Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Exceptions to the
meaning of settlement agent in and for the purposes of this Act are as
follows —
(a)
legal practitioners, when acting in the course of the practice of their
profession as such; and
(aa)
real estate agents and business agents, as defined in the Real Estate and
Business Agents Act 1978 , who are currently carrying on business as such
in accordance with that Act, when arranging or effecting settlements to which
a current exemption under section 26A or 26B, as the case may be,
applies; and
(b)
financial services licensees (within the meaning of the
Corporations Act 2001 of the Commonwealth), when dealing in securities
(within the meaning of section 92 of that Act) that he or she is
authorised to deal in by that licence; and
(c)
regulated principals (within the meaning of section 1430 of the
Corporations Act 2001 of the Commonwealth), when dealing in securities
that he or she is authorised to deal in by Part 10.2 Division 1
Subdivision D of that Act.
(2) The provisions of
section 29(1)(c), section 34(2)(a) and (b), section 35,
Division 2 of Part IV, and Part V shall not apply to a bank in its
capacity as a settlement agent, or to a trustee company.
[Section 4 amended by No. 10 of 1982
s. 28; No. 64 of 1982 s. 2; No. 59 of 1995 s. 59;
No. 26 of 1999 s. 102(3); No. 10 of 2001 s. 222; No. 21 of
2003 s. 22.]
[Part II heading deleted by No. 58 of 2010 s.
137(1).]
[Division 1 (s. 5-12C) deleted by No. 58 of 2010 s. 137(2).]
[Division 1A (s. 12D and 12E) deleted by No. 58 of 2010 s. 137(2).]
[Division 2 (s. 13-18) deleted by No. 58 of 2010 s. 137(2).]
[Division 3 heading deleted by No. 58 of 2010 s.
137(3).]
[ 19-21. Deleted by No. 58 of 2010 s. 138.]