Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
2. Commencement
4. Terms used
PART II -- Advisory Committee and review
22. Powers of investigation
23. Application for review by SAT
Division 4 -- Advisory committees
23A. Advisory committees, establishing etc.
23B. Minister may delegate s. 23A powers
Division 5 -- Conciliation
23C. Conciliation of disputes about transactions
PART III -- Licensing of agents
24. Applications for licences
25. Objections to grants of licences
26. Real estate agents and business agents must be licensed
27. Natural persons, licensing of
28. Firms, licensing of
29. Bodies corporate, licensing of
30. Licence, effect of
31. Triennial certificates, grant and renewal of
32. Triennial certificates, late renewal of
33. Triennial certificates expired for over a year, applications to renew
34. Conditions on licences and triennial certificates
34A. Unopposed applications
34B. SAT may suspend licence in some cases
35. Licensee to notify Commissioner when commencing or ceasing business
36. Registered office of licensee
37. Branch office of licensee
38. Triennial certificates, contents of
39. Licence and triennial certificate not transferable etc.
40. Business names, use of by licensees
41. Notices to be exhibited at offices; particulars to appear on documents
PART IV -- Registration of sales representatives
42. Natural persons only may be registered
43. Applications for registration
44. Real estate sales representatives must be registered etc.
45. Business sales representatives must be registered etc.
46. Partners and directors of licensees to be registered in certain cases
47. Natural persons, grant of certificate of registration to
48. Certificates of registration, duration and renewal of
49. Certificates of registration, late renewal of
50. Duties of registered persons; Commissioner may impose special conditions on certificates of registration
50A. Unopposed applications
50B. SAT may suspend registration in some cases
51. Registered sales representatives to notify Commissioner of certain changes
52. Certificate of registration not transferable
53. Certificate of registration, surrender of
54. Sales representatives, employment of
55. Sales representative to be in service of one person
PART V -- General controls
56. Franchising agreements, licensee not to carry on business under without Commissioner’s approval
57. Developers, principal place of business to be registered and service on
58. Developer to notify Commissioner of change in principal place of business
59. Developer to keep records of real estate transactions
60. Agent not entitled to commission etc. unless licensed and validly appointed
61. Maximum remuneration of licensees, fixing of etc.
61A. Agents not to demand etc. money etc. for letting etc. from tenants
62. Advertising by agents and developers
63. Agents etc. to supply signatories of documents with copies
64. Conflicts of interest of agents etc.
65. Rates etc., agents to ensure payment and apportionment of
66. Keys to houses etc. and information about tenancies etc., payment for is an offence
PART VI -- Agents’ trust accounts
67. Terms used
68. Trust accounts, use of etc.
68A. Client may ask agent for separate trust account
68B. Interest on trust accounts to be paid by financial institutions
68C. Agents to give Commissioner information about trust accounts
69. Money received by agents, duties as to
70. Audits of trust accounts
71. Date of audit, Commissioner may change
72. Auditors, qualification and approval of
73. Auditors, appointment of
74. Audits of business carried on at more than one place, directions as to
75. Approvals etc. under this Part, Commissioner’s power to cancel etc.
77. Audits, agents’ duties and auditors’ powers as to
78. Audits, bankers’ duties as to
79. Auditors’ reports, content of
80. Moneys etc. held on trust, statement of by agents
81. Auditor’s report to report breaches of law etc.
82. Auditors’ duty of confidentiality
83. Right of some persons to information in auditors’ reports
84. Offences under this Part
85. Auditors’ remuneration
86. Agents with no accounts to audit
87. Accounts of firm or body corporate or agent with branch office, effect of audits as to
88. Audit of trust account, Commissioner may do
90. Cost of audit done under s. 88
91. Confidentiality of audit done under s. 88
92. Restraining bank etc. from dealing with agent’s account, SAT’s powers as to
93. Suspension of agents, appointment of supervisors etc., SAT’s powers as to
94. Order under s. 93 for supervisor, effect of
95. Supervisors’ duties
96. Hindering etc. supervisors, offence
97. Discharge or variation of s. 92 or 93 order
98. SAT’s additional powers as to s. 92, 93 and 97 orders; schemes for distributing funds
99. Service of s. 92, 93, 97 or 98 orders; penalty for breach of
100. Banks etc., duty to disclose certain accounts etc. if required to by authorised person
100A. Information about trust accounts, Commissioner’s power to obtain
PART VII -- Discipline of agents and sales representatives
101. Codes of conduct
102. Disciplinary action by SAT, alleging cause for
103. Disciplinary action, SAT’s powers as to
104. Offences that cause licence and triennial certificate to be cancelled
105. Certain offences by licensees, additional sentencing powers for
106. Persons with cancelled licences etc., offences by and in respect of
PART VIII -- Fidelity Guarantee Account
107. Account established
108. Investment of moneys in account
109. Moneys to be credited to account
110. Expenditure from account
112. Administration of account
113. Payments to account by applicants for licences etc.
114. Cap on payments under s. 113
115. Levies for account against certificate holders
116. Purpose of account; making claims against account
117. Claims against account; recovery from account
118. Defences to claims against account
119. Subrogation of rights of claimant against account
120. Insufficiency in account
121. State may insure against claims
122. Application of insurance payouts
123. Advertising for claims in relation to defaulting licensee
124. Documents etc. to support claims, CEO may require
PART VIIIA -- Education and General Purpose Account
124A. Account established; administration of account
124B. Moneys to be credited to account
124C. Expenditure from account
124D. Investment of moneys in account
PART IX -- Real Estate and Business Agents Interest Account
125. Account established; administration of account
126. Moneys to be credited to account
127. Expenditure from account
128. Investment of moneys in account
PART IXA -- Assistance to home buyers
131A. Terms used
131B. Home Buyers Assistance Account established
131C. Investment of moneys in account
131D. Moneys to be credited to account
131E. Expenditure from account
131G. Administration of account
131L. Applying for assistance for buyers of first homes
131M. Deciding applications for assistance
131N. Assistance, payment and application of
131O. Criteria for granting assistance, formulating
PART X -- Miscellaneous
132. Unlicensed assistants to be supervised etc.
133. Registers of licensees etc., Commissioner to keep etc.
134. Names etc. of licensees etc. to be published annually etc.; evidentiary provision
135. Annual report by department
136. Commissioner to report to Minister on Act’s effectiveness as to protecting against defalcations
136A. Refunds of fees, Commissioner’s powers as to
137. Protection from personal liability
138. Confidentiality of information officially obtained
139. Directors of body corporate, liability of
140. Other rights and remedies not affected by this Act
141. Rights conferred by Act cannot be waived
142. General penalty for offences
143. Proceedings for offences
144. Forms
145. Regulations
PART XI -- Savings and transitional
Division 1 -- Savings and transitional (1978)
146. Modifications of other Parts
147. Interpretation Act 1918 not affected
Division 2 -- Savings and transitional (2010)
148. Terms used
149. Former Board abolished
150. References to former Board
151. Immunity continues
152. Notices by former Board
153. References to former Registrar
154. Unfinished investigations by former Board
155. Unfinished proceedings by former Board
156. Winding-up former Board
157. Final report by former Board
158. Staff of former Board
159. Transitional regulations
SCHEDULE
[Reprinted under the Reprints Act 1984 as at 18 November 2011]
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