) extends a regulated person’s knowledge and skills in areas that are relevant to the person’s legal or professional obligations, professional skills or business needs.

[Regulation 4AH inserted: SL 2025/194 r. 13.]

4AI. CPD records: providers

(1) This regulation applies if a regulated person completes a CPD activity.

(2) The approved CPD provider in relation to the activity must give the regulated person a record that confirms the person has completed the activity.

(3) The record must be given to the regulated person within 14 days after the day on which the person completes the activity.

(4) The approved CPD provider must keep a copy of the record given under subregulation (2) for a period of 4 years from the day on which the person completes the activity.

(5) The Commissioner may, by written notice, require an approved CPD provider to produce a copy of the record kept under subregulation (4).

(6) A failure of an approved CPD provider to comply with this regulation may be taken into account by the Commissioner when deciding whether to grant the provider a further approval under regulation 4AE(2)(a).

[Regulation 4AI inserted: SL 2025/194 r. 13.]

4AJ. CPD records: regulated persons

(1) A regulated person must keep evidence demonstrating compliance with the educational requirements applicable to the person under section 40B or 50C of the Act, including any record given to the person under regulation 4AI(2).

Penalty for this subregulation: a fine of $1 000.

(2) The regulated person must keep the evidence referred to in subregulation (1) for a period of 4 years after the last day of the CPD year to which the evidence relates.

(3) The Commissioner may, by written notice, require a regulated person to produce, in the approved manner, the evidence required to be kept under this regulation.

(4) The regulated person must produce the evidence unless the regulated person has a reasonable excuse for not producing it.

Penalty for this subregulation: a fine of $1 000.

[Regulation 4AJ inserted: SL 2025/194 r. 13.]

Part 4 — Licensing of agents and registration of sales representatives

[Heading inserted: SL 2025/194 r. 14.]

4B. Prescribed periods (Act s. 48(1), (2) and 49(2))

(1) For the purposes of section 48(1) and (2) of the Act, the prescribed period is 3 years.

(2) For the purposes of section 49(2) of the Act, the prescribed period is 3 years.

[Regulation 4B inserted: Gazette 25 Jun 1996 p. 2924.]

[5. Deleted: Gazette 18 Nov 2014 p. 4324.]

6. Prescribed examinations for licence applicants (Act Sch. 1 cl. 1(a))

(1) The prescribed examinations for the purposes of Schedule 1 clause 1(a) of the Act are —

(a) the examinations required to be passed for the conferral by Curtin University of any of the following degrees or diplomas —

(i) Bachelor of Commerce (Property Investment and Development);

(ii) Bachelor of Commerce (Property);

[(iii) deleted]

(iv) Bachelor of Commerce (Property Development and Valuation);

(iva) Bachelor of Commerce (Property Development and Valuation Extension Major);

(v) Bachelor of Commerce (Property Valuation);

(vi) Master of Property;

(vii) Graduate Diploma in Property;

or

(b) the examinations required to be passed for the conferral of a Diploma of Property Services (Agency Management) registered qualification CPP50307; or

(c) the examinations required to be passed for the conferral of a Diploma of Property (Agency Management) registered qualification CPP51119, together with any additional examinations prescribed for the applicant under subregulation (2); or

(ca) the examinations required to be passed for the conferral of a Diploma of Property (Agency Management) registered qualification CPP51122, together with any additional examinations prescribed for the applicant under subregulation (2); or

(d) for an applicant who was a licensee and who ceased to be licensed under section 30(2a) of the Act, the examinations which were prescribed under regulation 6 of these regulations immediately before the commencement of the Real Estate and Business Agents (General) Amendment Regulations 2003.

Note for this subregulation:

A person conferred with a Bachelor of Commerce obtained with a double major has passed the prescribed examinations if the degree conferred includes 1 of the majors listed in paragraph (a)(i) to (v).

(2) Additional examinations are prescribed for an applicant mentioned in subregulation (1)(c) or (ca) as shown in the Tables to this regulation according to the certificate of registration that the applicant holds.

Table 1 — Additional prescribed examinations

Table 2 — Modules of CPP Property Services Training Package

[Regulation 6 inserted: SL 2020/209 r. 5; amended: SL 2023/131 r. 7; SL 2024/152 r. 4; SL 2025/194 r. 15; SL 2026/1 r. 4.]

