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This is a Bill, not an Act. For current law, see the Acts databases.


CONSUMER PROTECTION LEGISLATION AMENDMENT BILL 2018

Consumer Protection Legislation Amendment
                 Bill 2018

                           Contents

         Part 1 -- Preliminary
  1.     Short title                                          2
  2.     Commencement                                         2
         Part 2 -- Auction Sales Act 1973
              amended
  3.     Act amended                                          3
  4.     Section 28 amended                                   3
  5.     Section 35 amended                                   3
  6.     Various provisions amended                           3
  7.     Various penalties amended                            4
         Part 3 -- Charitable Collections
              Act 1946 amended
  8.     Act amended                                          5
  9.     Section 5 amended                                    5
  10 .   Section 6 amended                                    5
  11 .   Section 8 amended                                    5
  12 .   Section 9 amended                                    6
  13 .   Section 11 amended                                   6
  14 .   Section 12 amended                                   6
  15 .   Section 13 amended                                   7
  16 .   Section 15 amended                                   7
  17 .   Section 18 deleted                                   9
  18 .   Section 19 amended                                   9
  19 .   Section 20A inserted                                 9
         20A.     Powers of investigation               9
  20 .   Section 22 inserted                                 10
         22.      Transitional provision for Consumer
                  Protection Legislation Amendment
                  Act 2018                              10




                               96--2                          page i
Consumer Protection Legislation Amendment Bill 2018



Contents



             Part 4 -- Debt Collectors Licensing
                  Act 1964 amended
      21 .   Act amended                                           11
      22 .   Section 14 amended                                    11
      23 .   Section 17 amended                                    11
      24 .   Section 22 deleted                                    11
      25 .   Various provisions amended                            11
      26 .   Various penalties amended                             12
             Part 5 -- Fair Trading Act 2010
                  amended
      27 .   Act amended                                           13
      28 .   Section 88E amended                                   13
      29 .   Schedule 2 amended                                    13
             Part 6 -- Home Building Contracts
                  Act 1991 amended
      30 .   Act amended                                           14
      31 .   Section 25B amended                                   14
      32 .   Section 25D amended                                   14
             Part 7 -- Land Valuers Licensing
                  Act 1978 amended
      33 .   Act amended                                           17
      34 .   Section 20 deleted                                    17
      35 .   Section 22 amended                                    17
      36 .   Section 33A inserted                                  17
             33A.     Offence of giving false or misleading
                      information                             17
      37 .   Various penalties amended                             18
             Part 8 -- Real Estate and Business
                  Agents Act 1978 amended
      38 .   Act amended                                           19
      39 .   Section 4 amended                                     19
      40 .   Section 26 amended                                    19
      41 .   Section 27 amended                                    20
      42 .   Section 29 amended                                    20
      43 .   Section 30 amended                                    21


page ii
              Consumer Protection Legislation Amendment Bill 2018



                                                                     Contents



44 .   Section 31 amended                                               21
45 .   Section 32 amended                                               21
46 .   Section 33 amended                                               22
47 .   Section 34 replaced                                              24
       34.       Conditions on licences and triennial
                 certificates                                   24
       34AA.     Imposing special conditions on licences or
                 triennial certificates                         24
       34AB.     Removing special conditions on licences
                 or triennial certificates                      25
48 .   Sections 34C and 34D inserted                                    26
       34C.      Licensee may surrender licence and
                 triennial certificate                          26
       34D.      Firm or body corporate must surrender
                 licence and triennial certificate in certain
                 circumstances                                  27
49 .   Section 40B inserted                                             27
       40B.      Licensee to comply with prescribed
                 educational requirements                       27
50 .   Section 48 amended                                               28
51 .   Section 50 replaced                                              28
       50.       Conditions on certificates of registration     28
       50AA.     Imposing special conditions on certificates
                 of registration                                28
       50AB.     Removing special conditions on
                 certificates of registration                   30
52 .   Section 50C inserted                                             31
       50C.      Sales representative to comply with
                 prescribed educational requirements            31
53 .   Section 84 amended                                               32
54 .   Section 100A amended                                             32
55 .   Section 102 amended                                              32
56 .   Section 103 amended                                              33
57 .   Section 116 amended                                              33
58 .   Section 131L amended                                             34
59 .   Section 134A amended                                             34
60 .   Section 136A amended                                             35
61 .   Schedule 1 clause 1 amended                                      35
62 .   Various penalties amended                                        36
       Part 9 -- Residential Tenancies
            Act 1987 amended
63 .   Act amended                                                      37
64 .   Section 3 amended                                                37

                                                                      page iii
Consumer Protection Legislation Amendment Bill 2018



Contents



      65 .   Section 22 amended                                           37
      66 .   Section 38 amended                                           38
      67 .   Section 47 amended                                           38
      68 .   Section 49A amended                                          40
      69 .   Section 73 amended                                           43
      70 .   Section 82B amended                                          43
      71 .   Part 8 inserted                                              44
             Part 8 -- Transitional provision relating to the
                    Consumer Protection Legislation Amendment
                    Act 2018
             98.      Application of s. 49A to residential tenancy
                      agreements and utility charges                 44

             Part 10 -- Settlement Agents Act 1981
                  amended
      72 .   Act amended                                                  45
      73 .   Section 4 amended                                            45
      74 .   Section 26 amended                                           45
      75 .   Section 27 amended                                           45
      76 .   Section 30 amended                                           46
      77 .   Section 31 amended                                           46
      78 .   Section 32 amended                                           47
      79 .   Section 33 amended                                           48
      80 .   Section 34 replaced                                          49
             34.      Conditions on licences and triennial
                      certificates                                   49
             34AA.    Imposing special conditions on licences or
                      triennial certificates                         49
             34AB.    Removing special conditions on licences
                      or triennial certificates                      51
      81 .   Sections 34C and 34D inserted                                52
             34C.     Licensee may surrender licence and
                      triennial certificate                          52
             34D.     Firm or body corporate must surrender
                      licence and triennial certificate in certain
                      circumstances                                  52
      82 .   Section 41B inserted                                         53
             41B.     Licensee to comply with prescribed
                      educational requirements                       53
      83 .   Section 65 amended                                           53
      84 .   Section 81A amended                                          53
      85 .   Section 83 amended                                           54
      86 .   Section 93 amended                                           54

page iv
           Consumer Protection Legislation Amendment Bill 2018



                                                      Contents



87 .   Section 111A amended                             55
88 .   Various penalties amended                        56
       Part 11 -- Street Collections
            (Regulation) Act 1940 amended
89 .   Act amended                                      57
90 .   Section 2 amended                                57
91 .   Section 3 amended                                57
92 .   Section 6 amended                                58
93 .   Section 7 amended                                58
94 .   Section 8 deleted                                58




                                                       page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY

              (As amended during consideration in detail)

  Consumer Protection Legislation Amendment
                   Bill 2018

                               A Bill for


An Act to amend --
 the Auction Sales Act 1973; and
 the Charitable Collections Act 1946; and
 the Debt Collectors Licensing Act 1964; and
 the Fair Trading Act 2010; and
 the Home Building Contracts Act 1991; and
 the Land Valuers Licensing Act 1978; and
 the Real Estate and Business Agents Act 1978; and
 the Residential Tenancies Act 1987; and
 the Settlement Agents Act 1981; and
 the Street Collections (Regulation) Act 1940.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Consumer Protection Legislation Amendment Bill 2018
     Part 1        Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Consumer Protection Legislation Amendment
4             Act 2018.

5    2.       Commencement
6             This Act comes into operation as follows --
7              (a) Part 1 -- on the day on which this Act receives the
8                    Royal Assent;
9              (b) the rest of the Act -- on a day fixed by proclamation,
10                   and different days may be fixed for different provisions.




     page 2
                            Consumer Protection Legislation Amendment Bill 2018
                                  Auction Sales Act 1973 amended         Part 2

                                                                              s. 3



1               Part 2 -- Auction Sales Act 1973 amended
2    3.         Act amended
3               This Part amends the Auction Sales Act 1973.

4    4.         Section 28 amended
5         (1)   At the end of section 28(5) insert:
6

7                     Penalty for this subsection: a fine of $25 000.
8

9         (2)   Delete section 28(9).

10   5.         Section 35 amended
11              Delete section 35(1) and (2).

