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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
icensing Provisions Amendment Bill 2015
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Auction Sales Act 1973
amended
3. Act amended 3
4. Section 9 deleted 3
5. Section 11 amended 3
6. Section 12 deleted 3
7. Section 16 amended 3
8. Section 19 amended 3
9. Section 37 amended 4
Part 3 -- Debt Collectors Licensing
Act 1964 amended
10. Act amended 5
11. Section 7 amended 5
12. Section 8 amended 5
13. Section 10A inserted 5
10A. Duration of licences 5
14. Section 26 amended 6
Part 4 -- Land Valuers Licensing
Act 1978 amended
15. Act amended 7
16. Section 17 amended 7
17. Section 19 amended 7
162--1 page i
Licensing Provisions Amendment Bill 2015
Contents
18. Section 20 replaced 7
20. Offence to give false or misleading
information 7
Part 5 -- Mining Act 1978 amended
19. Act amended 9
20. Section 8 amended 9
21. Section 17 inserted 9
17. Designated tenement contact 9
22. Section 40C amended 10
23. Section 111 amended 10
24. Section 162 amended 11
Part 6 -- Motor Vehicle Dealers
Act 1973 amended
25. Act amended 12
26. Section 28A amended 12
27. Section 32A amended 12
28. Section 32I replaced 12
32I. Audit of trust accounts 12
Part 7 -- Real Estate and Business
Agents Act 1978 amended
29. Act amended 14
30. Section 24 amended 14
31. Section 33 amended 14
32. Section 43 amended 14
33. Section 49 amended 15
34. Section 61 amended 15
35. Section 134A inserted 16
134A. Offence to give false or misleading
information 16
Part 8 -- Settlement Agents Act 1981
amended
36. Act amended 17
37. Section 24 amended 17
38. Section 26A amended 17
39. Section 26B amended 17
40. Section 33 amended 17
page ii
Licensing Provisions Amendment Bill 2015
Contents
41. Section 111A inserted 18
111A. Offence to give false or misleading
information 18
Part 9 -- Transport Co-ordination
Act 1966 amended
42. Act amended 19
43. Section 43A amended 19
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Licensing Provisions Amendment Bill 2015
A Bill for
An Act to amend the following --
• the Auction Sales Act 1973;
• the Debt Collectors Licensing Act 1964;
• the Land Valuers Licensing Act 1978;
• the Mining Act 1978;
• the Motor Vehicle Dealers Act 1973;
• the Real Estate and Business Agents Act 1978;
• the Settlement Agents Act 1981;
• the Transport Co-ordination Act 1966.
The Parliament of Western Australia enacts as follows:
page 1
Licensing Provisions Amendment Bill 2015
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Licensing Provisions Amendment Act 2015.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Licensing Provisions Amendment Bill 2015
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 9 deleted
5 Delete section 9.
6 5. Section 11 amended
7 (1) In section 11(2) delete "original character testimonials, together
8 with 2 copies of each testimonial" and insert:
9
10 character testimonials
11
12 (2) Delete section 11(5) and (5a).
13 (3) In section 11(9) delete "and advertisement".
14 6. Section 12 deleted
15 Delete section 12.
16 7. Section 16 amended
17 In section 16(9) delete "Subject to section 12, the" and insert:
18
19 The
20
21 8. Section 19 amended
22 (1) Delete section 19(1) and insert:
23
24 (1) On granting a general or restricted licence, the
25 magistrate shall fix the period, during which, subject to
26 this Act, the licence is to have effect.
page 3
Licensing Provisions Amendment Bill 2015
Part 2 Auction Sales Act 1973 amended
s. 9
1 (2A) The period fixed under subsection (1) shall be a period
2 that is --
3 (a) not less than 12 months; and
4 (b) not more than the prescribed period.
5 (2B) A general licence or a restricted licence may be
6 renewed from time to time for the prescribed period.
7 (2C) A period prescribed for the purposes of
8 subsection (2A)(b) or (2B) cannot be less than
9 12 months.
10 (2D) Different periods may be prescribed for the purposes of
11 subsection (2B) in relation to the renewal of licences of
12 different prescribed types or descriptions.
13
14 (2) In section 19(3) after "make it undesirable," insert:
15
16 and any amount prescribed by way of penalty for a late
17 application is paid,
18
19 9. Section 37 amended
20 (1) In section 37 delete "The" and insert:
21
22 (1) The
23
24 (2) At the end of section 37 insert:
25
26 (2) The Interpretation Act 1984 section 45(1) and (2)
27 applies in respect of fees prescribed under this Act
28 despite sections 3(3) and 45(3) of that Act.
