Settlement Agents Regulations 1982 (Western Australia)

These Regulations set out the detailed operational rules that implement and supplement the Settlement Agents Act 1981 (WA). Mechanically, they:

Prescribe fees and a triennial holding fee and define timing and partial refund rules for that holding fee (reg 4; 4A; Schedule 1).
Create a compulsory continuing professional development (CPD) regime for individual licensees (reg 4B-4K), including point values (reg 4D), subjects (reg 2), approval processes for CPD providers (reg 4F) and topics (reg 4G), and a power for the Commissioner to specify a mandatory topic in any CPD year (reg 4H). Transitional rules for the CPD regime are in reg 19.
Prescribe the examinations that qualify applicants for licences (reg 6), referencing advanced vocational qualifications (Advanced Diploma of Conveyancing) and, for applications received before a cutoff date, the Diploma of Conveyancing.
Specify how appointment-to-act information must be recorded (reg 6AA), and prescribe the forms to use for notices by exempted persons (reg 13; Schedule 2).
Set out trust‑account mechanics: the classes of authorised financial institution (reg 6A); how ordinary and separate trust accounts must be designated, including required naming conventions and inclusion of the triennial certificate number (reg 6B); the triggers for complying with requests to open separate accounts (reg 6C); the interest rate and cadence for payments on trust balances (reg 6D); and required content of receipts and money records (reg 6E; 6F).
Prescribe registers’ contents (reg 7) and procedures for recovery of fees and costs (reg 8).
Prescribe what documents real‑estate and business settlement agents may draw or prepare (reg 11-12; Schedules 3-4), including limits such as not drafting resolutions for strata/community corporations (Schedule 3 Part C).

CrestWestern Australia

Settlement Agents Act 1981

Settlement Agents Regulations 1982

Western Australia

Settlement Agents Regulations 1982

Contents

Part 1 — Preliminary

Citation 1
Terms used 1

Part 2 — Fees

Fees 4

4A. Holding fee 4

Part 3 — Educational requirements

4B. Educational requirements (Act s. 41B) 6

4C. Exemption from educational requirements 7

4D. CPD points 8

4F. Approval of CPD providers 9

4G. Approval of CPD topics 9

4H. Mandatory CPD topic for CPD year 10

4I. CPD content 11

4J. CPD records: providers 11

4K. CPD records: licensees 12

Part 4 — Licensing of settlement agents

Prescribed examinations 13

Part 5 — General controls

6AA. Information to be included in appointment to act as settlement agent (Act s. 43(2)(a)) 14

Part 6 — Trust accounts

6A. Definition of authorised financial institution — prescribed classes (Act s. 48) 15

6B. Designation of trust accounts (Act s. 49(1)) 15

6C. Prescribed requirements for separate accounts (Act s. 49A(4)) 16

6D. Interest payable on trust accounts (Act s. 49B(1)) 16

6E. Content of receipts (Act s. 50(1)(a)) 17

6F. Records under Act s. 50(1)(b) 17

Part 7 — Miscellaneous

Particulars to be included in registers (Act s. 110(2)) 19
Recovery of fees and costs 21
Settlement Agents Interest Account (Act s. 105) 21
Claims against Fidelity Guarantee Account 21
Documents that real estate settlement agent may draw etc. 22
Documents that business settlement agent may draw etc. 22

12A. Power of attorney 22

Warning notice by certain exempted persons 22
Absence of licensee 23
Infringement notices 24
Forms 25

Part 8 — Transitional provisions

Transitional provision for Settlement Agents Amendment Regulations 2016 26
Transitional regulation for Settlement Agents Amendment Regulations 2020 26
Transitional regulation for Commerce Regulations Amendment (Real Estate, Business and Settlement Agents) Regulations 2025 27

Schedule 1 — Fees

Schedule 2 — Notice under section 26A or 26B of the Act

Schedule 3 — Documents that a real estate settlement agent may draw or prepare

Part A — Offer and acceptance

Part B — Requisitions on title

Part C — Documents for registration or lodgement

Schedule 4 — Documents that a business settlement agent may draw or prepare

Schedule 5 — Prescribed offences and modified penalties

Part 1 — Offences under section 65

Part 2 — Offences under section 120

Part 3 — Other offences

Schedule 6 — Forms

Form 1 — Infringement notice 40

Form 2 — Withdrawal of infringement notice 42

Notes

Compilation table 44

Other notes 49

Defined terms

Settlement Agents Act 1981

Settlement Agents Regulations 1982

Part 1 — Preliminary

[Heading inserted: SL 2025/194 r. 27.]

1. Citation

These regulations may be cited as the Settlement Agents Regulations 1982.

2. Terms used

In these regulations, unless the contrary intention appears —

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

approved CPD topic means a topic listed in a notice under regulation 4G(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

CPD subject means any of the following subjects —

(a) ethics or professional responsibility;

(b) professional skills;

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

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

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

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

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

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

[Regulation 2 inserted: Gazette 25 Jun 1996 p. 2925‑6; amended: Gazette 28 Dec 2007 p. 6408; SL 2020/196 r. 60; SL 2020/259 r. 4; SL 2021/86 r. 67; SL 2025/194 r. 28.]

[3. Deleted: Gazette 30 Jun 2011 p. 2675.]

Part 2 — Fees

[Heading inserted: SL 2025/194 r. 29.]

4. Fees

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

[(2) deleted]

[Regulation 4 amended: Gazette 29 Oct 1982 p. 4323‑4; 23 May 1997 p. 2420; SL 2024/96 r. 56; SL 2025/89 r. 46; SL 2025/194 r. 30.]

4A. Holding fee

(1) In this regulation —

holding fee means the fee set out in Schedule 1 item 4 and referred to in section 30(3a)(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 2 Aug 1996 p. 3731‑2; amended: Gazette 23 May 1997 p. 2420; 30 Jun 2011 p. 2676; 18 Jun 2019 p. 2114; SL 2020/259 r. 5; SL 2024/96 r. 57.]

[4AA. Deleted: SL 2021/86 r. 68.]

Part 3 — Educational requirements

[Heading inserted: SL 2025/194 r. 31.]

4B. Educational requirements (Act s. 41B)

(1) For the purposes of section 41B of the Act, the educational requirements for a CPD year for a licensee who is an individual are that the licensee 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 licensee for the year — at least the required number of points relating to the mandatory CPD topic.

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

(a) 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;

(b) both of the following apply —

(i) the Commissioner grants the licensee an exemption under regulation 4C from all or part of the educational requirements for the CPD year;

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

(3) If a person becomes a licensee 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

Month in which person becomes a licensee	Combined point value
June or July	4
August or September	3
October or November	2
December	1

[Regulation 4B inserted: SL 2020/259 r. 6; amended: SL 2025/194 r. 32.]

4C. Exemption from educational requirements

(1) A licensee (the applicant) may apply to the Commissioner for a total or partial exemption from the educational requirements under regulation 4B(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

[(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

(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 4C inserted: SL 2020/259 r. 6; amended: SL 2025/194 r. 33.]

4D. CPD points

(1) A licensee earns 1 point for each hour of a CPD activity that the licensee 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 4D inserted: SL 2025/194 r. 34.]

[4E. Deleted: SL 2025/194 r. 34]

4F. 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 4I.

(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 4F inserted: SL 2025/194 r. 35.]

4G. Approval of CPD topics

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

(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 licensee’s work as a licensee; and

(c) the completion of an educational activity dealing with the topic would extend a licensee’s knowledge and skills in an area relevant to the licensee’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 4G inserted: SL 2025/194 r. 36.]

4H. 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) licensees generally; or

(b) a specified class of licensees.

(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 licensees, or licensees 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

(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 4H inserted: SL 2025/194 r. 36.]

4I. 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 licensee’s work as a licensee; and

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

[Regulation 4I inserted: SL 2025/194 r. 36.]

4J. CPD records: providers

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

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

(3) The record must be provided within 14 days after the day on which the licensee 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 licensee 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 4F(2).

[Regulation 4J inserted: SL 2025/194 r. 36.]

4K. CPD records: licensees

(1) A licensee must keep evidence demonstrating compliance with the educational requirements applicable to the licensee under section 41B of the Act, including any record given to the licensee under regulation 4J(2).

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

(2) The licensee 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 licensee to produce, in the approved manner, the evidence required to be kept under this regulation.

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

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

[Regulation 4K inserted: SL 2025/194 r. 36.]

[5. Deleted: Gazette 18 Nov 2014 p. 4326.]

Part 4 — Licensing of settlement agents

[Heading inserted: SL 2025/194 r. 37.]

6. Prescribed examinations

(1) In this regulation —

public training provider has the meaning given in the Vocational Education and Training Act 1996 section 5(1);

registered training provider has the meaning given in the Vocational Education and Training Act 1996 section 5(1).

(2) The prescribed examinations for the purposes of Schedule 1 clauses 1(1)(a) and 2(1)(a) to the Act that are required to be passed to qualify for the grant of a licence are the examinations required by a public training provider or a registered training provider to be passed to complete —

(a) an Advanced Diploma of Conveyancing; or

(b) if an application for a licence is made before 1 January 2025 — a Diploma of Conveyancing.

[Regulation 6 inserted: SL 2021/202 r. 4.]

Part 5 — General controls

[Heading inserted: SL 2025/194 r. 38.]

6AA. Information to be included in appointment to act as settlement agent (Act s. 43(2)(a))

For the purposes of section 43(2)(a) of the Act the information contained in the Settlement Agents Code of Conduct 2016 Schedule 1 Form 1 is prescribed.

[Regulation 6AA inserted: Gazette 4 Oct 2016 p. 4235.]

Part 6 — Trust accounts

[Heading inserted: SL 2025/194 r. 39.]

6A. Definition of authorised financial institution — prescribed classes (Act s. 48)

For the purposes of the definition of authorised financial institution in section 48 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 6A inserted: Gazette 25 Jun 1996 p. 2926.]

6B. Designation of trust accounts (Act s. 49(1))

(1) For the purposes of section 49(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 “SA 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

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

(a) the description “SA 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

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

[Regulation 6B inserted: Gazette 25 Jun 1996 p. 2926.]