6A. Prescribed qualifications for certificate applicants (Act s. 47(2))

(1) For a person who applies for a restricted certificate (sales), the prescribed qualification for the purposes of section 47(2) of the Act is the successful completion of modules from the CPP Property Services Training Package listed in the Table as follows —

(a) each of the modules indicated as mandatory in column 1;

(b) any 3 of the modules indicated as elective in column 1.

(2) For a person who applies for a restricted certificate (property management), the prescribed qualification for the purposes of section 47(2) of the Act is the successful completion of each of the modules from the CPP Property Services Training Package indicated as mandatory in the Table column 2.

(3) For a person who applies for an unrestricted certificate, the prescribed qualification for the purposes of section 47(2) of the Act is the successful completion of modules from the CPP Property Services Training Package listed in the Table as follows —

(a) each of the modules indicated as mandatory in column 3;

(b) any 3 of the modules indicated as elective in column 3.

Table

[Regulation 6A inserted: SL 2025/194 r. 16.]

6B. Certificate of registration, grant of (Act s. 47)

The Commissioner may grant a certificate of registration under section 47 of the Act to an applicant —

(a) who applies within 3 years of successfully completing a qualification prescribed in regulation 6A; or

(b) who has held a certificate of registration for at least 3 of the 5 years immediately preceding the making of the application; or

(c) who has passed the examinations prescribed by regulation 6 to qualify for the grant of a licence; or

(d) who has held a triennial certificate during the 3 years immediately preceding the making of the application.

[Regulation 6B inserted: Gazette 8 May 1987 p. 2103; amended: Gazette 30 Oct 1987 p. 4047; 12 Aug 1988 p. 2770; 7 Feb 2003 p. 386‑7; 30 Dec 2004 p. 6924; 17 Nov 2006 p. 4760; 30 Jun 2011 p. 2671; 30 Jun 2017 p. 3553; SL 2020/209 r. 6.]

Part 5 — General controls

[Heading inserted: SL 2025/194 r. 17.]

6BA. Appointment to act as agent, content of

(1) If an amount is not fixed under section 61(1) of the Act, an appointment to act as an agent —

(a) where the commission, reward or other valuable consideration to be received by the agent for the services rendered by the agent is expressed as a percentage, is to clearly set out the basis (e.g. selling price, gross rental) on which the percentage is to be calculated; and

(b) where —

(i) the appointment is to act as an agent in a transaction as defined in section 61(4a) of the Act; and

(ii) the commission, reward or other valuable consideration to be received by the agent for the services rendered is expressed as an hourly, weekly or other periodic rate,

is to specify the maximum amount to be received by the agent, expressed as a monetary amount; and

(c) where the consideration to be received by the agent for the services rendered by the agent is based on the use by a person of certain services provided by the agent, is to provide a full explanation of the nature of the services so provided; and

(d) where any expenses (in addition to the commission, reward or other valuable consideration) are to be received by the agent, is to —

(i) specify the nature of those expenses; and

(ii) clearly set out the method by which the expenses will be calculated.

(2) If an amount is not fixed under section 61(1) of the Act, an appointment to act as an agent by a person for whom services are to be rendered is to contain, immediately before the statement of the commission, reward or other valuable consideration to be received by the agent, a statement that the commission, reward or consideration is not to be received pursuant to a scale fixed by law but is to be agreed upon between the person and the agent.

(3) An appointment to act as an agent is to include a statement in clear, concise and plain English to the effect that the person for whom the services are to be rendered by the agent (e.g. the vendor or landlord) may seek assistance from the Commissioner in relation to disputes as to the commission, reward or other valuable consideration to be received by the agent.

[Regulation 6BA inserted: Gazette 16 Oct 1998 p. 5734‑5; amended: Gazette 30 Jun 2011 p. 2671.]

6BB. Prescribed transaction

For the purposes of the definition of prescribed transaction in section 61(4a) of the Act, the sale of a lot under a future lot contract (within the meaning of the Sale of Land Act 1970 section 11) is a prescribed transaction.

[Regulation 6BB inserted: Gazette 30 Jun 2017 p. 3553‑4.]

Part 6 — Agents’ trust accounts

[Heading inserted: SL 2025/194 r. 18.]

6C. Authorised financial institution (Act s. 67), classes of body prescribed

For the purposes of the definition of authorised financial institution in section 67 of the Act, the following classes of bodies are prescribed —

(a) the class that consists of all banks; and

(b) the class that consists of all societies.

[Regulation 6C inserted: Gazette 25 Jun 1996 p. 2918.]