29
page 4
Licensing Provisions Amendment Bill 2015
Debt Collectors Licensing Act 1964 amended Part 3
s. 10
1 Part 3 -- Debt Collectors Licensing Act 1964 amended
2 10. Act amended
3 This Part amends the Debt Collectors Licensing Act 1964.
4 11. Section 7 amended
5 (1) In section 7(1) delete "prescribed." and insert:
6
7 approved in writing by the Commissioner.
8
9 (2) Delete section 7(4) and (5).
10 12. Section 8 amended
11 In section 8(1) delete "prescribed." and insert:
12
13 approved in writing by the Commissioner.
14
15 13. Section 10A inserted
16 After section 9 insert:
17
18 10A. Duration of licences
19 (1) A licence is to be issued or renewed for a period
20 prescribed.
21 (2) A period prescribed for the purposes of subsection (1)
22 cannot be less than 12 months.
23 (3) Different periods may be prescribed for the purposes of
24 subsection (1) in relation to the renewal of licences of
25 different prescribed descriptions.
page 5
Licensing Provisions Amendment Bill 2015
Part 3 Debt Collectors Licensing Act 1964 amended
s. 14
1 (4) A licence may be renewed even if an application for its
2 renewal has not been made under section 8 before the
3 licence expired if --
4 (a) such an application is made within 28 days
5 after the licence has expired; and
6 (b) any amount prescribed by way of penalty for a
7 late application is paid.
8 (5) A licence renewed as described in subsection (4) is to
9 be taken for all purposes to have taken effect on the
10 day immediately succeeding the day on which the
11 previous licence expired.
12
13 14. Section 26 amended
14 (1) In section 26:
15 (a) delete "The" and insert:
16
17 (1) The
18
19 (b) after paragraph (c) insert:
20
21 (da) maintaining the accuracy of the register,
22 including the provision of information to the
23 Commissioner to assist in maintaining the
24 accuracy of the register; and
25
26 (2) At the end of section 26 insert:
27
28 (2) The Interpretation Act 1984 section 45(1) and (2)
29 applies in respect of fees prescribed under this Act
30 despite sections 3(3) and 45(3) of that Act.
31
page 6
Licensing Provisions Amendment Bill 2015
Land Valuers Licensing Act 1978 amended Part 4
s. 15
1 Part 4 -- Land Valuers Licensing Act 1978 amended
2 15. Act amended
3 This Part amends the Land Valuers Licensing Act 1978.
4 16. Section 17 amended
5 Delete section 17(3).
6 17. Section 19 amended
7 In section 19 after "person who" insert:
8
9 pays to the Commissioner the prescribed fee and
10
11 18. Section 20 replaced
12 Delete section 20 and insert:
13
14 20. Offence to give false or misleading information
15 (1) A person who gives false or misleading information in
16 relation to an application under this Part for the grant
17 or renewal of a licence commits an offence.
18 Penalty for this subsection: a fine of $20 000.
19 (2) For the purposes of subsection (1), a person gives false
20 or misleading information in relation to an application
21 under this Part for the grant or renewal of a licence if
22 the person does one or more of the following --
23 (a) states anything in relation to an application that
24 the person knows is false or misleading in a
25 material particular;
26 (b) omits anything from a statement made in
27 relation to an application without which the
page 7
Licensing Provisions Amendment Bill 2015
Part 4 Land Valuers Licensing Act 1978 amended
s. 18
1 statement is, to the person's knowledge,
2 misleading in a material particular;
3 (c) gives or produces any information in relation to
4 an application 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
page 8
Licensing Provisions Amendment Bill 2015
Mining Act 1978 amended Part 5
s. 19
1 Part 5 -- Mining Act 1978 amended
2 19. Act amended
3 This Part amends the Mining Act 1978.
4 20. Section 8 amended
5 In section 8(1) insert in alphabetical order:
6
7 designated tenement contact (DTC), in respect of a
8 mining tenement, or an application for a mining
9 tenement, means the person who is, or the persons who
10 are, in accordance with the regulations, the designated
11 tenement contact for the mining tenement or
12 application;
13
14 21. Section 17 inserted
15 After section 16 insert:
16
17 17. Designated tenement contact
18 (1) In this section --
19 give includes serve, notify, send or any similar
20 expression;
21 prescribed provision means a provision of this Act, or
22 the regulations made for the purposes of this Act --
23 (a) under which the Minister, a warden or any
24 official of the Department is required or
25 permitted to give information, a document or
26 notice to a person who holds, or has applied for,
27 a mining tenement; and
28 (b) that is prescribed for the purpose of this section.
page 9
Licensing Provisions Amendment Bill 2015
Part 5 Mining Act 1978 amended
s. 22
1 (2) Despite anything else in this Act, a prescribed
2 provision is to be taken to have been complied with
3 if --
4 (a) under the prescribed provision, information, a
5 document or notice is required or permitted to
6 be given to a person who holds, or has applied
7 for, a mining tenement; and
8 (b) the information, document or notice referred to
9 in the provision is given to the designated
10 tenement contact for that mining tenement or
11 application.
