Written Questions

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 your learner portal as per the instructions with the assessment task.

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 you 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.

Broad phrases Often when opening an Act, we are faced with long paragraphs of information which can make it difficult for people to understand the points clearly.

Legal jargon The terminology used may at times not be common to that which is used in everyday language and therefore requires understanding of the way the terms need to be applied to enable someone to interpret them.

Due to the way in which legislation is written makes it difficult to understand. It is written in an unfamiliar style of writing causing confusion and possible misinterpretations for most people. Due to this issue, it is advised to read the legislation from front to back to interpret it as a whole and not in sections to reduce misinterpretations. Subordinate legislation attempts to try and overcome this problem frequently.

A disadvantage that legislations have are because they are prepared by regulatory bodies. Due to this the quantities of legislations have increased exponentially over the recent years. This has resulted in a mass of added legal rules such as regulations, by-laws ect. Making it even difficult for lawyers to keep up to date with regulations.

Question 2

Name 2 consequences that could occur if a real estate employee misinterpreted legislation.

. It is very important to ensure that the legislation being accessed is the most up to date version and that you are not accessing a superseded version of the legislation, otherwise you may be unintentionally breaching the legislation.

Extreme breaches of the Act or any other part of the Act included within the subordinate legislation (regulation, guidance notes etc), may result in the loss of a license or revocation of a registration certificate. Don’t think that it can’t happen to you – it can. Normally, if a breach of rules is identified by the regulatory authority, it is likely to trigger an investigation into other aspects of agency operation.

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

ppp

The long title is intended to provide a summarised description of the purpose or scope of the Act while

short title is the formal name by which a piece of primary legislation may by law be cited e.g., Property and Stock Agent Act 2002, Property Occupations Act 2014, Estate Agent Act 1980.

Commencement Commencement is the time from which the law, as specified in the Act of Parliament, applies or, in other words, becomes effective. An Act or Regulation does not carry legal force until it has commenced.

Application – Objective of the Act can also be referred to as Objects

Contents – The outline of the Act and the various sections provided in the Act

Dictionary / Definitions. This may be at the beginning of the Act, or referred to in one of the first sections and listed towards the end

Headings – The body of the legislation follows a hierarchy containing chapters, parts, division and subdivisions, 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

Anti-discrimination and equal employment opportunity

Anti-discrimination and equal employment opportunity Anti-discrimination Act 1991 (QLD)Discrimination includes direct and indirect discrimination on the basis of a protected attribute within the meaning of the Anti-Discrimination Act 1991.

Planning and Zoning

The Planning Act 2016 (Qld) (Planning Act) is the principal law regulating planning and development in two main ways: It provides a framework for local governments to prepare planning schemes and for the state government to prepare regional and state-wide planning instruments.

Employment and industrial relations

Employment and industrial relations Fair Work Act 2009 and Regulation (Cth) Industrial Relations Act 2016 (QLD)

The Fair Work Act 2009 (Cth) is an Act of the Parliament of Australia, passed by the Rudd Government to reform the industrial relations system of Australia.[1][2] It replaced the Howard Government‘s WorkChoices legislation, it established Fair Work Australia, later renamed the Fair Work Commission.[3]

Consumer protection, fair trading and trade practices

The Competition and Consumer Act 2010 (CCA)[1] is an Act of the Parliament of Australia. Prior to 1 January 2011, it was known as the Trade Practices Act 1974 (TPA).[2] The Act is the legislative vehicle for competition law in Australia, and seeks to promote competition, fair trading as well as providing protection for consumers.

Foreign investment

Foreign Acquisitions and Takeovers Act 1975 (Cth) The Foreign Acquisitions and Takeovers Act 1975 (Cth) imposes an obligation on any foreign person to seek approval by prior written notice of specified acquisitions, for example where a foreigner wishes to acquire a substantial interest in an Australian corporation and/or an interest in Australian urban land. See s26 and s26A.

Environment and sustainability

Environmental Protection Regulation 2019 —prescribes the detail for processes contained in the EP Act. For example, this regulation contains the list of ‘prescribed ERAs’ which are regulated under the EP Act and prescribes the fees to be paid, such as application fees and annual fees for ERAs.

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is an Act of the Parliament of Australia that provides a framework for protection of the Australian environment, including its biodiversity and its natural and culturally significant places

Financial services, financial probity and taxation

Financial Services Reform Act 2001 No. 122, 2001 An Act to amend the law relating to financial services and markets, and for other purposes

Franchises and business structure

The purpose of the Competition and Consumer (Industry Codes—Franchising) Repeal Regulation 2014 (the Regulation) is to repeal the 1998 Franchising Code from 1 January 2015, which is when the Regulation commences

Property management including leases and tenancy agreements

The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) is the law that protects a resident’s right to privacy while living in rooming accommodation in Queensland. It outlines the steps providers and their representatives must follow when entering the rooms of residents.

Property sales and auctions

Occupational Health and Safety

Privacy

Secret commission

Real estate licencing

4.2

4.3

4.4

4.5

4.6

The Corporations Act 2001 (Cth) is an Act of the Parliament of Australia, which sets out the laws dealing with business entities in the Commonwealth of Australia. The company is the Act’s primary focus, but other entities, such as partnerships and managed investment schemes, are also regulated

Question 5

Explain the legal framework in Australia.

Statute law

Common law

Contract law

Equity law

Click or tap here to enter text.

Question 6

Explain the following main components of legislation

Acts

Regulations

Amendments

Mandatory codes of conduct

Schedules

Appendices

Click or tap here to enter text.

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.

Click or tap here to enter text.

Question 8

Explain the following statutory interpretation rules:

Literal rule

Click or tap here to enter text.

Mischief rule

Click or tap here to enter text.

Golden rule

Click or tap here to enter text.

Purposive approach

Click or tap here to enter text.

Express mention of one thing to the exclusion of another

Click or tap here to enter text.

Question 9

List (3) websites where you can access information on Commonwealth and/or state legislation.

Click or tap here to enter text.

Question 10

Identify and list the names and websites of (2) bodies that provide support and guidance for estate agency personnel.

Click or tap here to enter text.

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

Click or tap here to enter text.

Name the most current version of the property management legislation for your state or territory including the name, version and year

Click or tap here to enter text.

Explain in 100-150 words how you would know whether legislation is current.

Click or tap here to enter text.

Question 12

Outline how you could track changes and amendments to legislation and the techniques you could apply to track these changes to ensure you are staying up to date with current legislation.

Click or tap here to enter text.

Question 13

Explain the role that regulators have in relation to legislation.

Click or tap here to enter text.

Question 14

What is the responsibility of real estate personnel to access, read, interpret and apply legislation to their real estate activity?

Click or tap here to enter text.

Question 15

Explain the interrelationship between various pieces of relevant legislation.

Click or tap here to enter text.

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

Click or tap here to enter text.

Question 17

Explain the application of the following language conventions and expressions.

And/or

Click or tap here to enter text.

Gender

Click or tap here to enter text.

17.3 Hierarchy

Click or tap here to enter text.

17.4 Includes

Click or tap here to enter text.

17.5 May

Click or tap here to enter text.

17.6 Should

Click or tap here to enter text.

17.7 Must

Click or tap here to enter text.