[r. 14]
[Heading inserted: Gazette 28 Aug 2009
p. 3351.]
Offences under Real Estate and Business Agents Act 1978 |
Modified penalty | |
---|---|---|
s. 36(1) |
Failing to have registered office in the State |
$200 |
s. 37(1) |
Failing to register a branch office |
$200 |
s. 37(2) |
Failing to have qualified manager at branch office |
$200 |
s. 40B |
Licensee failing to comply with educational requirements |
$1 000 |
s. 40(1)(a) |
Carrying on business under a name not endorsed on triennial certificate |
$200 |
s. 40(1)(b) |
Failing to include surname and initials of licensee on all business
correspondence |
$200 |
s. 40(3) |
Failing to notify Commissioner of alteration of business name |
$200 |
s. 50C |
Sales representative failing to comply with educational requirements |
$1 000 |
s. 84(1) |
Failing to cause audit of trust account under section 70(1) |
$2 000 |
s. 84(1) |
Failing to deliver audit report to the Commissioner under section 70(3) |
$2 000 |
s. 84(1) |
Failing to deliver a termination audit report under section 70(8) |
$600 |
s. 142 |
Failing to notify Commissioner of commencing or ceasing business under
section 35 |
$400 |
s. 142 |
Branch manager acting for more than one licensee or as an agent on own account
under section 37(3) |
$400 |
s. 142 |
Failing to display official details at registered office under
section 41(1)(a) |
$400 |
s. 142 |
Failing to display official details at branch office under
section 41(1)(b) |
$400 |
s. 142 |
Failing to display official details on all correspondence and documents from
registered office under section 41(2)(a) |
$400 |
s. 142 |
Failing to display official details on all correspondence and documents from
branch office under section 41(2)(b) |
$400 |
s. 142 |
Failing to notify Commissioner of commencing or ceasing employment, or acting,
as a sales representative under section 51(1) |
$400 |
Offence under Real Estate and Business Agents (General) Regulations 1979 |
Modified penalty | |
r. 8 |
Failing to notify Commissioner of change in particulars |
$200 |
[Schedule 3 inserted: Gazette
28 Aug 2009 p. 3351‑2; amended: Gazette 30 Jun 2011
p. 2670; 23 Oct 2012 p. 5055; SL 2020/257 r. 12.]
This is a compilation of the Real Estate and Business Agents (General)
Regulations 1979 and includes amendments made by other written laws. For
provisions that have come into operation, and for information about any
reprints, see the compilation table.
Citation |
Published |
Commencement |
---|---|---|
31 Aug 1979 p. 2616‑18 |
1 Sep 1979 | |
Real Estate and Business Agents (General) Amendment Regulations 1980 |
26 Sep 1980 p. 3312 |
26 Sep 1980 |
Real Estate and Business Agents (General) Amendment Regulations 1981 |
26 Jun 1981 p. 2293 |
26 Jun 1981 |
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1981 |
6 Nov 1981 p. 4526 |
1 Dec 1981 (see r. 2) |
Real Estate and Business Agents (General) Amendment Regulations 1982 |
2 Jul 1982 p. 2334‑6 |
2 Jul 1982 1 |
Reprint of the Real Estate and Business Agents (General)
Regulations 1979 in Gazette 26 Nov 1982 p. 4667‑74
(includes amendments listed above) | ||
Real Estate and Business Agents (General) Amendment Regulations 1983 |
21 Oct 1983 p. 4298 |
1 Jan 1984 (see r. 2) |
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1983 |
30 Dec 1983 p. 5121‑2 |
30 Dec 1983 |
Real Estate and Business Agents (General) Amendment Regulations 1984
2 |
21 Dec 1984 p. 4191 |
21 Dec 1984 |
Real Estate and Business Agents (General) Amendment Regulations 1985 |
21 Jun 1985 p. 2262 |
21 Jun 1985 |
Real Estate and Business Agents (General) Amendment Regulations 1986 |
28 Feb 1986 p. 668 |
