Property Agents and Land Transactions Amendment Regulations 2022

Property Agents and Land Transactions Amendment Regulations 2022

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Property Agents and Land Transactions Act 2016 .

2 May 2022

B.BAKER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Workplace Safety and Consumer Affairs

1.   Short title

These regulations may be cited as the Property Agents and Land Transactions Amendment Regulations 2022 .

2.   Commencement

These regulations take effect on the day on which the provisions of the Property Agents and Land Transactions Amendment Act 2020 commence.

3.   Principal Regulations

In these regulations, the Property Agents and Land Transactions Regulations 2017 are referred to as the Principal Regulations.

4.    Regulation 41 rescinded

Regulation 41 of the Principal Regulations is rescinded.

5.    Regulation 44 amended (Fees)

Regulation 44 of the Principal Regulations is amended by omitting subregulation (3) and substituting the following subregulations:

(3)  The fees specified in Part 1 of Schedule 1 are prescribed as the fees payable in respect of the matters to which they respectively relate.

(4)  The fees specified in Part 2 of Schedule 1 are –

(a) prescribed as the fees payable in respect of the matters to which they respectively relate; and

(b) payable on, or after, the day on which the Property Agents and Land Transactions Amendment Regulations 2022 take effect but before 1 April 2023.

(5)  The fees specified in Part 3 of Schedule 1 are –

(a) prescribed as the fees payable in respect of the matters to which they respectively relate; and

(b) payable on, or after, 1 April 2023.

6.    Schedule 1 substituted

Schedule 1 to the Principal Regulations is rescinded and the following Schedule is substituted:

SCHEDULE 1 - Fees

Regulation 44

PART 1 - General fees

		Fee (Fee units)
1.	Examinations	91
2.	Late provision of accounts and reports required under the regulations to be given to the Board	46

PART 2 - Annual Licence Fees (Payable Before 1 April 2023)

		Fee (Fee units)
1.	Application for real estate agent licence or renewal of real estate agent licence
	(a) in respect of a real estate agent who is carrying on a real estate agency business	273
	(b) in all other cases	168
2.	Application for property manager licence or renewal of property manager licence
	(a) in respect of a property manager who is carrying on a property management business	273
	(b) in all other cases	168
3.	Application for general auctioneer licence or renewal of general auctioneer licence
	(a) if person applying is director of company which carries on general auctioneering business	273
	(b) in all other cases	168
4.	Application for property representative licence or renewal of property representative licence	168
5.	Late lodgement of application for renewal of licence	25% of application fee for renewal of licence

PART 3 - Annual Licence Fees (Payable on, or after, 1 April 2023)

		Fee (Fee units)
1.	Application for real estate agent licence or renewal of real estate agent licence
	(a) in respect of a real estate agent who is carrying on a real estate agency business	273
	(b) in all other cases	246
2.	Application for property manager licence or renewal of property manager licence
	(a) in respect of a property manager who is carrying on a property management business	273
	(b) in all other cases	246
3.	Application for general auctioneer licence or renewal of general auctioneer licence
	(a) if person applying is director of company which carries on general auctioneering business	273
	(b) in all other cases	246
4.	Application for property representative licence or renewal of property representative licence	246
5.	Late lodgement of application for renewal of licence	25% of application fee for renewal of licence

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 4 May 2022

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Property Agents and Land Transactions Regulations 2017 to –

(a) rescind a provision, prescribing certain qualifications for certain licences, which is no longer required consequent on certain changes made to the Property Agents and Land Transactions Act 2016 ; and

(b) update certain licence, and renewal, fees.