Auction Sales Act 1973 (WA)

Western Australia Auction Sales Act 1973 Western Australia Auction Sales Act 1973 Contents 1. Short title 1 2. Commencement 1 4. Terms used in this Act 1 5. Exemptions 3 6. Auctioneers to be licensed 4 7. Kinds of licence 5 8. Licences may be issued for the benefit of a firm or corporation 6 10. Classes of businesses 8 11. Applications 8 13. Occasional licences 10 14. Interim licence 11 15. Provisional licences 12 16. Hearing of applications 13 17. Form of licence 15 18. Duplicate licences 16 19. Duration of general and restricted licences 16 21. Surrender of a licence 17 22. Suspension, cancellation and disqualification 17 23. Advertising 19 24. Misrepresentation 20 25. Mock auctions 20 26. Records to be kept 22 27. Account to be rendered 23 28. Inspection of records 24 29. Bidding by seller or auctioneer or person on their behalf 26 30. Sales of cattle, sheep, pigs or goats 27 31. Splitting of lots of livestock or farm produce 28 32. Sale of livestock 30 33. Liquor 31 34. Savings of other remedies or actions 32 35. Offences 32 36. Enforcement 33 37. Regulations 33 Notes Compilation table 34 Uncommenced provisions table 36 Other notes 36 Defined terms Western Australia Auction Sales Act 1973 An Act to amend and consolidate the law relating to auctioneers and sales by auction, to repeal the Auctioneers Act 1921, and the Sales by Auction Act 1937 1, to prohibit certain practices in relation to sales purporting to be sales by way of auction, and for incidental and other purposes.

1. Short title This Act may be cited as the Auction Sales Act 1973.

2. Commencement This Act or any provisions of the Act shall come into operation on a date or dates to be fixed by proclamation. [3. Omitted under the Reprints Act 1984 s. 7(4)(f).]

4. Terms used in this Act In this Act, unless the context otherwise requires, — auction, sale by auction, sell by way of auction and expressions of a similar character mean the selling of any property of any kind or description whatsoever by outcry, by what is known as dutch auction by knocking down of hammer, lot, parcel, or by any other mode whereby the highest, the lowest, or any 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; auctioneer means any person who sells or attempts to sell or offer for sale or resale any property whether the property of the auctioneer or of any other person by way of auction; cattle means bulls, bullocks, cows, heifers, steers, or calves; corporation means any body corporate, whether formed or incorporated in or outside the State, and includes a company, a foreign company or a registrable Australian body within the meaning of the Corporations Act 2001 of the Commonwealth; farm produce means skins, hides, tallow, cereals, grain, potatoes, onions and other vegetables, edible roots and tubers, tobacco, fruit, hay, chaff, dairy produce, live or dead poultry and game, and eggs, but does not include wool; firm means an unincorporated body of persons (whether consisting of individuals or of corporations or partly of individuals and partly of corporations) registered under the Business Names Registration Act 2011 (Commonwealth); horses means mares, fillies, foals, geldings or colts; livestock includes cattle, sheep, pigs, goats, and horses; mock auction has the meaning given to that term by section 25; money includes an instrument for the payment of money in any case where the instrument may be paid into a bank; money received for or on behalf of any person includes money held for or on behalf of any person, whether originally received for or on his behalf or not; person includes any firm or corporation; police district means an area established as a police district pursuant to the Police Act 1892; property includes any right or interest in any property; sale includes an agreement to sell; section means section of this Act; sheep means ewes, wethers, rams or lambs. [Section 4 amended: No. 10 of 1982 s. 28; No. 10 of 2001 s. 15; No. 6 of 2012 s. 37.]