Auction Sales (Repeal) Act 2001 (Vic)

Auction Sales (Repeal) Act 2001

Act No. 84/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Repeal of Auction Sales Act 1958	2
4.	Amendment to Estate Agents Act 1980	2
5.	Amendment to Forests Act 1958	3
6.	Amendment to Instruments Act 1958	3
7.	New section 144 inserted in Livestock Disease Control Act
1994	4

144.        Saving of records of cattle sales kept under Auction

Sales Act 1958 4

8.	Amendment to Meat Industry Act 1993	4
9.	Amendment to Motor Car Traders Act 1986	5
10.	Amendment to Murray Valley Citrus Marketing Act 1989	5
11.	Amendment to Police Regulation Act 1958	6
12.	Amendment to Second-Hand Dealers and Pawnbrokers Act
1989	6
13.	Amendment to Summary Offences Act 1966	7
14.	Amendment to Transfer of Land Act 1958	7

═══════════════

ENDNOTES 8

i

Victoria

No. 84 of 2001

Auction Sales (Repeal) Act 2001†

[Assented to 11 December 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to repeal the

Auction Sales Act 1958.

2. Commencement

(1) Section 1 and this section come into operation on

the day after the day on which this Act receives

the Royal Assent.

(2) Sections 3(1) and 7 come into operation on

1 January 2002.

Auction Sales (Repeal) Act 2001

s. 3 Act No. 84/2001

(3) Subject to sub-section (4), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does

not come into operation before 1 January 2003, it

comes into operation on that day.

See:

Act No.	3. Repeal of Auction Sales Act 1958
6202/1958.
Reprint No. 3	(1) Section 35 of the Auction Sales Act 1958 is
as at	repealed.
12 February
1998
and	(2) Section 38 of the Auction Sales Act 1958 is
amending	repealed.
Act Nos
46/1998 and	(3) The Auction Sales Act 1958 is repealed.
74/2000.
LawToday: dpc.vic.
gov.au
See:
Act No.	4. Amendment to Estate Agents Act 1980
9428/1980.
Reprint No. 7	In section 13B(2) of the Estate Agents Act 1980,
as at	for paragraph (a) substitute—
13 January
2000	"(a) to the following—
and
amending
Act Nos	(i) any person who sells by auction any
35/2000 and	Crown land or other Crown property
74/2000.
LawToday:	under the authority of the Minister
administering the Crown Land
dpc.vic.
gov.au	(Reserves) Act 1978 or the Minister administering the Planning and Environment Act 1987 or any other competent authority; or

(ii)  any sale of property specially ordered by the Governor in Council; or

(iii)  any sale ordered by the sheriff by virtue of any writ or process issued out of any court; or

Auction Sales (Repeal) Act 2001

Act No. 84/2001 s. 5

(iv)  any sale made by any person acting in obedience to any process issued by any court for the recovery of any fine, penalty, or award or to any other order of a court; or

(v)  any sale made by or under any rule, order or decree of the Supreme Court; or

(vi)  any sale made by or under the authority of any municipal council; or".

See:

5. Amendment to Forests Act 1958 Act No.
6254/1958.

In section 78 of the Forests Act 1958, for sub-	Reprint No. 7
section (5) substitute—	as at 18 February
"(5) Every authorised officer may in the	1999 and
performance of his or her duties—	amending Act Nos
(a) sell by auction any forest produce; and	53/1999, 66/2000,
(b) for the purposes of section 53 of this	69/2000 and 74/2000.

Act submit licences or permits referred	LawToday:
to in that section to public auction.".	dpc.vic.
gov.au See:

6. Amendment to Instruments Act 1958 Act No.
6279/1958.

In section 74 of the Instruments Act 1958, for "a	Reprint No. 9
licensed auctioneer" substitute "an auctioneer".	as at 19 February
1998 and
amending
Act No.
52/1998.
LawToday:
dpc.vic. gov.au

Auction Sales (Repeal) Act 2001

s. 7	Act No. 84/2001
See:	7. New section 144 inserted in Livestock Disease Control
Act No.
115/1994.	Act 1994
Reprint No. 3
as at	After section 143 of the Livestock Disease
13 January	Control Act 1994 insert—
2000
and	"144. Saving of records of cattle sales kept under
amending
Act Nos	Auction Sales Act 1958
6/2000,
37/2000,	(1) This section applies to a person who—
74/2000 and
79/2000.	(a) was a licensed auctioneer immediately
LawToday:
before 1 January 2002; and
dpc.vic.
gov.au	(b) is a person to whom section 94A(1) or

(2) applies.

