Declaration of no receipt trust funds - real estate and business agents

This publication is for: 
Home buyer / ownerProperty industry
OATHS, AFFIDAVITS AND STATUTORY DECLARATIONS ACT 2005 STATUTORY DECLARATION
REAL ESTATE AND BUSINESS AGENTS ACT 1978 SECTION 86 DECLARATION OF NO RECEIPT OF TRUST FUNDS
 

Who needs to complete this form

If you are an auditor and your client did not receive any trust funds for the audit period, they may be required to lodge this declartion with Consumer Protection.
By completing this form you are declaring that you as an indivual or on behalf of a partnership or body corporate:
  • neither received nor held any money in the course of business as a Real Estate and/or Business Agent for or on behalf of any person. 
  • The statements and information provided herein are correct to the best of your knowledge and belief. This declaration is true and you know that it is an offence to make a declaration knowing that it is false in a material particular. 
  • This declaration is made under the Oaths, Affidavits and Statutory Declarations Act 2005

What do I need to complete a declaration

  • complete all sections of the above form
  • provide full name and address details
  • sign the form in the presence of an authorised witness

Authorised witnesses

This Declaration must be made before any of the following persons:

  • Academic (post-secondary institution)
  • Accountant 
  • Architect 
  • Australian Consular Officer 
  • Australian Diplomatic Officer 
  • Bailiff 
  • Bank Manager
  • Chartered Secretary Governance Advisor or Risk Manager 
  • Chiropractor 
  • Company Auditor or Liquidator 
  • Court Officer (Judge, Magistrate, Registrar, Clerk) 
  • Defence Force Officer (Commissioned, Warrant or NCO with 5 years continuous service) 
  • Dentist 
  • Doctor
  • Electorate officer of a member of State Parliament 
  • Engineer 
  • Industrial Organisation Secretary 
  • Insurance Broker 
  • Justice of the Peace 
  • Landgate Officer 
  • Local Government Councillor
  • Loss Adjuster
  • Lawyer 
  • Local Government CEO or Deputy CEO 
  • Marriage Celebrant
  • Member of Parliament (State or Commonwealth)
  • Minister of Religion
  • Nurse
  • Optometrist
  • Patent Attorney
  • Physiotherapist
  • Podiatrist
  • Police Officer 
  • Post Office Manager
  • Psychologist
  • Public Notary
  • Public Servant (State or Commonwealth)
  • Real Estate Agent
  • Registered Teacher
  • Settlement Agent 
  • Sheriff or Deputy Sheriff
  • Surveyor
  • Tribunal Officer
  • Veterinary Surgeon or 
  • any person before whom, under the Statutory Declarations Act 1959 of the Commonwealth, a Statutory Declaration may be made. Full details of professions listed as authorised witnesses by the Oaths, Affidavits and Statutory Declarations Act 2005 are available by visiting the Department of the Attorney General’s website (http://www.courts.dotag.wa.gov.au/_files/Professions_witness_statutory_d...) or calling 08 9264 1600 

Further information

For further information and additional forms refer to the Auditing real estate agents - forms and publications page

 
Consumer Protection
Form – notification
Last updated 12 Jun 2018

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