Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 27 and 146]
[Heading inserted by No. 19 of 2010
s. 28(2).]
Division 1 — Qualifications for grant of licence
[Heading inserted by No. 19 of 2010
s. 28(2).]
A person —
(a) who
has passed, subject to approved exemptions, the prescribed examinations
relating to the carrying on and conduct of the business of an agent and the
duties and liabilities of an agent and has had sufficient practical experience
in negotiating transactions to enable him to carry on the business of an agent
satisfactorily; or
(b) who
has within a period of 5 years immediately preceding his
application —
(i)
held for a period of at least 2 years a licence, or
similar authority, under an approved corresponding enactment of any State or
Territory of the Commonwealth to act as an agent or the approved equivalent
thereof; and
(ii)
in that State or Territory for a period of at least
2 years acted as and carried out the functions of an agent,
whether on his own
behalf or on behalf of a firm or a body corporate, not being a licence, or
similar authority, granted to him as being a person of the kind referred to in
paragraphs (c) and (d); or
(c) who
is an executor, administrator, or trustee of a deceased licensee and his
application is for the purpose of performing functions, exercising powers, or
carrying out duties as such; or
(d) who
is a spouse or child of a deceased or incapacitated licensee, or a de facto
partner of such a licensee (and has been for not less than 2 years
immediately before the death or incapacity of the licensee), and is seeking a
licence to conduct the business of that licensee until other arrangements can
be made for the lawful conduct thereof but not for any period exceeding
3 years,
is, subject to this
Act, qualified for the grant of a licence.
[Clause 1 amended by No. 74 of 1980
s. 13(a); No. 28 of 2003 s. 177(1); No. 19 of 2010
s. 51.]
2 . Sufficient practical experience defined
For the purposes of
clause 1(a), but without limiting the generality of the provision in that
paragraph in respect of practical experience, a person has had sufficient
practical experience in negotiating transactions if he has, during a period of
2 years immediately preceding his application for a licence —
(a)
lawfully and satisfactorily performed the functions of a sales representative
on behalf of a person who lawfully carried out the functions of an agent,
during that period or on behalf of a firm which did so; or
(b)
lawfully and satisfactorily performed the functions of a business agent on his
own behalf or on behalf of a firm, or a body corporate, which lawfully carried
on the business of a business agent during that period.
[Clause 2 amended by No. 19 of 2010
s. 51.]
3 . Licence by reason of qualification under
cl. 1(c)
Such a licence shall
not be effective any longer than is necessary for the licensee to perform his
functions, exercise his powers, and carry out his duties as executor,
administrator, or trustee of the deceased licensee.
[Clause 3 amended by No. 19 of 2010
s. 51.]
4 . Licence by reason of qualification under
cl. 1(d)
Such a licence is to
be granted at the discretion of the Commissioner and shall be effective only
for such period not exceeding 3 years as is determined by the
Commissioner and no further such licence shall be granted to the same person
in respect of the same circumstances.
[Clause 4 amended by No. 28 of 2003
s. 177(2); No. 19 of 2010 s. 51; No. 58 of 2010 s. 134.]
5 . Dead or incapacitated licensee, conduct of
business of
(1) A person who is
not —
(a) an
executor, administrator, trustee or child of a deceased licensee, or who was
not the spouse or de facto partner, within the meaning of clause 1(d), of
a deceased licensee immediately before the death of the licensee; or
(b) in
respect of an incapacitated licensee, the spouse or de facto partner of the
licensee, within the meaning of clause 1(d), of the licensee,
may, with the written
permission of the Commissioner, conduct the business of that licensee for such
period not exceeding 3 months as is specified in the written permission
notwithstanding that he is not otherwise qualified to hold a licence.
(2) The Commissioner
shall not give his or her written permission for the purposes of
subclause (1) unless —
(a) the
Commissioner receives an application in writing signed by the person seeking
to carry on the business; and
(b) the
Commissioner is satisfied that the person is of good character and repute and
fit to be concerned temporarily in the management and control of the deceased
licensee’s business and that it is in the interests of that business
that the person should be so concerned.
(3) While a person
carries on the business of a deceased or incapacitated licensee pursuant to
this clause he is deemed to be a licensee and the holder of a current
triennial certificate and the business is deemed to have carried on without
interruption by reason of the death or incapacity.
[Clause 5 amended by No. 28 of 2003
s. 177(3); No. 19 of 2010 s. 51; No. 58 of 2010 s. 134.]
6 . Death or withdrawal of partner in firm or
director of body corporate, Commissioner to be notified
(1) Where a firm or
body corporate is licensed and the holder of a current triennial certificate
but subsequently by reason of a death or withdrawal it ceases to be qualified
in terms of section 28(c) and (d) or section 29(c) and (d), the firm
or body corporate shall immediately give to the Commissioner written notice to
that effect, and the firm or body corporate may, on such terms as the
Commissioner may notify to the firm or body corporate, carry on business for a
period of 3 months after the death or withdrawal or until other
arrangements are made to comply with the Act, whichever is the sooner.
(2) Where a firm or
body corporate carries on business pursuant to this clause the business is
deemed to have been carried on by a licensee and the holder of a current
triennial certificate without interruption by reason of the death or
withdrawal.
[Clause 6 amended by No. 74 of 1980
s. 13(c); No. 19 of 2010 s. 51; No. 58 of 2010 s. 134.]
Division 2 — Saving and transitional provisions
[Heading inserted by No. 19 of 2010
s. 28(3).]