6C. Prescribed requirements for separate accounts (Act s. 49A(4))

For the purposes of section 49A(4) of the Act, a settlement agent shall only comply with a request for a separate account if the settlement agent is satisfied that —

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

(b) the transaction in respect of which moneys are paid is not to be settled within 60 days.

[Regulation 6C inserted: Gazette 25 Jun 1996 p. 2926.]

6D. Interest payable on trust accounts (Act s. 49B(1))

(1) For the purposes of section 49B(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.

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

[Regulation 6D inserted: Gazette 25 Jun 1996 p. 2926‑7.]

6E. Content of receipts (Act s. 50(1)(a))

A receipt given under section 50(1)(a) of the Act shall contain the following information —

(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

(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 6E inserted: Gazette 25 Jun 1996 p. 2927.]

6F. Records under Act s. 50(1)(b)

(1A) In this regulation —

money record means a record under section 50(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

(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 6E(b), (c), (d), (e) and (f) and, for that purpose, the reference in regulation 6E(b) to “receipt” is to be read as a reference to “money record”.

[Regulation 6F inserted: Gazette 25 Jun 1996 p. 2927; amended: SL 2025/194 r. 40.]

Part 7 — Miscellaneous

[Heading inserted: SL 2025/194 r. 41.]

7. Particulars to be included in registers (Act s. 110(2))

The particulars to be recorded, pursuant to section 110(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 and address of each partner constituting the firm and the licence number of each partner in the firm who is licensed;

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

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

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

(vi) where a claim has been made or sustained against the 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; and

(ii) any business name under which the holder carries on business as a settlement agent; and

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

(iv) the situation of every registered branch office of the holder and the name and licence numbers of each branch manager; and

(v) where the holder is a firm, the name and address of each partner constituting the firm and the licence number of each partner in the firm who is licensed; and

(vi) where the holder is a body corporate, the name and address of each director of the holder and the licence number of each director who is licensed; and

(vii) 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; and

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

(ix) whether the holder is licensed as a real estate settlement agent, business settlement agent or both; and

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

(xi) the policy number of the current certificate of fidelity and professional indemnity insurance held by the holder of the triennial certificate; and

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

(xiii) the amount of any payment made under section 92 of the Act by the holder.

[Regulation 7 amended: Gazette 26 Oct 2007 p. 5651; 30 Jun 2011 p. 2677.]

8. Recovery of fees and costs

(1) The amount of —

(a) any fees prescribed by these regulations;

[(b) deleted]

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 8 amended: Gazette 30 Dec 2004 p. 6927; 30 Jun 2011 p. 2677.]

9. Settlement Agents Interest Account (Act s. 105)

For the purposes of section 105 of the Act moneys standing to the credit of the Interest Account are to be applied monthly before the end of each month.

[Regulation 9 inserted: Gazette 6 Feb 2007 p. 310; amended: Gazette 30 Jun 2011 p. 2677.]

10. Claims against Fidelity Guarantee Account

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 10 amended: Gazette 26 Oct 2007 p. 5651.]

11. Documents that real estate settlement agent may draw etc.

(1) For the purposes of clause 1(2)(a) of Schedule 2 to the Act the forms of offer and acceptance set out in Part A of Schedule 3 are prescribed and, if any of those forms is revised, the current revision of it is prescribed.

(2) For the purposes of clause 1(2)(b) of Schedule 2 to the Act a licensee may draw or prepare a document containing any or all of the requisitions on title set out in Part B of Schedule 3 subject to the condition that the requisitions are only issued in respect of land that is registered under the Transfer of Land Act 1893.

(3) For the purposes of clause 1(2)(c) of Schedule 2 to the Act the documents set out in Part C of Schedule 3 are prescribed subject to any conditions set out in that Part.

[Regulation 11 inserted: Gazette 23 May 1997 p. 2420.]

12. Documents that business settlement agent may draw etc.

For the purposes of clause 2(fa) 1 of Schedule 2 to the Act any document set out in Schedule 4 is prescribed.

[Regulation 12 inserted: Gazette 23 May 1997 p. 2420.]

12A. Power of attorney

The power of attorney prescribed for the purposes of clause 1(1)(h) of Schedule 2 of the Act is a power of attorney in the form set forth in the Nineteenth Schedule of the Transfer of Land Act 1893.

[Regulation 12A inserted: Gazette 30 Mar 1984 p. 910.]

13. Warning notice by certain exempted persons

The form of the notice to be given by a person exempted under section 26A or 26B of the Act before arranging or effecting a settlement to which the exemption conferred by that section applies is as set out in Schedule 2.

[Regulation 13 inserted: Gazette 29 Oct 1982 p. 4323; amended: Gazette 23 May 1997 p. 2420.]

14. Absence of licensee

(1) A person who is in bona fide control of a business operated under a licence shall not, without the prior approval in writing of the Commissioner, absent himself from that business for more than 4 continuous weeks in any one calendar year.

Penalty: $100.

(2) An application for approval under subregulation (1) shall state whether, in the absence of the person in bona fide control of the business, that business is to be —

(a) closed; or

(b) conducted by another person.

(3) The Commissioner may refuse to grant approval under subregulation (1) —

(a) where the business is to be closed, unless and until the person in bona fide control of that business has satisfied the Commissioner that at the date of closure he will have carried out all his obligations under the Act or the code of conduct; or

(b) where the business is to be conducted by another person, if the Commissioner does not consider that person is suitable to conduct that business.

(4) A person who, pursuant to an approval granted by the Commissioner under this regulation, conducts a business operated under a licence during the absence of the person in bona fide control of that business does not commit an offence under section 26 of the Act.

[Regulation 14 inserted: Gazette 30 Mar 1984 p. 910; erratum: Gazette 6 Apr 1984 p. 998; amended: Gazette 30 Jun 2011 p. 2677.]

15. Infringement notices

(1) An offence under section 65(1) in respect of a contravention or failure to observe a provision of the Act specified in Schedule 5 Part 1 is an offence for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.

(2A) An offence under section 120(1) in respect of a contravention or failure to comply with a provision of the Act specified in Schedule 5 Part 2 is an offence for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.

(2B) The offences specified in Schedule 5 Part 3 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(2) The modified penalty specified opposite a provision in Schedule 5 is the modified penalty for a contravention or failure to observe, or comply with, that provision for the purposes of section 5(3) of the Criminal Procedure Act 2004.

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

(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 15 inserted: Gazette 22 Sep 2006 p. 4131; amended: Gazette 23 Dec 2008 p. 5469‑70; 30 Jun 2011 p. 2677-8; SL 2020/259 r. 7; SL 2025/194 r. 42.]

16. Forms

The forms set out in Schedule 6 are prescribed in relation to the matters specified in those forms.

[Regulation 16 inserted: Gazette 22 Sep 2006 p. 4131.]

Part 8 — Transitional provisions

[Heading inserted: SL 2025/194 r. 43.]

17. Transitional provision for Settlement Agents Amendment Regulations 2016

For the purposes of section 43(2)(a) of the Act, during the transitional period as defined in the Settlement Agents Code of Conduct 2016 rule 35, the following information is prescribed —

(a) the information contained in the Settlement Agents’ Code of Conduct 1982 Schedule Form 1; or

(b) the information contained in the Settlement Agents Code of Conduct 2016 Schedule 1 Form 1.

[Regulation 17 inserted: Gazette 4 Oct 2016 p. 4236.]

18. Transitional regulation for Settlement Agents Amendment Regulations 2020

(1) In this regulation —

commencement day means the day on which the Settlement Agents Amendment Regulations 2020 regulation 8 comes into operation;

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

(2) An approval of core professional development subjects, educational activities and points for 2020 made under former regulation 4C is taken, on and from commencement day, to be an approval of core professional development subjects, educational activities and points values made under regulation 4D for 2020.

[Regulation 18 inserted: SL 2020/259 r. 8.]

19. 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 licensee 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 licensee under section 41B of the Act for the CPD year beginning on 1 April 2026.

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

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

[Regulation 19 inserted: SL 2025/194 r. 44.]

Schedule 1 — Fees

[r. 4 and 4A]

[Heading inserted: SL 2025/89 r. 47.]

Item	Column 1<br>Description of fee	Column 2<br>Fee ($)
1.	Grant of licence to an individual (including triennial certificate) (Act s. 27(1))	1 060.00
2.	Grant of licence to a firm (including triennial certificate) (Act s. 28(1))	1 390.00
3.	Grant of licence to a body corporate (including triennial certificate) (Act s. 29(1))	1 390.00
4.	Holding fee (Act s. 30(3a)(b))	271.00
5.	Renewal of triennial certificate (Act s. 31(2))	885.00
6.	Issue of duplicate licence or duplicate triennial certificate (Act s. 41A)	35.00

[Schedule 1 inserted: SL 2025/89 r. 47.]

[Schedule 1A deleted: SL 2025/194 r. 45.]

Schedule 2 — Notice under section 26A or 26B of the Act

WESTERN AUSTRALIA

SETTLEMENT AGENTS ACT 1981

Take notice that I/We
of
being a licensed Real Estate and/or Business Agent exempted under section(s) 26A and/or 26B of the above Act may not arrange or effect settlements for reward.

This means that I/We can arrange or effect your settlement free of charge but you will not be entitled to make any claim against the “Settlement Agents Fidelity Guarantee Account” or to the protection of the Settlement Agents Act generally in respect of the settlement.

[Schedule 2 inserted: Gazette 29 Oct 1982 p. 4323‑4; amended: Gazette 23 May 1997 p. 2421; 26 Oct 2007 p. 5652.]

Schedule 3 — Documents that a real estate settlement agent may draw or prepare

[Reg. 11]

[Heading inserted: Gazette 23 May 1997 p. 2421.]