12   6.         Various provisions amended
13              At the end of the provisions listed in the Table insert:
14

15                    Penalty for this subsection: a fine of $25 000.
16

17                                          Table
                 s. 22(3)                       s. 23(1)

                 s. 24(1)                       s. 26(1) and (2)

                 s. 27(1)                       s. 29(2)

                 s. 31(1), (2), (3), (4), (6)
                 and (7)




                                                                           page 3
    Consumer Protection Legislation Amendment Bill 2018
    Part 2        Auction Sales Act 1973 amended

    s. 7



1   7.         Various penalties amended
2              Amend the provisions listed in the Table as set out in the Table.
3                                       Table
              Provision                Delete                   Insert

         s. 6(6)                Penalty: $500.          Penalty for this
                                                        subsection: a fine of
                                                        $50 000.

         s. 25(1)               Penalty: $1 000 or      Penalty for this
                                imprisonment for        subsection: a fine of
                                12 months.              $50 000 or
                                                        imprisonment for
                                                        12 months.

         s. 30(2)               Penalty: $500.          Penalty for this
                                                        subsection: a fine of
                                                        $10 000.

         s. 30(5)               Penalty: A fine of      Penalty for this
                                not more than           subsection: a fine of
                                $1 000, or              $50 000 or
                                imprisonment for a      imprisonment for
                                term of not more        12 months, or both.
                                than one year, or
                                both such fine and
                                imprisonment.




    page 4
                            Consumer Protection Legislation Amendment Bill 2018
                            Charitable Collections Act 1946 amended      Part 3

                                                                             s. 8



1          Part 3 -- Charitable Collections Act 1946 amended
2    8.          Act amended
3                This Part amends the Charitable Collections Act 1946.

4    9.          Section 5 amended
5                In section 5 insert in alphabetical order:
6

7                       Commissioner has the meaning given in the Fair
8                       Trading Act 2010 section 6.
9


10   10.         Section 6 amended
11         (1)   At the end of section 6(1) insert:
12

13                      Penalty for this subsection: a fine of $20 000.
14

15         (2)   Delete section 6(2).

16   11.         Section 8 amended
17               In section 8:
18                 (a) delete "Minister" (1st occurrence) and insert:
19

20                       Commissioner
21

22                (b)    delete "Minister." and insert:
23

24                       Commissioner.
25




                                                                          page 5
     Consumer Protection Legislation Amendment Bill 2018
     Part 3        Charitable Collections Act 1946 amended

     s. 12



1    12.         Section 9 amended
2          (1)   In section 9(2) delete "offence and liable to a penalty not
3                exceeding $100." and insert:
4

5                offence.
6

7          (2)   At the end of section 9(2) insert:
8

9                       Penalty for this subsection: a fine of $5 000.
10


11   13.         Section 11 amended
12         (1)   In section 11(1) delete "shall be made to the Minister, who
13               shall" and insert:
14

15               must be made to the Commissioner, who must
16

17         (2)   In section 11(2) delete "shall" and insert:
18

19               must
20

21         (3)   In section 11(3) delete "Minister may, in his" and insert:
22

23               Commissioner may, in the Commissioner's
24


25   14.         Section 12 amended
26         (1)   In section 12(1) delete "Minister" and insert:
27

28               Commissioner
29



     page 6
                            Consumer Protection Legislation Amendment Bill 2018
                            Charitable Collections Act 1946 amended      Part 3

                                                                                s. 15



1          (2)   In section 12(2) delete "fixed by the Minister." and insert:
2

3                imposed by the Commissioner.
4

5          (3)   In section 12(3) delete "Minister" and insert:
6

7                Commissioner
8

9          (4)   In section 12(4):
10                 (a) delete "Minister --" and insert:
11

12                       Commissioner --
13

14                (b)    in paragraph (b) delete "Minister or a person authorised
15                       by him" and insert:
16

17                       Commissioner or a person authorised by the
18                       Commissioner
19


20   15.         Section 13 amended
21               In section 13(1) delete "Minister," and insert:
22

23               Commissioner,
24


25   16.         Section 15 amended
26         (1)   Delete section 15(1) to (3) and insert:
27

28               (1)    In this section --
29                      collection records means --
30                        (a) accounts setting out the money and goods

                                                                            page 7
     Consumer Protection Legislation Amendment Bill 2018
     Part 3        Charitable Collections Act 1946 amended

     s. 16



1                            collected or received by the collector for a
2                            charitable purpose; and
3                      (b) statements setting out the way the money and
4                            goods collected or received by the collector
5                            have been dealt with;
6                    collector means a person, society, body, or association
7                    that collects or receives money or goods for a
8                    charitable purpose.
9              (2)   A collector must keep collection records and retain
10                   them for 7 years after the end of the financial year to
11                   which they relate.
12                   Penalty for this subsection: a fine of $5 000.
13             (3)   The Commissioner may require in writing that a
14                   collector, within a specified time --
15                     (a) give the Commissioner a copy of, or access to,
16                           the collection records of the collector; or
17                     (b) have the collection records of the collector
18                           audited by an auditor approved by the
19                           Commissioner and give the Commissioner a
20                           copy of, or access to, the audited collection
21                           records.
22            (3A)   A collector must comply with a requirement under
23                   subsection (3).
24                   Penalty for this subsection: a fine of $5 000.
25            (3B)   Without limiting section 12(2), the Commissioner may
26                   impose conditions relating to giving the Commissioner
27                   collection records.
28

29      (2)    In section 15(4) delete "any such penalty" and insert:
30

31             a penalty under subsection (2) or (3A),
32



     page 8
                              Consumer Protection Legislation Amendment Bill 2018
                              Charitable Collections Act 1946 amended      Part 3

                                                                                 s. 17



1    17.         Section 18 deleted
2                Delete section 18.

3    18.         Section 19 amended
4          (1)   In section 19(1):
5                  (a) delete "shall be instituted" and insert:
6

7                          is to be commenced
8

9                   (b)    delete "Minister." and insert:
10

11                         Commissioner.
12

13         (2)   In section 19(2):
14                 (a) delete "Minister" (1st and 2nd occurrence) and insert:
15

16                         Commissioner
17

18                  (b)    delete "Minister," and insert:
19

20                         Commissioner,
21


22   19.         Section 20A inserted
23               After section 20 insert:
24


25           20A.         Powers of investigation
26                        The Fair Trading Act 2010 section 61 and Part 6 of
27                        that Act, other than section 88E, apply for the purposes
28                        of this Act.
29




                                                                              page 9
     Consumer Protection Legislation Amendment Bill 2018
     Part 3        Charitable Collections Act 1946 amended

     s. 20



1    20.           Section 22 inserted
2                  After section 21 insert:
3


4            22.         Transitional provision for Consumer Protection
5                        Legislation Amendment Act 2018
6                  (1)   In this section --
7                        authority means the authority referred to in
8                        section 6(1)(g);
9                        commencement day means the day on which the
10                       Consumer Protection Legislation Amendment Act 2018
11                       section 11 comes into operation.
12                 (2)   The Minister's approval of a means of giving an
13                       authority under section 8 of this Act, as in force
14                       immediately before commencement day, is taken, on
15                       and from commencement day, to be a means approved
16                       by the Commissioner under section 8 of this Act.
17




     page 10
                          Consumer Protection Legislation Amendment Bill 2018
                        Debt Collectors Licensing Act 1964 amended     Part 4

                                                                               s. 21



1     Part 4 -- Debt Collectors Licensing Act 1964 amended
2    21.         Act amended
3                This Part amends the Debt Collectors Licensing Act 1964.

4    22.         Section 14 amended
5          (1)   At the end of section 14(1) insert:
6

7                      Penalty for this subsection: a fine of $20 000.
8

9          (2)   In section 14(2) delete the Penalty and insert:
10

11                     Penalty for this subsection: a fine of $20 000.
12


13   23.         Section 17 amended
14         (1)   At the end of section 17(1) insert:
15

16                     Penalty for this subsection: a fine of $25 000.
17

18         (2)   Delete section 17(3).

19   24.         Section 22 deleted
20               Delete section 22.

21   25.         Various provisions amended
22               At the end of the provisions listed in the Table insert:
23

24                     Penalty for this subsection: a fine of $25 000.
25




                                                                            page 11
    Consumer Protection Legislation Amendment Bill 2018
    Part 4        Debt Collectors Licensing Act 1964 amended

    s. 26



1                                      Table
                 s. 6(2)                   s. 16(1)

                 s. 18(4)

2   26.       Various penalties amended
3             Amend the provisions listed in the Table as set out in the Table.
4                                      Table
              Provision               Delete                    Insert

       s. 5(2)                 Penalty: For an         Penalty for this
                               individual, $200.       subsection: a fine of
                               For a body              $50 000.
                               corporate, $400.

       s. 15(5)                Penalty: $200.          Penalty for this
                                                       subsection: a fine of
                                                       $25 000.

       s. 26(1)(h)             $200                    $5 000




    page 12
                      Consumer Protection Legislation Amendment Bill 2018
                             Fair Trading Act 2010 amended         Part 5

                                                                          s. 27



1           Part 5 -- Fair Trading Act 2010 amended
2    27.    Act amended
3           This Part amends the Fair Trading Act 2010.

