CPPRE4003 - Written Question v2.0

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CPPREP4003

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CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions Written Questions Page | 1 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions What you need to do: Answer the questions below by writing in the space provided. You are required to answer all questions correctly. If correct, you will see ‘Satisfactory’ or if incorrect you will see ‘Not Satisfactory’ in your grades section of your learner portal next to the assessment name. The assessor will provide feedback and a Record of Results in the assessment task once graded. You will be required to resubmit your work for any ‘Not Satisfactory’ assessment tasks. What you will need: Use the learner material provided in your online student portal as well as research materials such as books, internet, magazines, workplace documentation etc. to assist you in gaining the knowledge required to answer the questions. Remember that the assessment is completely self-paced and open book, so you are able to use whatever resources you have to answer the questions. What you need to submit: Your answers to these questions. How to Submit your Assessment: Upload your completed document into your learner portal as per the instructions with the assessment task. You can drag and drop the file into the window or use the add file icon in the top left of the submission window and select the file you wish to upload by using the browse/choose file option. Click on “finish attempt” to submit it for grading. Page | 2 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions Question 1 Identify and explain 2 common problems that people have when trying to interpret legislation. Two common problems that people have when trying to interpret legislation are: 1. Broad Phrases Broad Phrases are those that make it hard for ordinary people to understand. People often find it difficult to understand the points of the Act clearly because they are faced with long paragraphs of information. 2. Ambiguous words and Legal Jargon The terminology used at the time may not be as common compared to our everyday language, therefore requires some understanding of the way the terms need to be applied to enable someone to interpret them. Question 2 Name 2 consequences that could occur if a real estate employee misinterpreted legislation. 1. The real estate agent could lose their license 2. The real estate agent could face penalties and/or may be fined Question 3 Reading Acts, Regulations and other laws requires an understanding of the structure of Australian Government legislation. Give a brief explanation of the following area/headings found when reading Acts, regulations and other laws. 1.1. Long Title 1.2. Short Title 1.3. Commencement 1.4. Application 1.5. Contents 1.6. Definition 1.7. Headings Page | 3 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