Part A — Offer and acceptance

“Contract for Sale of Land by Offer and Acceptance” (1994 revision) incorporating the “1994 Joint Form of General Conditions for the Sale of Land”, as adopted jointly by the Law Society of Western Australia (Inc) and the Real Estate Institute of Western Australia (Inc) and approved by the Settlement Agents Association (Inc) and the Associated Settlement Agents of Western Australia (Inc).
“Contract for Sale of Strata Title Property by Offer and Acceptance” incorporating the “1994 Joint Form of General Conditions for the Sale of Land”, as adopted jointly by the Law Society of Western Australia (Inc) and the Real Estate Institute of Western Australia (Inc) and approved by the Settlement Agents Association (Inc) and the Associated Settlement Agents of Western Australia (Inc).
“Contract for Sale of Community Title Property by Offer and Acceptance” incorporating the “1994 Joint Form of General Conditions for the Sale of Land”, as adopted jointly by the Law Society of Western Australia (Inc) and the Real Estate Institute of Western Australia (Inc) and approved by the Settlement Agents Association (Inc) and the Associated Settlement Agents of Western Australia (Inc).

[Part A inserted: Gazette 23 May 1997 p. 2421; amended: SL 2021/71 r. 25.]

Part B — Requisitions on title

Is the certificate or certificates of title to the land the subject of any dealing or dealings under the Transfer of Land Act 1893? If so, please provide true copies of all documents lodged under the Transfer of Land Act 1893 relating to such dealing or dealings.
Is the vendor aware of any circumstances which could give rise to a claim to an interest in the land, or any parts of it, by virtue of adverse possession? If so, please provide details.
Is the vendor, after due enquiry, aware of any pending or threatened suit relating to the title of the land or any claim to its use generally or for any particular purpose adverse to the title of the vendor? If so, please provide details.
Is the vendor aware of any circumstances, including enjoyment or use, which would give rise to claims to rights of way, liens, restrictive covenants, grants of licence or of other rights or easements, public or private, or trusts, affecting the land, not referred to in the certificate or certificates of title to the land? If so, please provide details.
Does the vendor have any knowledge of any circumstances which could give rise to a charge against or interest in the land pursuant to any statute including, but not limited to, any of the following Acts:

(a) Lands Acquisition Act 1989 (Cwlth);

(b) Energy Operators (Powers) Act 1979;

(d) Heritage of Western Australia Act 1990;

[(e) deleted]

(f) Local Government Act 1995;

(g) Water Services Act 2012;

(ga) Public Works Act 1902;

(h) Retirement Villages Act 1992;

(i) Soil and Land Conservation Act 1945;

(j) Strata Titles Act 1985;

(k) Community Titles Act 2018?

Is anybody in occupation of the land under any or any alleged lease or licence? If so, please provide precise details of the terms of any such lease or licence or alleged lease or licence and provide copies of any agreements in respect thereof.
Are there any claims by any third parties to a mining lease or licence under the Mining Act 1978? If so, please provide precise details of the terms of any claim.
The vendor is to list all applications, transfers, instruments, statutory declarations, discharges of mortgages, withdrawals of caveats or other documents to be tendered at settlement in order for the purchaser to become registered as the proprietor of the freehold of the land without any encumbrances on the title to it.

[Part B inserted: Gazette 23 May 1997 p. 2421‑2; amended: Gazette 15 Jun 2004 p. 2026; 22 Dec 2006 p. 5808; 14 Nov 2013 p. 5067.]

Part C — Documents for registration or lodgement

Under or for the purposes of the Strata Titles Act 1985 the following documents, subject to the condition that a licensee shall not draft a resolution of a strata company under or for the purposes of that Act —

(a) documents in the forms approved under the following provisions of that Act:

Provision	Description of document
s. 15(5)(a)	Application for approval of a strata plan or an amendment of a strata plan to give effect to a subdivision of land by a strata scheme
s. 29(2)	Scheme notice or amendment of a scheme notice
s. 35(5)	Notice of resolution for amendment of a scheme plan
s. 44(5)	Scheme by‑laws
s. 56(2)	Application for registration of a strata titles scheme or amendment of a strata titles scheme and accompanying documents in approved forms
s. 193(1)	Notice of expiry of a leasehold scheme or application for termination of a strata titles scheme and accompanying documents in approved forms
Sch. 2A cl. 21G(1)	Notice of resolution under Schedule 2A clause 21F of that Act
Sch. 2A cl. 21S(1)	Notice of resolution under Schedule 2A clause 21Q of that Act
Sch. 2A cl. 31D(1)	Notice of resolution under Schedule 2A clause 31C of that Act

(b) a disposition statement under section 222 of that Act in the form approved under the Strata Titles (General) Regulations 2019.

Under or for the purposes of the Transfer of Land Act 1893 —

(a) these documents under these provisions of that Act for the purposes described:

Provision	Description of document and purpose
s. 59	Application to remove notation as to legal disability
s. 71	Application for a consolidated certificate of title
s. 71A	Application for a certificate of title for the balance of land in a certificate of title
s. 82	Transfer
s. 84	Transfer
s. 129BB	Application for discharge or modification of restrictive covenant
s. 136J	Application for discharge or modification of restrictive covenant
s. 137	Caveat to protect the interest of a purchaser or mortgagee for whom the licensee is acting
s. 138B	Application to have notice sent to caveator
s. 146	Application for search certificate
s. 148	Application for stay of registration
s. 166	Application for new certificates of title on a subdivision of land that is held in fee simple
s. 219	Application on a transmission
s. 221	Application by remainderman on a transmission
s. 227	Application by the survivor of joint proprietors
s. 240A	Application to change an address;

(b) a withdrawal of a caveat lodged by a purchaser or mortgagee, or prepared by the licensee to protect the interest of a purchaser or mortgagee for whom the licensee is acting, if —

(i) there is to be lodged with the withdrawal a transfer of the whole of the land the subject of the withdrawal to the caveator or to a person nominated in writing by the caveator, or if there is more than one caveator, by each of them; and

(ii) no other person has acquired or claims any interest in the land that has priority over, or that is adverse to, the caveator’s claim; and

(iii) no dealing that is adverse to, or that derogates from, the caveator’s claim is lodged or is to be lodged after the withdrawal and before the transfer to the caveator or the caveator’s nominee;

(d) a withdrawal of memorial under the Water Services Act 2012 section 128 for a memorial lodged by a water corporation (as defined in that Act) in relation to the payment of an infrastructure contribution under section 128(2)(b) of that Act.

Under or for the purposes of the Community Titles Act 2018 the following documents, subject to the condition that a licensee shall not draft a resolution of a community corporation under or for the purposes of that Act —

(a) documents in the forms approved under the following provisions of that Act:

Provision	Description of document and purpose
s. 35(2)	Scheme notice, or an amendment of a scheme notice, for a community titles scheme
s. 40(5)	Notice of a proposed resolution for an amendment of a scheme plan
s. 43(6)	Scheme by‑laws
s. 50(2)	Application for registration of a community titles scheme or an amendment of a community titles scheme and accompanying documents in approved forms
s. 141(6)	Notice to Registrar of Titles from tier 1 corporation of receipt of outline of a termination proposal
s. 145(5)	Notice to Registrar of Titles from tier 1 corporation of receipt of a full proposal
s. 149(10)(a)	Notice to Registrar of Titles from tier 1 corporation that a termination resolution is passed
s. 150(7)	Notice to Registrar of Titles from tier 1 corporation of application to the State Administrative Tribunal
s. 150(24)(a)	Notice to Registrar of Titles of State Administrative Tribunal decision
s. 153(5)	Application by proponent for termination of a community titles scheme and accompanying documents in approved forms
s. 156(3)	Notice to Registrar of Titles from tier 1 corporation of withdrawal of a termination proposal
s. 157(2)(a)	Notice to Registrar of Titles from tier 1 corporation that the termination proposal cannot proceed further
s. 161(1)	Application for termination of each community titles scheme in a community scheme by person who owns all lots in the community scheme
s. 178	Application for registration of the termination or amendment of a community titles scheme to give effect to compulsory acquisition

(b) a disposition statement under section 185 of that Act in the form approved under the Community Titles Regulations 2021;

(c) an application to register or record the most recent consolidated version of a community development statement that incorporates an approved amendment of the community development statement in the form approved under the Community Titles Regulations 2021 regulation 18(3)(b).

[Part C inserted: Gazette 23 May 1997 p. 2422‑4; amended: Gazette 30 Dec 2004 p. 6927; 14 Nov 2013 p. 5067‑8; 31 Dec 2019 p. 4645‑6; SL 2021/71 r. 25; SL 2023/116 r. 7.]

Schedule 4 — Documents that a business settlement agent may draw or prepare

[Reg. 12]

A memorandum of satisfaction of a bill of sale for the purposes of section 21 of the Bills of Sale Act 1899 2.

[Schedule 4 inserted: Gazette 23 May 1997 p. 2424.]

Schedule 5 — Prescribed offences and modified penalties

[r. 15]

[Heading inserted: Gazette 23 Dec 2008 p. 5470.]

Part 1 — Offences under section 65

[Heading inserted: Gazette 23 Dec 2008 p. 5470.]

Provision of the Settlement Agents Act 1981	Modified Penalty
s. 51(1)	$600
s. 51(3)(a)	$600

Part 2 — Offences under section 120

[Heading inserted: Gazette 23 Dec 2008 p. 5470.]

Provision of the Settlement Agents Act 1981	Modified Penalty
s. 36(1)	$400
s. 37(1)	$200
s. 38(1)	$200
s. 38(2)	$200
s. 38(3)	$400
s. 41(1)(a)	$200
s. 41(1)(b)	$200
s. 41(2)	$200
s. 42(1)(a)	$400
s. 42(1)(b)	$400
s. 42(2)(a)	$400
s. 42(2)(b)	$400

Part 3 — Other offences

[Heading inserted: SL 2025/194 r. 46.]

Provision of the Settlement Agents Act 1981	Modified Penalty
s. 41B	$1 000
Provision of the Settlement Agents Regulations 1982	Modified Penalty
r. 4K(1)	$200
r. 4K(4)	$200

[Schedule 5 inserted: Gazette 23 Dec 2008 p. 5470; amended: SL 2020/259 r. 10; SL 2025/194 r. 46.]

Schedule 6 — Forms

[r. 16]

[Heading inserted: Gazette 22 Sep 2006 p. 4132.]