4    28.    Section 88E amended
5           Before section 88E(1) insert:
6

7          (1A)   This section does not apply to the extent that the
8                 purpose of exercising a power under subsection (1) is
9                 in relation to a regulated activity carried on by a
10                regulated person under the Charitable Collections
11                Act 1946.
12


13   29.    Schedule 2 amended
14          In Schedule 2 insert in alphabetical order:
15

16          Charitable Collections Act 1946
17




                                                                    page 13
     Consumer Protection Legislation Amendment Bill 2018
     Part 6        Home Building Contracts Act 1991 amended

     s. 30



1     Part 6 -- Home Building Contracts Act 1991 amended
2    30.          Act amended
3                 This Part amends the Home Building Contracts Act 1991.

4    31.          Section 25B amended
5                 After section 25B(4) insert:
6

7                (4A)   This Division does not apply to residential building
8                       work if --
9                        (a) a building permit under the Building Act 2011
10                              is not required for the work; or
11                       (b) if a building permit is required for the work --
12                              the work is not, or is not part of, a prescribed
13                              building service under the Building Services
14                              (Registration) Act 2011 section 3.
15


16   32.          Section 25D amended
17         (1)    Before section 25D(1) insert:
18

19               (1A)   In this section --
20                      relevant circumstance, in relation to a builder,
21                      means --
22                        (a) if the builder is an individual -- the builder --
23                                 (i) has died; or
24                                (ii) after due search and enquiry, cannot be
25                                      found in Australia;
26                               or
27                        (b) if the builder is not an individual -- the builder
28                               ceased to exist; or
29                        (c) the builder is insolvent; or

     page 14
                    Consumer Protection Legislation Amendment Bill 2018
                  Home Building Contracts Act 1991 amended       Part 6

                                                                        s. 32



1                 (d)   if the builder is a building service contractor
2                       under the Building Services (Registration)
3                       Act 2011 -- the builder's registration as a
4                       building service contractor was cancelled or not
5                       renewed because the builder did not satisfy the
6                       financial requirements (if any) prescribed by
7                       the regulations under section 18(1)(b) of that
8                       Act.
9

10   (2)   In section 25D(1):
11           (a) delete paragraph (a) and insert:
12

13                (a)   in the case of residential building work to be
14                      performed by a builder on behalf of another
15                      person, other than a developer, under a
16                      residential building work contract, it insures
17                      that person and that person's successors in title
18                      against the following losses occurring because
19                      a relevant circumstance exists in relation to the
20                      builder --
21                         (i) loss of an amount paid by way of
22                              deposit under the residential building
23                              work contract, up to a limit of $20 000
24                              or another prescribed limit;
25                        (ii) loss, other than indirect, incidental or
26                              consequential loss, resulting from
27                              non-completion of the residential
28                              building work;
29                      and
30




                                                                     page 15
    Consumer Protection Legislation Amendment Bill 2018
    Part 6        Home Building Contracts Act 1991 amended

    s. 32



1             (b)   in paragraph (b) delete "by reason of the insolvency or
2                   death of the builder or by reason of the fact that, after
3                   due search and enquiry, the builder cannot be found;
4                   and" and insert:
5

6                   because a relevant circumstance exists in relation to the
7                   builder; and
8




    page 16
                       Consumer Protection Legislation Amendment Bill 2018
                      Land Valuers Licensing Act 1978 amended       Part 7

                                                                          s. 33



1      Part 7 -- Land Valuers Licensing Act 1978 amended
2    33.     Act amended
3            This Part amends the Land Valuers Licensing Act 1978.

4    34.     Section 20 deleted
5            Delete section 20.

6    35.     Section 22 amended
7            Delete section 22(2)(a) and insert:
8

9                    (a)   an application is made during the period that
10                         begins on the day on which the licence expired
11                         and ends on the day that is 28 days after the day
12                         on which the licence expired; and
13


14   36.     Section 33A inserted
15           After section 33 insert:
16


17         33A.    Offence of giving false or misleading information
18           (1)   A person who gives false or misleading information to
19                 the Commissioner when required to give information to
20                 the Commissioner under this Act commits an offence.
21                 Penalty for this subsection: a fine of $20 000.
22           (2)   For the purposes of subsection (1), a person gives false
23                 or misleading information if the person does 1 or more
24                 of the following --
25                   (a) states anything that the person knows is false or
26                         misleading in a material particular;




                                                                       page 17
     Consumer Protection Legislation Amendment Bill 2018
     Part 7        Land Valuers Licensing Act 1978 amended

     s. 37



1                     (b)    omits anything from a statement without which
2                            the statement is, to the person's knowledge,
3                            misleading in a material particular;
4                      (c)   gives or produces any information that --
5                               (i) the person knows is false or misleading
6                                    in a material particular; or
7                              (ii) omits anything without which the
8                                    information is, to the person's
9                                    knowledge, misleading in a material
10                                   particular.
11


12   37.       Various penalties amended
13             Amend the provisions listed in the Table as set out in the Table.
14                                      Table
               Provision               Delete                   Insert

       s. 23(1)                 Penalty: $50 000.       Penalty for this
                                                        subsection: a fine of
                                                        $100 000.

       s. 24(1)                 Penalty: $50 000.       Penalty for this
                                                        subsection: a fine of
                                                        $100 000.

       s. 25(3)                 Penalty: $5 000.        Penalty for this
                                                        subsection: a fine of
                                                        $5 000.

       s. 29A(1)                Penalty: $2 000.        Penalty for this
                                                        subsection: a fine of
                                                        $2 000.




     page 18
                            Consumer Protection Legislation Amendment Bill 2018
                 Real Estate and Business Agents Act 1978 amended        Part 8

                                                                                  s. 38



1                Part 8 -- Real Estate and Business Agents
2                          Act 1978 amended
3    38.         Act amended
4                This Part amends the Real Estate and Business Agents Act 1978.

5    39.         Section 4 amended
6          (1)   In section 4(1) delete the definition of agents code of conduct.
7          (2)   In section 4(1) insert in alphabetical order:
8

9                      code of conduct for agents means the code of conduct
10                     for agents prescribed and published under
11                     section 101(a);
12

13         (3)   In section 4(1) in the definition of code of conduct for sales
14               representatives delete "101;" and insert:
15

16               101(b);
17


18   40.         Section 26 amended
19         (1)   In section 26 delete "On" and insert:
20

21               (1)   On
22




                                                                           page 19
     Consumer Protection Legislation Amendment Bill 2018
     Part 8        Real Estate and Business Agents Act 1978 amended

     s. 41



1          (2)   At the end of section 26 insert:
2

3                (2)     For subsection (1), a person is taken not to be licensed
4                        or holding a current triennial certificate in respect of
5                        the licence if the person is required to surrender a
6                        licence and triennial certificate under section 34D(2)
7                        or (3).
8


9    41.         Section 27 amended
10               In section 27(1):
11                 (a) delete "a person, not being a body corporate," and
12                       insert:
13

14                         an individual
15

16                 (b)     delete "that -- " and insert:
17

18                         that the individual --
19

20                 (c)     in paragraphs (a) to (c) delete "he".
21                 (d)     in paragraph (c) delete "to him to enable him" and
22                         insert:
23

24                         to enable them
25

26                 (e)     in paragraph (d) delete "he".
27               Note: The heading to amended section 27 is to read:
28                       Licensing of individuals

29   42.         Section 29 amended
30               In section 29(b) delete "that".



     page 20
                            Consumer Protection Legislation Amendment Bill 2018
                 Real Estate and Business Agents Act 1978 amended        Part 8

                                                                                s. 43



1    43.         Section 30 amended
2                Delete section 30(3) and (4).