12
13 22. Section 40C amended
14 In section 40C delete "a natural" and insert:
15
16 any
17
18 23. Section 111 amended
19 (1) In section 111 delete "Notwithstanding" and insert:
20
21 (1) Notwithstanding
22
23 (2) At the end of section 111 insert:
24
25 (2) A reference to a licence or lease in subsection (1) does
26 not include a reference to a licence or lease granted on
27 an application made on or after the commencement of
28 the Licensing Provisions Amendment Act 2015
29 section 23.
30
31 Note: The heading to amended section 111 is to read:
32 Iron authorisations
page 10
Licensing Provisions Amendment Bill 2015
Mining Act 1978 amended Part 5
s. 24
1 24. Section 162 amended
2 After section 162(2)(eb) insert:
3
4 (ec) regulate matters in connection with designated
5 tenement contacts for mining tenements and
6 applications for mining tenements, including
7 without limitation --
8 (i) to require a person who holds, or has
9 applied for, a mining tenement to have a
10 designated tenement contact for the
11 mining tenement or application;
12 (ii) to provide the manner in which
13 designated tenement contacts are to be
14 nominated for mining tenements, or
15 applications for mining tenements, by
16 persons who hold, or have applied for,
17 mining tenements;
18 (iii) to provide for matters relating to the
19 provision, updating and accurate
20 recording of particulars relating to
21 designated tenement contacts;
22
page 11
Licensing Provisions Amendment Bill 2015
Part 6 Motor Vehicle Dealers Act 1973 amended
s. 25
1 Part 6 -- Motor Vehicle Dealers Act 1973 amended
2 25. Act amended
3 This Part amends the Motor Vehicle Dealers Act 1973.
4 26. Section 28A amended
5 In section 28A(1) delete the passage that begins with "to the
6 nearest" and continues to the end of the section and insert:
7
8 the number plates to the nearest licensing or registering
9 authority.
10
11 27. Section 32A amended
12 (1) In section 32A insert in alphabetical order:
13
14 registered company auditor has the meaning given in
15 the Corporations Act 2001 (Commonwealth) section 9;
16 year, unless otherwise prescribed, means a financial
17 year.
18
19 (2) In section 32A in the definition of trust account delete
20 "section 32C." and insert:
21
22 section 32C;
23
24 28. Section 32I replaced
25 Delete section 32I and insert:
26
27 32I. Audit of trust accounts
28 (1) A person who carries on the business of a dealer for the
29 whole or part of a year must ensure that each trust
page 12
Licensing Provisions Amendment Bill 2015
Motor Vehicle Dealers Act 1973 amended Part 6
s. 28
1 account that is held by the dealer for that year, or part
2 of a year, as the case may be, is audited by a registered
3 company auditor.
4 Penalty for this subsection: a fine of $5 000.
5 (2) A dealer is to be taken to have complied with
6 subsection (1) in relation to a year if the dealer --
7 (a) has neither received nor held money in a trust
8 account during that year; and
9 (b) makes a statutory declaration to that effect; and
10 (c) gives the statutory declaration to the
11 Commissioner within the period prescribed by
12 the regulations.
13
page 13
Licensing Provisions Amendment Bill 2015
Part 7 Real Estate and Business Agents Act 1978 amended
s. 29
1 Part 7 -- Real Estate and Business Agents
2 Act 1978 amended
3 29. Act amended
4 This Part amends the Real Estate and Business Agents Act 1978.
5 30. Section 24 amended
6 (1) Delete section 24(3).
7 (2) In section 24(4) delete "determines, verified if the
8 Commissioner so requires by statutory declaration." and insert:
9
10 determines.
11
12 31. Section 33 amended
13 (1) Delete section 33(3).
14 (2) In section 33(4) delete "determines, verified if the
15 Commissioner so requires by statutory declaration." and insert:
16
17 determines.
18
19 32. Section 43 amended
20 (1) Delete section 43(2).
21 (2) In section 43(3) delete "determines, verified if the
22 Commissioner so requires by statutory declaration." and insert:
23
24 determines.