Form 1 — Infringement notice

Settlement Agents Act 1981Infringement notice Infringement notice no.
Alleged offender Name: Family name
Given names
or Company name ____________________________________ ACN
Address ________________________________________________ Postcode
Alleged offence Description of offence ____________________________________
Settlement Agents Act 1981 s.
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 — Settlement Agents Act 1981’) to: Approved Officer — Settlement Agents Act 1981 Department of Local Government, Industry Regulation and Safety — Consumer Protection Division Locked Bag 14 Cloisters Square Perth WA 6850 In person: Pay the cashier at: Department of Local Government, Industry Regulation and Safety — Consumer Protection Division [street address to be inserted]
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 1 inserted: Gazette 22 Sep 2006 p. 4132; amended: Gazette 30 Jun 2011 p. 2678; 20 Aug 2013 p. 3841; 18 Nov 2014 p. 4326; SL 2020/163 r. 50; SL 2020/259 r. 11; SL 2025/194 r. 47.]

Form 2 — Withdrawal of infringement notice

Settlement Agents Act 1981Withdrawal 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 _____________________________________
Settlement Agents Act 1981 s.
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 — Settlement Agents Act 1981Department of Local Government, Industry Regulation and Safety — Consumer Protection Division Locked Bag 14 Cloisters SquarePerth WA 6850Signature / /20

[Form 2 inserted: Gazette 22 Sep 2006 p. 4132‑3; amended: Gazette 30 Jun 2011 p. 2678; SL 2020/259 r. 12; SL 2025/194 r. 47.]

dline

Notes

This is a compilation of the Settlement Agents Regulations 1982 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

Citation	Published	Commencement
Settlement Agents Regulations 1982	19 Mar 1982 p. 886‑7	19 Mar 1982
Settlement Agents Amendment Regulations 1982	29 Oct 1982 p. 4323‑4	29 Oct 1982
Settlement Agents Amendment Regulations 1984	30 Mar 1984 p. 910 (erratum 6 Apr 1984 p. 998)	30 Mar 1984
Settlement Agents Amendment Regulations 1985	21 Jun 1985 p. 2263	21 Jun 1985
Settlement Agents Amendment Regulations 1986	13 Jun 1986 p. 1997	1 Jul 1986 (see r. 2)
Settlement Agents Amendment Regulations 1987	4 Sep 1987 p. 3519	4 Sep 1987
Settlement Agents Amendment Regulations 1988	2 Sep 1988 p. 3466	2 Sep 1988
Settlement Agents Amendment Regulations (No. 2) 1988	25 Nov 1988 p. 4761 (erratum 2 Dec 1988 p. 4799)	25 Nov 1988
Settlement Agents Amendment Regulations 1989	30 Jun 1989 p. 1970-1	1 Jul 1989 (see r. 2)
Settlement Agents Amendment Regulations 1990	1 Aug 1990 p. 3653	1 Aug 1990
Settlement Agents Amendment Regulations 1991	13 Dec 1991 p. 6161	13 Dec 1991
Settlement Agents Amendment Regulations 1992	14 Aug 1992 p. 4009	14 Aug 1992
Settlement Agents Amendment Regulations 1993	30 Nov 1993 p. 6407-8	30 Nov 1993
*Reprint of the Settlement Agents Regulations 1982* as at 9 Apr 1996** (includes amendments listed above)
Settlement Agents Amendment Regulations (No. 2) 1996	25 Jun 1996 p. 2925‑8	1 Jul 1996 (see r. 2 and Gazette 25 Jun 1996 p. 2902)
Settlement Agents Amendment Regulations 1996 3	2 Aug 1996 p. 3731‑2	2 Aug 1996
Settlement Agents Amendment Regulations (No. 3) 1996	30 Aug 1996 p. 4322	30 Aug 1996
Settlement Agents Amendment Regulations 1997	23 May 1997 p. 2419‑24	24 May 1997 (see r. 2 and Gazette 23 May 1997 p. 2417)
*Reprint of the Settlement Agents Regulations 1982* as at 12 Dec 1997** (includes amendments listed above)
Settlement Agents Amendment Regulations 2000	26 May 2000 p. 2525	26 Aug 2000 (see r. 2 and Gazette 26 May 2000 p. 2526)
Settlement Agents Amendment Regulations 2004	6 Apr 2004 p. 1131	6 Apr 2004
Settlement Agents Amendment Regulations (No. 2) 2004 4	15 Jun 2004 p. 2024‑6 (as amended 21 Jan 2005 p. 258 and 16 Jun 2006 p. 2122)	15 Jun 2004
Settlement Agents Amendment Regulations (No. 4) 2004	30 Dec 2004 p. 6927	1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130)
*Reprint 3: The Settlement Agents Regulations 1982* as at 18 Mar 2005** (includes amendments listed above)
Settlement Agents Amendment Regulations (No. 2) 2006	16 Jun 2006 p. 2121-2	16 Jun 2006
Settlement Agents Amendment Regulations (No. 3) 2006	27 Jun 2006 p. 2270-1	1 Jul 2006 (see r. 2)
Settlement Agents Amendment Regulations 2006	22 Sep 2006 p. 4130‑3	22 Sep 2006 (see r. 2(a))
Settlement Agents Amendment Regulations (No. 4) 2006	22 Dec 2006 p. 5807-8	1 Jan 2007 (see r. 2 and Gazette 8 Dec 2006 p. 5369)
Settlement Agents Amendment Regulations 2007	6 Feb 2007 p. 310	6 Feb 2007
Settlement Agents Amendment Regulations (No. 2) 2007	29 Jun 2007 p. 3187-8	r. 1 and 2: 29 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b))
Settlement Agents Amendment Regulations (No. 3) 2007	26 Oct 2007 p. 5651-2	r. 1 and 2: 26 Oct 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Oct 2007 (see r. 2(b))
Settlement Agents Amendment Regulations (No. 4) 2007	28 Dec 2007 p. 6407-11	r. 1 and 2: 28 Dec 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Dec 2007 (see r. 2(b))
*Reprint 4: The Settlement Agents Regulations 1982* as at 1 Feb 2008** (includes amendments listed above)
Settlement Agents Amendment Regulations 2008	17 Jun 2008 p. 2559-60	r. 1 and 2: 17 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b))
Settlement Agents Amendment Regulations (No. 2) 2008 5	23 Dec 2008 p. 5469‑70	r. 1 and 2: 23 Dec 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Dec 2008 (see r. 2(b))
Settlement Agents Amendment Regulations 2009	23 Jun 2009 p. 2455‑6	r. 1 and 2: 23 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2009 (see r. 2(b))
Settlement Agents Amendment Regulations 2010	25 Jun 2010 p. 2852‑3	r. 1 and 2: 25 Jun 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2010 (see r. 2(b))
*Reprint 5: The Settlement Agents Regulations 1982* as at 20 Aug 2010** (includes amendments listed above)
Settlement Agents Amendment Regulations 2011	22 Jun 2011 p. 2365-6	r. 1 and 2: 22 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b))
Settlement Agents Amendment Regulations (No. 2) 2011	30 Jun 2011 p. 2675-8	r. 1 and 2: 30 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b))
Settlement Agents Amendment Regulations (No. 2) 2012	15 Jun 2012 p. 2601-2	r. 1 and 2: 15 Jun 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2012 (see r. 2(b))
Settlement Agents Amendment Regulations 2012	11 Sep 2012 p. 4345-6	r. 1 and 2: 11 Sep 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Sep 2012 (see r. 2(b))
Settlement Agents Amendment Regulations (No. 3) 2013	27 Jun 2013 p. 2701-2	r. 1 and 2: 27 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b))
Settlement Agents Amendment Regulations 2013	20 Aug 2013 p. 3841	r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and Gazette 20 Aug 2013 p. 3815)
*Reprint 6: The Settlement Agents Regulations 1982* as at 20 Sep 2013** (includes amendments listed above)
Settlement Agents Amendment Regulations (No. 2) 2013	14 Nov 2013 p. 5067‑8	r. 1 and 2: 14 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Nov 2013 (see r. 2(b) and Gazette 14 Nov 2013 p. 5027)
Settlement Agents Amendment Regulations 2014	17 Jun 2014 p. 1978-9	r. 1 and 2: 17 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b))
Settlement Agents Amendment Regulations (No. 2) 2014	18 Nov 2014 p. 4325‑6	r. 1 and 2: 18 Nov 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Nov 2014 (see r. 2(b) and Gazette 18 Nov 2014 p. 4315)
Settlement Agents Amendment Regulations 2015	23 Jun 2015 p. 2185‑6	r. 1 and 2: 23 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b))
Commerce Regulations Amendment (Fees and Charges) Regulations 2016 Pt. 19	3 Jun 2016 p. 1745-73	1 Jul 2016 (see r. 2(b))
Settlement Agents Amendment Regulations 2016	4 Oct 2016 p. 4235-6	r. 1 and 2: 4 Oct 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Oct 2016 (see r. 2(b) and Gazette 4 Oct 2016 p. 4293)
*Reprint 7: The Settlement Agents Regulations 1982* as at 14 Oct 2016** (includes amendments listed above)
Commerce Regulations Amendment (Fees and Charges) Regulations 2017 Pt. 20	23 Jun 2017 p. 3213‑52	1 Jul 2017 (see r. 2(b))
Commerce and Industrial Relations Amendment (Fees and Charges) Regulations 2018 Pt. 20	25 Jun 2018 p. 2325‑53	1 Jul 2018 (see r. 2(b))
Commerce Regulations Amendment (Fees and Charges) Regulations 2019 Pt. 19	18 Jun 2019 p. 2077‑115	1 Jul 2019 (see r. 2(b))
Consumer Protection Regulations Amendment Regulations 2019 Pt. 6	24 Dec 2019 p. 4416‑20	1 Jan 2020 (see r. 2(b) and Gazette 24 Dec 2019 p. 4415)
Commerce Regulations Amendment (Strata Titles) Regulations 2019 Pt. 6	31 Dec 2019 p. 4637‑46	1 May 2020 (see r. 2(b) and SL 2020/39 cl. 2)
Commerce Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 25	SL 2020/163 25 Sep 2020	29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a))
Commerce Regulations Amendment (COVID‑19 Response) Regulations (No. 2) 2020 Pt. 17	SL 2020/196 27 Oct 2020	28 Oct 2020 (see r. 2(b))
Settlement Agents Amendment Regulations 2020	SL 2020/259 24 Dec 2020	r. 1 and 2: 24 Dec 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2021 (see r. 2(b))
Commerce Regulations Amendment (Community Titles) Regulations 2021 Pt. 8	SL 2021/71 18 Jun 2021	30 Jun 2021 (see r. 2(b) and SL 2021/69 cl. 2)
Commerce Regulations Amendment (Fees and Charges) Regulations 2021 Pt. 20	SL 2021/86 21 Jun 2021	1 Jul 2021 (see r. 2(b))
Settlement Agents Amendment Regulations 2021	SL 2021/202 3 Dec 2021	r. 1 and 2: 3 Dec 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Dec 2021 (see r. 2(b))
Commerce Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 17	SL 2022/59 20 May 2022	1 Jul 2022 (see r. 2(b))
Commerce Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 17	SL 2023/35 5 May 2023	1 Jul 2023 (see r. 2(b))
Commerce Regulations Amendment (Transfer of Land) Regulations 2023 Pt. 3	SL 2023/116 26 Jul 2023	7 Aug 2023 (see r. 2(b))
Commerce Regulations Amendment (Fees and Charges) Regulations 2024 Pt. 17	SL 2024/96 12 Jun 2024	1 Jul 2024 (see r. 2(c))
Commerce Regulations Amendment (Fees and Charges) Regulations 2025 Pt. 18	SL 2025/89 11 Jun 2025	1 Jul 2025 (see r. 2(b))
Commerce Regulations Amendment (Real Estate, Business and Settlement Agents) Regulations 2025 Pt. 3	SL 2025/194 26 Nov 2025	r. 26, 35 and 44: 27 Nov 2025 (see r. 2(b)); r. 27-34, 36-43 and 45-47: 1 Jan 2026 (see r. 2(c))