3    44.         Section 31 amended
4          (1)   In section 31(2)(a) delete "a person other than a body corporate;
5                or" and insert:
6

7                an individual; or
8

9          (2)   Delete section 31(3) and insert:
10

11               (3)   The Commissioner must not renew a licensee's
12                     triennial certificate unless the Commissioner is
13                     satisfied of the matters in --
14                        (a) for an individual -- section 27(1)(b), (c) and
15                             (d); or
16                       (b) for a firm -- section 28(a), (b), (c) and (d); or
17                        (c) for a body corporate -- section 29(a), (b), (c)
18                             and (d).
19               Note: The heading to amended section 31 is to read:
20                     Licensee's triennial certificate: grant and renewal

21   45.         Section 32 amended
22         (1)   In section 32(1):
23                 (a) delete "Where a" and insert:
24

25                       If a licensee's
26




                                                                             page 21
     Consumer Protection Legislation Amendment Bill 2018
     Part 8        Real Estate and Business Agents Act 1978 amended

     s. 46



1                  (b)     delete "expired, the renewal shall be deemed to take
2                          effect for the period of 3 years" and insert:
3

4                          expired or was surrendered, the renewal takes effect
5

6                  (c)     delete "expired." and insert:
7

8                          expired or was surrendered.
9

10         (2)   Delete section 32(2) and insert:
11

12               (2)     If a licensee's triennial certificate is renewed more than
13                       1 month but not more than 12 months after the day on
14                       which the triennial certificate expired or was
15                       surrendered, the renewal takes effect --
16                         (a) if the Commissioner is satisfied that there is
17                                reasonable cause for the renewal to take effect
18                                on and from the day after the day on which the
19                                triennial certificate expired or was
20                                surrendered -- on that day; or
21                         (b) otherwise -- on the day the renewal is granted.
22

23               Note: The heading to amended section 32 is to read:
24                       Licensee's triennial certificate: late renewal

25   46.         Section 33 amended
26         (1)   Delete section 33(1) and insert:
27

28               (1)     This section applies if --
29                        (a) a licensee's triennial certificate expires or was
30                              surrendered; and




     page 22
                      Consumer Protection Legislation Amendment Bill 2018
           Real Estate and Business Agents Act 1978 amended        Part 8

                                                                                  s. 46



1                  (b)     the licensee applies to renew the certificate
2                          more than 12 months after the day on which the
3                          triennial certificate expired or was surrendered.
4

5    (2)   In section 33(2) delete "The application shall" and insert:
6

7          The application for renewal must
8

9    (3)   In section 33(4) delete "applicant shall" and insert:
10

11         licensee must
12

13   (4)   In section 33(5) delete "applicant" and insert:
14

15         licensee
16

17   (5)   After section 33(5) insert:
18

19         (6)   If the triennial certificate is renewed, the renewal takes
20               effect on the day the renewal is granted.
21

22         Note: The heading to amended section 33 is to read:
23               Licensee's triennial certificate: late renewal after 12 months




                                                                            page 23
     Consumer Protection Legislation Amendment Bill 2018
     Part 8        Real Estate and Business Agents Act 1978 amended

     s. 47



1    47.           Section 34 replaced
2                  Delete section 34 and insert:
3


4            34.         Conditions on licences and triennial certificates
5                  (1)   It is a condition of every licence that the licensee must
6                        comply with the provisions of this Act and the code of
7                        conduct for agents.
8                  (2)   It is a condition of every licence that the licensee must
9                        comply with any special condition to which the
10                       licensee's licence or triennial certificate is subject
11                       under section 34AA.

12           34AA. Imposing special conditions on licences or triennial
13                 certificates
14                 (1)   In this section --
15                       licensee includes an applicant for a licence.
16                 (2)   The Commissioner may, at any time, impose a special
17                       condition on a licence or triennial certificate.
18                 (3)   Before imposing a special condition on a licence or
19                       triennial certificate, the Commissioner must --
20                          (a) give a licensee notice in writing setting out --
21                                  (i) that the Commissioner proposes to
22                                        impose the special condition; and
23                                 (ii) the reasons for the proposed decision;
24                                        and
25                                (iii) that the licensee may make submissions
26                                        to the Commissioner in relation to the
27                                        proposed decision within the time
28                                        specified in the notice;
29                               and



     page 24
                  Consumer Protection Legislation Amendment Bill 2018
       Real Estate and Business Agents Act 1978 amended        Part 8

                                                                    s. 47



1             (b)   consider any submissions received under
2                   paragraph (a)(iii).
3      (4)   After making a decision under subsection (2), the
4            Commissioner must --
5             (a) notify the licensee of the Commissioner's
6                   decision; and
7             (b) if the decision is to impose a special condition
8                   on the licence or triennial certificate, give the
9                   licensee notice in writing setting out --
10                     (i) the reasons for the decision; and
11                    (ii) that a person aggrieved by the
12                          Commissioner's decision may apply to
13                          the State Administrative Tribunal for a
14                          review of the decision under section 23.

15   34AB.   Removing special conditions on licences or triennial
16           certificates
17     (1)   The Commissioner may remove a special condition
18           imposed on a licensee's licence or triennial
19           certificate --
20             (a) at any time; or
21             (b) on application by the licensee.
22     (2)   If a licensee makes an application under
23           subsection (1)(b), the Commissioner must, before
24           deciding not to remove the special condition on the
25           licensee's licence or triennial certificate --
26             (a) give the licensee notice in writing setting out --
27                      (i) that the Commissioner proposes to
28                           make a decision not to remove the
29                           special condition; and
30                     (ii) the reasons for the proposed decision;
31                           and


                                                                page 25
     Consumer Protection Legislation Amendment Bill 2018
     Part 8        Real Estate and Business Agents Act 1978 amended

     s. 48



1                             (iii)   that the licensee may make submissions
2                                     to the Commissioner in relation to the
3                                     proposed decision within the time
4                                     specified in the notice;
5                            and
6                     (b)    consider any submissions received under
7                            paragraph (a)(iii).
8              (3)   After making a decision on an application by a
9                    licensee, the Commissioner must --
10                     (a) notify the licensee of the Commissioner's
11                           decision; and
12                     (b) if the decision is to not remove the special
13                           condition, give the licensee notice in writing
14                           setting out --
15                              (i) the reasons for the decision; and
16                             (ii) that a person aggrieved by the
17                                   Commissioner's decision may apply to
18                                   the State Administrative Tribunal for a
19                                   review of the decision under section 23.
20


21   48.       Sections 34C and 34D inserted
22             After section 34B insert:
23


24           34C.    Licensee may surrender licence and triennial
25                   certificate
26                   A licensee may surrender the licensee's triennial
27                   certificate, or licence and triennial certificate held in
28                   respect of the licence, at any time.




     page 26
                        Consumer Protection Legislation Amendment Bill 2018
             Real Estate and Business Agents Act 1978 amended        Part 8

                                                                            s. 49



1          34D.    Firm or body corporate must surrender licence and
2                  triennial certificate in certain circumstances
3            (1)   This section applies to a licensee that is a firm or body
4                  corporate if paragraph (c) or (d) of section 28 or 29 (as
5                  is relevant) ceases to apply in relation to the licensee.
6            (2)   The licensee must, within 5 days after the day on which
7                  the paragraph ceased to apply to the licensee, surrender
8                  the licensee's licence and triennial certificate held in
9                  respect of the licence, unless the licensee is carrying on
10                 business under Schedule 1 clause 6.
11           (3)   If a licensee carries on business under Schedule 1
12                 clause 6 then, at the end of the period referred to in that
13                 clause, the licensee must immediately surrender the
14                 licensee's licence and triennial certificate unless the
15                 licensee satisfies section 28(c) and (d) or section 29(c)
16                 and (d) (as is relevant).
17


18   49.     Section 40B inserted
19           After section 40A insert:
20


21         40B.    Licensee to comply with prescribed educational
22                 requirements
23                 A licensee must comply with the educational
24                 requirements prescribed by the regulations.
25                 Penalty: a fine of $5 000.
26




                                                                         page 27
     Consumer Protection Legislation Amendment Bill 2018
     Part 8        Real Estate and Business Agents Act 1978 amended

     s. 50



1    50.           Section 48 amended
2                  Delete section 48(4) and (5) and insert:
3

4                  (4)   The Commissioner must not renew a sales
5                        representative's certificate of registration unless the
6                        Commissioner is satisfied --
7                          (a) of the matters in section 47(1)(b) and (c); and
8                          (b) that the sales representative was employed by a
9                               licensee at the time of making the application
10                              or will be employed by a licensee upon the
11                              renewal of the certificate.
12


13   51.           Section 50 replaced
14                 Delete section 50 and insert:
15


16           50.         Conditions on certificates of registration
17                 (1)   It is a condition of every certificate of registration that
18                       the registered sales representative must comply with
19                       the provisions of this Act and the code of conduct for
20                       sales representatives.
21                 (2)   It is a condition of every certificate of registration that
22                       the registered sales representative must comply with
23                       any special condition to which the sales
24                       representative's certificate of registration is subject
25                       under section 50AA.