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CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions 1.1 Long title- It is the description of the scope and purpose of the Act. 1.2 Short title- It is usually contained in the first section of the Act. It is the formal name with which a piece of primary legislation can be cited. 1.3 Commencement- It is the time from which a law, as specified in the Act of the Parliament becomes effective and legally binding. 1.4 Application- It contains situations or timeframes in which a law applies or does not apply. 1.5 Contents- This section provides an outline of the Act and the sections provided in the Act. 1.6 Definition- This section outlines the meaning of some words and phrases used in the Act. It may be at the beginning of the act or referred to in one of the first sections of the Act and listed towards the end of the Act. 1.7 Headings- The body of legislature follows a hierarchy containing chapters, parts, clauses, subclauses etc. Question 4 Identify and list the names of Commonwealth legislation, and legislation of your state or territory that relate to the following aspects of operating a real estate agency. 4.1. Anti-discrimination and equal employment opportunity 4.2. Planning and Zoning 4.3. Employment and industrial relations 4.4. Consumer protection, fair trading and trade practices 4.5. Foreign investment 4.6. Environment and sustainability 4.7. Financial services, financial probity and taxation 4.8. Franchises and business structure 4.9. Property management including leases and tenancy agreements 4.10. Property sales and auctions 4.11. Occupational Health and Safety 4.12. Privacy 4.13. Secret commission 4.14. Real estate licencing 4.1. Anti-discrimination and equal employment opportunity: Anti-discrimination Act 1991 4.2. Planning and Zoning: The Planning Act 2016 Page | 4 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions 4.3. Employment and Industrial Relations: Fair Work Act 2009 and Regulation (Cth) Industrial Relations Act 2016 (QLD) 4.4. Consumer protection, fair trading and trade practices: Competition and Consumer Act 2010 and Regulations (Cth) Fair Trading Act 1989 (QLD) 4.5. Foreign investment: Foreign Acquisitions and Takeovers Act 1975 (Cth) Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth) Register of Foreign Ownership of Water or Agricultural Land Act 2015 (Cth) Foreign Acquisitions and Takeovers Regulation 2015 (Cth) Foreign Acquisitions and Takeovers Fees Imposition Regulation 2015 (Cth) Register of Foreign Ownership of Water or Agricultural Land Rules 2017 (Cth) 4.6. Environment and sustainability: Environmental Protection Regulation 2019 (QLD) Environment Protection and Biodiversity Conservation Act 1999 (Cth) 4.7. Financial services, financial probity and taxation: Corporations Act 2001 and Regulation (Cth) Crimes Act 1914 (Cth) Financial Services Reform Act 2001 (Cth) Income Tax Act 1986 and Regulation 2015 (Cth) 4.8. Franchises and business structure: Competition and Consumer (Industry Codes—Franchising) Repeal Regulation 2014 (Cth) Corporations Act 2001 and Regulation (Cth) Competition and Consumer Act 2010 and Regulation (Cth) 4.9. Property management including leases and tenancy agreements: Residential Tenancies and Rooming Accommodation Act 2008 (QLD) Residential Tenancies and Rooming Accommodation Regulation 2009 (QLD) 4.10. Property sales and auctions: Land Sales Act 1984 (QLD) Land Title Act 1994 (QLD) Land Title Regulation 2015 (QLD) Property Occupations Act 2014 (QLD) Property Occupations Regulation 2014 (QLD) Native Title Act (Queensland) Act 1993 (QLD) Agents Financial Administration Act 2014 (QLD) Local Government Act 2009 (QLD) Local Government Regulation 2012 (QLD) Crime and Corruption Act 2001 (QLD) Crime and Corruption Regulation 2015 (QLD) Duties Act 2001 (QLD) Duties Regulation 2013 (QLD) Page | 5 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions Native Title Act 1993 (Cth) Family Law Act 1975 (Cth) 4.11. Occupational Health and Safety: Work Health and Safety Act 2011 (QLD) 4.12. Privacy: Information Privacy Act 2009 (QLD) Information Privacy Regulation 2009 (QLD) Invasion of Privacy Act 1971 (QLD) Privacy Act 1988 (Cth) 4.13. Secret commission: Crime and Corruption Act 2001 (QLD) 4.14. Real estate licencing: Property Occupation Act 2014 Agents Financial Administration Act 2014 Queensland Civil and Administration Tribunal Act 2009 Retail Shop Leases Act 1994 Property Law Regulation 2013 Property Occupation Regulation 2014 Residential Tenancies and Rooming Accommodation Regulation 2009 Retail shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 Retail Shop Leases Regulation 2016 Question 5 Explain the legal framework in Australia. 5.1 Statute law 5.2 Common law 5.3 Contract law 5.4 Equity law 5.1 Statute Law: It is enacted by a legislative body with powers to create law and is generally aimed at the future for active intervention in our lives. It includes direct legislations passed by the parliament as well as delegated legislation like by-laws, regulations etc. in case of a conflict between the three forms of law in Australia, statue law usually prevails. 5.2 Common Law: While judging a case, judges often analyse similar cases that occurred in the past and the rulings made by the court. If a similar case has been resolved in the past, court is bound to follow the reasoning used in the decision at that time. This is called common low. Common law is the law created and refined by judges who have the right to make laws by setting a precedent. Page | 6 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