Other notes

1 Schedule 2 clause 2(fa) was deleted by the Personal Property Securities (Consequential Repeals and Amendments) Act 2011 s. 59.

2 Repealed by the Personal Property Securities (Consequential Repeals and Amendments) Act 2011 s. 32(1).

3 These regulations were in place of the Settlement Agents Amendment Regulations 1996 published in Gazette 5 Jul 1996 p. 3224‑5.
Those regulations were published in the Gazette after the day on which they purported to commence (1 Jul 1996 — see proclamation published in Gazette 1 Jul 1996 p. 3179 fixing 1 Jul 1996 as the day on which Part 9 of the Business Licensing Amendment Act 1995 came into operation).

4 The Settlement Agents Amendment Regulations (No. 2) 2004 r. 4 (as amended in Gazette 21 Jan 2005 p. 258 and 16 Jun 2006 p. 2122) reads as follows:

Transitional

Despite the repeal effected by regulation 3, in relation to an application for a licence made under Part III of the Act before 1 July 2007, a person is taken to have passed the examinations prescribed for the purposes of clause 1(1)(a) or 2(1)(a) of Schedule 1 to the Act if the person has passed the examinations —

(a) prescribed by the repealed regulation 6; or

(b) required to be passed for the conferring by a college (within the meaning of the Vocational Education and Training Act 1996) of —

(i) a Certificate in Settlement Agency Procedure; or

(ii) a Certificate IV in Conveyancing.

[Regulation 4 amended: Gazette 21 Jan 2005 p. 258; 16 Jun 2006 p. 2122.]

5 The Settlement Agents Amendment Regulations (No. 2) 2008 were published on 23 Dec 2008 p. 5469‑70 and again on 30 Dec 2008 p. 5640-1. The publication of 30 Dec 2008 has no 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 4C(1)

approved CPD provider 2

approved CPD topic 2

commencement day 18(1), 19(1)

Commissioner’s website 2

CPD activity 2

CPD subject 2

CPD year 2

educational activity 2

former regulation 4C 18(1)

holding fee 4A(1)

mandatory CPD topic 2

money record 6F(1A)

point 2, 4D(1)

point value 2

public training provider 6(1)

registered training provider 6(1)

relevant bank accepted bills rate 6D(2)

required number of points 2

topic 2

working day 2

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.

By Authority: ROGER JACOBS, Acting Government Printer

Western Australia

Settlement Agents Act 1981

Settlement Agents Regulations 1982

Western Australia

Settlement Agents Regulations 1982

Contents

Part 1 — Preliminary

Citation 1
Terms used 1

Part 2 — Fees

Fees 4

4A. Holding fee 4

Part 3 — Educational requirements

4B. Educational requirements (Act s. 41B) 6

4C. Exemption from educational requirements 7

4D. CPD points 8

4F. Approval of CPD providers 9

4G. Approval of CPD topics 9

4H. Mandatory CPD topic for CPD year 10

4I. CPD content 11

4J. CPD records: providers 11

4K. CPD records: licensees 12

Part 4 — Licensing of settlement agents

Prescribed examinations 13

Part 5 — General controls

6AA. Information to be included in appointment to act as settlement agent (Act s. 43(2)(a)) 14

Part 6 — Trust accounts

6A. Definition of authorised financial institution — prescribed classes (Act s. 48) 15

6B. Designation of trust accounts (Act s. 49(1)) 15

6C. Prescribed requirements for separate accounts (Act s. 49A(4)) 16

6D. Interest payable on trust accounts (Act s. 49B(1)) 16

6E. Content of receipts (Act s. 50(1)(a)) 17

6F. Records under Act s. 50(1)(b) 17

Part 7 — Miscellaneous

Particulars to be included in registers (Act s. 110(2)) 19
Recovery of fees and costs 21
Settlement Agents Interest Account (Act s. 105) 21
Claims against Fidelity Guarantee Account 21
Documents that real estate settlement agent may draw etc. 22
Documents that business settlement agent may draw etc. 22

12A. Power of attorney 22

Warning notice by certain exempted persons 22
Absence of licensee 23

The Regulations organise the regulatory regime around a small number of recurring concepts that determine licence eligibility, ongoing competence, fiduciary handling of client funds, and enforceability.

CPD architecture

CPD year, subjects and points: A CPD year runs from 1 April to 31 March (reg 2). The Regulations define three CPD subjects , ethics or professional responsibility, professional skills, legal requirements (reg 2). Individual licensees must complete CPD activities totalling at least 5 points per CPD year (reg 4B(1)), earning 1 point per hour of approved educational activity (reg 4D(1)). Each CPD subject must be represented by at least 1 point (reg 4B(1)(a)). The Commissioner may specify an approved topic as mandatory for a CPD year and set the number of points required in that topic (reg 4H).
Provider and topic approvals: CPD activities must be provided by an approved CPD provider (reg 2; 4F) and relate to an approved CPD topic (reg 2; 4G). The Commissioner maintains and publishes a list of approved providers and topics on the Commissioner’s website (reg 4F(6); 4G(3)). Providers must issue completion records within 14 days and retain them for 4 years (reg 4J).
Exemptions and transitional rules: Licensees may apply in the CPD year for total or partial exemption on specified grounds (disability, illness, other educational activity, undue hardship) and subject to conditions (reg 4C). Transitional rules allow certain pre‑commencement activities to count toward a new CPD year (reg 19).

Trust account controls

Authorised financial institutions: For the purposes of the Act’s definition, the prescribed classes are all banks and all societies (reg 6A).
Account designation and separate accounts: Trust accounts must carry the prescribed designations (reg 6B). A settlement agent is required to comply with a request to open a separate account only when the money paid exceeds $20,000 or the transaction will not be settled within 60 days (reg 6C).
Interest and records: Interest is payable at 70% of the relevant 30‑day bank accepted bills rate as published in Table F.1 of the Reserve Bank Bulletin for the month two months before the interest month; interest is to be paid within 5 working days of the end of each month (reg 6D). Receipts and money records must contain specified fields and be retained for set periods (reg 6E; 6F).

Document drafting scope

The Regulations prescribe the specific contracts, requisitions, and registration documents a real‑estate settlement agent may draw (Schedule 3), subject to conditions such as the restriction on drafting strata/community resolution documents and the condition that certain requisitions only apply to land registered under the Transfer of Land Act 1893 (reg 11(2); Schedule 3 Part C). Business settlement agents have a narrower permissible document set (Schedule 4).

Compliance and enforcement tools

Modified penalties and infringement notices: The Regulations nominate specific Act offences that attract infringement notices and a modified penalty schedule (reg 15; Schedule 5). They authorize the Commissioner to appoint authorised/approved officers and issue identification for officers who are to issue infringement notices (reg 15(3-4)).
Record production: The Commissioner may require production of CPD provider and licensee records (4J(5); 4K(3)), and there are monetary fines for failures to keep or produce CPD evidence (4K).

Administrative and fee mechanics

Fees for licence grants, renewals and duplicates are detailed in Schedule 1 (for example, grant of licence to an individual $1,060; renewal of triennial certificate $885) and timing rules for the holding fee are set out (reg 4A; Schedule 1 item 4).

The Regulations therefore operate as an administrative rulebook covering competence maintenance, fiduciary practice, documentation scope, administrative fees, record keeping and enforcement via modified penalties and infringement notices.

The Regulations allocate obligations and entitlements across identifiable groups; the text names who decides in several places.

Primary regulated persons

Licensees and holders of triennial certificates: Most operational requirements fall on individual licensees and holders of triennial certificates. They must meet CPD requirements (reg 4B-4K), maintain records and produce them on notice (reg 4K), operate and designate trust accounts correctly (reg 6B-6F), and ensure forms and documents meet the prescribed requirements (reg 11-12; Schedules 3-4). The register entries the Commissioner records pertain to each licensee and holder (reg 7).
Settlement agents acting in control of a business: A person in bona fide control of a licensed business must not be absent for more than 4 continuous weeks in a calendar year without written Commissioner approval (reg 14). That person decides whether the business will close or be run by another person during the absence (reg 14(2)) and must satisfy the Commissioner about outstanding obligations if seeking approval to close (reg 14(3)).

