Western Australian Consolidated Acts

REAL ESTATE AND BUSINESS AGENTS ACT 1978

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   4.      Terms used in this Act  

   PART II -- Real Estate and Business Agents Supervisory Board  

           Division 1 -- General  

   6.      Board established  
   7.      Board, membership of  
   8.      Members, term of office  
   8A.     Board’s functions  
   9.      Board meetings  
   10.     Board’s acts valid despite vacancy etc.  
   11.     Members, remuneration and allowances  
   12.     Registrar and other officers  
   12AA.   Board may engage consultants etc.  
   12A.    Minister may direct Board  
   12B.    Minister entitled to information held by Board  

           Division 1A -- Corporate plan  

   12C.    Corporate plan to be prepared for each financial year  
   12D.    Board to comply with corporate plan  

           Division 2 -- Powers of investigation and inquiry  

   13.     Investigation and inquiry by Registrar and inspectors  
   14.     Investigation by the police  
   15.     Investigative powers of Registrar and inspectors  
   16.     Incriminating information, questions, or documents  
   17.     Failure to comply with investigation  
   18.     Obstruction of Registrar or inspector  

           Division 3 -- Proceedings of, and review of decision of, the Board  

   19.     Proceedings, notice of, right to appear at, representation at etc.  
   20.     Board’s powers to obtain evidence  
   21.     Orders for costs  
   23.     Application for review  

           Division 4 -- Advisory committees  

   23A.    Advisory committees to assist the Board  
   23B.    Minister may delegate s. 23A powers  

           Division 5 -- Conciliation  

   23C.    Conciliation of disputes about transactions  

   PART III -- Licensing of agents  

   24.     Application for licence  
   25.     Objection to grant of licence  
   26.     Real estate and business agents to be licensed  
   27.     Natural person, grant of licence to  
   28.     Firm, grant of licence to  
   29.     Body corporate, grant of licence to  
   30.     Licence, effect of  
   31.     Triennial certificate, grant and renewal of  
   32.     Triennial certificates, late renewal of  
   33.     Triennial certificates, renewal of in certain cases  
   34.     Conditions on licences and triennial certificates  
   34A.    Unopposed applications  
   34B.    Suspension of licence by State Administrative Tribunal  
   35.     Commencing or ceasing business, Registrar to be notified  
   36.     Registered office of licensee  
   37.     Branch office of licensee  
   38.     Triennial certificate to show place of business etc.  
   39.     Licence and triennial certificate not transferable  
   40.     Business names, use of by licensees  
   41.     Official details to be displayed in offices, on correspondence etc.  

   PART IV -- Registration of sales representatives  

   42.     Natural persons only may be registered  
   43.     Application for registration  
   44.     Real estate sales representatives to be registered etc.  
   45.     Business sales representatives to be registered etc.  
   46.     Partners and directors of licensees to be registered in certain cases  
   47.     Natural person, grant of certificate of registration to  
   48.     Certificate of registration, duration and renewal of  
   49.     Certificates of registration, late renewal of  
   50.     Conditions on certificates of registration  
   50A.    Unopposed applications  
   50B.    Suspension of registration by State Administrative Tribunal  
   51.     Commencing or ceasing as sales representative, Registrar to be notified  
   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  
   57.     Developer’s principal place of business to be registered  
   58.     Developer to give notice 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.     Agents’ commissions etc. may be regulated  
   61A.    Letting and management fees not payable by tenant  
   62.     Advertising by agents and developers  
   63.     Agents etc. to supply copies of signed documents  
   64.     Conflicts of interest of agents etc.  
   65.     Agents to ensure payment and apportionment of rates etc.  
   66.     Keys to houses etc. and information about tenancies, payment for illegal  