28 Feb 1986 |
Real Estate and Business Agents (General) Amendment Regulations 1986 |
13 Jun 1986 p. 1997‑8 |
1 Jul 1986 (see r. 2) |
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1986 |
8 Aug 1986 p. 2870‑1 |
1 Feb 1987 (see r. 2) |
Real Estate and Business Agents (General) Amendment Regulations (No. 4) 1986 |
24 Dec 1986 p. 4998 |
24 Dec 1986 |
Real Estate and Business Agents (General) Amendment Regulations 1987 |
8 May 1987 p. 2103 |
8 May 1987 |
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1987 |
4 Sep 1987 p. 3519 |
4 Sep 1987 |
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1987 |
30 Oct 1987 p. 4047 |
30 Oct 1987 |
Real Estate and Business Agents (General) Amendment Regulations (No. 4) 1987 |
18 Dec 1987 p. 4516 |
18 Dec 1987 |
Real Estate and Business Agents (General) Amendment Regulations 1988 |
12 Aug 1988 p. 2770 |
12 Aug 1988 |
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1988 |
2 Sep 1988 p. 3466 |
2 Sep 1988 |
Real Estate and Business Agents (General) Amendment Regulations 1989 |
20 Jan 1989 p. 132 |
20 Jan 1989 |
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1989 |
3 Feb 1989 p. 360 |
3 Feb 1989 |
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1989 |
30 Jun 1989 p. 1979 |
1 Jul 1989 (see r. 2) |
Real Estate and Business Agents (General) Amendment Regulations 1990 |
15 Jun 1990 p. 2723 (erratum 22 Jun 1990
p. 3034) |
15 Jun 1990 |
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1990 |
20 Jul 1990 p. 3461 |
20 Jul 1990 |
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 1990 |
1 Aug 1990 p. 3652‑3 |
1 Aug 1990 |
Real Estate and Business Agents (General) Amendment Regulations (No. 4) 1990 |
26 Oct 1990 p. 5370 |
26 Oct 1990 |
Real Estate and Business Agents (General) Amendment Regulations 1991 |
28 Jun 1991 p. 3119 |
28 Jun 1991 |
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 1991 |
13 Dec 1991 p. 6160 |
13 Dec 1991 |
Real Estate and Business Agents (General) Amendment Regulations 1992 |
14 Aug 1992 p. 4011‑12 |
14 Aug 1992 |
Reprint of the Real Estate and Business Agents (General)
Regulations 1979 as at 1 Oct 1992 (includes amendments listed
above) | ||
Real Estate and Business Agents (General) Amendment Regulations 1993 |
30 Nov 1993 p. 6411‑12 |
30 Nov 1993 |
Real Estate and Business Agents (General) Amendment Regulations 1994 |
30 Sep 1994 p. 4969‑72 |
6 Oct 1994 (see r. 2) |
Real Estate and Business Agents (General) Amendment
Regulations (No. 2) 1994 |
9 Dec 1994 p. 6661‑2 |
9 Dec 1994 |
Real Estate and Business Agents (General) Amendment Regulations 1996 |
7 Jun 1996 p. 2392 |
7 Jun 1996 |
Real Estate and Business Agents (General) Amendment Regulations (No. 3)
1996 |
25 Jun 1996 p. 2917‑22 |
1 Jul 1996 (see r. 2 and Gazette 25 Jun 1996
p. 2902) |
Real Estate and Business Agents (General) Amendment Regulations (No. 2)
1996 |
25 Jun 1996 p. 2923‑5 |
1 Jul 1996 (see r. 2 and Gazette 1 Jul 1996
p. 3179) |
Real Estate and Business Agents (General) Amendment Regulations 1997 |
27 Jun 1997 p. 3099‑101 |
1 Jul 1997 (see r. 2) |
Reprint of the Real Estate and Business Agents (General) Regulations 1979 as
at 28 Nov 1997 (includes amendments listed above) | ||
Real Estate and Business Agents (General) Amendment Regulations 1998 |
16 Oct 1998 p. 5733‑5 |
1 Nov 1998 (see r. 2 and Gazette 16 Oct 1998
p. 5729) |
Real Estate and Business Agents (General) Amendment Regulations 1999 |
8 Oct 1999 p. 4782‑3 |
8 Oct 1999 |
Real Estate and Business Agents (General) Amendment Regulations 2000 |
18 Feb 2000 p. 913‑14 |
18 Feb 2000 |
Real Estate and Business Agents (General) Amendment Regulations 2001 |