Service providers and institutions

Approved CPD providers: Entities or persons that wish to offer CPD activities must apply for approval (reg 4F). Approved providers must issue completion records and retain them for four years (reg 4J).
Financial institutions: Banks and societies are the prescribed classes of authorised financial institution for trust accounts (reg 6A); they are relevant insofar as settlement agents must hold trust accounts with institutions in those classes.
Public and registered training providers: The prescribed qualifying exams tie to definitions under the Vocational Education and Training Act 1996; the prescribed examinations are those required to complete an Advanced Diploma of Conveyancing or (for certain transitional applicants) a Diploma of Conveyancing (reg 6).

Regulatory decision‑makers

The Commissioner: The Regulations give the Commissioner multiple decision rights: approval or refusal of CPD providers (4F); approval of CPD topics and designation of mandatory topics (4G; 4H); grant or refusal of exemptions from CPD requirements (4C); requiring production of records (4J(5); 4K(3)); appointing authorised officers for infringement notices (15(3)); publishing approved lists on the Commissioner’s website (4F(6); 4G(3)); and specifying the information to be prescribed for appointment forms (6AA). These are explicit statutory powers in the Regulations.
Authorised/approved officers: The Commissioner may appoint persons authorised to issue infringement notices and must issue them identification (reg 15(3-4)). Those officers are the enforcement face of the Regulations under the Criminal Procedure Act 2004.

Third‑party claimants or beneficiaries

Clients and purchasers: The design of trust accounting and receipts (6E, 6F) aims to protect persons paying money to settlement agents; Schedule 2 warns that persons arranging settlements under exemptions do not have recourse to the Fidelity Guarantee Account.
The Crown: The Commissioner may sue to recover prescribed fees and certain court‑ordered costs on behalf of the Crown (reg 8).

Who pays and who decides

Licensees pay fees set in Schedule 1 (grants, renewals, holding fee; reg 4; 4A; Schedule 1).
Producers of CPD activities seek Commissioner approval to become approved providers (reg 4F), and the Commissioner decides approvals and publicises approved lists (reg 4F(2), 4F(6), 4G(3)).
The Commissioner decides exemptions, mandatory topics and conditions attached to approvals (reg 4C; 4H; 4F(5)).

Paths for behavioural change

Licensees must allocate time and cost to CPD, adapt record‑keeping systems to meet 4‑year retention rules (4J(4); 4K(2)), and possibly alter trust account practices to comply with designation, separate account triggers, interest payments and receipt contents (6B-6F). Approved CPD providers must maintain processes for issuing records, holding copies and responding to Commissioner notices (4J).

This section itemises the principal duties and rights the Regulations impose or permit, with the regulation citations that set them out.

Continuing professional development duties (reg 4B-4K)

Minimum CPD: Individual licensees must complete CPD activities totalling at least 5 points per CPD year; one point equals one hour of an approved CPD activity (reg 4B(1); 4D(1)). At least 1 point must relate to each CPD subject (ethics/professional responsibility; professional skills; legal requirements) (reg 4B(1); reg 2).
Mandatory topics: The Commissioner may specify an approved CPD topic as mandatory for a CPD year for all licensees or a class of licensees, specifying required points for that topic and publishing the notice before the CPD year begins (reg 4H(1)-(3)).
Exemptions: A licensee may apply in the CPD year for total or partial exemption; applications must be in the approved form and set out the basis; the Commissioner may grant exemptions for disability, illness, other educational activity or undue hardship and may attach conditions (reg 4C(1)-(6)).
Provider approval and obligations: Persons must apply in the approved form to be an approved CPD provider; the Commissioner may grant approvals for up to 3 years and publish approved providers (reg 4F(1)-(6)). Approved providers must give completion records to licensees within 14 days and keep copies for 4 years; the Commissioner may require production of those records (reg 4J(2)-(5)). Failure to comply with 4J may be considered when granting further approvals (4J(6)).
Licensee records and production: Licensees must keep evidence demonstrating compliance with educational requirements (including provider records) for 4 years after the CPD year (reg 4K(1)-(2)). They must produce evidence on Commissioner notice, unless they have a reasonable excuse; penalties for failing to keep or produce evidence are fines of $1,000 for the substantive duties (4K(1) penalty; 4K(4) penalty). Schedule 5 also lists r 4K(1) and r 4K(4) with modified penalties $200 each (Schedule 5 Part 3) , note both the statute penalties in reg 4K and the modified penalties in Schedule 5.

Trust‑account and money handling duties (reg 6A-6F)

Authorised financial institutions: Trust accounts must be held at prescribed classes: all banks and societies (reg 6A).
Account naming and TC number: Ordinary trust accounts must be designated “SA Trust Account,” include the holder’s name and business name as in the register, and include “TC” plus the triennial certificate number; separate accounts must be designated “SA Trust Account , IB”, include the holder name and “in trust for” the requester, and “TC” plus the triennial certificate number (reg 6B).
Separate accounts: Agents must only comply with requests for separate accounts where money paid exceeds $20,000 or the transaction will not settle within 60 days (reg 6C).
Interest and timing: Interest on the balance of a trust account is 70% of the 30‑day bank accepted bills rate as published in Table F.1 of the Reserve Bank Bulletin for the month two months prior, calculated daily and payable within 5 working days of month end (reg 6D(1)-(2)).
Receipts and money records: Receipts must include name, unique identifier, date, payer name, amount, brief purpose, and, if handwritten, the name of the person receiving the money evidenced by that person’s signature (reg 6E). Money records must be in writing, retained for at least six years from receipt, and readily accessible; where receipts were given, the money record must contain the same information and may be a duplicate receipt; electronic transfers require money record fields as in reg 6E(b)-(f) (reg 6F).

Document drafting rights and limits (reg 11-12; Schedules 3-4)

Real‑estate settlement agents may draw prescribed offer/acceptance forms (Schedule 3 Part A) and specified requisitions and registration documents listed in Schedule 3 Part B and C subject to conditions (reg 11(1)-(3)). A licensee must not draft resolutions of a strata or community corporation under the relevant Acts (Schedule 3 Part C).
Business settlement agents may draw documents listed in Schedule 4 (reg 12).

Administrative and enforcement powers (reg 7-9; 15)

Register particulars: The Commissioner records detailed particulars for licensees and holders of current triennial certificates in the registers (reg 7).
Recovery and application of funds: The Commissioner may sue to recover prescribed fees and court‑ordered costs on behalf of the Crown (reg 8). Moneys standing to the credit of the Interest Account are to be applied monthly before the end of each month (reg 9).
Fidelity claims: Claims against the Fidelity Guarantee Account must be made in writing and verified by statutory declaration (reg 10).
Infringements and appointments: The Commissioner may appoint authorised/approved officers to issue infringement notices and must issue them identifying documentation; the Regulations identify particular offences eligible for infringement notices and set modified penalties in Schedule 5 (reg 15).

Fee and timing duties (reg 4; 4A; Schedule 1)

Fees for grant and renewal of licences and for duplicate certificates are prescribed in Schedule 1 (reg 4; Schedule 1). The holding fee is payable on the dates set out in reg 4A(2) and partly refundable in specified circumstances (4A(3)).

Rights to seek decisions and remedies

Applicants may apply for CPD exemptions (4C(1)); approved providers may seek approval (4F(1)); contested enforcement can proceed under the Criminal Procedure Act 2004 (reg 15(1)). The Regulations also provide for the withdrawal of infringement notices (Schedule 6 Form 2).

The Regulations combine statute‑level fines, modified penalties for infringement notices, and administrative enforcement powers. The relevant mechanics are set out in reg 4K, reg 14, reg 15 and Schedule 5.

Monetary penalties and fines

Statutory fines: Regulation 4K prescribes fines of $1,000 for two obligations: a licensee’s failure to keep evidence demonstrating CPD compliance (4K(1)) and a licensee’s failure to produce such evidence when required (4K(4)). Regulation 14(1) prescribes a $100 penalty for a person in bona fide control of a business who is absent from that business for more than 4 continuous weeks in a calendar year without prior written Commissioner approval.
Modified penalties: Schedule 5 lists many provisions of the Act and the Regulations that attract modified penalties for infringement notices. For example, Schedule 5 Part 3 lists reg 4K(1) and 4K(4) with modified penalties of $200 each, and lists s 41B (the Act provision concerning educational requirements) with a modified penalty of $1,000. Part 1 and Part 2 of Schedule 5 list various Act sections with modified penalties (for instance, s 51(1) $600 in Part 1; s 36(1) $400 in Part 2). The modified penalty is the amount stated opposite the provision in Schedule 5 and is used for infringement notice disposal under the Criminal Procedure Act 2004 (reg 15(2)).

Infringement notice process and enforcement agents

Infringement capability: Regulation 15 expressly identifies that offences specified in Schedule 5 Parts 1-3 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004 (reg 15(1), (2A), (2B)). Regulation 15(2) confirms that the modified penalties in Schedule 5 are the amounts used for infringement notice purposes.
Authorised officers: The Commissioner may appoint persons or classes of persons to be authorised officers or approved officers for the purpose of issuing infringement notices (reg 15(3)). The Commissioner must issue identification (certificate, badge or identity card) to each authorised officer (reg 15(4)). The infringement notice form is prescribed (Schedule 6 Form 1).
Failure to pay and enforcement: The infringement notice form itself (Schedule 6 Form 1) warns that non‑payment within 28 days may lead to prosecution or enforcement action under the Fines, Penalties and Infringement Notices Enforcement Act 1994, listing possible enforcement consequences (Form 1 text).

Administrative enforcement and information powers

Record production: The Commissioner may require approved CPD providers and licensees to produce records (4J(5); 4K(3)). Failure to produce evidence is a penalised offence (4K(4) penalty and Schedule 5 listing).
Refusal of approvals and conditional grants: The Commissioner must give reasons for refusing to grant an approval to be a CPD provider (4F(5)); approvals have maximum 3‑year terms (4F(4)). Non‑compliance by providers in keeping records may affect future approvals (4J(6)).
Recovery of fees and costs: The Commissioner may sue to recover fees in courts of competent jurisdiction on behalf of the Crown (reg 8). Costs ordered by courts may be recovered by the person in whose favour costs are ordered (reg 8(2)).

