Part 1: Legislative Framework and operations Legal

1. Legal framework

Describe each of the following legal frameworks:

1. Common law.

1. Contract law.

1. Equity law.

1. Statute law.

2. Components and structure of legislation

Describe each of the following key components and structure of legislation:

1. Acts.

1. Regulations.

1. Subordinate legislation

1. Amendments.

1. Mandatory codes of practice.

1. Long title.

1. Short title.

1. Commencement date.

1. Application.

1. Contents.

1. Definitions.

1. Headings.

1. Parts.

1. Divisions and subdivisions.

1. Clauses and subclauses.

1. Schedules.

1. Appendices.

3. Interpretation Aids and problems

1. Using the Interpretation Act 1987, Part 2 Words and expressions, a legal dictionary and your student workbook, explain the following terms concerning interpreting legislation and give an example correct use of each term/expression in any piece of real estate legislation. An example has been provided for you.

TERMS/expressions	How are they used when interpreting legislation
And/or	And/or means that either one or both of the options is required. It is NOT a good practise using these term in legal writings. An agent may hold and/or a certificate of registration or licence to sell residential property in NSW
Gender
hierarchy
includes
May, should and must

1. Write a definition of each of the following rules of interpretation, thislegal dictionary can assist you in responding to this task.
   1. Literal rule.

1. Golden rule.

1. Mischief rule.

1. Purposive approach.

2. Explain the following statements, using examples related to real estate:
   1. Express mention of one thing to the exclusion of another (Expressio Unius Est Exclusio Alterius)

1. Words interpreted through their connection with other words i.e. in context (Noscitur a sociis)

1. Words with the same meaning (Ejusdem Generis).

2. Describe how each of the following external aids can assist you in interpreting legislation and why you would use them:
   1. Interpretation Acts - Acts Interpretation Act 1901 and Interpretation Act 1987 No 15
   2. Hansard/parliamentary papers
   3. Legal dictionaries
   4. Previous judicial interpretations of legislation.

a. Interpretation Acts:

b. Hansard/parliamentary papers:

c. Legal dictionaries:

d. Previous judicial interpretations of legislation:

1. Identify and explain three common problems that can occur when interpreting legislation.

1. Identify and analyse two consequences for misinterpreting legislation, using examples.

1. Why is it important to interpret/read a piece of legislation using the individual sections (including the purpose/objectives, definitions/interpretation, headings and notes) and the legislation as a whole? Provide an example from the Property and Stock Agents Act 2002 (NSW), that would demonstrate the importance of reading the 'Definitions' section of the act, as well as another relevant section of the act.

1. Why are some pieces of legislation related to other pieces of legislation? Give an example.

4. Legislation in real estate

1. Identify the legislative document and schedule that requires all agents in NSW to have 'Knowledge of Acts and Regulations'. In dot point form list the areas of legislation covered.

1. In the above questions, you have identified an agent must know the acts and regulations! Explain your legal responsibilities in regards to accessing, reading, interpreting, applying and maintaining knowledge of relevant legislation?

Areas	Legal responsibility
Accessing legislation
Reading legislation
Interpreting legislation
Applying legislation
Maintaining/updating knowledge of legislation

1. Legislation changes frequently in the real estate industry, describe two techniques you can use to identify and track changes and amendments to legislation.

1. Demonstrate that you have used these techniques ( from question 20) by including screenshots.

1. List the full title of the legislation and subordinate legislation, including a brief description that applies to real estate in NSW for each of the following areas (at least one piece of legislation and one piece of subordinate legislation for each this may include Commonwealth and/or state legislation):
2. Secret commissions.

1. Environmental sustainability.

1. Employment and industrial relations

1. 5. Accessing legislation and advice

1. List three reliable online sources where you would find legislation that applies to real estate operations in NSW include the link to each website.

1. You are required to access and analyse the following pieces of legislation and complete the table below:

• Competition and Consumer Act 2010 (CTH)
• Foreign Acquisitions and Takeovers Act 1975 (CTH)
• Environmental Planning and Assessment Act 1979 (NSW)

Analysis areas	Competition and Consumer Act 2010	Environmental Planning and Assessment Act 1979	Foreign Acquisitions and Takeovers Act 1975 (CTH)
The full title of the legislation
Purpose of the legislation
Key components of the legislation
Two breaches of the legislation

b. You are required to access the Property and Stock Agents Act 2002 and Regulations 2014 (NSW) and identify the penalty units and maximum monetary penalty for the following breaches:

Section NO	Section name	Penalty units & maximum monetary value
52 (1)		Individual :
78		Company:

1. Describe the most effective way to access current and point-in-time versions of the legislation. Demonstrate the techniques you used to access the current and point-in-time version of the Environmental Planning and Assessment Act 1979 (NSW) by including screenshots.

1. Which regulator would you contact if you need assistance with interpreting the Competition and Consumer Act 2010 (CTH)? What is the purpose and duties of that regulator? Where else could an agency go for advice on legislation?

1. Misinterpretation of legislation can lead to client complaints, identify and explain three communication strategies you could use to deal with complaints. (word count 25-50 words for each strategy)

Part 2: Legislation and ethical conduct

This Part of the assessment is replicated in CPPREP4001_AE_Pro_1of1 Part 4, if you have successfully completed that do not repeat your efforts here. Please copy and paste your answers below from CPPREP4001_AE_Pro_1of1 Part 4.

1. Identify the correct legislation (acts and regulations) for each of the following areas, including the full title of the legislation and a link to where it can be found. Explain the aim and purpose of these acts and how they are relevant to your work as an agent.

Areas	Full name of Legislation and/or subordinate legislation	Aim and purpose	Relevance to your work role
Act and regulations that govern all real estate operations in NSW
Hyperlinks:
Real Estate Licencing
Hyperlink:
Privacy and confidentiality
Hyperlink:
Residential tenancies
Hyperlink:
Retail tenancies
Hyperlink:
Equal Employment Opportunity
Hyperlink:
Anti-Discrimination
Hyperlink:
Work Health and Safety
Hyperlink:

1. Analyse (identify in first column, then explain) a code of conduct/regulation for each row, applicable in the Real Estate industry.

Code of conduct/regulation	Analysis
Code at Business level
Code at Industry Level
Regulation

1. Identify and explain the role of the regulatory body for real estate practices in NSW? (word count 40-60 words)

1. Expand the acronyms below, explain their role and function in the property industry. (10-20 words each cell)

REA
REEF
REI and REI NSW
Property Council of Australia