6D. Trust accounts, designation of (Act s. 68(1))

(1) For the purposes of section 68(1) of the Act, a trust account is to be designated in the manner provided for in this regulation.

(2) The designation of a trust account, other than a separate account, is to include —

(a) the description “REBA Trust Account”; and

(b) the name of the holder of the triennial certificate, and any business name of that holder, recorded in the register; and

(c) the letters “TC” followed by the triennial certificate number recorded in the register.

(3) The designation of a separate account is to include —

(a) the description “REBA Trust Account — IB”; and

(b) the name of the holder of the triennial certificate, and any business name of that holder, recorded in the register; and

(c) the words “in trust for” followed by the name of the person who requested the separate account; and

(d) the letters “TC” followed by the triennial certificate number recorded in the register.

[Regulation 6D inserted: Gazette 25 Jun 1996 p. 2918‑19; amended: Gazette 30 Jun 2017 p. 3554.]

6E. Separate trust accounts, requests for, requirements prescribed (Act s. 68A(4))

(1) For the purposes of section 68A(4) of the Act, where the transaction in respect of which moneys are paid relates to the sale of real estate or a business, an agent shall only comply with the request for a separate account if the agent is satisfied that —

(a) the amount of moneys paid to the agent exceeds $20 000; or

(b) the transaction is not to be settled within 60 days.

(2) In subregulation (1) —

business means any commercial undertaking or enterprise in respect of any profession, trade, employment, vocation, or calling.

[Regulation 6E inserted: Gazette 25 Jun 1996 p. 2919.]

6F. Trust accounts, interest on (Act s. 68B(1))

(1) For the purposes of section 68B(1) of the Act, interest on the balance of a trust account is to be paid —

(a) at the rate that is 70% of the relevant bank accepted bills rate calculated on a daily basis; and

(b) within 5 working days of the end of each month.

(2) In subregulation (1)(a) —

relevant bank accepted bills rate means the 30 day bank accepted bills rate as published in Table F.1 of the “Reserve Bank of Australia Bulletin” for the month that is 2 months before the month in respect of which the interest is to be paid.

Note for this subregulation:

For example, the relevant bank accepted bills rate for May is the 30 day bank accepted bills rate for March.

[Regulation 6F inserted: Gazette 25 Jun 1996 p. 2919.]

6G. Receipts by agents, information in (Act s. 69(1)(a))

A receipt given under section 69(1)(a) of the Act shall contain the following information —

(aa) the heading “Trust Account Receipt”; and

(a) the name of the holder of the triennial certificate, and any business name of that holder, recorded in the register; and

(b) a number or letter, or a combination of both, in consecutive order that allows the receipt to be uniquely identified; and

(c) the date on which the money is received; and

(d) the name of the person paying the money; and

(e) the amount of money received; and

(f) a brief description of the purpose of the payment; and

(g) if the receipt is hand‑written, the name of the person receiving the money evidenced by the signature of that person.

[Regulation 6G inserted: Gazette 25 Jun 1996 p. 2919; amended: Gazette 17 Nov 2006 p. 4760.]

6H. Record keeping requirements (Act s. 69(2))

(1A) In this regulation —

money record means a record under section 69(1)(b) of the Act.

(1) A money record must be —

(a) kept in written form; and

(b) kept for a period of not less than 6 years from the date on which the money was received; and

(c) readily accessible.

(2) Where a receipt has been given for money received, a money record must contain the information contained in the receipt and may take the form of a duplicate copy of the receipt.

(3) Where money has been received by electronic transfer, a money record must contain the information specified in regulation 6G(b), (c), (d), (e) and (f) and, for that purpose, the reference in regulation 6G(b) to “receipt” is to be read as a reference to “money record”.

[Regulation 6H inserted: Gazette 25 Jun 1996 p. 2919‑20; amended: SL 2025/194 r. 19.]

Part 7 — Miscellaneous

[Heading inserted: SL 2025/194 r. 20.]