[ 7. Deleted by No. 58 of 2010 s. 133.]
8 . Certain pastoral companies
(1) This clause
applies to and in relation to each pastoral company in respect of which an
exemption granted under section 11 of the Banking Act 1959 of the
Parliament of the Commonwealth, or that Act as amended from time to time, is
in force, and in respect of which the Secretary of the Land Agents Supervisory
Committee under the repealed Act 4 certifies that the company was an
approved applicant within the meaning of that Act and by reason thereof was a
licensee under that Act immediately preceding the appointed day 3 and
consequently its licence has been continued under clause 7.
(2) A pastoral company
to and in relation to which this clause applies may carry on business as an
agent under and subject to this Act but without complying with the
requirements of —
(a)
section 29(c) and (d); and
(b)
section 37(2) and section 41,
if, and only if, it
complies with the requirements of subclause (3).
(3) A pastoral company
to which this clause applies shall establish and maintain a Real Estate and
Business Agent’s Section specified as such and —
(a) on
and after 1 April 1982 that Real Estate and Business Agent’s
Section shall have a manager who is a licensee and the holder of a current
triennial certificate; and
(b) on
and after 1 April 1983, the company shall have as the manager
of —
(i)
each branch office of the company within the metropolitan
region at which transactions are negotiated or controlled; and
(ii)
each branch office of the company outside the
metropolitan region which, in the opinion of the Commissioner, is engaged
substantially in the negotiation and control of transactions other than those
involving rural and agricultural properties,
a person who is a
licensee and the holder of a current triennial certificate, but in the case
referred to in subparagraph (ii) it shall be deemed to be sufficient
compliance with this paragraph if the person in control of the real estate and
business agency component of the branch is licensed and is the holder of a
current triennial certificate; and
(c) in
respect of each office of the company at which transactions are negotiated or
controlled, on and after the appointed day 3 until the provisions of
paragraphs (a) and (b) have been complied with, the manager shall be a
person who is the holder of a current certificate of registration; and
(d) the
manager referred to in paragraph (b) shall not be a licensee nominated as
manager by any other licensee, shall not be a manager of any other office, and
shall not carry on business as an agent on his own account, but if the manager
of the Real Estate and Business Agents Section of the company is, in the
opinion of the Commissioner, normally in substantial attendance at any one
office, another licensee is not required in respect of that office.
(4) In
subclause (3)(b) metropolitan region means that part of the State that
comprised the metropolitan region within the meaning of the
Town Planning and Development Act 1928 6 as amended and in force
on the date on which this clause came into operation.
[Clause 8 amended by No. 74 of 1980
s. 13(d); No. 19 of 2010 s. 51; No. 58 of 2010 s. 134.]
[ 9-12. Deleted by No. 58 of 2010 s. 133.]
13 . Auctions in respect of real estate
transactions
On and after the
appointed date, such an auction shall only be conducted by a
person —
(a) who
may lawfully conduct such an auction under the Auction Sales Act 1973 ;
and
(b)
who —
(i)
is, under this Act, a licensee with a current triennial
certificate and conducts the auction in the course of his business as such a
licensee; or
(ii)
is a person who conducts the auction on behalf of, in the
course of the business of, and under the supervision and control of such a
licensee.
[Clause 13 amended by No. 19 of 2010
s. 51.]
14 . Auctions in respect of business transactions
not involving real estate transaction
On and after the
appointed day 3 , such an auction shall only be conducted by a
person —
(a) who
may, under the Auction Sales Act 1973 , lawfully conduct such an auction;
and
(b)
who —
(i)
is, under this Act, a licensee with a current triennial
certificate and conducts the auction in the course of his business as such a
licensee; or
(ii)
is a person who conducts the auction on behalf of, in the
course of the business of, and under the supervision and control of such a
licensee.
[Clause 14 amended by No. 19 of 2010
s. 51.]
[ 15. Deleted by No. 58 of 2010 s. 133.]
16 . Continuation of certain office managers
(1) Notwithstanding
section 37(2), a person, who immediately before the appointed day 3
—
(a) was
registered as a land salesman under the repealed Act 4 and had been so
registered for a period of not less than 3 years; and
(b) was
the manager of a branch office of the business of an agent and had been the
manager of such a branch office for a period of not less than one year,
may be nominated by a
licensee as manager of a registered branch of the licensee’s business
and may continue to act as such a manager if the Commissioner so approves and
the person continues to be registered as a sales representative.
(2)
For the purposes of subclause (1) the other provisions of
this Act shall be read and construed with such modifications as are necessary
and, without limiting the generality thereof, shall be read and construed with
the following particular modifications —
(a) a
person acting as the manager of a registered branch office pursuant to
subclause (1) shall identify himself as the manager and a real estate or
business sales representative, or both and not as a real estate or business
agent, or both; and
(b) the
other provisions of this Act that apply to and in relation to sales
representatives apply to and in relation to a person acting as the manager of
a registered branch office pursuant to subclause (1), and not such other
provisions that apply to and in relation to a manager who is a licensee except
to the extent that they are necessary to so apply in respect of the duties and
obligations of the manager of such a branch.
[Clause 16 amended by No. 74 of 1980
s. 13(g); No. 19 of 2010 s. 51; No. 58 of 2010 s. 134.]
[Heading deleted by No. 55 of 2004 s. 1019.]
[ 17-24. Deleted by No. 55 of 2004
s. 1019.]