6 Nov 2001 p. 5837 |
6 Nov 2001 |
Real Estate and Business Agents (General) Amendment Regulations 2002 |
8 Feb 2002 p. 599‑602 |
8 Feb 2002 |
Reprint of the Real Estate and Business Agents (General)
Regulations 1979 as at 8 Mar 2002 (includes amendments listed
above) | ||
Real Estate and Business Agents (General) Amendment Regulations 2003
3 |
7 Feb 2003 p. 384‑7 (as amended
13 Jan 2004 p. 145‑6) |
7 Feb 2003 |
Real Estate and Business Agents (General) Amendment Regulations 2004 |
13 Jan 2004 p. 145‑6 |
13 Jan 2004 |
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2004 |
30 Dec 2004 p. 6924 |
1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004
p. 7130) |
Real Estate and Business Agents (General) Amendment Regulations 2006 |
27 Jun 2006 p. 2269‑70 |
1 Jul 2006 (see r. 2) |
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2006 |
17 Nov 2006 p. 4759‑60 |
17 Nov 2006 |
Real Estate and Business Agents (General) Amendment Regulations 2007 |
6 Feb 2007 p. 307‑10 |
6 Feb 2007 |
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2007 |
9 Mar 2007 p. 847‑8 |
9 Mar 2007 |
Reprint 5: The Real Estate and Business Agents (General)
Regulations 1979 as at 8 Jun 2007 (includes amendments listed
above) | ||
Real Estate and Business Agents (General) Amendment Regulations (No. 4) 2007 |
24 Jul 2007 p. 3659‑60 |
r. 1 and 2: 24 Jul 2007 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations (No. 5) 2007 |
28 Dec 2007 p. 6403‑7 |
r. 1 and 2: 28 Dec 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Dec 2007 (see
r. 2(b)) |
Real Estate and Business Agents (General) Amendment Regulations (No. 2) 2008 |
17 Jun 2008 p. 2557‑8 |
r. 1 and 2: 17 Jun 2008 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations 2008 |
24 Jun 2008 p. 2886‑7 |
r. 1 and 2: 24 Jun 2008 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations (No. 3) 2008 |
23 Dec 2008 p. 5465‑7 |
r. 1 and 2: 23 Dec 2008 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations 2009 |
17 Apr 2009 p. 1319‑23 |
r. 1 and 2: 17 Apr 2009 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations
(No. 2) 2009 |
8 May 2009 p. 1491‑2 |
r. 1 and 2: 8 May 2009 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations
(No. 4) 2009 |
23 Jun 2009 p. 2453‑4 |
r. 1 and 2: 23 Jun 2009 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations
(No. 3) 2009 |
28 Aug 2009 p. 3347‑52 |
r. 1 and 2: 28 Aug 2009 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations
(No. 5) 2009 |
10 Nov 2009 p. 4495‑6 |
r. 1 and 2: 10 Nov 2009 (see r. 2(a)); |
Reprint 6: The Real Estate and Business Agents (General)
Regulations 1979 as at 11 Dec 2009 (includes amendments listed
above) | ||
Real Estate and Business Agents (General) Amendment Regulations 2010 |
28 May 2010 p. 2297-8 |
r. 1 and 2: 28 May 2010 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations
(No. 2) 2010 |
25 Jun 2010 p. 2851‑2 |
r. 1 and 2: 25 Jun 2010 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations 2011 |
22 Jun 2011 p. 2367-8 |
r. 1 and 2: 22 Jun 2011 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment
Regulations (No. 2) 2011 |
30 Jun 2011 p. 2669-72 |
r. 1 and 2: 30 Jun 2011 (see r. 2(a)); |
Reprint 7: The Real Estate and Business Agents (General)
Regulations 1979 as at 3 Feb 2012 (includes amendments listed
above) | ||
Real Estate and Business Agents (General) Amendment Regulations 2012 |
15 Jun 2012 p. 2599-600 |
r. 1 and 2: 15 Jun 2012 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations (No.
2) 2012 |
23 Oct 2012 p. 5049‑55 |
r. 1 and 2: 23 Oct 2012 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations (No.
