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
(c) meets the requirements of regulation 4I;
CPD subject means any of the following subjects —
(a) ethics or professional responsibility;
(b) professional skills;
(c) legal requirements;
CPD year means a year beginning on 1 April and ending on 31 March;
educational activity —
(a) means an activity that is —
(i) delivered in person, electronically or by audio or audiovisual means; or
(ii) a recording;
and
(b) includes —
(i) a course of study; and
(ii) the successful completion of any assessment required by the activity;
mandatory CPD topic, for a 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);
register means the register referred to in regulation 7(b);
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;
or
(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
(c) be in the approved form.
[(3) deleted]
(4) The Commissioner may grant the applicant the exemption if, during the CPD year to which the application relates, the applicant —
(a) has a disability or is affected by illness or injury; or
(b) has undertaken other educational or professional activities; or
(c) would suffer undue hardship if required to comply with the educational requirements.
(5) The Commissioner may grant the exemption subject to conditions.
(6) The Commissioner must give the applicant a notice in writing setting out —
(a) the Commissioner’s decision on the application; and
(b) if the decision is to grant the exemption —
(i) whether the exemption is a total or partial exemption; and
(ii) if the exemption is a partial exemption — the educational requirements the applicant must comply with; and
(iii) any conditions to which the exemption is subject.
[Regulation 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
(c) instances of non‑compliance or suspected non‑compliance in connection with the topic.
(3) The notice under subregulation (1) must —
(a) specify the number of CPD points required to be earned in relation to the mandatory CPD topic; and
(b) be published on the Commissioner’s website before the beginning of the CPD year to which it relates.
[Regulation 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
(c) the letters “TC” followed by the triennial certificate number recorded in the register.
(3) The designation of a separate account is to include —
(a) the description “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
(c) the words “in trust for” followed by the name of the person who requested the separate account; and
(d) the letters “TC” followed by the triennial certificate number recorded in the register.
[Regulation 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
(c) the date on which the money is received; and
(d) the name of the person paying the money; and
(e) the amount of money received; and
(f) a brief description of the purpose of the payment; and
(g) if the receipt is hand‑written, the name of the person receiving the money evidenced by the signature of that person.
[Regulation 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
(c) readily accessible.
(2) Where a receipt has been given for money received, a money record must contain the information contained in the receipt and may take the form of a duplicate copy of the receipt.
(3) Where money has been received by electronic transfer, a money record must contain the information specified in regulation 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]
(c) any costs ordered by a court or tribunal to be paid to the Commissioner upon the determination of any proceedings,
may be sued for and recovered by the Commissioner on behalf of the Crown in any court of competent jurisdiction.
(2) Where, upon the determination of any proceedings, a court or tribunal makes an order for costs in favour of a person other than the Commissioner, the amount of those costs may be sued for by that person and recovered from the person against whom the order is made, in any court of competent jurisdiction.
[Regulation 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;
(c) Environmental Protection Act 1986;
(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;
(c) an application to amend the Register as to the name of a registered proprietor;
(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.]
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 payBy 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
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.
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.]
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.