What are the activities that a Licenced real estate agent is Authorised to perform by the Queensland Office of Fair Trading?

The Automatic Mutual Recognition (AMR) scheme makes it is easier and more affordable for many licensed or registered people to work in other states and territories with a single licence.

Under the AMR scheme, there is no need to obtain a local licence in a second state or territory or pay any fees, as long as there is a home state licence in force.

The scheme has commenced in NSW but not for occupations covered by licences regulated by NSW Fair Trading. Some of these occupations are expected to join the AMR scheme in the second half of 2022. Updates are available at the NSW Government website.

If you are licensed or registered in NSW and want to work in another state or territory you will need to check if AMR is available for your occupation in that state or territory. You will also need to check that you are eligible for AMR.

The AMR scheme has commenced in:

NSW Fair Trading has offered automatic recognition for electrical wiring work (contractor licence and qualified supervisor certificate) since 2015 under its East Coast Electricians scheme. Under this scheme, electricians from Queensland, Victoria and the ACT can be automatically recognised in NSW without having to notify the regulator. Go to our East Coast Electricians page for more information.

Mutual Recognition (MR) arrangements enable a licensed worker to work in another state or territory by having their qualifications recognised in NSW and vice versa.

Under the MR system you can practise an equivalent occupation in NSW if the activities you're authorised to carry out under your original licence are substantially the same as those under the occupational licence in NSW.

Application forms for MR are available online:

Real estate and property

If you intend to carry out the business under a Pty Ltd company in NSW, you must apply for a corporation licence. You can do this online by visiting the Service NSW website.

Agent’s representatives in Victoria are unable to apply as there is no equivalent recognition in NSW.

Home building

Deemed registration

A person who lodges a fully completed notice for registration (being an application form and all required accompanying documentation) under the MR legislation with the required fee, is taken to be registered, pending the grant or refusal of substantive registration. This is called deemed registration. Under deemed registration an individual can carry out their occupation in NSW until they are either granted or refused substantive registration by NSW Fair Trading. Having deemed registration in one state does not provide basis for registration in another state.

A person’s deemed registration continues until it is cancelled or suspended or otherwise ceases when the department grants or refuses to grant substantive registration, subject to any final or interim determination of any appeal. The operation of deemed registration which enabled the individual to carry out their occupation is not affected by any decision to postpone the granting of substantive registration.

It is essential that individuals deemed to be registered are familiar with the provisions of the licensing legislation (for example, contracts, advertising, maximum deposits, insurance etc.) and local NSW regulations and codes as well as the requirements of Local Government Authorities, Water Boards, etc.

Substantive registration

Substantive registration must, except in the situation of postponement or refusal, be granted within one month after the notice is lodged with NSW Fair Trading.

When granted, substantive registration takes effect from the date the notice was lodged.

However, NSW Fair Trading may, within one month after the notice was lodged, postpone or refuse the granting of substantive registration. Grounds for refusal or postponement include:

• any of the statements in the notification lodged with the Department being materially false or misleading
• any documentation or information demonstrating the existing registration is not provided or is materially false or misleading
• failure to obtain insurance under the Home Building Compensation Fund or seek exemption from Home Building Compensation Fund insurance requirements (Building work categories only)
• the occupation in which registration is sought is not an equivalent occupation.

NSW Fair Trading may also seek particulars from the applicant regarding any matters that make up the notice for registration. Where such information is required, NSW Fair Trading considers that the applicant is being provided an opportunity to amend the notice after lodgement.

If NSW Fair Trading does not grant, postpones or refuses the substantive registration within the period of one month after the notice is lodged, the person is entitled to substantive registration immediately at the end of that period and no objection may be taken to the notice on any of the groups on which refusal or postponement may be affected except where fraud is involved.

NSW Fair Trading will give written notice of its decision to grant, postpone or refuse substantive registration. In the case of postponement or refusal, the department will advise of its finding on any material questions of fact, refer to the material on which the findings were based and state the reasons for its decisions.

Lodgement

Lodge your completed notification form and the required fee at a Service NSW or Government Access Centre. Please ensure you take the following:

• Original or certified copies of registration in any other Australian state or territory or New Zealand
• Proof of identity
• Certificate of eligibility for insurance under the Home Building Compensation (if applicable).

If you are having difficulty submitting this application contact NSW Fair Trading on 13 32 20.

