CPPREP4003 - Legislation Report v1.2
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School
Queensland University of Technology *
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Course
CPPREP4004
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
7
Uploaded by DrBaboon2103
CPPREP4003 - Access and interpret legislation in real estate (Release 1)
Legislation Report
Legislation Report
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© Real Estate Academy Australia
RTO 32436
Version 1.2 - February 2022
CPPREP4003 - Access and interpret legislation in real estate (Release 1)
Legislation Report
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:
Ensure you have read the CPPREP4003 - Student Learner Guide for this topic and
watched the CPPREP4003 - Video Tutorials before commencing.
For QLD residents please use;
●
Property Occupations Act 2014
●
Agents Financial Administration Act 2014
For NSW residents please use;
●
Property and Stock Agent Act 2002
●
Residential Tenancies Act 2010
For VIC residents please use;
●
Estate Agents Act 1980
●
Residential Tenancies Act 1997
For WA residents please use;
●
Real Estate and Business Agents Act 1978
●
Residential Tenancies Act 1987
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.
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© Real Estate Academy Australia
RTO 32436
Version 1.2 - February 2022
CPPREP4003 - Access and interpret legislation in real estate (Release 1)
Legislation Report
Full Titles of Legislation
Question 1
Provide the full titles of the legislation for the task.
o
Property Occupations Act 2014
o
Agents Financial Administration Act 2014
Purpose
Question 2
Outline the purpose of each of the pieces of chosen legislation.
a) Property Occupation Act 2014;
An act to provide for the regulation of
the activities, licensing and conduct of property agents and resident letting
agents and their employees and to protect consumer against undesirable
practices.
b)
Agents Financial Administration Act 2014.
1.
the main object of the Act is to protect consumer from financial loss in
the dealing with agent regulated under an Agent Act.
2.
The object is to be achieved by.
a)
Regulating the way agents establish, manage and audit trust accounts.
b)
Establishing a claim fund to compensate persons in particular
circumstances for financial loss arising from dealing with agents.
c)
Promoting administrative efficiency for claims made against the claim
fund.
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© Real Estate Academy Australia
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Legislation Report
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© Real Estate Academy Australia
RTO 32436
Version 1.2 - February 2022
CPPREP4003 - Access and interpret legislation in real estate (Release 1)
Legislation Report
Key Components
Question 3
Outline the key components of the pieces of chosen legislation.
1.
These include the Principal Act which is the property Occupations Act 2014 and
subordinate legislation the Property Occupation Regulation 2014. There is also
various amending legislation that has been introduced to amend both the
Property Occupations Act 2014 and the property Occupation Regulation 2014.
2.
These include the principal Act which is the Property Occupation Act 2014 and
Agents Financial Administration Act 2014 and subordinate legislation the Agents
Financial Administration Regulation 2014. There is also various amending
legislation that has been introduced to amend both.
Breaches
Question 4
Outline two breaches specified within the legislation and the penalties for each
breach.
Property Occupation Act 2014
Under S151 of the Property Occupations Act 2014 it is a breach to act as a real
estate agent unless the person holds a registration certificate.
Under S169 A principal licensee must keep a trust account under the
Administration Act 2014 if receiving an amount for written direction of
payment.
These penalties carry a penalty of 2000 units each. Under the penalties and
sentence (Penalty Unit Value), amendment Regulation 2019 a penalty unit
is $133.45 and therefore the fine associated with each.
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© Real Estate Academy Australia
RTO 32436
Version 1.2 - February 2022
CPPREP4003 - Access and interpret legislation in real estate (Release 1)
Legislation Report
Currency
Question 5
Outline how to identify the currency of the chosen legislation.
o
Determine the jurisdiction: The legislation was enacted in Queensland,
Australia.
o
Access the Queensland Legislation Website: Visit the Queensland
Government's legislation website at
https://www.legislation.qld.gov.au/
to
access the most up-to-date versions of the legislation.
o
Search for the Legislation: Use the search function on the website to find
the legislation. Type in the name of the legislation, e.g., Property
Occupations Act 2014 or Agents Financial Administration Act 2014 and
click on the search button.
o
Check the Last Amended Date: Once you have located the legislation,
check the last amended date or version information to determine the
currency. The website usually shows the currency of the legislation at
the top of the page.
o
Check for any pending amendments: Check if there are any pending
amendments or new legislation that could affect the current legislation.
o
Seek legal advice: If you are unsure of the currency of the legislation or
how it may apply to your situation, seek legal advice from a qualified
professional.
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Addressing Discrepancies
Question 6
Explain the process for addressing discrepancies in the application of legislation for
personal or agency practice.
The process for addressing discrepancies in the application of legislation.
1.
Identify the discrepancy: The first step is to identify the discrepancy or
issue with the legislation causing concern. This may involve reviewing the
relevant legislation, policies, and procedures, as well as any relevant case
law or other sources of guidance.
2.
Seek guidance: If you are unsure about how to address the discrepancy,
seek guidance from a supervisor, manager, or legal expert. They may be
able to provide additional information or help you understand the issue
more fully.
3.
Review options: Once you have a good understanding of the discrepancy
and any relevant guidance, review your options for addressing the issue.
This may involve seeking a legal opinion, filing a complaint or grievance, or
seeking clarification from the relevant authorities.
4.
Act: Based on your review of the options available, take appropriate action
to address the discrepancy. This may involve making changes to your
personal or agency practice, seeking legislative amendments, or taking
legal action.
5.
Monitor progress: Finally, it is important to monitor the progress of any
actions taken to address the discrepancy. This will help ensure that the
issue is fully resolved and that any necessary changes are implemented
effectively.
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© Real Estate Academy Australia
RTO 32436
Version 1.2 - February 2022