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AGENTS AMENDMENT REGULATION 2008 (NO 1) (NO 32 OF 2008)
2008
LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
AGENTS AMENDMENT REGULATION
2008 (NO 1)
EXPLANATORY
STATEMENT
Circulated by authority of
Simon Corbell MLA
Attorney
General
Outline
The Agents Amendment Regulation 2008 (No
1) prescribes the new educational qualifications an applicant must satisfy
to become eligible for a real estate, stock and station and business
agent’s licence or certificate of registration. The new qualifications
have been updated to accord with the new national Property Services Training
Package (CPP07).
The Agents Regulation 2003 currently prescribes
units of competency for eligibility based on the Property Development and
Management Training Package (PRD01), endorsed by the National Training Quality
Council in May 2001. The PRD01 package comprised a set of units of competency,
qualifications and assessment arrangements for the real estate and stock and
station agency sectors. It was later extended to include the Spatial
Information Services Sector, the Business Broking sector and the Property
Operations and Development sector.
The Construction and Property
Services Industry Council undertook a major review and redevelopment of the
industry sectors within the PRD01 package. With the assistance of consultants
from Learning Australia Pty Ltd the package was completely overhauled in
consultation with a wide variety of stakeholders, including the industry,
industry associations, representatives from Registered Training Organisations
and State Training Authorities. The new Property Services Training Package
(CPP07) was developed which includes the Property Development, Sales and
Management sector and the Spatial Information Services sector. The new CPP07
package has been endorsed by the National Quality Council and signed off by the
Ministerial Delegates for Vocational Education and Training representing the
Ministers for Training in each of the States and Territories.
Currently, salespeople are required to undertake 15 units of competency
to qualify for registration. Under the new qualification scheme, salespeople
will be required to undertake five core units taken from the national training
package to be registered as an agent. The new five core units incorporate
subject matter taken from the existing 15 units embodying broader content within
each unit.
The new training package will facilitate a pathway for
salespeople to undertake entry level units of competency for registration who
will then proceed to complete additional units set out in the Continuing
Professional Development Guideline, which they are required to undertake after
registration. Units of competency for licensed principals will remain largely
the same and are based on completion of the Diploma of Property Services (Agency
Management). Most if not all Australian jurisdictions are moving to the new
qualification scheme based on the national training package, which should
deliver long overdue consistency across jurisdictions.
NOTES ON CLAUSES
Clause 1 Name of regulation
Clause 1 states the title
of the Regulation as the Agents Amendment Regulation 2008 (No 1).
Clause 2 sets out the commencement date for the Regulation. The
Regulation will commence on the day after it is notified.
Clause
3 Legislation amended
Clause 3 provides that the Regulation
amends the Agents Regulation 2003.
Section 6 of the Agents Regulation 2003 sets out the educational
qualifications an applicant must satisfy to become eligible for a real estate,
stock and station and business agent’s licence. Clause 4 amends section 6
by substituting new subsections (1) to (3) to refer to the new national training
package – Property Services Training Package (CPP07).
New
subsection (1) ensures that successful completion of the specified units of the
old national training package – PRD01 or the new national training package
- CPP07 will satisfy eligibility for a real estate, stock and station and
business agent’s licence.
Reference to the old national training
package has been retained to ensure that people who have commenced, but have not
completed training, under the old package, at the time of commencement of this
Regulation, will continue to be able to complete their training and be eligible
for a licence under the amended Regulation. Retaining the reference to the old
package will also ensure that those who had previously completed training under
the old package, and were therefore eligible for a licence, will continue to be
eligible for a licence under the amended Regulation.
New subsection (1A)
provides that the units required to be completed under the new national training
package – CPP07 are:
• all of the six core units listed in
schedule 1, part 1.1; and
• at least four of the common units listed in
schedule 1, part 1.2; and
• at least eight of the elective units listed
in schedule 1, part 1.3.
New subsection (2) replicates the content of
the old subsection (2) and continues to ensures that an agent is deemed to have
the qualifications for a real estate agent’s licence if, immediately
before the commencement of the Agents Act 2003, the person was eligible
for the grant of a licence under the Agents Act 1968.
New
subsection (3) ensures that successful completion of the relevant unit of
competency for conducting auctions in the old or new national training package
will satisfy eligibility for a real estate agents licence to only sell land by
auction.
Clause 5 substitutes existing section 7 to make it clear that the
educational qualification for a real estate, stock and station and business
agent’s licence must be based on ACT law.
Clause 6 Section
8A(2)(b)
Section 8A allows a person to be registered under section 49
of the Agents Act 2003 on condition that they are:
• enrolled
in a course of study that would lead to qualification for registration as a
salesperson; and
• employed by a licensed agent and working under the
licensed agent’s direct supervision.
Paragraph 8A(2)(b) provides
that a person may be registered under section 8A on condition that the
registration ends if any of the above circumstances change, and that the person
can only be registered or have their registration renewed for a maximum period
of two years.
Clause 6 amends paragraph 8A(2)(b) to replace the
reference from two years to one year. Experience has shown that one year is
considered an adequate time within which to have attained the education
qualifications required for a certificate of registration.
Clause
7 Section 9
Section 9 sets out the educational qualifications a
salesperson, including a property manager (where appropriate) must satisfy to
become eligible for a real estate, stock and station and business agent’s
certificate of registration. Clause 7 substitutes new section 9 to refer to the
new national training package – CPP07.
Reference to the old
national training package has been retained to ensure that people who have
commenced, but have not completed, training under the old package, at the time
of commencement of this Regulation, will continue to be able to complete their
training and be eligible for a certificate of registration under the Regulation.
Retaining the reference to the old package will also ensure that those who had
previously completed training under the old package, and were therefore eligible
for a certificate of registration, will continue to be eligible for a
certificate of registration under the amended Regulation.
Clause 8 New
section 18A
Clause 8 inserts new section 18A to disapply subsection
47(6) of the Legislation Act 1991 as a consequence of clause 11 which
inserts a new definition of approved into the Dictionary of the Regulation. The
new definition includes a reference to the Administrative Arrangements
Order (Cwlth) which would be taken to be a notified instrument if the
operation of subsection 47(6) of the Legislation Act 1991 is not
disapplied.
Clause 9 Schedule 1
Clause 9 substitutes a
new Schedule 1 into the Regulation to prescribe the competency units as set out
in the new national training package – CPP07 which applicants for a real
estate, stock and station and business agent’s licence must complete in
order to become eligible to be licensed.
Schedule 1 is split into three
parts:
1. part 1.1 sets out the six core units of which all must
completed;
2. part 1.2 sets out 13 common units of which a minimum of four
must be completed; and
3. part 1.3 sets out 43 elective units of which a
minimum of eights units must be completed.
Clause 10 Schedule
2
Clause 10 substitutes a new Schedule 2 into the Regulation to
prescribe the competency units as set out in the new national training package
– CPP07 which applicants for a real estate, stock and station and business
certificate of registration must complete to become eligible to be registered.
Clause 11 Dictionary, new definition of
approved
Clause 11 inserts a new definition of approved into
the dictionary of the Regulation.