interpret legislation in real estate

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CPPREP4003 – Access and interpret legislation in real estate (Release 1)
Assessment Questions
RTO 32426
What you need to do:
Answer the questions below by writing in the space provided.
You are required to answer all questions correctly. If correct, you will see ‘competent’ written in your grades section next to the assessment name. If incorrect, you will see ‘not yet competent’ and receive feedback in your grades section and you will be required to resubmit your work.
What you will need:
Use the material provided in your learners guides and additional resources section as well as research materials such as books, internet, magazines, workplace documentation etc. Remember that the assessment is completely self-paced and open book, so you are able to use whatever resources you have to answer the questions.
What you need to submit:
Your answers to these questions.
Short Answer Questions
Question 1
Identify and explain 2 common problems people have when trying to interpret legislation.

Question 2
Name 2 consequences that could occur if a real estate employee misinterpreted legislation.

Question 3
Reading Acts, Regulations and other laws requires an understanding of the structure of Australian Government legislation. Give a brief explanation of the following area/headings found when Reading Acts, regulations and other laws.
Long Title
Short Title
Commencement
Application
Contents
Definition
Headings

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Question 4
Identify and list the names of Commonwealth legislation, and legislation of your state or territory that relate to the following aspects of operating a real estate agency;
anti-discrimination and equal employment opportunity
Planning and Zoning
employment and industrial relations
consumer protection, fair trading and trade practices
foreign investment
environment and sustainability
financial services, financial probity and taxation
franchises and business structure
property management including leases and tenancy agreements
property sales and auctions
Occupational Health and Safety
privacy
property sales, leasing and management
secret commission
Real estate licencing

Question 5
Explain the legal framework in Australia relevant to real estate in NSW.
Statute law
Common law
Contract law
Equity law

Question 6
Explain the following main components of legislation
Acts
Regulations
Amendments
Mandatory codes of conduct
Schedules
Appendices

Question 7
What resources are available to you to assist you in interpreting legislation? Include in your answer sources of specialist advice, source documents and government and industry bodies.

Question 8
Explain the following statutory interpretation rules:
Literal rule

Mischief rule

Golden rule

Purposive approach

express mention of one thing to the exclusion of another

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Question 9
List (3) websites where you can access information on Commonwealth and/or state legislation.

Question 10
Identify and list the names and websites of (2) bodies that provide support and guidance for estate agency personnel.

Question 11
Identify a change to legislation that is relevant to real estate operations and list the following information;
The name of the Act or Regulation you have researched
Name the amending legislation
Summarise the changes/amendments and the date which they became effective.

Question 12
Outline how you could track changes and amendments to legislation to ensure you are staying up-to-date.

Question 13
Explain the role that regulators have in relation to legislation.

Question 14
What is the responsibility of real estate personnel to access, read, interpret and apply legislation to their real estate activity?

Question 15
Explain the interrelationship between various pieces of relevant legislation.

Question 16
Provide an explanation of “internal aids” and “external aids” in interpreting legislation.
List 3 internal aids to interpret legislation
List 3 external aids to interpret legislation

Question 17
Explain the application of the following language conventions and expressions.
And/or

Gender

17.3 Hierarchy

17.4 Includes

17.5 May

17.6 should

17.7 must

Learner Declaration
Complete ALL sections including your legal name and contact details.
Indicate Y for Yes or N for No
I submit this assessment and certify that:
All work submitted has been completed by me

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No part has been completed or copied from any other person

I have referenced and/or acknowledged all necessary authors

I have kept a copy of my assessments

Where necessary, I have attached supporting documents which are clearly identified in line with the specific question

Where required, I have completed any agreements, forms and documents required for this assessment. I understand that partial completion will not be accepted

I understand that federal and state agencies have the right to access any of my assessment materials for auditing and monitoring purposes

I consent that REAA may use my de-identified assessment for internal moderation and validation purposes

I understand that if a third party requests my results that REAA will only do so with my written permission

Learner Legal Name (print)

Unique Student Identifier

Contact Number

Home Address

Learner Signature

Date

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