Property Occupations Regulation 2014

This regulation may be cited as the Property Occupations Regulation 2014.

This regulation commences on 1 December 2014.

For section 28(1) of the Act, the activities that may be performed under a limited real estate agent’s licence (affordable housing) are limited to the following activities performed under an affordable housing rental scheme—

letting places of residence;

collecting rents;

negotiating for the letting of places of residence.

Only the following persons may hold a limited real estate agent’s licence (affordable housing)—

a person who is a director of an approved non-profit corporation;

a person who is in charge of an approved non-profit corporation’s business at its place of business.

Subsection (2) does not limit the requirements that must be met to obtain a limited real estate agent’s licence (affordable housing).

In this section—

affordable housing rental scheme means a scheme to provide affordable rental housing that is approved by the chief executive of the department in which the Housing Act 2003 is administered.

approved non-profit corporation means a non-profit corporation that—

is a registered provider under the Housing Act 2003; and

provides a service consisting of letting and collecting rents under an affordable housing rental scheme.

For section 28(1) of the Act, the activities that may be performed under a limited real estate agent’s licence (business letting) are limited to the following activities —

letting businesses or interests in businesses;

collecting rents;

negotiating for the letting of businesses or interests in businesses.

For section 83 of the Act, each of the following is a prescribed change for a licensee—

a change in the licensee’s—

name; or

business name; or

business address; or

email address; or

postal address; or

business facsimile number; or

telephone number;

a change of the person who is in charge of a licensee’s place of business;

if the licensee is an individual, a change in the licensee’s residential address;

if the licensee is a corporation, a change of an executive officer of the corporation;

the coming into existence of circumstances for the licensee that would, under section 34(1) or 35(1) or (2) of the Act, affect the licensee’s suitability to hold a licence if the licensee were applying for the licence.

For section 149 of the Act, each of the following is a prescribed change for a real estate salesperson—

a change in the salesperson’s—

name; or

email address; or

postal address; or

residential address; or

telephone number;

the coming into existence of circumstances for the salesperson that would, under section 120(1) of the Act, affect the salesperson’s suitability to hold a registration certificate if the salesperson were applying for registration.

For section 92(2)(a)(ii) of the Act, the auctioneer must disclose the percentage of the buyer’s premium payable on the purchase of goods at auction by—

including the required statement for the goods in each written advertisement for the auction; and

displaying the required statement for the goods in a way likely to be seen by each prospective bidder; and

at the start of the auction—

if bids may be made in person—announcing the required statement for the goods at the place where bidders may be present at the auction; and

if bids may be made online—displaying the required statement for the goods to each person who may bid online during the auction.

In this section—

required statement, for goods, means a statement that a buyer’s premium of a stated percentage of the purchase price of the goods is payable on a successful bid for the purchase of the goods.

The area prescribed for section 8(1)(a)(i), (1)(b)(i), (2)(a) and (3)(a) of the Act is 10,000m².

The amount prescribed for section 8(1)(a)(ii), (1)(b)(ii), (2)(b) and (3)(b) of the Act is $10,000,000.

For section 95(2) of the Act, an auctioneer who conducts an auction must display at the auction the auctioneer’s name—

in a conspicuous position so it is clearly visible; and

for the entire period of the auction.

However, subsection (1) does not apply if the display of the auctioneer’s name in the way stated in subsection (1) would be ineffective because—

the exposure of the place where the auction is held to the elements prevents the effective display; or

Example—

a livestock auction conducted outdoors

the auctioneer needs to change location to conduct the auction, to the extent the display of the auctioneer’s name would be ineffective without repositioning the name.

Example—

an auction where it is necessary for the auctioneer to move from item to item, for example, an auction of large machinery items

If subsection (2) applies, the auctioneer must announce the auctioneer’s name at the start of the auction.

The prescribed statement for section 214(5)(b) or 216(5)(b) of the Act is—

‘This property is being sold by auction or without a price and therefore a price guide can not be provided. The website may have filtered the property into a price bracket for website functionality purposes.’.

This section applies to real property placed by a person with an auctioneer for sale.

The auctioneer must keep at the auctioneer’s registered office an auction contract book.

Maximum penalty—10 penalty units.

When the person places the property with the auctioneer for sale, the auctioneer must enter in the auctioneer’s auction contract book the following particulars—

the date the property is placed by the person with the auctioneer for sale;

the property’s lot-on-plan description;

if there is an improvement on the property, a description of the improvement;

the name and address of the owner or the person who has placed the property with the auctioneer for sale;

any reserve price for the auction;

any special conditions for the sale of the property;

the proposed date, time and place of the auction.

Maximum penalty—10 penalty units.

However, if the particulars mentioned in subsection (3) are contained in the appointment of the auctioneer under section 102 of the Act and the auctioneer keeps the appointment or a copy of it at the auctioneer’s registered office, the auctioneer need not enter the particulars in the auction contract book.

The auctioneer must enter the following particulars in the auction contract book as soon as practicable after the auction—

the date of the auction of the property;

the property’s description;

if the property is sold at auction—

the price paid by the buyer; and

the buyer’s name and address;

if the property is not sold at auction—

the amount of the highest bid at the auction; and

if known, the highest bidder’s name and address.

Maximum penalty—10 penalty units.

This section applies if—

a person places goods with an auctioneer for sale; or

an auctioneer sells goods belonging to the auctioneer.

When the person places the goods with the auctioneer for sale, the auctioneer must enter in the auctioneer’s auction store book—

a description of the goods; and

the details of any mark, number or other particular relied upon for the identification of the goods; and

the reserve price, if any, for the goods for the auction; and

for goods other than goods belonging to the auctioneer—

the name and address of the seller or person who delivered the goods to the auctioneer; and

the date the goods were delivered to the auctioneer.

Maximum penalty—10 penalty units.

For subsection (2), the auctioneer may group the goods and enter them in the auctioneer’s auction store book as 1 item if—

the goods consist of articles; and

the articles are delivered to the auctioneer by 1 person; and

the lot value of the articles is not more than $50.

Within 24 hours after selling the goods at auction, the auctioneer must enter in the auctioneer’s auction sales book—

the date of the auction; and

a description of the goods; and

the sale price paid for the goods at the auction; and

the name and address of the buyer of the goods; and

a cross-reference to the relevant entry for the goods in the auctioneer’s auction store book.

Maximum penalty—10 penalty units.

The auctioneer must keep the following at the auctioneer’s registered office—

the auction store book;

the auction sales book.

Maximum penalty—10 penalty units.

In this section—

goods does not include livestock.