26           50AA. Imposing special conditions on certificates of
27                 registration
28                 (1)   In this section --
29                       registered sales representative includes an applicant
30                       for a certificate of registration.


     page 28
                Consumer Protection Legislation Amendment Bill 2018
     Real Estate and Business Agents Act 1978 amended        Part 8

                                                                    s. 51



1    (2)   The Commissioner may, at any time, impose a special
2          condition on a certificate of registration.
3    (3)   Before imposing a special condition on a certificate of
4          registration, the Commissioner must --
5            (a) give a registered sales representative notice in
6                  writing setting out --
7                     (i) that the Commissioner proposes to
8                          impose the special condition; and
9                    (ii) the reasons for the proposed decision;
10                         and
11                  (iii) that the registered sales representative
12                         may make submissions to the
13                         Commissioner in relation to the
14                         proposed decision within the time
15                         specified in the notice;
16                 and
17           (b) consider any submissions received under
18                 paragraph (a)(iii).
19   (4)   Subsection (3) does not apply if the special condition to
20         be imposed on the certificate of registration restricts
21         the type of work that may be performed under the
22         certificate because the sales representative does not
23         have a particular qualification that the sales
24         representative is required to have under section 47(2)
25         to perform the work.
26   (5)   After making a decision under subsection (2), the
27         Commissioner must --
28          (a) notify the registered sales representative of the
29                Commissioner's decision; and




                                                               page 29
     Consumer Protection Legislation Amendment Bill 2018
     Part 8        Real Estate and Business Agents Act 1978 amended

     s. 51



1                     (b)   if the decision is to impose a special condition
2                           on the certificate of registration, give the
3                           registered sales representative notice in writing
4                           setting out --
5                              (i) the reasons for the decision; and
6                             (ii) that a person aggrieved by the
7                                   Commissioner's decision may apply to
8                                   the State Administrative Tribunal for a
9                                   review of the decision under section 23.

10           50AB.   Removing special conditions on certificates of
11                   registration
12             (1)   The Commissioner may remove a special condition
13                   imposed on a registered sales representative's
14                   certificate of registration --
15                     (a) at any time; or
16                     (b) on application by the registered sales
17                            representative.
18             (2)   If a registered sales representative makes an application
19                   under subsection (1)(b), the Commissioner must,
20                   before deciding not to remove the special condition on
21                   the registered sales representative's certificate of
22                   registration --
23                     (a) give the registered sales representative notice in
24                            writing setting out --
25                              (i) that the Commissioner proposes to
26                                    make a decision not to remove the
27                                    special condition; and
28                             (ii) the reasons for the proposed decision;
29                                    and
30                            (iii) that the registered sales representative
31                                    may make submissions to the
32                                    Commissioner in relation to the


     page 30
                        Consumer Protection Legislation Amendment Bill 2018
             Real Estate and Business Agents Act 1978 amended        Part 8

                                                                          s. 52



1                                 proposed decision within the time
2                                 specified in the notice;
3                         and
4                   (b)   consider any submissions received under
5                         paragraph (a)(iii).
6            (3)   After making a decision on an application by a
7                  registered sales representative, the Commissioner
8                  must --
9                    (a) notify the registered sales representative of the
10                         Commissioner's decision; and
11                   (b) if the decision is to not remove the special
12                         condition, give the registered sales
13                         representative notice in writing setting out --
14                           (i) the reasons for the decision; and
15                          (ii) that a person aggrieved by the
16                                 Commissioner's decision may apply to
17                                 the State Administrative Tribunal for a
18                                 review of the decision under section 23.
19


20   52.     Section 50C inserted
21           After section 50B insert:
22


23         50C.    Sales representative to comply with prescribed
24                 educational requirements
25                 A sales representative must comply with the
26                 educational requirements prescribed by the regulations.
27                 Penalty: a fine of $5 000.
28




                                                                      page 31
     Consumer Protection Legislation Amendment Bill 2018
     Part 8        Real Estate and Business Agents Act 1978 amended

     s. 53



1    53.         Section 84 amended
2                In section 84(1) delete the Penalty and insert:
3

4                      Penalty for this subsection:
5                          (a) in the case of an offence against
6                                section 68(4) or (5), a fine of $25 000, or
7                                2 years' imprisonment;
8                          (b) in the case of an offence against
9                                section 68B(1), a fine of $50 000;
10                         (c) in any other case, a fine of $25 000.
11


12   54.         Section 100A amended
13         (1)   Delete section 100A(4).
14         (2)   In section 100A(7) delete "subsection (4)." and insert:
15

16               section 134A.
17


18   55.         Section 102 amended
19               After section 102(6) insert:
20

21               (7)   Despite the surrender by a person of a licence or
22                     triennial certificate or a licensee ceasing to be licensed
23                     or to hold a triennial certificate --
24                        (a) an allegation under subsection (1)(a) in respect
25                             of an agent may be made to the State
26                             Administrative Tribunal not later than
27                             12 months after the day on which the licence or
28                             certificate was surrendered or the licensee
29                             ceased to be licensed or ceased holding the
30                             certificate; and


     page 32
                      Consumer Protection Legislation Amendment Bill 2018
           Real Estate and Business Agents Act 1978 amended        Part 8

                                                                        s. 56



1                  (b)   the State Administrative Tribunal may exercise
2                        the powers conferred by section 103, other than
3                        the power to suspend or cancel the agent's
4                        licence or certificate.
5


6    56.   Section 103 amended
7          Delete section 103(2)(c)(iii) and insert:
8

9                        (iii)   the code of conduct for agents;
10


11   57.   Section 116 amended
12         Delete section 116(1) and (2A) and insert:
13

14         (1)   The Fidelity Account is to be held and applied to
15               reimburse a person for the person's pecuniary or
16               property loss to the extent of the defalcation of --
17                 (a) a licensee during any period when the licensee
18                      was the holder of a current triennial certificate;
19                      or
20                 (b) a person who ceased to be licensed or to hold a
21                      triennial certificate, if --
22                         (i) the defalcation occurred during the
23                               period of 6 months immediately
24                               following the day on which the person
25                               ceased to be licensed or the holder of
26                               the triennial certificate; and
27                        (ii) the chief executive officer considers that
28                               it is just and reasonable in the
29                               circumstances of the claim.
30




                                                                     page 33
     Consumer Protection Legislation Amendment Bill 2018
     Part 8        Real Estate and Business Agents Act 1978 amended

     s. 58



1    58.         Section 131L amended
2          (1)   Before section 131L(1) insert:
3

4            (1AA) In this section --
5                  settlement has the meaning given in the Settlement
6                  Agents Act 1981 section 3(1).
7

8          (2)   In section 131L(1):
9                  (a) after "date of " insert:
10

11                      settlement of
12

13                (b)   delete "prescribed form" and insert:
14

15                      approved form
16


17   59.         Section 134A amended
18         (1)   In section 134A(1) delete "in relation to an application under
19               section 24, 33, 43, 48 or 49" and insert:
20

21               to the Commissioner or the chief executive officer under this
22               Act
23

24         (2)   In section 134A(2):
25                 (a) delete "in relation to an application referred to in
26                       subsection (1)" and insert:
27

28                      to the Commissioner or the chief executive officer
29

30                (b)   in paragraph (a) delete "in relation to an application";


     page 34
                            Consumer Protection Legislation Amendment Bill 2018
                 Real Estate and Business Agents Act 1978 amended        Part 8

                                                                                     s. 60



1                  (c)   in paragraph (b) delete "made in relation to an
2                        application";
3                  (d)   in paragraph (c) delete "in relation to an application".
4


5    60.         Section 136A amended
6                In section 136A delete "licence or triennial certificate" and
7                insert:
8

9                licence, triennial certificate or certificate of registration
10


11   61.         Schedule 1 clause 1 amended
12         (1)   In Schedule 1 delete clause 1(b) and insert:
13

14                        (b)   who has, within the period of 5 years immediately
15                              preceding the application --
16                                (i)   held a licence, other than a licence held
17                                      because the person was qualified only under
18                                      paragraph (c) or (d), under this Act for at
19                                      least 2 years; and
20                               (ii)   acted in the State as, and carried out the
21                                      functions of, an agent for a period of at least
22                                      2 years, whether on the person's own behalf
23                                      or on behalf of a firm or body corporate;
24                              or
25                       (ba)   who has, within the period of 5 years immediately
26                              preceding the application --
27                                (i)   held for a period of at least 2 years a licence
28                                      or similar authority under an approved
29                                      corresponding enactment of a State or
30                                      Territory to act as an agent or the approved
31                                      equivalent, other than under a licence or
32                                      authority held under that enactment only
33                                      because the person was qualified under an


                                                                                 page 35
     Consumer Protection Legislation Amendment Bill 2018
     Part 8        Real Estate and Business Agents Act 1978 amended

     s. 62



1                                       equivalent provision in the enactment to
2                                       paragraph (c) or (d); and
3                                (ii)   acted as, and carried out the functions of, an
4                                       agent or the approved equivalent for a
5                                       period of at least 2 years in the State or
6                                       Territory in which the licence or authority
7                                       was held, whether on the person's own
8                                       behalf or on behalf of a firm or body
9                                       corporate;
10                              or
11


12   62.        Various penalties amended
13              Amend the provisions listed in the Table as set out in the Table.
14                                             Table
                Provision                   Delete                    Insert

        s. 26(1)                     Penalty: $20 000.        Penalty for this
                                                              subsection: a fine of
                                                              $100 000.

        s. 39(3)                     Penalty: $20 000.        Penalty for this
                                                              subsection: a fine of
                                                              $100 000.

        s. 44(1), (2) and (3)        Penalty: $3 000.         Penalty for this
                                                              subsection: a fine of
                                                              $25 000.

        s. 45(1), (2) and (3)        Penalty: $3 000.         Penalty for this
                                                              subsection: a fine of
                                                              $25 000.

        s. 46                        $2 000.                  a fine of $20 000.




     page 36
                           Consumer Protection Legislation Amendment Bill 2018
                           Residential Tenancies Act 1987 amended       Part 9

                                                                            s. 63



1          Part 9 -- Residential Tenancies Act 1987 amended
2    63.         Act amended
3                This Part amends the Residential Tenancies Act 1987.