Administrative discretion that affects enforcement

The Commissioner exercises discretion in granting CPD exemptions (4C(4-5)) and in specifying mandatory CPD topics and required points (4H(1-3)). That discretion affects the focus of enforcement (a mandatory topic is an enforceable point requirement).
The Commissioner decides whether a nominated person is suitable to conduct a licensed business during the absence of the person in bona fide control (reg 14(3)(b)).

Practical enforcement steps

Authorised officers issue infringement notices per reg 15, using Form 1 (Schedule 6).
The Commissioner can require production of evidence and may, independently or via authorised officers, pursue modified penalties or court action depending on whether the alleged offender elects prosecution or pays the modified penalty (Schedule 6 Form 1 text).
Fidelity Guarantee Account claims must be supported by statutory declaration (reg 10), a prerequisite for a claim to be considered.

The Regulations operate by reference to, and in conjunction with, multiple statutes and published materials. The text explicitly cross‑references several other laws and instruments; these are the concrete legal touchpoints.

Settlement Agents Act 1981

The Regulations implement and fill out many Act provisions; numerous regulations explicitly state their purpose is to prescribe requirements for specific Act sections (for example, 4B references Act s 41B; 6A references Act s 48; 6B references Act s 49(1); 6C references Act s 49A(4); 6D references Act s 49B(1); 6E references Act s 50(1)(a); 6F references Act s 50(1)(b); 6AA references Act s 43(2)(a); reg 7 references Act s 110(2); reg 9 references Act s 105). The Regulations therefore must be read with the Act to determine the full effect of duties and powers.

Other statutory instruments and Acts

Transfer of Land Act 1893: The Regulations condition many document‑drawing powers on the land being registered under the Transfer of Land Act (reg 11(2)). They prescribe the form of power of attorney as the Nineteenth Schedule of the Transfer of Land Act 1893 (reg 12A). Schedule 3 Part C lists Transfer of Land Act provisions and the authorised documents under those sections.
Strata Titles Act 1985 and Community Titles Act 2018: The Regulations permit certain documents to be prepared under those Acts (Schedule 3 Part C) but specifically prohibit drafting resolutions of a strata or community corporation (Schedule 3 Part C).
Vocational Education and Training Act 1996: The definitions of public training provider and registered training provider used in reg 6(1) are drawn from that Act and determine what examinations are prescribed for licence purposes.
Criminal Procedure Act 2004: The Regulations use the infringement notice machinery in the Criminal Procedure Act 2004 Part 2 (reg 15). The modified penalty mechanism refers to section 5(3) of the Criminal Procedure Act 2004 (reg 15(2)).
Fines, Penalties and Infringement Notices Enforcement Act 1994: The infringement notice form (Schedule 6 Form 1) references enforcement measures available under that Act for unpaid modified penalties.
Reserve Bank of Australia publications: The calculation of the interest rate payable on trust accounts is directly linked to the 30‑day bank accepted bills rate published in Table F.1 of the Reserve Bank Bulletin (reg 6D(2)). That external publication determines the numerical baseline for trust‑account interest.
Water Services Act 2012 and other statutes: Schedule 3 Part B item 5 lists statutes (Environmental Protection Act 1986; Heritage of Western Australia Act 1990; Local Government Act 1995; Water Services Act 2012; Public Works Act 1902; Retirement Villages Act 1992; Soil and Land Conservation Act 1945; Strata Titles Act 1985; Community Titles Act 2018) touching requisitions on title; Schedule 3 Part C permits withdrawal of memorial under Water Services Act 2012 s 128.

Transitional interplay and staged implementation

The compilation table and specific transitional regulations show staged changes across decades. Reg 18 adapts former reg 4C approvals into the new reg 4D framework for the 2020 changes. Reg 19 provides transitional counting rules for CPD activities completed in Jan-Mar 2026 toward the CPD year beginning 1 April 2026.

Administrative form and publication requirements

The Regulations require the Commissioner to publish approved CPD providers and approved CPD topics on the Commissioner’s website (reg 4F(6); 4G(3)). The definition of Commissioner’s website (reg 2) allows publication on a department website if no Commissioner website exists.

Mechanics of interaction

Where the Regulations prescribe the form of documents to be drawn or the professional education required, those prescriptions function operationally only when considered together with the Act’s substantive licensing, fidelity and professional conduct rules. For example, a licensee’s capacity to draw transfer forms under the Transfer of Land Act derives both from the Act’s Schedule 2 permissions and the Regulations’ specifications (reg 11; Schedule 3).

The compilation table in the Regulations contains a detailed chronological record of amendments from 1982 through the 2025 instrument series. The Regulations have been repeatedly amended; below are the concrete amendment milestones and the mechanics they introduced or preserved as recorded in the source.

Early and periodic amendments (1982-2007)

The Regulations were first published 19 March 1982. Amendments occurred regularly in the 1980s and 1990s, for example in 1984, 1985, 1986, 1987, 1988, 1989, 1990 and through the 1990s; those amendments are listed in the compilation table and are incorporated in reprints, e.g., reprint as at 9 April 1996 and reprint 3 as at 18 March 2005.
The 1996 amendments (SL 1996/?) introduced or updated trust‑account provisions (reg 6A, 6B, 6C, 6D, 6E, 6F entries reference Gazette 25 Jun 1996 p. 2925‑8). The 1996 instruments also included the holding fee mechanics (reg 4A inserted Gazette 2 Aug 1996).

Significant 2004-2016 changes

The 2004 series (multiple instruments) and 2006-2007 amendments updated document lists and the register particulars and added new enforcement and form provisions (see Gazette entries in compilation table). The 2006 and 2007 amendments inserted reg 9, reg 11 and Schedule 3 entries that prescribe documents and application forms.
The Settlement Agents Amendment Regulations 2016 introduced transitional prescription for appointment information (reg 17) and affected the Settlement Agents Code of Conduct cross‑references (Gazette 4 Oct 2016).

CPD and licensing modernisation (2020-2025)

The 2020 Settlement Agents Amendment Regulations (SL 2020/259) introduced a CPD framework overhaul that was later consolidated and expanded in the 2025 instrument series (SL 2025/194). The 2020 amendment also included reg 18 transitional provision converting former approvals into the new framework for 2020.
The 2021 and 2023 amendments updated document schedules for community and strata titles (SL 2021/71; SL 2023/116).
The 2024 and 2025 fee instruments (SL 2024/96; SL 2025/89) updated Schedule 1 fee amounts; the compilation table shows fee amendments effective 1 July in the years noted.
The Commerce Regulations Amendment (Real Estate, Business and Settlement Agents) Regulations 2025 (SL 2025/194) are a major recent update with multiple insertions: a new cluster of CPD regulations (reg 4B-4K), revamping provider approval, topic approval and record‑keeping obligations (reg 4F-4K) and inserting numerous transitional provisions (reg 19). Many of these provisions are identified as coming into force 1 January 2026 (see compilation table and reg 19).

Specific insertions and deletions recorded in the compilation table

The compilation table records insertion and deletion of numbered regulations over time (for example, reg 3 deleted 30 June 2011; reg 4AA deleted SL 2021/86 r. 68; reg 4E deleted SL 2025/194 r. 34). It also records when particular regulations were reinserted or replaced as a consequence of broader regulatory reform.

Practical implication of the amendment history

The Regulations have been maintained iteratively: trust‑account detail and document‑scope rules date from the 1990s with later statutory polishing, while the modern CPD, provider approval and public listing architecture is the outcome of the 2020-2025 amendment tranche (see regs 4B-4K and reg 19 transitional provisions). Fee schedules have been adjusted periodically via commerce/fees instruments (compilation table entries for 2016, 2017, 2018, 2019, 2021, 2023, 2024, 2025).

Readers should consult the compilation table at the back of the Regulations for the authoritative list of amending instruments and their commencement dates; reg 19 indicates that several CPD changes commence 1 January 2026.

The Regulations as compiled do not cite or refer to court decisions or litigation. The instrument text and the compilation table list amending regulations, prescribed forms, offences, and modified penalties, but do not include any reported judicial decisions, tribunal findings or litigation outcomes.

What the text shows instead is an administrative enforcement design that relies on:

infringement notices under the Criminal Procedure Act 2004 for many specified contraventions (reg 15; Schedule 5),
potential court recovery actions for fees and costs by the Commissioner for amounts prescribed in the Regulations (reg 8),
use of statutory declarations as evidence in claims against the Fidelity Guarantee Account (reg 10).

Because the Regulations are an administrative/operational instrument, disputes in practice are likely to arise under the Act (licensing decisions, disciplinary processes, fidelity claims, civil recovery) or from prosecution of offences; however, the Regulations themselves record no cases. Practitioners should therefore search court and tribunal databases and the Commissioner’s enforcement notices or determinations for any litigation that interprets or applies specific provisions of the Regulations in particular factual circumstances.

This section lists practical pitfalls, traps for the unwary and areas where regulatory mechanics may produce unexpected outcomes. Each item links to the regulation that creates the effect.

CPD counting and evidence

Minimum hours, subjects and point conversion: One point equals one hour (reg 4D(1)), and the minimum for individuals is 5 points per CPD year with at least 1 point in each CPD subject (reg 4B(1)). A licence‑holder who assumes that any training counts should check that the activity is both provided by an approved CPD provider and relates to an approved CPD topic (reg 2; 4F; 4G). If a licensee completes an activity that is not by an approved provider or not on an approved topic, the hours will not count.
Record retention and production risk: Approved CPD providers must give records within 14 days and retain them for 4 years (reg 4J(2), (3), (4)). Licensees must retain evidence for 4 years (4K(2)) and produce it on a Commissioner’s notice unless they have a reasonable excuse (4K(3)-(4)). There is a statutory fine of $1,000 for failing to keep or produce evidence (4K(1), 4K(4)). Separately, Schedule 5 lists modified penalties for r 4K(1) and r 4K(4) at $200 (Schedule 5 Part 3) , practitioners should note both the statutory penalty provisions and the modified penalty schedule.
Transitional timing window: If an individual becomes a licensee between 1 June and 31 December, the required combined point value is pro‑rated per the schedule in reg 4B(3) and the rule that subject and mandatory topic requirements apply only to the extent practicable (reg 4B(3)(a)-(b)). Misinterpreting the prorata table can result in under‑ or over‑compliance.

