Licence holders

Topics

You must have a motor vehicle repair certificate if you carry on the business of motor vehicle repair work as prescribed under the Motor Vehicle Repairers Regulations in Western Australia. A motor vehicle repairer's certificate is a "licence" for individuals who: own a repair business and do repair...
Motor vehicle repairers
To be a certified motor vehicle repairer, applicants must demonstrate they are sufficiently qualified in each class of repair work for which they are applying. The methods for qualifying for certification are outlined below. Formal qualification and training The qualifications a person must have...
Motor vehicle repairers
A car market is a market provided by a registered car market operator who does not own the secondhand vehicles which are displayed for sale. It is not an auction premises. Vehicles displayed for sale at a car market cannot be owned by other licensed dealers. Quite often, a car market will be used...
Vehicle sellers
A salesperson is someone who is employed or engaged by or on behalf of a dealer to buy or sell motor vehicles. A salesperson's licence is needed if you: Buy or sell vehicles. Complete sales contract documentation. Take a customer for a demonstration drive. You will not require a salesperson's...
Vehicle sellers
A yard manager is someone employed or engaged by a dealer to manage or supervise the dealer's business of buying and/or selling vehicles. What you need to do to get a licence To obtain a motor vehicle yard manager licence you must: Complete the application form ; Pay the appropriate fee ; Prove...
Vehicle sellers
Participants operating outside of the State, or in its remote and regional areas, will be given adequate opportunities to obtain their CPD points. Remote (regional WA) participants A remote participant is any participant whose principal place of business falls outside a 100km radius of: Perth,...
Real estate agents and sales representatives
Mandatory activities Each year, participants must obtain ten CPD points. Consumer Protection will review the needs of the industry annually. Mandatory activities are paid for by Consumer Protection*. Participants are required to attend mandatory activities each year that are relevant to their...
Real estate agents and sales representatives
Laws that apply to debt collectors Fair Trading Act 2010 This Act is based on the Trade Practices Act 1974 (Commonwealth) and mirrors its misconduct prohibitions. Unauthorised Documents Act 1961 This Act bans the design of collection letters of demand so that they resemble court documents...
Debt collector restrictions and conduct
The Debt Collectors Licensing Act 1964 sets out the licensing requirements for debt collectors operating in Western Australia and their duty to handle trust funds responsibly. Who needs a licence? Anyone who carries on the business of, exercises the functions of or in any way holds themselves out...
Becoming a debt collector
Services must achieve the consumer’s stated purpose You guarantee your services will be reasonably fit for any purpose specified by the consumer and that any products resulting from the services are also fit for that purpose. Example: A consumer asks for a key to be cut to fit his door and shows...
Guarantees and warranties

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Publications

On Wednesday 1 June 2016, the WorkSafe Western Australia Commissioner released the Discussion Paper - Work Health and Safety Regulations for Western Australia (the discussion paper) for public...
WorkSafe
Information
19 Jul 2016
The Department of Commerce – WorkSafe Division has released a Discussion Paper on recommendations to amend the model Work Health and Safety Regulations (the WHS regulations) for the Western...
WorkSafe
Information
01 Jun 2016
22 February 2016 The majority of real estate complaints lodged with the department involve residential tenancy or property management matters. Often these matters should not have occurred in the...
Consumer Protection
Bulletin
09 Mar 2016
4 February 2016 The Department of Commerce wishes to notify agents and property managers of some recent changes by the Magistrates Court and Australia Post in relation to their services. Increase in...
Consumer Protection
Bulletin
05 Feb 2016
29 January 2016 As outlined in e-bulletin issue 53 , the regulation of fees will cease as of 3 February 2016. Settlement agents are able to determine the fee structure to charge their client for...
Consumer Protection
Bulletin
29 Jan 2016
25 January 2016 Following consultation with industry in 2014, the Minister for Commerce has announced the scale of maximum fees for settlement agents will be removed. From Wednesday 3 February 2016,...
Consumer Protection
Bulletin
02 Mar 2016
25 January 2016 Following consultation with industry in 2014, the Minister for Commerce has announced the scale of maximum fees fixed for land valuers will be removed. From Wednesday 3 February 2016...
Consumer Protection
Bulletin
27 Jan 2016
11 December 2015 A real estate agent has had his licence and triennial certificate cancelled by the State Administrative Tribunal (SAT) and is banned from holding a licence for five years after...
Consumer Protection
Bulletin
16 Dec 2015
7 October 2015 The Department of Commerce (the Department) would like to remind agents and property managers to check the qualifications and licence status, if applicable, of tradespeople that they...
Consumer Protection
Bulletin
14 Oct 2015
2 October The Department of Commerce (the Department) would like to remind settlement agents about the legislation requirements in relation to rewards for referrals. Section 44(7) of the Settlement...
Consumer Protection
Bulletin
07 Oct 2015