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CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions 5.3 Contract Law: It consists of laws and regulations that enforce certain legal promises. We enter contracts every day. For example, if you purchase a cake from the grocery store you are entering into a contract with the store. The store's duty is to give you the cake and your duty is to pay money for it. If either party does not do its duty, that is where Contract Law comes in. In Australia, contract law is primarily governed by common law. 5.4Equity Law: It is concerned with fairness and justice. Equity law evolved out of the church. It looks at factors like conscience and good faith and has been the key sources of law for cases dealing with wills, trusts, rights of individuals etc. Question 6 Explain the following main components of legislation 6.1 Acts 6.2 Regulations 6.3 Amendments 6.4 Mandatory codes of conduct 6.5 Schedules 6.6 Appendices 6.1. Act: An Act is a statute or law passed by both Houses of Parliament that has received Royal Assent. On Royal Assent, Acts are given a year and number. Once an Act is formally enacted it can generally only be amended or repealed by another Act. When an Act changes, a compilation of the Act is prepared to show the Act as amended. Acts are also known as primary legislation. 6.2. Regulations: Most Regulations are made under an Act of Parliament and are classified as legislative instruments. Some prerogative instruments also have the word Regulations in their title. Regulations were part of the Statutory Rules series until 2005, and the Select Legislative Instrument series until 2015. 6.3. Amendment: An amendment is a change to the law generally made by another law. An amendment can change or repeal an existing provision, or add a new provision. 6.4. Mandatory codes of conduct: Codes of conduct can be mandatory or voluntary: Prescribed mandatory codes provide a set of rules or minimum standards for an industry, including the relationship between industry participants or their customers. They are prescribed as regulations under Competition and Consumer Act 2010. Page | 7 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions 6.5. Schedules: Schedules are components (not units) of bills, Acts and some instruments. They appear at the end of legislation. Schedules are either amending or non-amending. Amending schedules are more common. 6.6. Appendices: An Appendix is "a supplementary document attached to the end of a writing. an Annexure is "something that is attached, such as a document to a report. Question 7 What resources are available to you to assist you in interpreting legislation? Include in your answer sources of specialist advice, source documents and government and industry bodies. Legislation can be obtained from: www.legislation.gov.au or www.legislation.qld.gov.au To fully understand relevant legislation, it is ideal to seek guidance from the statutory body that enforces the Act, or relevant industry association groups such as REIQ or a legal practitioner specialised in the field. Question 8 Explain the following statutory interpretation rules: 8.1 Literal rule Unless a definition says otherwise, the “ordinary and natural meaning” of a word or phrase should be used. 8.2 Mischief rule Legislation should be interpreted in a manner consistent with its purpose: the “mischief” it is intended to remedy. 8.3 Golden rule Legislation should be interpreted in a manner which avoids obvious absurdities or inconsistencies. Page | 8 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions 8.4 Purposive approach Text should be interpreted in a way that is consistent with the purpose of the legislation. 8.5 Express mention of one thing to the exclusion of another The legal concept is that if the legislature mentions specifically only certain items from a larger class of items, it meant to include only the items specified and to exclude those items that were omitted. Question 9 List (3) websites where you can access information on Commonwealth and/or state legislation. www.legislation.gov.au www.legislation.qld.gov.au https://legify.com.au/. Question 10 Identify and list the names and websites of (2) bodies that provide support and guidance for estate agency personnel. The legislative website and Parliamentary Counsels Offices. This can be done through the legislative website and Fair-trading QLD Legislation can be accessed through the following websites: • Commonwealth: - www.legislation.gov.au • QLD: - www.legislation.qld.gov.au - https://www.qld.gov.au/law/fair-trading Page | 9 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

