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s 43

Applications for registration

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Part IVRegistration of sales representatives

43 Applications for registration

(1)

An application for a certificate of registration shall be made in writing and in a manner and form determined by the Commissioner in respect of such an application and shall contain such information as is required by the Commissioner in respect of such an application.

[(2) deleted]

(3)

In respect of any particular application the applicant shall furnish the Commissioner with such further information as the Commissioner determines.

(4)

If the Commissioner is considering making an adverse decision in relation to the application, the Commissioner must give the applicant the opportunity to give additional information in relation to that application.

[Section 43 amended: No. 58 of 2010 s. 95 and 134; No. 44 of 2016 s. 32.]

44. Real estate sales representatives must be registered etc.

(1)

On and after the appointed day 2, a person not being a licensee who is the holder of a current triennial certificate shall not act as, or carry out any of the functions of, a real estate sales representative unless he is the holder of a current certificate of registration and he acts, or carries out those functions, for and on behalf of a licensee who is the holder of a current triennial certificate, or for and on behalf of a developer.

Penalty for this subsection: a fine of $25 000.

(2)

On and after the appointed day 2, a person not being a licensee who is the holder of a current triennial certificate shall not unless he is the holder of a current certificate of registration hold himself out by any means as a real estate sales representative or as being in the employment of, or as acting for or on behalf of a licensee who is the holder of a current triennial certificate as a real estate sales representative, or as being in the employment of, or acting for or on behalf of a developer as a real estate sales representative.

Penalty for this subsection: a fine of $25 000.

(3)

On and after the appointed day 2, a real estate sales representative who is the holder of a current certificate of registration shall not hold himself out by any means as being in the employment of, or as acting for or on behalf of a licensee who is the holder of a current triennial certificate, or as being in the employment of, or as acting for or on behalf of a developer, unless that licensee or developer, as the case may be, is his employer, principal or partner.

Penalty for this subsection: a fine of $25 000.

[Section 44 amended: No. 43 of 1994 s. 11; No. 25 of 2019 s. 62.]

45. Business sales representatives must be registered etc.

(1)

On and after the appointed day 2, a person not being a licensee who is the holder of a current triennial certificate shall not act as, or carry out any of the functions of, a business sales representative unless he is the holder of a current certificate of registration and he acts, or carries out those functions for and on behalf of a licensee who is the holder of a current triennial certificate.

Penalty for this subsection: a fine of $25 000.

(2)

On and after the appointed day 2, a person not being a licensee who is the holder of a current triennial certificate shall not unless he is the holder of a current certificate of registration hold himself out by any means as a business sales representative or as being in the employment of, or as acting for or on behalf of a licensee who is the holder of a current triennial certificate.

Penalty for this subsection: a fine of $25 000.

(3)

On and after the appointed day 2, a business sales representative who is the holder of a current certificate of registration shall not hold himself out by any means as being in the employment of, or acting for or on behalf of, a licensee who is the holder of a current triennial certificate unless that licensee is his employer, principal, or partner.

Penalty for this subsection: a fine of $25 000.

[Section 45 amended: No. 43 of 1994 s. 11; No. 25 of 2019 s. 62.]

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Section 43 — Applications for registration — Real Estate and Business Agents Act 1978 (Western Australia) — Barrister AI