7. Registers (Act s. 133(2))

The prescribed particulars to be recorded, pursuant to section 133(2) of the Act, by the Commissioner —

(a) in the register of licensees are, in respect of each licensee —

(i) the name and address of the licensee;

(ii) where the licensee is a firm, the name, address, and, where applicable, licence number of each partner constituting the firm;

(iii) where the licensee is a body corporate, the name, address, and, where applicable, licence number of each director of the licensee;

(iv) the licence number and the date on which the licence held by the licensee was granted;

(v) any special condition to which the licence held by the licensee is subject;

(vi) where a claim has been made or sustained against the Fidelity Account in respect of the licensee, a reference to that claim;

(b) in the register of holders of current triennial certificates are, in respect of each holder —

(i) the name and address of the holder;

(ii) any business name under which the holder carries on business as an agent;

(iii) the situation of the registered office of the holder;

(iv) where the holder is a firm, the name, address, and, where applicable, licence number of each partner constituting the firm;

(v) where the holder is a body corporate, the name, address and, where applicable, licence number of each director of the holder;

(vi) where the holder is a firm or body corporate, the name and address of the person in bona fide control of the business of the holder;

(vii) the licence number, and the date on which the licence held by the holder of the certificate was granted;

(viii) the certificate number, and the date on which the certificate currently held by the holder was granted or renewed, as the case may be;

(ix) the name and address of the auditor appointed by the holder;

(x) the amount of any payment made under section 113 of the Act by the holder;

(c) in the register of holders of current certificates of registration are, in respect of each holder —

(i) the name and address of the holder;

(ii) the certificate number and the date on which the certificate currently held by the holder was granted or renewed, as the case may be;

(iii) any special condition to which the certificate held by the holder is subject;

(iv) the amount of any payment made under section 113 of the Act by the holder;

(v) the name and address of the licensee or developer for and on behalf of whom the holder acts or by whom the holder is employed;

(vi) the date upon which a holder commenced in that capacity to act for and on behalf of, or be employed by, the licensee or developer referred to in subparagraph (v);

(vii) the name and address of every other licensee or developer for and on behalf of whom the holder has acted, or by whom the holder has been employed in that capacity, and the dates on which the holder commenced and ceased to so act or be employed by each of them, respectively.

[Regulation 7 amended: Gazette 7 Feb 2003 p. 387; 23 Dec 2008 p. 5467; 10 Nov 2009 p. 4495; 30 Jun 2011 p. 2671.]

7AA. Lending institution (Act s. 131A), classes of body prescribed

For the purposes of the definition of lending institution in section 131A of the Act, the class consisting of bodies, other than a body referred to in paragraph (a) of that definition, that provide loans to persons in order to assist those persons to purchase a dwelling is prescribed.

[Regulation 7AA inserted: Gazette 25 Jun 1996 p. 2920; amended: Gazette 18 Nov 2014 p. 4325.]

[7A. Deleted: Gazette 24 Dec 2019 p. 4418.]

7B. Maximum amount prescribed (Act s. 131M(3))

For the purposes of section 131M(3) the prescribed maximum amount is $2 000.

[Regulation 7B inserted: Gazette 30 Sep 1994 p. 4969.]

8. Changes in particulars, licensees to notify Commissioner of

A licensee shall give to the Commissioner notice in writing —

(a) where the licensee is a body corporate, of any change in the directors of the body corporate;

(b) where the licensee is a firm and any of the persons by whom or by which it is constituted is a body corporate, of any change in the directors of any such body corporate;

(c) where the licensee is a firm or body corporate, of any change in the person in bona fide control of the business operated under the licence held by the licensee,

within one month of the change.

Penalty: a fine of $1 000.

[Regulation 8 amended: Gazette 30 Jun 2011 p. 2672; SL 2020/257 r. 7.]

9. Fees and costs, recovery of

(1) The amount of —

(a) any fees prescribed by these regulations;

[(b) deleted]

(c) any costs ordered by a court or tribunal to be paid to the Commissioner upon the determination of any proceedings,

may be sued for and recovered by the Commissioner on behalf of the Crown in any court of competent jurisdiction.

(2) Where, upon the determination of any proceedings, a court or tribunal makes an order for costs in favour of a person other than the Commissioner, the amount of those costs may be sued for by that person and recovered from the person against whom the order is made, in any court of competent jurisdiction.

[Regulation 9 amended: Gazette 30 Dec 2004 p. 6924; 30 Jun 2011 p. 2672.]

10. Unsuccessful applicant for licence etc., refund to (Act s. 113)

An amount paid to the chief executive officer under section 113 of the Act in respect of an application referred to in that section shall, where that application does not result in the grant or renewal of a licence, triennial certificate, or certificate of registration, be refunded to the applicant from the Fidelity Account.

[Regulation 10 amended: Gazette 10 Nov 2009 p. 4495; 30 Jun 2011 p. 2672.]