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Announcements

A car yard has been fined $1,000 by the Bunbury Magistrates Court for selling a used vehicle while it was still under a repair order issued by Consumer Protection. Kavannaqc Pty Ltd , trading as Bunbury Car Warehouse , was also required to pay costs of $1,282 after pleading guilty on 23 April 2015 to breaching the Motor Vehicle Dealers Act. In March 2014, compliance officers from Consumer...
Consumer Protection
Media release
24 Apr 2015
The Perth Magistrates Court has given Westpoint Realty Pty Ltd (in liquidation) a $30,000 fine, its Director Norman Phillip Carey a $6,000 fine and ordered him to pay costs of $97,449 for making false or misleading representations to consumers. While handing down his decision on 12 March 2015, Magistrate Malone denied Mr Carey’s application for a spent conviction. Mr Carey was found guilty on 11...
Consumer Protection
Media release
13 Mar 2015
A Victoria Park real estate agent has been fined $3,500 and disqualified from holding a licence and triennial certificate for 18 months by the State Administrative Tribunal (on 11 March 2015) after making illegal withdrawals from the agency’s trust account. Tracey Leanne Wilson , a former Director and employee of a Victoria Park real estate agency, faced disciplinary action by Consumer Protection...
Consumer Protection
Media release
12 Mar 2015
A property manager working for a Shenton Park real estate agency has been banned permanently from working in the industry and fined $20,000 for making illegal withdrawals from the agency’s trust account. Jenelle Lee Maslin of Innaloo, who is a registered real estate sales representative, made 14 unauthorised withdrawals from the agency’s trust account amounting to almost $30,000 between January...
Consumer Protection
Media release
11 Mar 2015
A licensed real estate agent has been reprimanded and both he and his agency have been fined for employing an unregistered sales representative. On 27 February 2015, Kirsten Leigh Hopla was fined a total of $3,200 and ordered to pay costs of $948 by the Perth Magistrates Court for carrying out the functions of a real estate sales representative without a certificate of registration. Magistrate...
Consumer Protection
Media release
03 Mar 2015
A motor vehicle repairer was reprimanded and fined $750 by the State Administrative Tribunal (SAT) on 2 February 2015 for failing to comply with a condition placed on his certificate. Mark Paul Ravlich of Swan View failed to provide a National Police Certificate in accordance with the condition on his repairer’s certificate issued under the Motor Vehicle Repairers Act. The SAT ordered him to...
Consumer Protection
Media release
10 Feb 2015
An unlicensed motor vehicle repairer has been fined $5,000 by the Joondalup Magistrates Court. Mark Anthony O’Malley , trading as Ace Auto Air Electrical & Mechanical of Padbury, was also ordered to pay costs of $850 when convicted in his absence on 2 January 2015. Lawyers for Consumer Protection told the Court that Mr O’Malley had advertised his services for motor vehicle repair work on...
Consumer Protection
Media release
05 Jan 2015
A Rockingham real estate agency and one of its sales representatives have been fined $500 each by the Rockingham Magistrates Court after the sales representative worked without a current certificate of registration. Sand Dollar WA Pty Ltd , trading as Harcourts Rockingham , had employed the sales representative who continued to work for 22 months after their certificate of registration expired in...
Consumer Protection
Media release
09 Dec 2014
A Gosnells real estate agency has been fined a total of $2,500 by the Armadale Magistrates Court for employing and paying commissions to an unregistered sales representative. Attree Pty Ltd , trading as Attree Real Estate, employed a sales representative who had received commission payments between August 2012 and May 2013 while that employee’s registration as a sales representative was not...
Consumer Protection
Media release
09 Dec 2014
A Duncraig man has been fined $2,500 by the Joondalup Magistrates Court on 31 October 2014 for selling cars without a licence. Robert John Broadway had bought numerous vehicles from auction houses and privately between August 2012 and May 2014 and then sold them on Gumtree without having a dealer’s licence as required by the Motor Vehicle Dealers Act. Mr Broadway was ordered to pay costs of $779...
Consumer Protection
Media release
04 Nov 2014

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