NORFOLK ISLAND Auctioneers Act 1926 No. 1, 1926 Compilation No. 1 Compilation date: 13 August 2019 Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048) NORFOLK ISLAND AUCTIONEERS ACT 1926 ________ TABLE OF PROVISIONS 1. Short title 2. Definitions 3. Auctioneers to be licensed 4. Notice of intention to apply for licence 5. Notice to be published by Clerk 6. Consideration of application 7. Adjournments 8. Hearing to be in open Court 9. Objections 10. Discretion of Court to grant or refuse applications 11. Certificate to approved applicant 12. Issue of licence 13. Certificate to be lodged within 6 weeks after issue 14. Name and address of licensed auctioneer to be notified to Administrator 15. Issue of licence to be published 16. Duration of licence 17. Approved fee for general licence 18. Temporary licence to clerk or deputy of licensed auctioneer 19. Persons to whom Act does not apply Schedule NORFOLK ISLAND Auctioneers Act 1926 An Act relating to auctioneers. Short title 1. This Act may be cited as the Auctioneers Act 1926. Definitions 2. In this Act, unless the contrary intention appears — "Clerk" means the Clerk of the Court of Petty Sessions; "Court" means the Court of Petty Sessions; "licence" means an auctioneer's licence issued under this Act; "sale by auction" has a meaning corresponding to "sell by auction"; "sell by auction" means sell any property by outcry, knocking down of hammer, candle, lot, parcel, instrument, machine or any other mode whereby the highest or the lowest bidder is the purchaser, or whereby the first person who claims the property submitted for sale at a certain price named by the person acting as auctioneer is the purchaser, or whereby there is a competition for the purchase of any property in any way commonly known and understood to be by way of auction. Auctioneers to be licensed 3. Subject to this Act, no person shall, in any part of the Territory, sell, or offer for sale, by auction, any property, unless he holds a licence under this Act. Penalty: Not less than 2 penalty units and not more than 6 penalty units. Notice of intention to apply for licence 4. Any person who desires to obtain a licence may, on or before the second Tuesday in any month, give to the Clerk a notice, in accordance with Form A in the Schedule, of his intention to apply for the licence. Notice to be published by Clerk 5. The Clerk shall cause a copy of a notice given under section 4 to be published in the Gazette at least 14 days before the day on which the Court will sit to hear the application to which it relates. Consideration of application 6. The Court shall consider and determine the application at a sitting to be held on the first Tuesday of the month following the giving of the notice. Adjournments 7. The Court, or, in the absence of the Court, the Clerk, may adjourn the consideration and determination of the application to such day as the Court or the Clerk, as the case may be, thinks fit, but so that no such adjournments shall exceed in the aggregate one month from the day first appointed for the consideration of the application. Hearing to be in open Court 8. The hearing or adjourned hearing of the application shall be held in open Court. Objections 9. (1) At the hearing or adjourned hearing of the application any person may object to the granting of the application. (2) The Court shall inquire into any such objections and for that purpose may summon and examine on oath such witnesses as it thinks necessary. Discretion of Court to grant or refuse applications 10. The Court shall either grant or refuse the application as in its discretion it deems fit and proper. Certificate to approved applicant 11. Where the Court grants the application the Magistrate constituting the Court shall issue to the applicant a certificate, in accordance with Form B in the Schedule, authorising the issue of a licence to the applicant. Issue of licence 12. Upon the person to whom a certificate is granted under section 11 lodging the certificate with the Clerk, the Clerk shall, upon payment of the approved fee, issue to that person, and register in his office, a licence in accordance with Form C in the Schedule. Certificate to be lodged within 6 weeks after issue 13. If any person to whom a certificate is granted under section 11 fails to lodge the certificate and the approved fee for the licence with the Clerk within 6 weeks after the issue of the certificate, the certificate shall be null and void. Name and address of licensed auctioneer to be notified to Administrator 14. The Clerk shall within 14 days after the issue of a licence forward to the Minister the name and address of the person to whom the licence has been issued. Issue of licence to be published 15. The Minister shall cause to be published in the Gazette the name and address of the person to whom the licence has been issued. Duration of licence 16. A licence shall be in force from the date of its issue until 1 January next. Approved fee for general licence 17. The approved fee is payable for the issue of a general licence. Temporary licence to clerk or deputy of licensed