[no bill text published] NSW Establishment and Management Rules for the Property Services Council

Property Services Council Bill 2023

Private Member's Bill

28 Jun 2023: This bill was voted against and will not be discussed further (Defeated).

Legislative Council

Legislative Assembly

Assent

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Topics

land management professional standards property services real estate regulation

Introduced by: Mark Banasiak MLC (SFFP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

The Property Services Council is created as a legal entity.
The Governor appoints a Property Services Commissioner to manage the Council's day-to-day affairs.
The Commissioner holds office for a term of up to 5 years.
The Fair Trading Minister can remove an acting Commissioner; this must be based on a recommendation from the Council.
The Property Services Council can sue in court to recover unpaid fees or debts.
The term 'Secretary' is removed from most parts of the Community Land Management Act 2021.

The Debate

What different members said when this bill was debated:

Courtney Houssos ALP

“The Government opposes the Property Services Council Bill 2023. The bill proposes to fundamentally change the way the property services and strata industry is regulated in New South Wales by creating a new statutory authority, the property services council.”

Official source →

Aileen MacDonald LIB

“The object of the Property Services Council Bill 2023 is to constitute and confer functions on a property services council and for related purposes. The Opposition opposes the bill. As we have heard from the Hon. Mark Banasiak, the bill seeks to establish a property services council that would take over many regulatory functions currently overseen by NSW Fair Trading.”

Official source →

Cate Faehrmann GRN

“On behalf of The Greens I oppose the Property Services Council Bill 2023. It is a fundamental principle that a bill that goes this far in reforming an industry and impacts tens of thousands of businesses should come from the Government. I acknowledge the Hon.”

Official source →

Mark Banasiak SFFP

“Just as I did last week, I preface my speech by saying that these comments do not reflect on the Minister who has carriage of defending the Government’s position on the Property Services Council Bill 2023. I had to check my watch and make sure that we have not shifted in time and gone to Freaky Friday, because there seemed to be some body‑shifting going on.”

Official source →

News articles and press releases

Property Services Council Bill 2023

The Hon. MARK BANASIAK — 2023-05-31

At its heart the bill has two independent although interwoven parts. Firstly, it provides for the creation of the property services council. The council comprises an industry educator, consumer and industry representatives along with the regulator. The council is a forum within which all stakeholders can make a genuine contribution to the betterment of the industry. The council is charged with advising the Minister on matters such as consumer protection, agent education and training, refinements to the regulatory architecture and public information programs. Secondly, the bill establishes the office of the property services commissioner. The commissioner will have deep industry knowledge and will be exclusively focused on the regulatory controls for the property services industry as set out in the Property and Stock Agents Act 2002.