4    64.         Section 3 amended
5                In section 3 insert in alphabetical order:
6

7                      common area --
8                        (a) means an area accessible to, or provided for the
9                            common use of, tenants; and
10                       (b) includes common property (as defined in the
11                           Strata Titles Act 1985 section 3) of a strata
12                           scheme or survey strata scheme;
13


14   65.         Section 22 amended
15         (1)   Delete section 22(2) and insert:
16

17               (2)   A party to any proceedings may be represented or
18                     assisted by an agent in the presentation of the party's
19                     case if --
20                       (a) the agent is authorised by the party to do so and
21                             is --
22                                (i) the property manager of the premises
23                                    the subject of the proceedings; or
24                               (ii) employed or engaged by a non-profit
25                                    association or similar body to act as an
26                                    advocate for tenants or lessors in
27                                    proceedings;
28                             or
29                       (b) the court makes an order under subsection (3C).
30



                                                                         page 37
     Consumer Protection Legislation Amendment Bill 2018
     Part 9        Residential Tenancies Act 1987 amended

     s. 66



1          (2)    In section 22(3A) after "authorisation" insert:
2

3                 mentioned in subsection (2)(a)
4

5          (3)    After section 22(3A) insert:
6

7                (3B)   Without limiting how an agent representing or assisting
8                       a party under subsection (2)(a) may represent or assist
9                       the party, the agent may initiate proceedings on behalf
10                      of the party.
11               (3C)   The court may order that a party to proceedings may be
12                      represented or assisted by an agent in the presentation
13                      of the party's case if the court hearing the proceeding is
14                      satisfied that --
15                        (a) the party is unable to appear personally or
16                              conduct the proceedings on the party's own
17                              behalf; and
18                        (b) another party to the proceedings will not be
19                              disadvantaged by the party being represented
20                              by, or assisted by, the agent.
21

22   66.          Section 38 amended
23                In section 38(1)(c) delete "premises." and insert:
24

25                premises or, where relevant, a common area or chattels in the
26                common area.
27

28   67.          Section 47 amended
29         (1)    In section 47(1) delete "subsection (4)," and insert:
30
31                subsections (2A) and (4),
32


     page 38
                      Consumer Protection Legislation Amendment Bill 2018
                      Residential Tenancies Act 1987 amended       Part 9

                                                                            s. 67



1    (2)    After section 47(2) insert:
2

3          (2A)   It is a term of every residential tenancy agreement
4                 that --
5                    (a) a tenant may affix either or both of the
6                           following items to a wall of premises the
7                           subject of the agreement for the purpose of
8                           ensuring the safety of a child, but only with the
9                           lessor's consent --
10                             (i) furniture;
11                            (ii) a thing to affix the furniture to the wall;
12                          and
13                  (b) the lessor may only refuse consent --
14                             (i) if affixing the item to the wall would
15                                  disturb material containing asbestos; or
16                            (ii) if the premises are entered in the
17                                  Register of Heritage Places compiled
18                                  under the Heritage of Western Australia
19                                  Act 1990 section 46; or
20                           (iii) if the premises is a lot in a scheme
21                                  under the Strata Titles Act 1985, the
22                                  by-laws for the scheme prohibit affixing
23                                  the item to the wall of the premises; or
24                           (iv) for a prescribed reason;
25                          and
26                   (c) the tenant must remove the item from the wall
27                          when the tenant vacates the premises; and
28                  (d) the cost of affixing the item to the wall, and
29                          removing it from the wall, must be borne by the
30                          tenant; and




                                                                        page 39
     Consumer Protection Legislation Amendment Bill 2018
     Part 9        Residential Tenancies Act 1987 amended

     s. 68



1                         (e)   if the tenant causes damage to the premises by
2                               affixing or removing the item --
3                                  (i) the tenant must notify the lessor that
4                                        damage has been caused to the
5                                        premises; and
6                                 (ii) the lessor may require the tenant to
7                                        repair the damage or compensate the
8                                        lessor for any reasonable expenses
9                                        incurred by the lessor in repairing the
10                                       damage.
11               (2B)   The lessor is taken to have consented to affixing the
12                      furniture or thing to the wall of the premises under
13                      subsection (2A)(a) if --
14                        (a) the tenant has sought the lessor's consent to
15                              affix the item to the wall; and
16                        (b) the lessor has not refused consent under
17                              subsection (2A)(b) within 7 days after the day
18                              the tenant sought the lessor's consent.
19


20   68.          Section 49A amended
21         (1)    In section 49A(1) insert in alphabetical order:
22

23                      consumption, in relation to a public utility service,
24                      means consumption of the utility that is calculated by
25                      metered unit;
26                      strata company has the meaning given in the Strata
27                      Titles Act 1985 section 3(1).
28




     page 40
                       Consumer Protection Legislation Amendment Bill 2018
                       Residential Tenancies Act 1987 amended       Part 9

                                                                            s. 68



1    (2)   In section 49A(1) in the definition of public utility services
2          delete "3(1)." and insert:
3

4          3(1);
5

6    (3)   Delete section 49A(2) and insert:
7

8          (2)     It is a term of every residential tenancy agreement that
9                  subsections (3) to (5) are terms of the agreement if --
10                    (a) a public utility service is provided in relation to
11                           the premises the subject of the agreement; and
12                   (b) the public utility service is provided under a
13                           contract between the provider of the public
14                           utility service and the lessor or a strata
15                           company.
16         (3)     The tenant must pay a charge for the provision of the
17                 service only if --
18                   (a) the charge is for the tenant's consumption of
19                         the utility at the premises; and
20                   (b) either --
21                            (i) the tenant's consumption of the utility is
22                                  separately metered; or
23                           (ii) although consumption at the premises is
24                                  not separately metered, the charge is
25                                  calculated in accordance with a method
26                                  previously agreed to in writing by the
27                                  lessor and the tenant;
28                         and
29                   (c) the lessor gives the tenant a written notice
30                         under subsection (4) within 30 days after the
31                         lessor receives an invoice for the public utility
32                         service.


                                                                        page 41
     Consumer Protection Legislation Amendment Bill 2018
     Part 9        Residential Tenancies Act 1987 amended

     s. 69



1              (4)   The notice must be in writing and set out the full
2                    details of the account for the charge, including --
3                      (a) the total charge for the tenant's consumption of
4                            the utility; and
5                     (b) if consumption at the premises is metered --
6                               (i) the meter readings; and
7                              (ii) the charge per metered unit;
8                            and
9                      (c) if consumption at the premises is not
10                           metered -- the charge calculated by the method
11                           agreed to under subsection (3)(b)(ii); and
12                    (d) the amount of GST payable in respect of the
13                           provision of the service to the premises.
14             (5)   However, despite subsection (3)(c), if the tenancy ends
15                   within 30 days after the lessor receives an invoice for
16                   the public utility service, or the lessor receives the
17                   invoice after the tenancy has ended, the lessor --
18                     (a) is not required to give the written notice under
19                           subsection (4) within 30 days after the lessor
20                           receives the invoice; and
21                     (b) may give the notice to the tenant (or former
22                           tenant) as soon as practicable after the lessor
23                           receives the notice and locates the tenant.
24




     page 42
                           Consumer Protection Legislation Amendment Bill 2018
                           Residential Tenancies Act 1987 amended       Part 9

                                                                              s. 69



1    69.         Section 73 amended
2                In section 73(1) delete "permit, serious damage to the premises
3                or injury to the lessor or the property manager of the premises
4                or any person in occupation of or permitted on adjacent
5                premises." and insert:
6

