CPPREP4003 - Legislation Report: Real Estate Industry in NSW

This report analyzes two key pieces of legislation relevant to the real estate industry in New South Wales: the Design and Building Practitioners Act 2019 and the Real Estate Services Council Act 2019. It details the purpose, key components, and potential breaches of each act, including associated penalties. The report explains how to identify the currency of the legislation and outlines the process for addressing discrepancies in its application. The Design and Building Practitioners Act focuses on definitions, building work, regulated designs, building practitioners, and compliance declarations. Breaches include failures in design compliance declarations, with penalties ranging from 500 to 1500 penal units. The Real Estate Services Council Act establishes the roles and functions of the Real Estate Services Council, addressing breaches such as the disclosure of information and misconduct by licensees, with penalties including administrative penalties. The report uses the NSW legislation website as a resource.

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1. Design and Building Practitioners Act 2019
Purpose
Offers definitions, building work. various regulated designs and building elements, building
practitioners and compliance declarations.
Key Components
The Act contains the Building Code of Australia, declaration of building compliance in section
8(3), elements of the building, occupation certificate and practitioners among others (2019).
Breaches within the Act
Breaches such as failure of a design practitioner to offer design compliance declaration, to
present a copy of the declaration to the principle design practitioner who must be registered. A
penalty is imposed of 1500 penal units for a corporate body and 500 units issues in other cases.
Design compliance declaration, failure to observe declarations calls for 1500 penal units for
corporate and 500 penal units in a different case.
How to identify Currency for the Real Estate Service Council Act
Funds are identified by the new obligations supported by offense provisions such as maximum
monetary penalties for non-compliance. LRA 8A(1)(b)(i).
Process of Addressing Discrepancies
The process of addressing discrepancies starts from notice to show the cause, disciplinary actions
taken by the secretary if satisfied on basis of taking actions against the practitioner, directors

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report the conduct for disciplinary action to the secretary, civil and administrative tribunal
reviews the decision and finally enforcement of monetary payments.
2. Real Estate Services Council Act 2019
Purpose: to confer functions and establish the roles on the real estate services council for New
South Wales.
Components: preliminary, management of real estate services council and the constitution,
objects, and roles of Real Estate Services Council and miscellaneous (NSW legislation, 2019).
Breaches
Disclosure of information: An individual is not allowing to disclose information that is acquired
concerning execution or administration of the Act unless that disclosure is made. The penalty is
20 penal units.
Misconduct by license: occurs when a licensee contravenes regulations guiding professional
conduct such as fails to comply with real estate rules. This is punishable by administrative
penalties imposed by the council.
How to identify Currency for the Real Estate Service Council Act
Funds can be identifying with court decisions or confirmed on appeal under the legislation Act.
The Process of Addressing Discrepancy
In this legislation, discrepancies are addresses under the Act or regulations addresses summarily
by the Local court.

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Works Cited
(2019). NSW Legislation. Retrieved from
https://www.legislation.nsw.gov.au/#/view/bill/6479c389-f925-4884-bfc4-18578575e22b
NSW legislation. (2019). Retrieved from
https://www.legislation.nsw.gov.au/#/view/bill/f08f2dc5-4ddb-41d6-b310-4c714d63482d