Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An agent is not
entitled to receive any commission, reward, or other valuable consideration in
respect of his services in that capacity unless —
(a) he
is licensed in that capacity and he holds a current triennial certificate in
respect of his licence when he renders the services; and
(b) he
has a valid appointment to act in that capacity which is in writing
signed by the person for whom the services are or are to be rendered or by
some other person lawfully authorised to sign on behalf of the person for whom
the services are or are to be rendered.
(2) An appointment to
act as an agent is not valid unless —
(a) it
is contained in a document which —
(i)
clearly sets out the services that are or are to be
rendered;
(ii)
where specific property is to be the subject of those
services, clearly identifies the property;
(iia)
clearly sets out the method by which the amount of any commission, reward or
other valuable consideration to be received for those services is to be
calculated; and
(iii)
contains such other information, if any, as is
prescribed;
(b) the
document is not an offer or acceptance or a contract, or a document purporting
to be an offer or acceptance or a contract, binding or purporting to bind a
party thereto to a transaction; and
(c) the
person obtaining the signature to the document gives a true copy thereof to
the signatory immediately after the signing thereof (the onus of proof of
which is upon the person obtaining the signature).
(3) A person shall not
demand or receive any commission, reward, or other valuable consideration in
contravention of subsection (1) or (2), or both.
Penalty: $5 000.
(4) Any commission,
reward, or other valuable consideration received in contravention of
subsection (1) or (2), or both, may be recovered as a civil debt
recoverable summarily in any court of competent jurisdiction.
[Section 60 amended by No. 43 of 1994
s. 11; No. 59 of 1995 s. 9; No. 34 of 1998 s. 14.]