11. Real Estate and Business Agents Interest Account, application of (Act s. 127)

For the purposes of section 127 of the Act —

(a) moneys standing to the credit of the Real Estate and Business Agents Interest Account are to be applied monthly before the end of each month; and

(b) the following proportions are prescribed —

(i) 4.5% to the Fidelity Account; and

(ii) 57% to the General Purpose Account; and

(iii) 38.5% to the Assistance Account.

[Regulation 11 inserted: Gazette 25 Jun 1996 p. 2920; amended: Gazette 6 Nov 2001 p. 5837; 10 Nov 2009 p. 4495‑6; 30 Jun 2011 p. 2672.]

[11A, 11AA and 11B. Deleted: Gazette 25 Jun 1996 p. 2920.]

12. Fidelity Guarantee Account, claims against

A claim against the Fidelity Guarantee Account shall be made in writing and be verified by a statutory declaration made by a person who deposes to the facts therein set out of his own knowledge.

[Regulation 12 amended: Gazette 10 Nov 2009 p. 4495‑6.]

13. Codes of conduct prescribed to be published (Act s. 101)

Any code of conduct that the Commissioner may from time to time prescribe pursuant to section 101 of the Act shall be published in the Government Gazette.

[Regulation 13 amended: Gazette 30 Jun 2011 p. 2672.]

14. Infringement notices

(1) The offences specified in Schedule 3 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.

(2) The modified penalty specified opposite an offence in Schedule 3 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).

(3) The Commissioner may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2.

(4) The Commissioner is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.

[Regulation 14 inserted: Gazette 28 Aug 2009 p. 3348; amended: Gazette 30 Jun 2011 p. 2672.]

15. Forms (Sch. 2)

The forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.

[Regulation 15 inserted: Gazette 28 Aug 2009 p. 3348.]

Part 8 — Transitional provisions

[Heading inserted: SL 2025/194 r. 21.]

16. Transitional regulation for Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2020

(1) In this regulation —

commencement day means the day on which the Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2020 regulation 8 comes into operation;

former regulation 4AA means regulation 4AA as in force immediately before commencement day.

(2) An approval of a CPD activity, and a point value for the activity, for 2020 made under former regulation 4AA is taken, on and from commencement day, to be an approval made under regulation 4AC for 2020.

(3) If the Commissioner specified a CPD activity as a mandatory CPD activity under former regulation 4AA for 2020 and the specification is in force immediately before commencement day, the mandatory CPD activity is taken, on and from commencement day, to have been specified under regulation 4AC(4) for 2020.

[Regulation 16 inserted: SL 2020/257 r. 8.]

17. Transitional regulation for Real Estate and Business Agents (General) Amendment Regulations 2024

An amendment made to regulation 6 by the Real Estate and Business Agents (General) Amendment Regulations 2024 does not apply for the purposes of Schedule 1 clause 1(a) of the Act to an application for a licence made, but not decided by the Commissioner, before 2 September 2024.

[Regulation 17 inserted: SL 2024/152 r. 5.]

18. Transitional regulation for Commerce Regulations Amendment (Real Estate, Business and Settlement Agents) Regulations 2025

(1) In this regulation —

commencement day means 1 January 2026.

(2) If a regulated person completes a CPD activity in the period beginning on commencement day and ending on 31 March 2026, the activity is counted towards the educational requirements applicable to the person under section 40B or 50C of the Act for the CPD year beginning on 1 April 2026.

(3) The reference in regulation 4AE(1) to CPD activities is, before commencement day, a reference to that term as defined in regulation 2(1) as it will be in force on commencement day.

(4) The reference in regulation 4AE(3) to regulation 4AH is, before commencement day, a reference to that regulation as it will be in force on commencement day.

[Regulation 18 inserted: SL 2025/194 r. 22.]

Schedule 1 — Fees

[r. 4 and 4A]

[Heading inserted: SL 2025/89 r. 42.]

[Schedule 1 inserted: SL 2025/89 r. 42.]

[Schedule 1A deleted: SL 2025/194 r. 23.]

Schedule 2 — Forms

[r. 15]

[Heading inserted: Gazette 28 Aug 2009 p. 3349.]

[Form 1 deleted: Gazette 24 Dec 2019 p. 4419.]

