Understanding Legislation: Interpreting and Applying Agency Work

Part A

This task is designed for you to demonstrate your understanding of interpreting legislation to complete agency work. The assignment is made up of two parts, Parts A and B.  You must complete and demonstrate competency in each Part.

Part A – Short paragraphs only are required for each question. You should be guided by the approximate word length given in each question.

Part B – Short paragraphs only are required for each question. You should be guided by the approximate word length given in each question.     

PART A

Question 1 (word length approx 75 – 150 words)

Distinguish between common law and statute. (In your answer, refer to equity law)

Question 2 (word length approx 150– 200 words)

Outline the enactment process (that is, how legislation is passed

Question 3 (word length approx 75 – 150 words)

Briefly explain the main features of an Act.   Please use an Act applicable to the real estate industry in New South Wales to illustrate your answer.

Question 4 (word length approx 75 – 150 words)

Explain the difference between an Act and a Regulation.

Question 5 (word length approx 75 – 150 words)

When does an Act commence (that is, come into force as law)? 

How can you find out whether an Act has commenced? Briefly explain referring to the applicable statutory provision(s) in your answer.

Question 6 (word length approx 150 - 200 words)

1. Identify and briefly outline three types of incidents that lead to changes in legislation. 

2. Identify and briefly one area of legislation, applicable to the real estate industry in New South Wales, which is currently subject to change (whether or not a Bill has been presented).

Question 7 (word length approx 100 – 150 words)

Outline a system you could use for keeping up to date with changes and amendments to the law regulating property agencies.

Note: if you currently work in a real estate or other property agency, you may base your answer on the system utilised by your firm

Question 8 (word length approx 200 - 300 words)

a) Explain the effect of Ss 33 and 36 of the Interpretation Act, 1987 (NSW)

b) Outline 3 rules of statutory interpretation (other than those referred to above).

Question 9 (word length approx 250 - 300 words)

a. Many industries now have Codes (or Rules) of Conduct. What is an industry Code of Conduct? Briefly explain. 

b. The Property Stock & Business Agents Act, 2002 prescribes Rules of conduct for licensees.  Where are these Rules located?  (Note: you may be able to download these from the NSW Fair Trading, but the question is asking where these Rules are located in legislation). 

c. Are these Rules of conduct law – that is, are they legally enforceable? Briefly explain.

d. Outline the penalties for non-compliance with the Rules of conduct.

Question 10 (word length approx 250 - 300 words)

Identify and briefly outline strategies for incorporating the Rules of conduct and other standards of ethical behaviour into the daily work practices of a property agency.

Note: if you currently work in a real estate or other property agency, you may base your answer on the system utilised by your firm

End of Part A

PART B

Practical exercise

Question 1 (word length approx 100- 150 words)

Explain how you can locate and download (Commonwealth and State) legislation applicable to the real estate industry in New South Wales, on-line.