7                      permit --
8                        (a) serious damage to the premises or, where
9                             relevant, a common area or chattels in the
10                            common area; or
11                      (b) injury to --
12                               (i) the lessor; or
13                              (ii) the property manager of the premises; or
14                             (iii) any person in occupation of or permitted
15                                   on adjacent premises.
16


17   70.         Section 82B amended
18         (1)   In section 82B delete "This" and insert:
19

20               (1)   This
21

22         (2)   After section 82B(1) insert:
23

24               (2)   This Part applies to a database operator, regardless of
25                     whether the database operator is inside or outside of the
26                     State, if the database operator operates a residential
27                     tenancy database containing personal information --
28                       (a) about a person who resides in the State; or
29                       (b) relating to, or arising from, the occupation of
30                              residential premises under a residential tenancy
31                              agreement within the State.
32


                                                                           page 43
     Consumer Protection Legislation Amendment Bill 2018
     Part 9        Residential Tenancies Act 1987 amended

     s. 71



1    71.           Part 8 inserted
2                  After section 97 insert:
3


4             Part 8 -- Transitional provision relating to the
5              Consumer Protection Legislation Amendment
6                               Act 2018
7            98.         Application of s. 49A to residential tenancy
8                        agreements and utility charges
9                  (1)   In this section --
10                       commencement day means the day on which the
11                       Consumer Protection Legislation Amendment Act 2018
12                       section 68 comes into operation;
13                       public utility services has the meaning given in the
14                       Land Administration Act 1997 section 3(1).
15                 (2)   Subject to subsections (3) and (4), section 49A, as in
16                       force on and after commencement day, applies to a
17                       residential tenancy agreement (to the extent relevant)
18                       even though it was entered into before commencement
19                       day.
20                 (3)   If a tenant is provided with full details of an account
21                       for a charge for a public utility service and the charge
22                       was not paid in full before commencement day,
23                       section 49A, as in force immediately before
24                       commencement day continues to apply to the payment
25                       of the charge.
26                 (4)   If, before commencement day, a lessor or strata
27                       company received a notice of account in relation to a
28                       public utility service and the lessor or strata company
29                       has not given the tenant full details of the account for
30                       the charge, the 30 day requirement in section 49A(3)(c)
31                       does not apply.
32


     page 44
                         Consumer Protection Legislation Amendment Bill 2018
                           Settlement Agents Act 1981 amended       Part 10

                                                                              s. 72



1          Part 10 -- Settlement Agents Act 1981 amended
2    72.     Act amended
3            This Part amends the Settlement Agents Act 1981.

4    73.     Section 4 amended
5            In section 4(2) delete "section 34(2)(a) and (b)," and insert:
6

7            section 34AA(3),
8


9    74.     Section 26 amended
10           After section 26(2) insert:
11

12           (3)     For subsection (1), a person is taken not to be licensed
13                   or holding a current triennial certificate in respect of
14                   the licence if the person is required to surrender a
15                   licence and triennial certificate under section 34D(2)
16                   and (3).
17


18   75.     Section 27 amended
19           In section 27(1):
20             (a) delete "a person, not being a body corporate," and
21                   insert:
22

23                    an individual
24

25            (b)     delete "that -- " and insert:
26

27                    that the individual --
28

29             (c)    in paragraphs (a) to (c) delete "he".

                                                                         page 45
     Consumer Protection Legislation Amendment Bill 2018
     Part 10       Settlement Agents Act 1981 amended

     s. 76



1                   (d)     in paragraph (c) delete "to him to enable him" and
2                           insert:
3

4                           to enable them
5

6                   (e)     in paragraphs (d) and (e) delete "he".
7

8                 Note: The heading to amended section 27 is to read:
9                         Licensing of individuals

10   76.          Section 30 amended
11                Delete section 30(4) and (5).

12   77.          Section 31 amended
13         (1)    In section 31(2)(a) delete "a person other than a body corporate;
14                or" and insert:
15

16                an individual; or
17

18         (2)    Delete section 31(2A) and insert:
19

20               (2A)     The Commissioner must not renew a licensee's
21                        triennial certificate unless the Commissioner is
22                        satisfied of the matters in --
23                           (a) for an individual -- section 27(1)(b), (c), (d)
24                                and (e); or
25                          (b) for a firm -- section 28(1)(a), (b), (c) and (d);
26                                or
27                           (c) for a body corporate -- section 29(1)(a), (b),
28                                (c) and (d).
29




     page 46
                              Consumer Protection Legislation Amendment Bill 2018
                                Settlement Agents Act 1981 amended       Part 10

                                                                                      s. 78



1          (3)   Delete section 31(3)(a) and insert:
2

3                          (a)    if the licensee is an individual, the individual;
4                                 or
5

6                Note: The heading to amended section 31 is to read:
7                        Licensee's triennial certificate: grant and renewal

8    78.         Section 32 amended
9          (1)   In section 32(1):
10                 (a) delete "Where a" and insert:
11

12                         If a licensee's
13

14                 (b)     delete "expired, the renewal shall be deemed to take
15                         effect for the period of 3 years" and insert:
16

17                         expired or was surrendered, the renewal takes effect
18

19                 (c)     delete "expired." and insert:
20

21                         expired or was surrendered.
22

23         (2)   Delete section 32(2) and insert:
24

25               (2)     If a licensee's triennial certificate is renewed more than
26                       1 month but not more than 12 months after the day on
27                       which the triennial certificate expired or was
28                       surrendered, the renewal takes effect --
29                         (a) if the Commissioner is satisfied that there is
30                                reasonable cause for the renewal to take effect
31                                on and from the day after the day on which the


                                                                                page 47
     Consumer Protection Legislation Amendment Bill 2018
     Part 10       Settlement Agents Act 1981 amended

     s. 79



1                                triennial certificate expired or was
2                                surrendered -- on that day; or
3                        (b)     otherwise -- on the day the renewal is granted.
4

5                Note: The heading to amended section 32 is to read:
6                      Licensee's triennial certificate: late renewal

7    79.         Section 33 amended
8          (1)   Delete section 33(1) and insert:
9

10               (1)   This section applies if --
11                      (a) a licensee's triennial certificate expires or was
12                            surrendered; and
13                      (b) the licensee applies to renew the certificate
14                            more than 12 months after the day on which the
15                            triennial certificate expired or was surrendered.
16

17         (2)   In section 33(2) delete "The application shall" and insert:
18

19               The application for renewal must
20

21         (3)   In section 33(4) delete "applicant shall" and insert:
22

23               licensee must
24

25         (4)   In section 33(5) delete "applicant" and insert:
26

27               licensee
28




     page 48
                              Consumer Protection Legislation Amendment Bill 2018
                                Settlement Agents Act 1981 amended       Part 10

                                                                                          s. 80



1          (5)     After section 33(5) insert:
2

3                  (6)   If the triennial certificate is renewed, the renewal takes
4                        effect on the day the renewal is granted.
5

6                  Note: The heading to amended section 33 is to read:
7                        Licensee's triennial certificate: late renewal after 12 months

8    80.           Section 34 replaced
9                  Delete section 34 and insert:
10


11           34.         Conditions on licences and triennial certificates
12                 (1)   It is a condition of every licence that the licensee must
13                       comply with the provisions of this Act and the
14                       settlement agents' code of conduct.
15                 (2)   It is a condition of every licence that the licensee must
16                       comply with any special condition to which the
17                       licensee's licence or triennial certificate is subject
18                       under section 34AA.

19           34AA. Imposing special conditions on licences or triennial
20                 certificates
21                 (1)   In this section --
22                       licensee includes an applicant for a licence.
23                 (2)   The Commissioner may, at any time, impose a special
24                       condition on a licence or triennial certificate.
25                 (3)   Without limiting subsection (2), the Commissioner
26                       may impose a condition that relates to --
27                        (a) the holding of a policy of indemnity insurance
28                             or fidelity insurance in a specified amount; or



                                                                                    page 49
     Consumer Protection Legislation Amendment Bill 2018
     Part 10       Settlement Agents Act 1981 amended

     s. 80



1                     (b)   the payment of fees under this Act or to
2                           contributions to the Account and may vary such
3                           prescribed fees or contributions.
4              (4)   Before imposing a special condition on a licence or
5                    triennial certificate, the Commissioner must --
6                       (a) give a licensee notice in writing setting out --
7                               (i) that the Commissioner proposes to
8                                     impose the special condition; and
9                              (ii) the reasons for the proposed decision;
10                                    and
11                            (iii) that the licensee may make submissions
12                                    to the Commissioner in relation to the
13                                    proposed decision within the time
14                                    specified in the notice;
15                           and
16                     (b) consider any submissions received under
17                           paragraph (a)(iii).
18             (5)   After making a decision under subsection (2), the
19                   Commissioner must --
20                    (a) notify the licensee of the Commissioner's
21                          decision; and
22                    (b) if the decision is to impose the special
23                          condition, give the licensee notice in writing
24                          setting out --
25                            (i) the reasons for the decision; and
26                           (ii) that a person aggrieved by the
27                                  Commissioner's decision may apply to
28                                  the State Administrative Tribunal for a
29                                  review of the decision under section 23.