25
page 14
Licensing Provisions Amendment Bill 2015
Real Estate and Business Agents Act 1978 amended Part 7
s. 33
1 33. Section 49 amended
2 (1) Delete section 49(5).
3 (2) In section 49(6) delete "determines, verified if the
4 Commissioner so determines by statutory declaration." and
5 insert:
6
7 determines.
8
9 34. Section 61 amended
10 (1) In section 61(4) delete "unless there is a failure to settle the
11 transaction and that failure is due to the fault of the agent's
12 principal." and insert:
13
14 unless --
15 (a) there is a failure to settle the transaction and
16 that failure is due to the fault of the agent's
17 principal; or
18 (b) it is a prescribed transaction.
19
20 (2) In section 61(4a) insert in alphabetical order --
21
22 prescribed transaction means any of the following
23 transactions --
24 (a) the sale of a lot in a proposed scheme described
25 in the Strata Titles Act 1985 section 70(1);
26 (b) any other transaction prescribed, or that belongs
27 to a class of transactions prescribed, for the
28 purposes of this definition;
29
page 15
Licensing Provisions Amendment Bill 2015
Part 7 Real Estate and Business Agents Act 1978 amended
s. 35
1 35. Section 134A inserted
2 After section 133 insert:
3
4 134A. Offence to give false or misleading information
5 (1) A person who gives false or misleading information in
6 relation to an application under section 24, 33, 43, 48
7 or 49 commits an offence.
8 Penalty for this subsection: a fine of $20 000.
9 (2) For the purposes of subsection (1), a person gives false
10 or misleading information in relation to an application
11 referred to in subsection (1) if the person does one or
12 more of the following --
13 (a) states anything in relation to an application that
14 the person knows is false or misleading in a
15 material particular;
16 (b) omits anything from a statement made in
17 relation to an application without which the
18 statement is, to the person's knowledge,
19 misleading in a material particular;
20 (c) gives or produces any information in relation to
21 an application that --
22 (i) the person knows is false or misleading
23 in a material particular; or
24 (ii) omits anything without which the
25 information is, to the person's
26 knowledge, misleading in a material
27 particular.
28
page 16
Licensing Provisions Amendment Bill 2015
Settlement Agents Act 1981 amended Part 8
s. 36
1 Part 8 -- Settlement Agents Act 1981 amended
2 36. Act amended
3 This Part amends the Settlement Agents Act 1981.
4 37. Section 24 amended
5 (1) Delete section 24(3).
6 (2) In section 24(4) delete "determines, verified if the
7 Commissioner so requires by statutory declaration." and insert:
8
9 determines.
10
11 38. Section 26A amended
12 (1) Delete section 26A(3).
13 (2) In section 26A(4) delete "determines, verified if the
14 Commissioner so requires by statutory declaration." and insert:
15
16 determines.
17
18 39. Section 26B amended
19 (1) Delete section 26B(3).
20 (2) In section 26B(4) delete "determines, verified if the
21 Commissioner so requires by statutory declaration." and insert:
22
23 determines.
24
25 40. Section 33 amended
26 (1) Delete section 33(3).
page 17
Licensing Provisions Amendment Bill 2015
Part 8 Settlement Agents Act 1981 amended
s. 41
1 (2) In section 33(4) delete "determines, verified if the
2 Commissioner so requires by statutory declaration." and insert:
3
4 determines.
5
6 41. Section 111A inserted
7 After section 110 insert:
8
9 111A. Offence to give false or misleading information
10 (1) A person who gives false or misleading information in
11 relation to an application under section 24, 26A, 26B,
12 31 or 33 commits an offence.
13 Penalty for this subsection: a fine of $20 000.
14 (2) For the purposes of subsection (1), a person gives false
15 or misleading information in relation to an application
16 referred to in subsection (1) if the person does one or
17 more of the following --
18 (a) states anything in relation to an application that
19 the person knows is false or misleading in a
20 material particular;
21 (b) omits anything from a statement made in
22 relation to an application without which the
23 statement is, to the person's knowledge,
24 misleading in a material particular;
25 (c) gives or produces any information in relation to
26 an application that --
27 (i) the person knows is false or misleading
28 in a material particular; or
29 (ii) omits anything without which the
30 information is, to the person's
31 knowledge, misleading in a material
32 particular.
33
page 18
Licensing Provisions Amendment Bill 2015
Transport Co-ordination Act 1966 amended Part 9
s. 42
1 Part 9 -- Transport Co-ordination Act 1966 amended
2 42. Act amended
3 This Part amends the Transport Co-ordination Act 1966.
4 43. Section 43A amended
5 In section 43A delete "of one year" and insert:
6
7 of not more than 5 years
8
9
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