4003 -Written Question (1)

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School

American Real Estate Institute *

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CPPREP4003

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Law

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Jan 9, 2024

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docx

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Uploaded by DoctorMantis2839

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 the “ CPPREP4003 – Written Questions ” Online Assessment in your learner portal. 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 your wish to upload by using the browse/choose file option. Click on finish attempt to submit it for grading. Question 1 Identify and explain 2 common problems that people have when trying to

interpret legislation. Legal jargons : the terminology which isn't used commonly but is used in technical ways which usually makes the language difficult to understand. Ambiguous words or as Board phrases : often in English words do not mean the same thing to everyone which can make it difficult for people to understand the points clearly. other common issues : unforeseen developments, such as change in technology or practice . Question 2 Name 2 consequences that could occur if a real estate employee misinterpreted legislation. Imprisonment for 12 mnths or 500 panalty units for an individual. Fines of up to $30,000 per peoperty, lose sales commissins or have licence revoked 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. • Long Title • Short Title • Commencement • Application • Contents • Definition • Headings • . Long Title: explains the Act purposes • Short Title: give the name of the Act and the year it was implemented • Commencement: date when the Act was commenced and/or came into force • Application: what the Act applies to and/or how the Act applies • Contents: broad areaof the Act/ a table of content • Definition: explaination of words/ phrases uses in Act, it can include or exclude from it's ordinary meaning /difinition of key term • Headings: group according ti its subject, division , and subdivision, clauses, subclauses, schedules, and appendices

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. • Anti-discrimination and equal employment opportunity • Planning and Zoning • Employment and industrial relations • Consumer protection, fair trading and trade practices • Foreign investment • Environment and sustainability • Financial services, financial probity and taxation • Franchises and business structure • Property management including leases and tenancy agreements • Property sales and auctions • Occupational Health and Safety • Privacy • Secret commission • Real estate licencing • Equal Oppotunity Act 2010 (VIC) Age Discrimination Act 2004 (Cth) Australian Human Rights Commission Act 1986 (Cth) Disability Discrimination Act 1992 (Cth) Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) • Environmental Planing and Aeeseement Act 1979 • Fair Work Act 2009 and Regulation(Cth) • Fair trading Act 1987 and The Competition and comsummer Act 2010 and Regulations (Cth) Australian Consumer Law and Fair Trading Act 2012 (VIC) Australian Consumer Law and Fair Trading Regulations 2012 (VIC) • Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Fees Imposition Regulations 2020 (Cth) Fees Imposition Act 2015 Register of Foreign Ownership of Water or Agricultural Land Act 2015 (Cth) Foreign Acquisitions and Takeovers Regulation 2015 (Cth) Register of Foreign Ownership of Water or Agricultural Land Rules 2017 (Cth) • Environmental Protection Regulations 2021(Cth) Sustainability Victoria Act 2005 (VIC) Environment Protection and Biodiversity Conservation Act 1999 (Cth)

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• The Corporations Act 2001and Regulations(Cth) Crimes Act 1914 (Cth) Financial Services Reform Act 2001 (Cth) Income Tax Act 1986 and Regulations 2015 (Cth) • Corporations Act 2001 and Regulations (Cth) Competition and Consumer Act 2010 and Regulations (Cth) Competition and Consumer (Industry Codes—Franchising) Repeal Regulations 2014 (Cth) • Residential Tenancies Regulations Regulations 2021(VIC) Residential Tenancies Act 1997 (VIC) Property Law Act 1958 (VIC) • The Property and Stock Agents Act 2002 and Land Sales Act 1964 Property Law Act 1958 (VIC) Conveyancers Act 2006 (VIC) Land Act 1958 and Regulations 2016 (VIC) Local Government Act 2020 and 1989 (VIC) Victorian Environmental Assessment Council Act 2021 (VIC) Crimes Act 1958 (VIC) Duties Act 2000 (VIC) Native Title Act 1993 (Cth) Family Law Act 1975 (Cth) • Occupational Health and Safety Act 2004 VIC and Regulations 2017 VIC • Privacy Act 1988 (Cth) and Privacy and Data Prtection Act 2014 VIC • Australian Consumer and Fair Tradind Act 2012 (Cth) and Crimes Act 1958 (VIC) • Property, Stock and Business Agents Act 2002 Question 5 Explain the legal framework in Australia. • Statute law • Common law • Contract law • Equity law St atute law : Laws made by the Parliament. Common law : Law set by precedence- judge/ court, also called case law/ precedence. Contract law : Voluntary acceptance by agreement. Equity law : Deliver a fair resolution to a case ie. "fairness" or natual justice. Question 6 Explain the following main components of legislation • Acts • Regulations

• Amendments • Mandatory codes of conduct • Schedules • Appendices Acts: Law passes by both house of Parliament that has received Royal Assent. Regulations : Delegated legislation also refer to as secondary legislation or subordinate legislation. Amendments : Change in laws or repeal an existing provision, oradd a new provision Mandatory codes of conduct : Most common policy within an organization. Schedules : Part of a Bill or a part of an Act. Appendices : Attached at the end of a piece of writting to give additional in information that will help a reader to understand. 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. In order to better interpret legislation it has to be read slowly to have a better understanding of athe Act. if do not understand the legislation seek legal advice. Federal: https://www.legislation.gov.au/ State: https://www.legislation.vic.gov/au/ Legify: www.legify.com.au

