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REAL ESTATE SERVICES COUNCIL BILL 1990*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The objects of this Bill are:
(a) to constitute the Real Estate Services Council and to define its objects and
functions; and
(b) to confer and impose on the Council the functions at present exercised by
the Council of Auctioneers and Agents and the Valuers Registration Board,
both of which are to be abolished by the proposed Act; and
(c) to update certain provisions of the Auctioneers and Agents Act 1941 and the
Valuers Registration Act 1975.
The Auctioneers and Agents Act 1941 and the Valuers Registration Act 1975 are
to continue in force, but the present references in them to the Council of Auctioneers
and Agents and the Valuers Registration Board will be replaced by references to the
new Council which will be a continuation of the abolished Council and the abolished
Board.
PART 1 - PRELIMINARY
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides that the proposed Act commences on a proclaimed day or
proclaimed days.
Clause 3 contains definitions for use in interpreting the proposed Act.
PART 2 - THE REAL ESTATE SERVICES COUNCIL
Clause 4 constitutes a corporation with the name "Real Estate Services Council".
Clause 5 provides that the Council is subject to the control and direction of the
Minister.
* Amended in committee - see table at end of volume.
(a) a General Manager and 9 part-time members (including the Chairperson),
except for the purpose of exercising a corporate function of the General
Manager referred to in clause 10; or
(b) for the purpose of exercising any such function - the General Manager only.
Clause 7 empowers the Minister to appoint associate members whose services
may be used by the Council. Associate members will be entitled to attend and take
part in meetings of the Council or its committees but will not be able to vote or
preside at any such meeting.
Clause 8 sets out the functions and objects of the Council.
Clause 9 provides for the appointment of a General Manager of the Council.
Clause 10 provides that certain functions of the Council set out in that clause (and
such other functions as may be prescribed by the regulations) are exercisable only by
the General Manager.
Clause 11 provides for the employment under the Public Sector Management Act
1988 of the staff of the Council.
Clause 12 provides for the Council and the General Manager to delegate
[unctions.
PART 3 - FINANCIAL PROVISIONS
Clause 13 provides for the investment powers of the Council.
Clause 14 states when the financial year of the Council is to commence.
PART 4 - MISCELLANEOUS
Clause 15 limits the personal liability of members.
Clause 16 provides for the use of the seal of the Council.
Clause 17 provides for the manner of service of documents on the Council.
Clause 18 enables the Council to recover as a debt any charge, fee or money due
to it.
Clause 19 provides for the authentication of documents by the General Manager
or an authorised officer.
Clause 20 dispenses with proof of certain matters (such as the constitution of the
Council) in legal proceedings.
Clause 21 requires the confidential handling of information obtained in carrying
out the functions of the Council.
Clause 22 requires an offence against the proposed Act or regulations to be dealt
with summarily before a Local Court constituted by a Magistrate sitting alone.
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Real Estate Services Council 1990
Clause 23 provides power to make regulations.
Clause 24 gives effect to Schedule 2 which contains savings and transitional
provisions.
Clause 25 gives effect to Schedule 3 which contains amendments to the
Auctioneers and Agents Act 1941.
Clause 26 gives effect to Schedule 4 which contains amendments to the Valuers
Registration Act 1975.
Schedule 1 contains provisions relating to the members and procedure at
meetings of the Council.
Schedule 2 contains savings and transitional provisions.
Schedule 3 contains amendments to the Auctioneers and Agents Act 1941
consequential on the replacement of the Council of Auctioneers and Agents by the
new Council.
Other amendments to that Act remove the present requirement for forms
prescribed by regulations, ensure that persons who deal with persons whose licences
have expired but are subsequently restored will have the same benefits as they would
have had if they had dealt with licensees and make minor administrative changes to
that Act.
Schedule 4 contains amendments to the Valuers Registration Act 1975
consequential on the replacement of the Valuers Registration Board by the new
Council.
Other amendments to that Act remove the present requirement for a form
prescribed by a regulation and change the procedure for conducting a disciplinary
inquiry under that Act.
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