auctioneer 18. (1) A Magistrate, on the written application of the holder of a licence and on payment of the approved fee, may, if he is satisfied that the holder of the licence is unable from illness or other good cause to act as auctioneer, grant to the holder of the licence a temporary licence to sell by auction by his clerk or deputy. (2) The clerk or deputy shall thereupon at the place and on the day specified in the temporary licence be authorised to act as an auctioneer on behalf of the holder of the licence. (3) A temporary licence shall be in accordance with Form D in the Schedule. (5) The holder of a licence shall not in any year be granted more than 6 temporary licences. (6) The holder of a licence shall be personally liable and responsible for all acts and defaults of any clerk or deputy acting on his behalf by virtue of a temporary licence in the same manner and to the same extent as he would be liable and responsible if he had done the act or made the default. (7) During any day on which the temporary licence is in force, the licence granted to the auctioneer shall be suspended. Persons to whom Act does not apply 19. Notwithstanding anything contained in this Act, any officer of the Court may, without holding a licence, sell by auction any property taken by him in execution by virtue of process issued from the Court, and any officer of the Territory who is authorised or required by any law in force in the Territory to sell any property by auction, may do so without holding a licence. SCHEDULE Form A Section 4 TERRITORY OF NORFOLK ISLAND Auctioneers Act 1926 NOTICE OF APPLICATION FOR AUCTIONEER'S LICENCE To the Clerk of the Court of Petty Sessions. I, , of , hereby give notice that it is my intention to apply at the next sittings of the above‑named Court, to be held on the first Tuesday of next month, for an Auctioneer's Licence. Dated this day of 20 . Signature of Applicant ________ Form B Section 11 TERRITORY OF NORFOLK ISLAND Auctioneers Act 1926 CERTIFICATE TO AUTHORISE THE ISSUE OF A LICENCE At the sittings (or adjourned sittings) of the Court of Petty Sessions held at on the day of 20 , the said Court granted the application of of for , and I , the Magistrate constituting the said Court, hereby authorise the issue to the said of an Auctioneer's Licence for the year ending 31 December 20 . Dated this day of 20 . Signature of Magistrate ________ Form C Section 12 TERRITORY OF NORFOLK ISLAND Auctioneers Act 1926 AUCTIONEER'S LICENCE A.B., of , is hereby licensed to act as an Auctioneer in the Territory of Norfolk Island. This licence shall continue in force until 1 January next. Dated this day of 20 . Signature of Clerk ________ Form D Section 18 TERRITORY OF NORFOLK ISLAND Auctioneers Act 1926 AUCTIONEER'S TEMPORARY LICENCE Whereas of , is the holder of an auctioneer's licence, and is desirous of selling by auction by his clerk or deputy on the day of next at : Now therefore I do hereby certify that the said is authorised to act as an auctioneer by his clerk or deputy on the said day of next at aforesaid. Signature of Magistrate NOTES The Auctioneers Act 1926 as shown in this consolidation comprises Act No. 1 of 1926 and amendments as indicated in the Tables below. Enactment Number and year Date of commencement Application saving or transitional provision Auctioneers Act 1926 1, 1926 4.2.26 Administration Act 1936 14, 1936 16.12.36 4 Auctioneers Act 1954 2, 1954 6.4.54 Amendments Incorporation Act 1963 2, 1963 28.3.63 Ordinances Revision Act 1964 6, 1964 30.6.64 Fees Act 1976 3, 1976 31.5.76 Ordinances Citation Act 1976 11, 1976 25.11.76 Ordinances Revision (Decimal Currency) Act 1980 31, 1980 15.1.81 Statute Law Revision (Penalties and Fees) Act 1984 9, 1985 13.5.85 4 Statute Law Revision (Self‑Government) Act 1991 8, 1991 1.7.91 Statute Amendment (Fees) (No. 2) Act 1999 17, 1999 17.7.00 [previously consolidated as at 4 April 2002] Interpretation (Amendment) Act 2012 14, 2012 28.12.12 [to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member] ________ Ordinance Registration Commencement Application, saving and transitional provisions Norfolk Island Continued Laws Amendment Ordinance 2015 17 June 2015 (F2015L00835) 18 June 2015 (s 2(1) item 1) Sch 1 (items 344, 345, 391–396) (No. 2, 2015) (now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491)) as amended by Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 12 Aug 2019 (F2019L01048) Sch 1 (item 13): 13 Aug 2019 (s 2(1) item 1) — Table of Amendments ad = added or inserted am = amended rep = repealed rs = repealed and substituted Provisions affected How affected 1 am 2, 1963; 3, 1976; 11, 1976 2 am 14, 1936; 6, 1964 3 am 31, 1980; 9, 1985 4, 5, 7 am 6, 1964 11 am 14, 1936; 6, 1964 12 am 6, 1964; Ord No 2, 2015 (as am by F2019L01048) 13 am 6, 1964; Ord No 2, 2015 (as am by F2019L01048) 14, 15 am 6, 1964; 8, 1991; 14, 2012 17 am 2, 1954; 3, 1976; 9, 1985; 17, 1999; 14, 2012 rs Ord No 2, 2015 (as am by F2019L01048) 18 am 2, 1954; 6, 1964; 3, 1976; 9, 1985; Ord No 2, 2015 (as am by F2019L01048) Schedule am 14, 1936; 2, 1954; 6, 1964; 31, 1980; 9, 1985