Question
Write a definition of each of the following rules of interpretation, thislegal dictionary can assist you in responding to this task. Literal rule. Golden rule.
- Write a definition of each of the following rules of interpretation, thislegal dictionary can assist you in responding to this task.
- Literal rule.
- Golden rule.
- Mischief rule.
- Purposive approach.
- Explain the following statements, using examples related to real estate:
- Express mention of one thing to the exclusion of another (Expressio Unius Est Exclusio Alterius)
- Words interpreted through their connection with other words i.e. in context (Noscitur a sociis)
- Words with the same meaning (Ejusdem Generis).
- Describe how each of the following external aids can assist you in interpreting legislation and why you would use them:
- Interpretation Acts - Acts Interpretation Act 1901 and Interpretation Act 1987 No 15
- Hansard/parliamentary papers
- Legal dictionaries
- Previous judicial interpretations of legislation.
a. Interpretation Acts:
b. Hansard/parliamentary papers:
c. Legal dictionaries:
d. Previous judicial interpretations of legislation:
- Identify and explain three common problems that can occur when interpreting legislation.
- Why are some pieces of legislation related to other pieces of legislation? Give an example.
4. Legislation in real estate
- 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.
- 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?
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- Legislation changes frequently in the real estate industry, describe two techniques you can use to identify and track changes and amendments to legislation.
- Demonstrate that you have used these techniques ( from question 20) by including screenshots.
- 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):
- Secret commissions.
- Environmental sustainability.
- Employment and industrial relations
- 5. Accessing legislation and advice
- List three reliable online sources where you would find legislation that applies to real estate operations in NSW include the link to each website.
- 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)
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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: |
- 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.
- 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?
- 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.
- 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: |
- 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 |
- Identify and explain the role of the regulatory body for real estate practices in NSW? (word count 40-60 words)
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