(2) Subject to any regulations made for the

purposes of section 94A or this section, a person to whom this section applies who kept a registry or book of cattle sales under
section 35 of the Auction Sales Act 1958
immediately before its repeal must keep that
registry or book available for inspection
under this Act and for that purpose section
94A applies as if that registry or book were a
record required to be kept under that

section."

See:

Act No.	8. Amendment to Meat Industry Act 1993
40/1993.
Reprint No. 2	In section 5 of the Meat Industry Act 1993, sub-
as at	section (7) is repealed.
1 January
1999.
LawToday: dpc.vic.
gov.au

Auction Sales (Repeal) Act 2001

Act No. 84/2001 s. 9

9. Amendment to Motor Car Traders Act 1986 See:
Act No.

(1) In section 3(1) of the Motor Car Traders Act 104/1986.
Reprint No. 4

1986, the definition of "licensed auctioneer" is	as at
repealed.	1 September 1999

(2) In section 42A of the Motor Car Traders Act and
amending

1986, for sub-section (3) substitute—	Act No. 35/2000.
"(3) This section does not apply to a motor car	LawToday:
that is sold by auction at a public auction by	dpc.vic.
a person acting on behalf of the owner of the	gov.au
car.".

(3) In section 54 of the Motor Car Traders Act

1986, for sub-section (7) substitute—
"(7) This section does not apply to a motor car

that is sold by auction at a public auction by a person acting on behalf of the owner of the car.".

See:

10. Amendment to Murray Valley Citrus Marketing Act Act No.

1989 63/1989.
Reprint No. 1

In section 33 of the Murray Valley Citrus	as at 26 September
Marketing Act 1989, sub-section (4) is repealed.	1996 and
amending Act Nos
93/1997, 46/1998,
76/1998, 53/1999 and
74/2000. LawToday:
dpc.vic.
gov.au

Auction Sales (Repeal) Act 2001

s. 11	Act No. 84/2001
See:	11. Amendment to Police Regulation Act 1958
Act No.
6338/1958.	In section 122 of the Police Regulation Act 1958,
Reprint No. 8
as at	sub-section (9) is repealed.
15 October
1998
and amending Act Nos 30/1999, 61/1999 and 95/2000. LawToday: dpc.vic. gov.au
See:
Act No.	12. Amendment to Second-Hand Dealers and
54/1989.	Pawnbrokers Act 1989
Reprint No. 4
as at	(1) In section 3(1) of the Second-Hand Dealers and
10 February

2000   Pawnbrokers Act 1989, insert the following

and	definition—
amending
Act No.	"auctioneer" means any person—
35/2000.
LawToday:
(a) who sells or attempts to sell or offer for
dpc.vic.	sale or resale any goods by way of
gov.au	auction; or

(b) who acquires any goods for sale by auction.

(2) In section 4 of the Second-Hand Dealers and

Pawnbrokers Act 1989, for paragraph (a)
substitute—

"(a) an auctioneer acting in his or her capacity as

auctioneer; or

(aa) any goods acquired by an auctioneer for the purpose of auction for so long as they are in his or her possession in his or her capacity as

auctioneer; or".

Auction Sales (Repeal) Act 2001

Act No. 84/2001 s. 13

13. Amendment to Summary Offences Act 1966 See:
Act No.

In section 29 of the Summary Offences Act	7405/1966. Reprint No. 7
1966, for sub-section (5) substitute—	as at 6 August 1998
"(5) In this section "vendor" includes the	and
auctioneer or other agent of the vendor.".	amending Act Nos
44/1999, and
74/2000.
LawToday:
dpc.vic.
gov.au See:

14. Amendment to Transfer of Land Act 1958 Act No.
6399/1958.

In section 79(2)(c) of the Transfer of Land Act	Reprint No. 13
1958, omit "by a licensed auctioneer".	as at 26 August
1999
and
amending
Act No. 74/2000.
LawToday:
dpc.vic. gov.au

═══════════════
Auction Sales (Repeal) Act 2001

Endnotes Act No. 84/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 5 April 2001

Legislative Council: 4 December 2001

The long title for the Bill for this Act was "to repeal the Auction Sales
Act 1958 and for other purposes."