There is a range of regulations and legislation that may apply to real estate, including property sales and management in Australia.
Legislation is a law that has been made and enacted by a legislature, such as a parliament.
There are many laws that apply to real estate practice. Keep in mind this list does not cover all the legislation that affects real estate practice, but is a summary of what agents could consider most important.
Legislation often gets updated and changed.
This list of legislation was current at the time of publication. Last updated May 2023.
Queensland
Acts
- Property Occupations Act 2014
- Agents Financial Administration Act 2014
- Queensland Civil and Administration Tribunal Act 2009
- Residential Tenancies and Rooming Act 2008
- Retail Shop Leases Act 1994
Regulations
- Property Law Regulation 2013
- Property Occupations Regulation 2014
- Residential Tenancies and Rooming Accommodation Regulation 2009
- Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020
- Retail Shop Leases Regulation 2016
For more information on QLD Acts and Regulations, go to www.legislation.qld.gov.au
New South Wales
Acts
Regulations
For more information on NSW Acts and Regulations, go to www.legislation.nsw.gov.au
Australian Capital Territory
Acts
Regulations
- Agents Regulation 2003
- Agents (Transitional Provisions) Regulation 2022
- Residential Tenancies Regulation 1998
For more information on Acts and Regulations in the Australian Capital Territory, go to www.legislation.act.gov.au
Victoria
Acts
- Estate Agents Act 1980
- Residential Tenancies Act 1997
- Retail Leases Act 2003
- Sale of Land Act 1962
- Victorian Civil & Administrative Tribunal Act 1998
Regulations
- Estate Agents (Professional Conduct) Regulations 2018 No. 49
- Estate Agents (General, Accounts and Audit) Regulations 2018 No. 48
- Estate Agents (Exemption) Regulations 2014 No. 189
- Estate Agents (Retirement Villages) Regulations 2016 No. 86
- Estate Agents (Fees) Regulations 2018 No. 82
- Estate Agents (Education) Regulations 2020 No. 114
- Sale of Land (Exemption) Regulations 2020 No. 13
- Sale of Land (Infringements) Regulations 2014 No. 115
- Sale of Land (Public Auctions) Regulations 2014 No. 73
- Residential Tenancies Regulations 2021
For more information on Victorian Acts and Regulations, go to www.legislation.vic.gov.au
South Australia
Acts
- Land Agents Act 1994
- Real Property Act 1886
- Residential Tenancies Act 1995
- Landlord and Tenant Act 1936
- Land and Business (Sale and Conveyancing) Act 1994
Regulations
For more information on Acts and Regulations in South Australia, go to www.legislation.sa.gov.au
Western Australia
Acts
Regulations
For more information on Acts and Regulations in Western Australia, go to www.legislation.wa.gov.au
Northern Territory
Acts
- Law of Property Act 2000
- Agents Licensing Act 1979
- Residential Tenancies Act 1999
- Business Tenancies (Fair Dealings) Act 2003
- Auctioneers Act 1935
Regulations
For more information on Acts and Regulations in Northern Territory, go to legislation.nt.gov.au
Tasmania
Acts
- Property Agents and Land Transactions Act 2016
- Property Agents and Land Transactions Amendment Act 2020
- Residential Tenancy Act 1997
Regulations
- Property Agents and Land Transactions Amendment Regulations 2022
- Property Agents and Land Transactions Regulations 2017
For more information on Acts and Regulations in Tasmania, go to www.legislation.tas.gov.au
Students can learn more about real estate legislation and law applicable to real estate practice as part of the Certificate IV in Real Estate Practice course. Specifically, unit CPPREP4003 (Access and interpret legislation in real estate).
All entry-level courses for real estate include this unit as required by the state and territory regulators in Australia.
I often get asked a lot of questions as to how to start learning about real estate or start work in the real estate industry, so I’ve recently updated our real estate courses webpage, which now goes through and explains some of the things to consider before enrolling into a real estate course such as learning about your state or territory regulator and understanding the suitability/eligibility requirements to apply for a real estate licence.
I have also put together career pathways for real estate and estimated average weekly salaries based on government data and my own knowledge.
Finally, I’m always happy to answer any questions you may have about licensing and getting started in real estate. Leave a comment below or book in a time to speak with one of our friendly course advisors.
Thanks for reading, and keep sending your questions through to us!
Until next time 🙂
Rod
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