The Trans-Tasman Mutual Recognition Arrangement, a non-treaty arrangement between Australian governments and the Government of New Zealand, operates under similar principles to MR where New Zealand licence holders are able to apply for recognition of their existing licence in Australia. The arrangement also enables Australian licence holders to have their licence recognised for regulated work in New Zealand.

Subscribe to the Foundations e-newsletter for the home building industry to stay up-to-date on how you can work across border and other matters.

07-07-2022

Buying products & services 28 July, 2022

A liquidator has been appointed to Youpla Group companies operating three funeral funds.

Housing & Property 19 July, 2022

Mascot Towers, 1-5 Bourke St, Mascot – Information for owner-investors

Housing & Property 26 May, 2022

NSW Fair Trading is aware of media reports relating to Metricon Homes Pty Ltd. Concerned consumers are encouraged to contact Metricon's customer care team.

I have outlined two education pathways- one for the real estate salesperson (also known as a registration certificate or certificate of registration) and the full real estate agent license.

Keep in mind that this certificate of registration is for both property sales and property management. It allows you to work in a real estate agency but you cannot conduct auctions, operate trust accounts or run/own or manage an agency.

The following information has been taken from the Office of Fair Tradings website: https://www.qld.gov.au/law/laws-regulated-industries-and-accountability/queensland-laws-and-regulations/regulated-industries-and-licensing/regulated-industries-licensing-and-legislation/property-industry-regulation/get-a-property-industry-licence-or-registration/real-estate-agent-licence-or-registration/register-as-a-real-estate-salesperson

You must register to work as a salesperson for a real estate agent. You must meet all criteria before we can issue a certificate of registration.

To be eligible for a real estate salesperson certificate, you must:

• be 18 or older
• pass the required training courses.

You are not suitable to hold a real estate salesperson registration if you:

• are currently disqualified from holding a licence or registration certificate
• have been convicted of a serious offence within the past 5 years.

If you are not an Australian citizen or permanent resident, you need to:

• give us a certified copy of your passport
• have a visa that allows you to work in Australia.

When you lodge the form, you will need to attach formal identification. These documents must be original or certified copies.

Your identification must be a certified copy of any of the following documents:

• Birth certificate or extract
• Driver licence
• Passport
• Citizenship certificate

You will need to pay certain fees when you lodge your application.

You must pass these training subjects from a recognised provider. The only exception is if you’ve held an equivalent certificate within the past 2 years.

You must have successfully completed or been assessed as competent in the required subjects. These subjects are taken from the following industry-recognised training package:

• Property Services training package (CPP07)

or

• Certificate IV in Real Estate Practice (CPP41419).

REAL ESTATE LICENCE ELIGIBILITY

The full real estate agent license allows you to operate trust accounts and run/own/ manage a real estate agency. It does not allow you to conduct auctions.

The following information has been taken from the Office of Fair Tradings website: https://www.qld.gov.au/law/laws-regulated-industries-and-accountability/queensland-laws-and-regulations/regulated-industries-and-licensing/regulated-industries-licensing-and-legislation/property-industry-regulation/get-a-property-industry-licence-or-registration/real-estate-agent-licence-or-registration/apply-for-a-real-estate-agent-licence

You must have a valid licence to work as a real estate agent. If you don’t have a licence, you must apply for one.

To be eligible for a real estate agent licence, you must:

• be 18 years or over
• pass the required training courses.

You are not suitable to hold a real estate agent licence if you:

• are an insolvent under administration
• are currently disqualified from holding a licence or registration certificate.
• have been convicted within the past 5 years of a serious offence .

If you are not an Australian citizen or permanent resident, you need to:

• give us a certified copy of your passport
• have a visa that allows you to work in Australia.

When you lodge the form, you will need to attach formal identification. These documents must be original or certified copies.

Your identification must be a certified copy of any of the following documents:

• Birth certificate or extract
• Driver’s licence
• Passport
• Citizenship certificate

You must pass these training subjects from a recognised provider in order to apply for a licence. The only exception is if you’ve held an equivalent licence within the past 2 years.

You must have successfully completed or been assessed as competent in the required subjects. These subjects are taken following industry-recognised training package:

• Property Services training package (CPP07)

or

• Certificate IV in Real Estate Practice (CPP41419) 

and

• Diploma of Property (Agency Management) (CPP51119).

This blog post is provided as general information only.The information contained was current at the time of publication.

The information from the Office of Fair Trading can change and we do our best to update our website as often as possible.

I have 30+ years of industry experience and I’ve been teaching and assessing real estate for 12+ years now. My goal is to find out what I can do to advance the business of all my clients.