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CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions Question 11 Access the most current version of the main legislation covering real estate and property management operations for your state or territory and then answer the following questions; a) Name the most current version of the real estate legislation for your state or territory including the name, version and year QLD - Property Occupations Act 2014 b) Name the most current version of the property management legislation for your state or territory including the name, version and year Residential Tenancies and Rooming Accommodation Act 2008 and the Residential Tenancies and Rooming Accommodation Regulation 2009. c) Explain in 100-150 words how you would know whether legislation is current. In order to know whether or not a legislation is current, access the direct source to make certain the version is current will prevent any kind of mistakes of applying superseded legislation. Every form of legislation, current and repealed, will be on the relevant government legislation website. Navigate to such a website example: (www.legislation.qld.gov.au) and find the page with all of the legislation which is currently in force. If the legislation is not there, then it is either repealed and or is no longer current. Question 12 Outline how you could track changes and amendments to legislation and the techniques you could apply to track these changes to ensure you are staying up to date with current legislation. Every state allows and provides access to legislative changes, and it is possible to subscribe to changes in legislation through two different methods: 1. By subscription the legislative website and Parliamentary Counsels Offices. This can be done through the legislation websites (see above). Page | 10 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions 2. By subscribing to Fair Trading Updates. Each State’s Fair Trading / Regulatory services website has a subscribe function, where updates are pushed out to email subscribers: See the following: - QLD: http://www.fairtrading.qld.gov.au/newsletters.htm Question 13 Explain the role that regulators have in relation to legislation. Regulatory powers are the powers used by government agencies and regulators to ensure individuals and industry comply with legislative requirements, and to respond to instances of non-compliance. Question 14 What is the responsibility of real estate personnel to access, read, interpret and apply legislation to their real estate activity? It is real estate personnel’s responsibility to ensure the information is correctly interpret and from the latest version as the Acts and Regulations may be applicable in their day-to-day activities in real estate and therefore it is important to be aware of these and understand how to source access when the time comes to requiring these. - As a professional Real Estate Agent, they are expected to know more about the law and its application than: -The people they represent and advise (their clients) and; -The people they introduce to your client (their buyers and tenants). -Ignorance of the law is no excuse Question 15 Explain the interrelationship between various pieces of relevant legislation. Individual pieces of legislation (say Act A) sit among many other individual pieces some of which influence Act A. Act A (and its subsidiary legislation) will stand alone and not influence other legislation. If Act A has any effect on other legislation, it will usually be stated in it or in the other legislation. The effect other legislation has on Act A may be to answer questions not answered in Act A. But the effect may be one in conflict with or inconsistent with Act A. What if Act A says, ‘do X’ and Act B says, ‘do Y’ and X conflicts with or is inconsistent with Y? Page | 11 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions If the conflict is between two state Acts, those questions must be resolved by statutory interpretation. Often the more recently enacted Act prevails but beginners should be careful on this and get legal advice. If the conflict is between two pieces of state subsidiary legislation. If the conflict is between state legislation and the Commonwealth’s, the Commonwealth’s prevails. Question 16 Provide an explanation of “internal aids” and “external aids” in interpreting legislation. 16.1 List 3 internal aids to interpret legislation 16.2 List 3 external aids to interpret legislation 16.1 Internal aids are those contained in the statute itself and consist of: -The long title of the Act -Explanatory notes -Definition sections in the Act 16.2 -Explanatory memoranda -Reports of law reform commissions and parliamentary committees -Second reading speeches Question 17 Explain the application of the following language conventions and expressions. 17.1 And/or Used to refer to both things or either one of the two mentioned, either "and" or "or". 17.2 Gender Acts Interpretation Act 1901 has 23 Rules as to gender and number. In any Act, words importing a gender include every other gender. Page | 12 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

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CPPREP4003 - Access and interpret legislation in real estate (Release 1) Written Questions 17.3 Hierarchy For most purposes, the higher up a court is in the hierarchy, the more authoritative its decisions. In the sense that decisions of the higher courts will bind lower courts to apply the same decided principle. 17.4 Includes To contain something as a part of something else, or to make something part of something else. 17.5 May Used to express possibility. 17.6 Should Used to show when something is likely or expected. 17.7 Must Used to show that it is necessary or very important that something is done. Page | 13 of 13 © Real Estate Academy Australia RTO 32436 Version 2.0 - June 2022

CPPRE4003 - Written Question v2.0

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