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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Real Estate Legislation (Fidelity Guarantee
Funds) Amendment Bill 1999
A Bill for
An Act to amend the --
· Real Estate and Business Agents Act 1978; and
· Settlement Agents Act 1981,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
29--1
Real Estate Legislation (Fidelity Guarantee Funds) Amendment Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Real Estate Legislation (Fidelity
Guarantee Funds) Amendment Act 1999.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
page 2
Real Estate Legislation (Fidelity Guarantee Funds) Amendment Bill 1999
Real Estate and Business Agents Act 1978 Part 2
s. 3
Part 2 -- Real Estate and Business Agents Act 1978
3. The Act amended
The amendments in this Part are to the Real Estate and Business
Agents Act 1978*.
5 [* Reprinted as at 6 September 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 211, and Act No. 26 of 1999.]
4. Section 116 amended and revival and transitional provisions
(1) Section 116(2) is repealed and the following subsection is
10 inserted instead --
"
(2) The Board is to disallow a claim against the Fidelity
Fund unless --
(a) notice of the claim is given in writing to the
15 Board within 3 years after the day on which the
claimant became aware of the defalcation; or
(b) the Board --
(i) has been given notice in writing of the
claim within 6 years after the day on
20 which the claimant became aware of the
defalcation; and
(ii) considers that it is just and reasonable in
the circumstances to deal with the claim
even though notice was not given within
25 the time referred to in paragraph (a).
".
(2) A person may give notice of a claim under section 116(2) as
amended by this section even if the time within which that
notice was to be given under that section before that amendment
30 had expired.
page 3
Real Estate Legislation (Fidelity Guarantee Funds) Amendment Bill 1999
Part 2 Real Estate and Business Agents Act 1978
s. 5
(3) Where a person may give notice of a claim under section 116(2)
as amended by this section, notice of the claim given by the
person previously in writing to the Board (whether or not dealt
with by the Board) is to be taken to be notice of the claim for
5 the purposes of that section.
5. Section 117 amended
Section 117(1) is amended by deleting "receive and settle" and
inserting instead --
" receive and, subject to section 116(2), settle ".
page 4
Real Estate Legislation (Fidelity Guarantee Funds) Amendment Bill 1999
Settlement Agents Act 1981 Part 3
s. 6
Part 3 -- Settlement Agents Act 1981
6. The Act amended
The amendments in this Part are to the Settlement Agents
Act 1981*.
5 [* Reprinted as at 23 September 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 229, and Act No. 26 of 1999.]
7. Section 93 amended and revival and transitional provisions
(1) Section 93(2) is repealed and the following subsection is
10 inserted instead --
"
(2) The Board is to disallow a claim against the Fund
unless --
(a) notice of the claim is given in writing to the
15 Board within 3 years after the day on which the
claimant became aware of the defalcation; or
(b) the Board --
(i) has been given notice in writing of the
claim within 6 years after the day on
20 which the claimant became aware of the
defalcation; and
(ii) considers that it is just and reasonable in
the circumstances to deal with the claim
even though notice was not given within
25 the time referred to in paragraph (a).
".
(2) A person may give notice of a claim under section 93(2) as
amended by this section even if the time within which that
notice was to be given under that section before that amendment
30 had expired.
page 5
Real Estate Legislation (Fidelity Guarantee Funds) Amendment Bill 1999
Part 3 Settlement Agents Act 1981
s. 8
(3) Where a person may give notice of a claim under section 93(2)
as amended by this section, notice of the claim given by the
person previously in writing to the Board (whether or not dealt
with by the Board) is to be taken to be notice of the claim for
5 the purposes of that section.
8. Section 95 amended
Section 95(1) is amended by deleting "receive and settle" and
inserting instead --
" receive and, subject to section 93(2), settle ".
10
page 6
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