CPD design incentives and mandatory topics

Commissioner discretion in mandatory topics: The Commissioner may specify a mandatory CPD topic for a CPD year and set the number of points required (reg 4H). This gives the Commissioner capacity to focus training on specific issues; licensees cannot rely on the default 5‑point rule where a mandatory topic with extra points is specified. The mandatory topic notice must be published before the start of the CPD year (4H(3)), so staying current with Commissioner notices is essential.

Separate trust accounts and thresholds

Thresholds for separate account requests: A settlement agent need only comply with a request for a separate account where money exceeds $20,000 or settlement is not within 60 days (reg 6C). Clients requesting separate accounts below $20,000 or for short‑settlement transactions may be refused under the regulation; agents must be able to evidence compliance with reg 6C if challenged.
Designation requirements and TC numbers: Trust accounts must include the exact prescribed wording and the TC number from the register (reg 6B). Failure to include the required designations could be a breach of the Act/regulatory requirements (reg 6B cross‑ref Act s 49(1)) and could affect reconciliation and audit.

Interest calculation complexity

Interest rate linkage to RBA Bulletin: Interest is 70% of the 30‑day bank accepted bills rate in Table F.1 of the Reserve Bank Bulletin for the month two months before (reg 6D(1)-(2)). Agents must operationalise the lookup and calculation, including daily calculation and timely monthly payments within 5 working days of month end (6D(1)(b)). Missing payments or incorrect calculations create reconciling issues and possible compliance risk.

Document drafting scope limits

Prohibited drafting of resolutions: Licensees may prepare many documents under the Strata Titles Act 1985 and Community Titles Act 2018, but must not draft resolutions of a strata or community corporation (Schedule 3 Part C). Practitioners must not assume permission to prepare every document associated with those Acts.
Requisitions limited to Torrens land: Requisitions on title in Schedule 3 Part B are only to be issued in respect of land registered under the Transfer of Land Act 1893 (reg 11(2)). Using those requisitions for dealings in other systems (e.g., old system land) could be procedurally improper.

Fees, holding fee timing and partial refund mechanics

Holding fee timing and refunds: The holding fee is due on or before 60 days after ceasing to hold a current triennial certificate, then every 3 years at the timings in reg 4A(2). Partial refunds to a licensee who is later granted a triennial certificate are specified (4A(3)). Licensees who misunderstand the timing or refund triggers may face unnecessary penalties or miss refund entitlements.

Infringement notices and prosecution choices

Choice and consequences: An alleged offender may elect court prosecution rather than paying modified penalties (Schedule 6 Form 1). If they do not pay, enforcement under the Fines, Penalties and Infringement Notices Enforcement Act 1994 is possible (Form 1). The Commissioner issues authorised officers who can issue notices (reg 15(3-4)). Practitioners advising clients should be aware of the administrative options and enforcement consequences.

Record‑keeping retention mismatches

Different retention periods: Money records must be kept for not less than six years (reg 6F(1)(b)), while CPD records are retained for 4 years (4J(4); 4K(2)). Practices must accommodate both periods and ensure appropriate archival procedures.

Fidelity claims

Statutory declaration requirement: Any claim against the Fidelity Guarantee Account must be verified by statutory declaration by a person swearing to facts from their own knowledge (reg 10). Claims lacking that formality risk being rejected on procedural grounds.

This section provides concrete, actionable steps for licensees, triennial certificate holders, CPD providers and authorised officers to meet the Regulations’ requirements. Each step references the relevant regulation.

For individual licensees (CPD and records)

Map required CPD: For each CPD year (1 April-31 March, reg 2), plan to complete at least 5 points (hours) of approved CPD activities, ensuring at least 1 point in each CPD subject: ethics/professional responsibility, professional skills, legal requirements (reg 4B(1); reg 2).
Check the Commissioner’s notices: Before undertaking activities, confirm the Commissioner’s list of approved CPD providers and approved CPD topics on the Commissioner’s website (reg 4F(6); 4G(3)) and check whether a mandatory CPD topic has been specified with a point requirement for the CPD year (reg 4H(1)-(3)).
Keep and obtain records: Ensure you receive a completion record from each approved provider within 14 days of activity completion and retain those records for 4 years (reg 4J(2)-(4); 4K(2)). Maintain an organised folder (electronic or paper) with timestamps to respond to any Commissioner notice requiring production (reg 4K(3)).
Apply for exemption if necessary: If you cannot meet requirements for the CPD year, apply to the Commissioner in the approved form within that CPD year, setting out whether the exemption sought is total or partial and the grounds (disability, illness, other education, undue hardship) (reg 4C(1)-(4)).
Record‑keeping compliance: Maintain evidentiary documentation (provider records, receipts, assessments) for 4 years after the CPD year and be prepared to produce them on a Commissioner notice; note the statutory fines if you do not (reg 4K(1)-(4)).

For CPD providers

Seek approval: Apply in the approved form to the Commissioner to be an approved CPD provider (reg 4F(1)). Ensure documentation sets out practical and academic qualifications the provider relies upon (4F(3)).
Maintain delivery and record systems: Issue completion records to participants within 14 days of completion (4J(2)-(3)). Retain copies for 4 years and be prepared to produce them on Commissioner notice (4J(4)-(5)). Non‑compliance may affect renewal of approval (4J(6)).
Align content with approved topics and content standards: Ensure educational activities are on approved topics and meet the content test in reg 4I (significant intellectual or practical content, deals primarily with licensee work, extends knowledge/skills relevant to obligations/skills/business needs).

For settlement agents handling client funds

Choose authorised institutions: Hold trust accounts only with bodies in the prescribed classes (all banks and all societies) (reg 6A).
Name accounts per the Regulations: Designate ordinary trust accounts “SA Trust Account”, include the holder’s name/business name recorded in the register and the letters “TC” plus the triennial certificate number; designate separate accounts “SA Trust Account , IB” and include “in trust for” the requesting person (reg 6B).
Use separate accounts only when required: Only open a separate account if the amount exceeds $20,000 or settlement is not within 60 days (reg 6C). Maintain written criteria and client communications evidencing the decision.
Calculate and pay interest correctly: Implement a monthly process to obtain the relevant 30‑day bank accepted bills rate from Table F.1 of the Reserve Bank Bulletin for the month two months prior, calculate 70% of that rate on a daily basis and pay interest within 5 working days after month end (reg 6D(1)-(2)). Keep an audit trail of calculations, rate source and payment dates.
Receipt and money record systems: Issue receipts containing all fields in reg 6E; ensure money records are in writing, readily accessible and retained for at least six years (reg 6F(1)). For electronic transfers, include the prescribed money record fields (6F(3)).

For holders of triennial certificates and those operating licensed businesses

Maintain register accuracy: Ensure that the name, business name, registered office, branch offices, licence numbers, insurance policy number and auditor name/address are up to date for registration particulars (reg 7(b)(i)-(xiii)).
Manage absences: If the person in bona fide control plans to be absent for more than 4 continuous weeks in a year, seek prior written Commissioner approval and state whether the business will close or be conducted by another person; secure any required suitability approvals for the substitute (reg 14(1)-(3)). Keep approval documentation onsite.
Fees and holding fee compliance: Pay grant/renewal fees and the holding fee on the timelines in reg 4 and reg 4A; maintain records of payment and be aware of partial refund rules in reg 4A(3) if applying for a triennial certificate after paying the holding fee.

For document drafting and lodgements

Use prescribed forms for offers and acceptances: For real estate, use the prescribed Contract for Sale of Land by Offer and Acceptance or the relevant strata/community forms listed in Schedule 3 Part A (reg 11(1)). Monitor any revisions to the forms.
Observe limits: Do not draft resolutions for strata/community corporations (Schedule 3 Part C). Use the requisitions on title only for land registered under the Transfer of Land Act 1893 when required (reg 11(2)).
For business settlement agents: Limit document drafting to those listed in Schedule 4 and consult reg 12 for scope.

For enforcement officers and Commissioner’s staff

Appointments and identification: Appoint authorised officers in writing and issue certificates, badges or identity cards (reg 15(3-4)). Maintain a public list of authorised officers and training for issuing infringement notices.
Use infringement notices consistently: Apply Schedule 5 modified penalties to the corresponding provisions and follow the Criminal Procedure Act 2004 Part 2 process (reg 15). Keep copies of issued and withdrawn notices and follow Form 2 procedure for withdrawals (Schedule 6 Form 2).

Record retention calendars and audit routines

Implement a calendar that tracks CPD year boundaries (1 April-31 March), CPD activity record retention for 4 years, money record retention for 6 years, and monthly trust interest calculations and payments within 5 working days of month end (reg 4B; 4J; 4K; 6F; 6D). Ensure internal audits reconcile the TC number use on accounts to the register entries (reg 6B; reg 7).

Practical checklists (short)

Licensee pre‑audit checklist: Are your CPD provider records on hand (issued within 14 days)? Do you have at least 5 points for the CPD year, with one hour in each subject? Can you produce provider records for the last 4 years? (reg 4B; 4D; 4J; 4K)
Trust account operational checklist: Does account title include "SA Trust Account" and "TC" number? Is separate account used only when >$20,000 or sale >60 days? Are interest payments calculated to the RBA Table F.1 rate and paid monthly? Are money records retained 6 years? (regs 6A-6F)

By following the steps above, aligning internal systems to the specific retention periods and naming conventions, and monitoring Commissioner notices for approved providers and mandatory topics, regulated entities can reduce the incidence of compliance failures and the risk of infringement notices.

Deep Dive

What it does

Current sections