Question 8 Explain the following statutory interpretation rules: • Literal rule The ordinary/natual meaning of word or phrase should be used the difinition says otherwise . • Mischief rule Legislation should be interpreted consistent with the purpose it is inteded. • Golden rule legislation should avoid obvious absurditis or inconsistencies when it is being interpreted. • Purposive approach Text should be interpreted with the purpose of the legislation. • Express mention of one thing to the exclusion of another Specify and exclude items that were omitted. Question 9 List (3) websites where you can access information on Commonwealth and/or state legislation. Federal: https://www.legislation.gov.au/ State: https://www.legislation.vic.gov/au/ Legify: www.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 operation of the Estate Agents Act 1980(the Act) and its regulations

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the efficiency and effectiveness of industry regulation under the Act and its regulations -service provide by estate agents - industry developments Consumer Affairs https://www.consumer.vic.gov.au/estateagentscouncil https://reiv.com.au/policy-resources/resources/information-guidance 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; • Name the most current version of the real estate legislation for your state or territory including the name, version and year The Estate Agents (Professional Conduct) Regulations 2018 (VIC) Estate Agents Act 1980 Sale of Land Act 1962 Residential Tenancies Act 1997 Retail Leases Act 2003 Australian Consumer Law and Fair Trading Act 2012. • Name the most current version of the property management legislation for your state or territory including the name, version and year Residential Tenancies Regulations 2021 (VIC) • Explain in 100-150 words how you would know whether legislation is current. Go to legislation.vic.gov.au website to access VIC legislation and their currency. This website shows the title of legislation, type and year. You can also click on the "legislation in force " which shows "Current and superseded versions of Acts and statutory rules incorporating any amendments that have been made" . And then click on the "Act in force" to seek the current visions of Act that have been amendments or click on" Statutory Rules in force ' to know the latest vision.

• Explain techniques you could apply to track changes and amendments to legislation. Track change and amendments to legislation by using the Amendment tracking and authoring (ATS Tracking/ATS Authoring) google the Act/Use the Commonwealth Acts. or, using Law library Victoria- legal alerts to track changes in VIC via https://www.lawlibrary.vic.gov.au/library-services/keeping-date/legal-alerts you can creat an alert using the Act title by -Under My JADE – Alerts click 'create a new alert' , then - Enter the Act title, and then - Select the frequency and click save. However, Victirian legislation update does not provide an alert service, but it does provide a 'what ’ s new' update on the website, displaying the latest versions of Victorian legislation. Question 12 Outline how you could track changes and amendments to legislation to ensure you are staying up to date. For example: If I want to track changes about real estate Acts or regulations in VIC, I can click on Law library Victoria website and then click "legal alerts" to see the changes in VIC laws and regulations. And I can creat an account via https://www.lawlibrary.vic.gov.au/library-services/keeping-date/legal-alerts Then I can creat an alert using the Act title by -Under My JADE – Alerts click 'create a new alert' , then - Enter the Act title, and then - Select the frequency and click save. However, Victirian legislation update does not provide an alert service, but it does provide a 'what ’ s new' update on the website, displaying the latest versions of Victorian legislation. Question 13 Explain the role that regulators have in relation to legislation. Regulatory powers are used by government agencies and regulators to supervise particular industry or business activity to ensure individuals, industry comply with legislative requirements . Question 14 What is the responsibility of real estate personnel to access, read, interpret and

apply legislation to their real estate activity? • To avoid being sued or business getting sued • To avoid a bad reputation within the sector • Provide lawful and acceptable service to clients and the community • To avoid misconduct • To mitigate risks against real estate personnel , other staff, business and clients Question 15 Explain the interrelationship between various pieces of relevant legislation. Seperate legislative actions (eg Act A) belond to many other separate parts, which are Connected to Act A. in general, Act A (and its provisions) are independent and having no effect on the others. If Act A affects other legislation, it is usually attired in it or in other legislation. The impact of other act on Act A may be to answer questions that are not answered by Act A, however, the effect may be contrary toAct A or not in accordance with it. What happens when Act A says"do", "x" and Act B says "y" and "x " contradict or contradict 'y', Question 16 Provide an explanation of “ internal aids ” and “ external aids ” in interpreting legislation. • List 3 internal aids to interpret legislation • List 3 external aids to interpret legislation Internal Aids- makes the meaning in the Act clearer. external Aids- does not from part of an Act, but which may assist in the interpretation of the Act internal aids to interpret legislation • The long title of the Act • Explanatory notes • Definition sections in the Act

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external aids to interpret legislation • Parliament history • Historical facts • Txetbook and dictionaries Question 17 Explain the application of the following language conventions and expressions. • And/or Refer to both things or either one of the two mentions • Gender Sex- based identity 17.3 Hierarchy The rank of court system which is represented as being above or below. For Example: Magistrates Court, County Court, Supreme Court and High court. The higher up court is in the hierarchy, the more authoritative its decisions. In the sense that decisions of the highercourts will bind lower courts to apply the same decided principle. for example: a Magistrate Court is bound by the decisions made in the County Court, supreme Court ang High Court. 17.4 Includes Contains something as part of something else, or to make something part of something else, 17.5 May Express Possibility. 17.6 Should

Indicates when something is likely or expected. 17.7 Must Show the importance of something

4003 -Written Question (1)

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