Proactive compliance visits identify common issues - Settlement agents bulletin issue 52 (December 2015)

3 December 2015

Looking to improve practices at your agency? Considering these common issues identified during recent proactive compliance visits by the Department of Commerce (the Department) may help.

The proactive compliance program is designed to help agencies to better understand and comply with their legal obligations, as well as identifying and remedying areas of risk through guidance, best practice and education. During the 2014/2015 financial year, the Department undertook 108 visits to settlement agents.

Proactive compliance visits identify common issues - Real estate bulletin issue 102 (December 2015)

3 December 2015 

Looking to improve practices at your agency? Considering these common issues identified during recent proactive compliance visits by the Department of Commerce (the Department) may help.

The proactive compliance program is designed to help agencies to better understand and comply with their legal obligations, as well as identifying and remedying areas of risk through guidance, best practice and education. During the 2014/2015 financial year, the Department undertook 494 visits to agencies.

Sporting equipment safety

Sporting equipment must meet product safety standards to prevent injuries and ensure safe use.

To help reduce the risk of accidents, especially for children, check your equipment is:

  • properly designed (must meet Australian consumer and product safety laws)
  • built correctly
  • secured tp the ground or walls if need be
  • regularly checked and maintained. 

Product Safety Australia provides guides and advice on sporting equipment and the safety standards they need to meet, such as:

Financial reporting under associations law

Record keeping

An incorporated association must keep financial records which:

  • correctly record and explain its transactions and financial position and performance; and
  • enable true and fair financial statements to be prepared.

Financial records must be retained for a period of 7 years.

Three tiers of associations

An association is classified into one of three tiers for the purposes of determining its financial reporting obligations:

Conflicts of interest in real estate transactions - Real estate bulletin issue 101 (November 2015)

12 November 2015

The Department of Commerce (the Department) has recently become aware of a new business scheme in relation to online advertising which may raise a potential conflict of interest and wishes to remind agents of their obligations under the Real Estate and Business Agents Act 1978 (the REBA Act) and the Code of Conduct for Agents and Sales Representatives 2011 (the Code).

Training providers

Training marketers and the Australian Consumer Law

This factsheet will help training providers and marketers understand their obligations under the Australian Consumer Law. Sections of the law particularly relevant for businesses operating in the training and education sector are discussed in detail.

Australian Consumer Law (ACL)

The ACL is Australia’s national consumer protection and fair trading law. It sets out the rights of consumers and the obligations of businesses, including training providers and marketers.

Lessor fined for residential tenancy breaches - Real estate bulletin issue 100 (November 2015)

5 November 2015

A lessor has been fined $24,000 after the Consumer Protection Division of the Department of Commerce (Consumer Protection) prosecuted him for breaches of the Residential Tenancies Act 1987 (RT Act).

Carl Raymond Olsen of Meekatharra, who owned and leased out a property in High Wycombe during 2013 and 2014, was found guilty of 13 contraventions of the RT Act. In addition to the $24,000 fine, he was also ordered to pay costs of $462.

Some of the breaches of the RT Act included:

Motor vehicle dealers and repairers law reform

This is the second stage in the review of laws affecting motor vehicle dealers and repairers in Western Australia

Status: Closed, Friday 18 December 2015

A combined review of the Motor Vehicle Dealers Act 1973 and the Motor Vehicle Repairers Act 2003 has been completed.

The community’s views were sought about options for reforming the laws regulating motor vehicle dealers, yard managers, salespersons and motor vehicle repairers operating in WA.