A property manager engaged by property owners to manage their properties, operating under the owners' business name and subject to their directions, is not a 'real estate agent' within the meaning of the Real Estate and Business Agents Act 1978 (WA), even if the manager performs activities that constitute 'real estate transactions'. The key criterion is whether the manager's 'business' is that of acting as agent for consideration, which requires a degree of independence from the property owners. Alternative charges involving separate and distinct facts cannot be joined in a single Justices Act complaint, as there is no equivalent to s 582 of the Criminal Code permitting alternative counts.
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