Legislation and Interpreting Legislation


PROJECT 1 – Legislation and Interpreting Legislation

In this section students will demonstrate their skills and knowledge in relation to: –

• Identifying and explaining common problems with interpreting legislation and consequences for misinterpreting legislation

• Using guidance material to support interpretation of legislation

• Identifying and analysing legislation relevant to real estate activities

• Explaining the role of regulators in relation to legislation


You will need to research information with your responses for each task. You should use a variety of sources to gather information including training resources, workplace policies and procedures, legislation websites and government and industry bodies.

a. Interpreting Legislation and consequences of misinterpretation

i. Briefly describe the legislative framework that exists in Australia with regard to making laws.

ii. What are the main sources of law and give a brief explanation of each?

iii. What are the key components of legislation?

iv. Set out the main structure of legislation

v. When sourcing and reading legislation you should be aware of the interrelationship between Acts, common law and also between different legal jurisdictions. From your research explain what prevails when: –

• There is a conflict between Commonwealth (federal) legislation and State legislation

• There is a conflict between legislation and common law.

vi. Identify and explain the most common problems that can arise when interpreting legislation. In your answer detail how you would resolve the problems of interpretation?

b. Guidance Information to interpret legislation

What guidance information is available to help you interpret legislation? In your answer set out the Judicial Statutory Rules.

c. Identify and Analyse Legislation relevant to real estate in NSW

i. List at least five (5) Acts that are directly relevant to real estate activities in NSW.

ii. From the list below name the main legislation that govern the following areas: You must give the name of the Act and its year and whether it is state or federal legislation.

a) Real estate agents: licensing and conduct

b) Property sales and management

c) Leasing residential property

d) Privacy

e) Fair trading and consumer protection

f) Anti-discrimination and equal employment

g) Work health and safety/occupational health and safety

h) Environmental (sustainability)

i) Employment and industrial relations

j) Planning and zoning

k) Foreign investment

l) Secret commission

iii. You are to access and analyse two pieces of legislation from the list below, and to provide a report that addresses all the points that are asked to be covered.

The legislation you can choose from is:-

• Property and Stock Agents Act 2002

• Residential Tenancies Act 2010

• Workplace, Heath and Safety Act 2011

• Competition and Consumer Act 2010

• Work, Health and Safety Act 2011

For each report you must cover the following:-

• From where did you source the legislation (if internet give the name of the internet site)?

• Explain in full for each Act how you established that the legislation you accessed was current. Give the date of the last adjustment and the date and time you accessed the legislation.

• Give the full title of the legislation including the year of enactment, the commencement date and number of the Act (if applicable)

• A summary of the key purpose of each Act

• Set out the structure and key components of each Act. What are all the parts in the Act (part number and title) and also what is the total number of sections contained in the Act.

• Detail two breaches that the Act identifies and the penalty for each breach. If the penalty is shown as points then the number of the points and then calculate their value.

• If the Act has an accompanying Regulation, the name of the Regulation and its commencement date

iv. Explain the relationship between codes of practice and codes of conduct.

d. Role of Regulators in relation to legislation.

In your own words explain the role of the following government regulators in relation to legislation that affects real estate day to day operations:

• NSW Fair Trading

• Australian Competition and Consumer Commission

• Privacy Commissioner

• SafeWork NSW

• NCAT – Consumer and Commercial Division

Legislation and Legislative Interpretation


PROJECT 1 – Legislation and Legislative Interpretation

Students will demonstrate their abilities and knowledge in this area in respect to: –

• Identifying and discussing frequent issues with reading legislation, as well as the repercussions of doing so incorrectly.

• Using guidance materials to assist in the interpretation of laws

• Identifying and analyzing legislation that pertains to real estate transactions.

• Defining the role of regulators in the context of legislation


Each activity will require you to conduct research in order to complete it. To obtain information, you should consult a number of sources, including training materials, workplace policies and procedures, legislative websites, and government and industry groups.

a. Legislative Interpretation and the Consequences of Misinterpretation

i. Describe the legislative structure in Australia for drafting laws in a few senten