2) 2013 |
27 Jun 2013 p. 2691-2 |
r. 1 and 2: 27 Jun 2013 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations 2013 |
20 Aug 2013 p. 3839 |
r. 1 and 2: 20 Aug 2013 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations 2014 |
17 Jun 2014 p. 1977‑8 |
r. 1 and 2: 17 Jun 2014 (see r. 2(a)); |
Reprint 8: The Real Estate and Business Agents (General)
Regulations 1979 as at 19 Sep 2014 (includes amendments listed
above) | ||
Real Estate and Business Agents (General) Amendment Regulations
(No. 2) 2014 |
18 Nov 2014 p. 4324-5 |
r. 1 and 2: 18 Nov 2014 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations 2015 |
15 May 2015 p. 1717‑18 |
r. 1 and 2: 15 May 2015 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations
(No. 2) 2015 |
23 Jun 2015 p. 2184‑5 |
r. 1 and 2: 23 Jun 2015 (see r. 2(a)); |
Commerce Regulations Amendment (Fees and Charges) Regulations 2016 Pt. 16 |
3 Jun 2016 p. 1745-73 |
1 Jul 2016 (see r. 2(b)) |
Commerce Regulations Amendment (Fees and Charges) Regulations 2017
Pt. 18 |
23 Jun 2017 p. 3213‑52 |
1 Jul 2017 (see r. 2(b)) |
Real Estate and Business Agents (General) Amendment Regulations 2017 |
30 Jun 2017 p. 3553‑4 |
r. 1 and 2: 30 Jun 2017 (see r. 2(a)); |
Commerce and Industrial Relations Regulations Amendment (Fees and Charges)
Regulations 2018 Pt. 18 |
25 Jun 2018 p. 2325‑53 |
1 Jul 2018 (see r. 2(b)) |
Commerce Regulations Amendment (Fees and Charges) Regulations 2019
Pt. 16 |
18 Jun 2019 p. 2077‑115 |
1 Jul 2019 (see r. 2(b)) |
Consumer Protection Regulations Amendment Regulations 2019 Pt. 4 |
24 Dec 2019 p. 4416‑20 |
1 Jan 2020 (see r. 2(b) and Gazette 24 Dec 2019
p. 4415) |
Commerce Regulations Amendment (Infringement Notices) Regulations 2020
Pt. 23 |
SL 2020/163 25 Sep 2020 |
29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |
Commerce Regulations Amendment (COVID‑19 Response) Regulations
(No. 2) 2020 Pt. 16 |
SL 2020/196 27 Oct 2020 |
28 Oct 2020 (see r. 2(b)) |
Real Estate and Business Agents (General) Amendment Regulations 2020 |
SL 2020/209 30 Oct 2020 |
r. 1 and 2: 30 Oct 2020 (see r. 2(a)); |
Real Estate and Business Agents (General) Amendment Regulations
(No. 2) 2020 |
SL 2020/257 24 Dec 2020 |
r. 1 and 2: 24 Dec 2020 (see r. 2(a)); |
Commerce Regulations Amendment (Community Titles) Regulations 2021
Pt. 5 |
SL 2021/71 18 Jun 2021 |
30 Jun 2021 (see r. 2(b) and SL 2021/69 cl. 2) |
Commerce Regulations Amendment (Fees and Charges) Regulations 2021
Pt. 18 |
SL 2021/86 21 Jun 2021 |
1 Jul 2021 (see r. 2(b)) |
Commerce Regulations Amendment (Fees and Charges) Regulations 2022
Pt. 16 |
SL 2022/59 20 May 2022 |
1 Jul 2022 (see r. 2(b)) |
Commerce Regulations Amendment (Fees and Charges) Regulations 2023
Pt. 16 |
SL 2023/35 5 May 2023 |
1 Jul 2023 (see r. 2(b)) |
Commerce Regulations Amendment (Property Licensing) Regulations 2023
Pt. 3 |
SL 2023/131 |
10 Aug 2023 (see r. 2(b)) |
1 The commencement date in r. 2 was of no
effect as it was before the date of gazettal.
2 The Miscellaneous Regulations (Validation)
Act 1985 applied to these regulations. It deemed the regulations not to
have ceased to have effect as a result of the failure to comply with
section 42(1) of the Interpretation Act 1984 , subject to their
being laid before the Legislative Assembly.
3 The Real Estate and Business Agents (General)
Amendment Regulations 2003 r. 4(2) (as amended in Gazette
13 Jan 2004 p. 146) and r. 5(2) are transitional
provisions that are of no further effect.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
activity
2(1)
applicant 4AB(1)
approved CPD
activity 2(1)
authorised financial institution
6C
business 6E(2)
calendar year 2(1)
commencement day
16(1)
continuing professional development
2(1)
CPD subject 2(1)
educational activity
2(1)
former regulation 4AA
16(1)
holding fee 4A(1)
mandatory
CPD activity 2(1)
point value
2(1)
record 2(1)
register
2(1)
registered training provider
2(1)
regulated person 2(1)
relevant bank accepted
bills rate 6F(2)
restricted certificate (property
management) 2(1)
restricted certificate (sales)
2(1)
unrestricted certificate
2(1)
working day 2(1)
© State of Western Australia 2023.
This work is licensed under a Creative
Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant
information and for a link to a copy of the licence, visit
www.legislation.wa.gov.au .
Attribute work as: © State of Western
Australia 2023.
By Authority: GEOFF O. LAWN, Government Printer