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Auction Sales (Repeal) Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
The Bill repeals the Auction Sales Act 1958 and makes a number of
consequential amendments to other Acts as detailed below.
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 provides that the Act will come into operation on 1 January 2002.
Clause 3 repeals the Auction Sales Act 1958.
Clause 4 substitutes section 13B(2)(a) of the Estate Agents Act 1980 to
specifically set out the categories of statutory officers who are
exempt from the requirement to be licensed as real estate agents
under that Act. These categories are currently exempted in
section 13B(2)(a) by reference to section 3(2) of the Auction
Sales Act 1958.
Clause 5 substitutes section 78(5) of the Forests Act 1958 for the purpose
of deleting the reference to the requirement to obtain an
auctioneer's licence under the Auction Sales Act 1958.
Clause 6 amends section 74 of the Instruments Act 1958 by substituting
"an auctioneer" for "a licensed auctioneer".
Clause 7 inserts a new section 144 into the Livestock Disease Control
Act 1994 which saves the records of cattle sales kept under
section 35 of the Auction Sales Act 1958 as if they were kept
under section 94A of the Livestock Disease Control Act 1994.
Clause 8 repeals section 5(7) of the Meat Industry Act 1993 which refers
to the Auction Sales Act 1958.
541170 BILL LA CIRCULATION 6/4/2001
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Clause 9 repeals the definition of "licensed auctioneer" in section 3(1) of
the Motor Car Traders Act 1986. It also amends sections
42A(3) and 54(7) of the Motor Car Traders Act 1986 to refer
to a "person auctioning a motor car" rather than a "licensed
auctioneer".
Clause 10 repeals section 33(4) of the Murray Valley Citrus Marketing
Act 1989 which refers to the Auction Sales Act 1958 and to the
repealed Farm Produce Merchants and Commission Agents
Act 1965.
Clause 11 repeals section 122(9) of the Police Regulation Act 1958 which
refers to the Auction Sales Act 1958.
Clause 12 inserts a definition of "auctioneer" into section 3(1) of the
Second-Hand Dealers and Pawnbrokers Act 1989 to mean
"any person who sells or attempts to sell or offer for sale or
resale any goods by way of auction or who acquires any goods
for sale by auction". It also amends section 4 of the Second-
Hand Dealers and Pawnbrokers Act 1989 by substituting
paragraph (a) with new paragraphs (a) and (aa) which exempt
from that Act an auctioneer acting in his or her capacity as
auctioneer and any goods acquired by an auctioneer for the
purposes of auction for so long as they are in his or her
possession in his or her capacity as auctioneer.
Clause 13 amends section 29(5) of the Summary Offences Act 1966 by
removing the reference to the Auction Sales Act 1958.
Clause 14 amends section 79(2)(c) of the Transfer of Land Act 1958 by
deleting the words "by a licensed auctioneer".
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