     page 50
                 Consumer Protection Legislation Amendment Bill 2018
                   Settlement Agents Act 1981 amended       Part 10

                                                                      s. 80



1    34AB.   Removing special conditions on licences or triennial
2            certificates
3      (1)   The Commissioner may remove a special condition
4            imposed on a licensee's licence or triennial
5            certificate --
6              (a) at any time; or
7              (b) on application by the licensee.
8      (2)   If the licensee applies under subsection (1)(b), the
9            Commissioner must, before deciding not to remove the
10           special condition on the licensee's licence or triennial
11           certificate --
12             (a) give the licensee notice in writing setting out --
13                       (i) that the Commissioner proposes to
14                           make a decision not to remove the
15                           special condition; and
16                      (ii) the reasons for the proposed decision;
17                           and
18                     (iii) that the licensee may make submissions
19                           to the Commissioner in relation to the
20                           proposed decision within the time
21                           specified in the notice;
22                    and
23             (b) consider any submissions received under
24                    paragraph (a)(iii).
25     (3)   After making a decision on an application by a
26           licensee, the Commissioner must --
27             (a) notify the licensee of the Commissioner's
28                   decision; and
29             (b) if the decision is to not remove the special
30                   condition, give the licensee notice in writing
31                   setting out --
32                      (i) the reasons for the decision; and


                                                                 page 51
     Consumer Protection Legislation Amendment Bill 2018
     Part 10       Settlement Agents Act 1981 amended

     s. 81



1                             (ii)   that a person aggrieved by the
2                                    Commissioner's decision may apply to
3                                    the State Administrative Tribunal for a
4                                    review of the decision under section 23.
5


6    81.       Sections 34C and 34D inserted
7              After section 34B insert:
8


9            34C.    Licensee may surrender licence and triennial
10                   certificate
11                   A licensee may surrender the licensee's triennial
12                   certificate, or licence and triennial certificate held in
13                   respect of the licence, at any time.

14           34D.    Firm or body corporate must surrender licence and
15                   triennial certificate in certain circumstances
16             (1)   This section applies to a licensee that is a firm or body
17                   corporate if paragraph (c) or (d) of section 28(1) or
18                   29(1) (as is relevant) ceases to apply in relation to the
19                   licensee.
20             (2)   The licensee must, within 5 days after the day on which
21                   the paragraph ceased to apply to the licensee, surrender
22                   the licensee's licence and triennial certificate held in
23                   respect of the licence, unless the licensee is carrying on
24                   business under Schedule 1 clause 10.
25             (3)   If a licensee carries on business under Schedule 1
26                   clause 10 then, at the end of the period referred to in
27                   that clause, the licensee must immediately surrender
28                   the licensee's licence and triennial certificate unless the
29                   licensee satisfies section 28(1)(c) and (d) or
30                   section 29(1)(c) and (d) (as is relevant).
31




     page 52
                           Consumer Protection Legislation Amendment Bill 2018
                             Settlement Agents Act 1981 amended       Part 10

                                                                               s. 82



1    82.         Section 41B inserted
2                After section 41A insert:
3


4            41B.      Licensee to comply with prescribed educational
5                      requirements
6                      A licensee must comply with the educational
7                      requirements prescribed by the regulations.
8                      Penalty: a fine of $5 000.
9


10   83.         Section 65 amended
11               In section 65(1) delete the Penalty and insert:
12

13                     Penalty for this subsection:
14                         (a) in the case of an offence against
15                               section 49(4) or (5), a fine of $25 000, or
16                               2 years' imprisonment;
17                         (b) in the case of an offence against
18                               section 49B(1), a fine of $50 000;
19                         (c) in any other case, a fine of $25 000.
20


21   84.         Section 81A amended
22         (1)   Delete section 81A(4).
23         (2)   In section 81A(7) delete "subsection (4)." and insert:
24

25               section 111A.
26




                                                                           page 53
     Consumer Protection Legislation Amendment Bill 2018
     Part 10       Settlement Agents Act 1981 amended

     s. 85



1    85.         Section 83 amended
2          (1)   In section 83 delete "The" and insert:
3

4                (1)   The
5

6          (2)   At the end of section 83 insert:
7

8                (2)   Despite the surrender by a person of a licence or
9                      triennial certificate or a licensee ceasing to be licensed
10                     or to hold a triennial certificate --
11                        (a) an allegation under subsection (1) in respect of
12                             a person may be made to the State
13                             Administrative Tribunal not later than
14                             12 months after the day on which the licence or
15                             certificate was surrendered or the licensee
16                             ceased to be licensed or ceased holding the
17                             certificate; and
18                       (b) the State Administrative Tribunal may exercise
19                             the powers conferred by section 84, other than
20                             the power to suspend or cancel the person's
21                             licence or certificate.
22


23   86.         Section 93 amended
24               Delete section 93(1) and (2A) and insert:
25

26               (1)   The Account is to be held and applied to reimburse a
27                     person for the person's pecuniary or property loss to
28                     the extent of the defalcation of --
29                       (a) a licensee during any period when the licensee
30                             was the holder of a current triennial certificate;
31                             or


     page 54
                           Consumer Protection Legislation Amendment Bill 2018
                             Settlement Agents Act 1981 amended       Part 10

                                                                                 s. 87



1                       (b)   a person who ceased to be the holder of a
2                             licence or triennial certificate, if --
3                                (i) the defalcation occurred during the
4                                     period of 6 months immediately
5                                     following the day on which the person
6                                     ceased to be licensed or the holder of
7                                     the triennial certificate; and
8                               (ii) the chief executive officer considers that
9                                     it is just and reasonable in the
10                                    circumstances of the claim.
11


12   87.         Section 111A amended
13         (1)   In section 111A(1) delete "in relation to an application under
14               section 24, 26A, 26B, 31 or 33" and insert:
15

16               to the Commissioner or the chief executive officer under this
17               Act
18

19         (2)   In section 111A(2):
20                 (a) delete "in relation to an application referred to in
21                       subsection (1)" and insert:
22

23                      to the Commissioner or the chief executive officer
24

25                (b)   in paragraph (a) delete "in relation to an application";
26                (c)   in paragraph (b) delete "made in relation to an
27                      application";
28                (d)   in paragraph (c) delete "in relation to an application".




                                                                              page 55
    Consumer Protection Legislation Amendment Bill 2018
    Part 10       Settlement Agents Act 1981 amended

    s. 88



1   88.       Various penalties amended
2             Amend the provisions listed in the Table as set out in the Table.
3                                      Table
              Provision               Delete                   Insert

       s. 26(1)                Penalty: $20 000.       Penalty for this
                                                       subsection: a fine of
                                                       $100 000.

       s. 40(3)                Penalty: $20 000.       Penalty for this
                                                       subsection: a fine of
                                                       $100 000.




    page 56
                           Consumer Protection Legislation Amendment Bill 2018
                   Street Collections (Regulation) Act 1940 amended   Part 11

                                                                                      s. 89



1          Part 11 -- Street Collections (Regulation) Act 1940
2                              amended
3    89.         Act amended
4                This Part amends the Street Collections (Regulation) Act 1940.

5    90.         Section 2 amended
6          (1)   In section 2 delete the definition of Metropolitan area.
7          (2)   In section 2 insert in alphabetical order:
8

9                      metropolitan region has the meaning given by the
10                     Planning and Development Act 2005 section 4(1);
11

12         (3)   In section 2 in the definition of Collection delete
13               "contributions." and insert:
14

15               contributions;
16


17   91.         Section 3 amended
18         (1)   In section 3(1) delete "area" and insert:
19

20               region
21

22         (2)   At the end of section 3(1) insert:
23

24                     Penalty for this subsection: a fine of $5 000.
25

26               Note: The heading to amended section 3 is to read:
27                     No collection in metropolitan region except by permission of
28                     Minister




                                                                               page 57
     Consumer Protection Legislation Amendment Bill 2018
     Part 11       Street Collections (Regulation) Act 1940 amended

     s. 92



1    92.       Section 6 amended
2              At the end of section 6 insert:
3

4              Penalty: a fine of $5 000.
5


6    93.       Section 7 amended
7              In section 7(2) delete "$40" and insert:
8

9              a fine of $2 000
10


11   94.       Section 8 deleted
12             Delete section 8.

13




     page 58

 


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