Industry supports Queensland PAMDA split

Industry supports Queensland PAMDA split

09 May 2013 by Staff Reporter 0 comments

Steven Cross

The division of Queenslands Property Agents and Motor Dealers Act (PAMDA)into two industry-specific acts will benefit Queensland agents, with the  Real Estate Institute of Queensland (REIQ) submitting a list of recommendations for review.

The Queensland state government said that slashing red tape was a priority for the review, which Attorney-General Jarrod Bleijie outlined in draft legislation in February.

“The existing Property Agents and Motor Dealers Act 2000 is a cumbersome law covering more than 23 licence and registration classes across seven industries,” he said.

“Our goal with this review is to deliver positive red tape reduction reforms that support industry growth, but also maintain a high level of protection for consumers.”

Speaking with Real Estate Business, general manager of Harcourts Queensland Dene Tucker said he supported the decision to change the Act.

“It’s absolutely a good idea to separate the two. The first problem is the Act covers a number of different industries and sectors which really don’t assimilate with each other.

“This happens in legislation all over Australia, but not to the extent that this Act does.”

REIQ chairman Pamela Bennett said the industry had been heavily consulted, and has high hopes that the changes will benefit all Queensland agents.

“In our submission, we expressed strong support for the split of the PAMD Act into industry-specific legislation,” Ms Bennett said.

Mr Tucker added that just the act of splitting the legislation into relevant sections would benefit agents.

“Referring to a document as large as [the Act] is would be intimidating to anybody, so I think in that sense alone it will benefit the wider community,” he said.

REIQ has outlined a series of further recommendations for legislative change, aiming to increase the professionalism of the industry, reduce regulatory and administrative burden and simplify processes associated with real estate transactions.

“Multiple appointment PAMD appointment forms [should] be abolished and replaced with a single simplified appointment form containing only ‘key legislative criteria’, Ms Bennett said.

“This would simplify the appointment process and deliver time-saving benefits. It would also ensure agents are not deprived of their right to remuneration and reimbursement on the basis of minor and technical omissions which result in no real consumer detriment.

“Also, appointment processes and procedures should be simplified.

“A seller and landlord disclosure regime should be implemented to establish required disclosures related to the sale and rental of property in Queensland.”

The institute also called for clearer guidelines on existing legislation.

“Auction properties and properties to be sold without a price [need to] be clarified in the new legislation. The REIQ expressed the view that no price guides or price representations should be permissible when marketing and/or promoting residential property that is to be sold by auction or with no price.”

Steven Cross

The division of Queenslands Property Agents and Motor Dealers Act (PAMDA)into two industry-specific acts will benefit Queensland agents, with the  Real Estate Institute of Queensland (REIQ) submitting a list of recommendations for review.

The Queensland state government said that slashing red tape was a priority for the review, which Attorney-General Jarrod Bleijie outlined in draft legislation in February.

“The existing Property Agents and Motor Dealers Act 2000 is a cumbersome law covering more than 23 licence and registration classes across seven industries,” he said.

“Our goal with this review is to deliver positive red tape reduction reforms that support industry growth, but also maintain a high level of protection for consumers.”

Speaking with Real Estate Business, general manager of Harcourts Queensland Dene Tucker said he supported the decision to change the Act.

“It’s absolutely a good idea to separate the two. The first problem is the Act covers a number of different industries and sectors which really don’t assimilate with each other.

“This happens in legislation all over Australia, but not to the extent that this Act does.”

REIQ chairman Pamela Bennett said the industry had been heavily consulted, and has high hopes that the changes will benefit all Queensland agents.

“In our submission, we expressed strong support for the split of the PAMD Act into industry-specific legislation,” Ms Bennett said.

Mr Tucker added that just the act of splitting the legislation into relevant sections would benefit agents.

“Referring to a document as large as [the Act] is would be intimidating to anybody, so I think in that sense alone it will benefit the wider community,” he said.

REIQ has outlined a series of further recommendations for legislative change, aiming to increase the professionalism of the industry, reduce regulatory and administrative burden and simplify processes associated with real estate transactions.

“Multiple appointment PAMD appointment forms [should] be abolished and replaced with a single simplified appointment form containing only ‘key legislative criteria’, Ms Bennett said.

“This would simplify the appointment process and deliver time-saving benefits. It would also ensure agents are not deprived of their right to remuneration and reimbursement on the basis of minor and technical omissions which result in no real consumer detriment.

“Also, appointment processes and procedures should be simplified.

“A seller and landlord disclosure regime should be implemented to establish required disclosures related to the sale and rental of property in Queensland.”

The institute also called for clearer guidelines on existing legislation.

“Auction properties and properties to be sold without a price [need to] be clarified in the new legislation. The REIQ expressed the view that no price guides or price representations should be permissible when marketing and/or promoting residential property that is to be sold by auction or with no price.”

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