Form 2 — Infringement notice

• Real Estate and Business Agents Act 1978Infringement notice Infringement notice no.
• Alleged offender Name: Family name
• Given names
• or Company name_______________________________ ACN
• Address __________________________________________ Postcode
• Alleged offence Description of offence_______________________________
• Real Estate and Business Agents Act 1978 s.Real Estate and Business Agents (General) Regulations 1979 r.
• Date / /20 Time a.m./p.m.
• Modified penalty $
• Officer issuing notice Name
• Signature
• Office
• Date Date of notice / /20
• Notice to alleged offender It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice.
• How to pay****By post: Send a cheque or money order (payable to ‘Approved Officer — Real Estate and Business Agents Act 1978’) to the following address:Approved OfficerDepartment of Local Government, Industry Regulation and Safety — Consumer Protection Division[Address]In person: Pay the cashier at:Department of Local Government, Industry Regulation and Safety — Consumer Protection Division[Address]If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.
• If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Approved Officer at the above postal address.
• If you want this matter to be dealt with by prosecution in court, sign here ________________________________ and post this notice to the Approved Officer at the above postal address within 28 days after the date of this notice.

[Form 2 inserted: Gazette 28 Aug 2009 p. 3349‑50; amended: Gazette 30 Jun 2011 p. 2670; 20 Aug 2013 p. 3839; SL 2020/163 r. 46; SL 2020/257 r. 10; SL 2025/194 r. 24.]

Form 3 — Withdrawal of infringement notice

• Real Estate and Business Agents Act 1978Withdrawal of infringement notice Withdrawal no.
• Alleged offender Name: Family name
• Given names
• or Company name_______________________________ ACN
• Address __________________________________________ Postcode
• Infringement notice Infringement notice no.
• Date of issue / /20
• Alleged offence Description of offence _______________________________
• Real Estate and Business Agents Act 1978 s.Real Estate and Business Agents (General) Regulations 1979 r.
• Date / /20 Time a.m./p.m.
• Officer withdrawing notice Name
• Signature
• Office
• Date Date of withdrawal / /20
• Withdrawal of infringement notice[delete whichever is not applicable] The above infringement notice issued against you has been withdrawn.If you have already paid the modified penalty for the alleged offence you are entitled to a refund. Your refund is enclosed.or* If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to:Approved Officer — Real Estate and Business Agents Act 1978Department of Local Government, Industry Regulation and Safety — Consumer Protection Division[Address]Signature / /20

[Form 3 inserted: Gazette 28 Aug 2009 p. 3350‑1; amended: Gazette 30 Jun 2011 p. 2670; SL 2020/257 r. 11; SL 2025/194 r. 24.]

Schedule 3 — Prescribed offences and modified penalties

[r. 14]

[Heading inserted: Gazette 28 Aug 2009 p. 3351.]

[Schedule 3 inserted: Gazette 28 Aug 2009 p. 3351‑2; amended: Gazette 30 Jun 2011 p. 2670; 23 Oct 2012 p. 5055; SL 2020/257 r. 12; SL 2025/194 r. 25.]

dline

Notes

This is a compilation of the Real Estate and Business Agents (General) Regulations 1979 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Other notes

1 The commencement date in r. 2 was of no effect as it was before the date of gazettal.

2 The Miscellaneous Regulations (Validation) Act 1985 applied to these regulations. It deemed the regulations not to have ceased to have effect as a result of the failure to comply with section 42(1) of the Interpretation Act 1984, subject to their being laid before the Legislative Assembly.

3 The Real Estate and Business Agents (General) Amendment Regulations 2003 r. 4(2) (as amended in Gazette 13 Jan 2004 p. 146) and r. 5(2) are transitional provisions that are of no further effect.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

applicant 4AB(1)

approved CPD provider 2(1)

approved CPD topic 2(1)

authorised financial institution 6C

business 6E(2)

commencement day 16(1), 18(1)

Commissioner’s website 2(1)

CPD activity 2(1)

CPD subject 2(1)

CPD year 2(1)

educational activity 2(1)

former regulation 4AA 16(1)

holding fee 4A(1)

mandatory CPD topic 2(1)

money record 6H(1A)

point 2(1), 4AC(1)

point value 2(1)

regulated person 2(1)

relevant bank accepted bills rate 6F(2)

required number of points 2(1)

restricted certificate (property management) 2(1)

restricted certificate (sales) 2(1)

topic 2(1)

unrestricted certificate 2(1)

working day 2(1)

© State of Western Australia 2026.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2026.

By Authority: ROGER JACOBS, Acting Government Printer