   PART VI -- Agents’ trust accounts  

   67.     Terms used in this Part  
   68.     Trust accounts, use of  
   68A.    Client may request agent to create separate trust account  
   68B.    Interest on trust accounts to be paid by financial institutions  
   68C.    Trust accounts, certain information about to be given to Board  
   69.     Trust accounts, records of and accounting for  
   70.     Trust accounts, audit of  
   71.     Audit date may be varied by Board  
   72.     Auditors, qualification and approval of  
   73.     Auditors, appointment of  
   74.     Audits of business carried on at more than one place  
   75.     Board may change decisions made under this Part  
   77.     Audits, agents to obey auditors’ requests  
   78.     Audits, bankers to obey auditors’ requests  
   79.     Auditors’ reports, contents of  
   80.     Audits, agents to certify state of trust accounts  
   81.     Auditors to report on deficiencies etc. in trust accounts  
   82.     Auditors to keep information confidential  
   83.     Audit information to be available to clients etc.  
   84.     Penalty for breach of Part VI  
   85.     Auditors, remuneration of  
   86.     Agents having no accounts to audit  
   87.     Audits of firms etc. operate as audits of agents who are members etc.  
   88.     Board may order audit of trust account  
   90.     Cost of audit done under s. 88  
   91.     Confidentiality of audit done under s. 88  
   92.     Trust accounts etc. may be frozen by State Administrative Tribunal  
   93.     State Administrative Tribunal may suspend agent, restrain use of accounts, and authorise appointment of supervisor  
   94.     Supervisors, appointment and remuneration of  
   95.     Supervisors, duties of  
   96.     Supervisors, obstruction etc. of  
   97.     Discharge or variation of orders under s. 92 or  
   98.     Schemes for distribution of trust funds  
   99.     Orders under s. 92, 93, or 98 to be served and complied with  
   100.    Financial institutions to disclose agent’s accounts on request  
   100A.   Registrar may obtain information about trust accounts  

   PART VII -- Discipline of agents and sales representatives  

   101.    Codes of conduct, Board may prescribe  
   102.    Inquiries into conduct of agents and sales representatives  
   103.    Disciplinary action, grounds for and forms of  
   104.    Automatic cancellation of licence and triennial certificate  
   105.    Conviction of licensee of certain offences, additional sentencing powers  
   106.    Persons carrying on business after licence cancelled etc.  

   PART VIII -- Fidelity Guarantee Account  

   107.    Real Estate and Business Agents Fidelity Guarantee Account established  
   108.    Fidelity Account, investment of  
   109.    Fidelity Account, income  
   110.    Fidelity Account, expenditure  
   112.    Fidelity Account to be administered by Board  
   113.    Fidelity Account, contributions to by agents etc.  
   114.    Fidelity Account contributions capped  
   115.    Fidelity Account, levies for  
   116.    Fidelity Account, purpose of  
   117.    Fidelity Account, claims against  
   118.    Fidelity Account, defences to claims against  
   119.    Board subrogated to successful claimant  
   120.    Insufficiency in Fidelity Account  
   121.    Board may insure against claims  
   122.    Insurance payouts to be credited to Fidelity Account  
   123.    Advertising for claims against Fidelity Account  
   124.    Board may require documents etc. in support of claims  

   PART VIIIA -- Education and General Purpose Account  

   124A.   Education and General Purpose Account established  
   124B.   General Purpose Account, income  
   124C.   General Purpose Account, expenditure  
   124D.   General Purpose Account, investment of  

   PART IX -- Board Interest Account  

   125.    Board Interest Account established  
   126.    Board Interest Account, income  
   127.    Board Interest Account, expenditure  
   128.    Board Interest Account, investment of  

   PART IXA -- Assistance to home buyers  

   131A.   Terms used in this Part  
   131B.   Home Buyers Assistance Account established  
   131C.   Assistance Account, investment of  
   131D.   Assistance Account, income  
   131E.   Assistance Account, expenditure  
   131G.   Assistance Account to be administered by Board  
   131H.   Home Buyers Assistance Advisory Committee established  
   131I.   Advisory Committee, functions of  
   131J.   Advisory Committee, Chairman etc.  
   131K.   Advisory Committee members, term of office  
   131KA.  Remuneration and allowances of s. 113H(2)(a) member  
   131L.   Applying for assistance  
   131M.   Applications for assistance, Board to decide  
   131N.   Assistance, how grants are paid  
   131O.   Criteria for granting assistance, Board to formulate  

   PART X -- Miscellaneous  

   132.    Unlicensed assistants to be supervised etc.  
   133.    Registers to be kept by Registrar  
   134.    Lists of licensees etc. to be published; proof of licences  
   135.    Financial Management Act 2006 and the Auditor General Act 2006 apply to Board  
   136.    Effectiveness of Act, Board to report on  
   136A.   Refund of fees  
   137.    Legal immunity of Board and officers  
   138.    Secrecy  
   139.    Directors of body corporate, liability of  
   140.    Rights and remedies not affected by Act  
   141.    Rights under Act cannot be waived  
   142.    General penalty  
   143.    Prosecution proceedings  
   144.    Forms may be determined by Board  
   145.    Regulations  

   PART XI -- Savings and transitional  

   146.    Modifications of other PARTs  
   147.    Interpretation Act 1918 not affected  
           SCHEDULE
           Compilation table