Auctioneers Act 1935 (NT)
NORTHERN TERRITORY OF AUSTRALIA
AUCTIONEERS ACT 1935
As in force at 11 December 2019
northern territory of australia
As in force at 11 December 2019
AUCTIONEERS ACT 1935
An Act to regulate Sales by Auction
This Act may be cited as the
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In this Act, unless the contrary intention appears:
(1) The Minister may delegate any of the Minister’s powers and functions under this Act to the Chief Executive Officer of the Agency or a public sector employee.
(2) The Board may delegate any of the Board’s powers and functions under this Act to the Chief Executive Officer of the Agency or a public sector employee.
Subject to this Act, a person shall not:
(a) carry on business as an auctioneer unless he holds an auctioneer’s licence; or
(b) sell or offer to sell by auction unless he holds:
(i) an auctioneer’s licence; or
(ii) a clerk’s licence,
which is in force under this Act.
Maximum penalty: 100 penalty units.
(1) A person who is of or over the age of 18 years may, in the approved form, apply to the Board for an auctioneer’s licence.
(2) An application for an auctioneer’s licence must specify:
(i) a licence period of 1 year, 3 years or 5 years; and
(ii) the applicant’s full name and business address; and
(iii) any other matters as approved.
(3) The application must be accompanied by the prescribed fee for the licence period specified in the application.
(4) If the application is refused, the prescribed fee must be refunded to the applicant.
(1) A person who holds an auctioneer’s licence, may, at any time within 14 days before the date upon which the licence will expire, apply in the approved form to the Board for a renewal of that licence.
(2) An application for the renewal of an auctioneer’s licence must specify:
(a) a licence period of 1 year, 3 years or 5 years; and
(b) any other matters as approved.
(3) The application must be accompanied by the prescribed fee for the licence period specified in the application.
(1) Subject to this section, the Board must grant or refuse to grant an auctioneer’s licence or a renewal of an auctioneer’s licence within 28 days of receiving an application.
(2) The Board must not grant an auctioneer’s licence or a renewal of an auctioneer’s licence unless the Board is satisfied:
(a) that the applicant for the licence or renewal:
(i) is of or over the age of 18 years; and
(ii) is a person of good character; and
(iii) is a fit and proper person to hold an auctioneer’s licence; and
(b) that the prescribed fee has been paid.
(3) If the Board refuses to grant an auctioneer’s licence or a renewal of an auctioneer’s licence, the Board must give written notice of the refusal to the applicant.
(1) NTCAT has jurisdiction to review any of the following decisions (a
reviewable decision ):(a) a decision to refuse to grant an auctioneer’s licence;
(b) a decision to refuse to renew an auctioneer’s licence.
(2) An
affected person , for a reviewable decision, is the applicant for the grant or renewal of a licence.Note for section 8 The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to the Tribunal for review and other relevant matters in relation to reviews.
If NTCAT orders that a licence be granted or renewed following the review of a reviewable decision under section 8, the Board must promptly issue the licence to the applicant.
An auctioneer’s licence, unless sooner cancelled or suspended, remains in force:
(a) from the date on which it is granted until the end of the licence period specified in the application for the licence; or
(b) if the licence is renewed – from the date of renewal until the end of the licence period specified in the application for renewal.
A person who holds an auctioneer’s licence may, in the approved form, apply to the Board for the grant of a clerk’s licence to a person employed by the holder of the auctioneer’s licence.
(1) Subject to this section, the Board may grant or refuse to grant a clerk’s licence to a person employed by the holder of an auctioneer’s licence.
(2) The Board must not grant a clerk’s licence unless he is satisfied:
(a) that the person in respect of whom the application is made:
(i) is of or over the age of 18 years; and
(ii) is a person of good character; and
(iii) is a fit and proper person to conduct sales by auction; and
(iv) is employed by the holder of an auctioneer’s licence; and
(b) that the prescribed fee has been paid.
8H Period of clerk's licence A clerk’s licence, unless sooner cancelled or suspended, shall be and continue in force:
(a) until 30 June next ensuing after the day upon which the licence is granted or, where the certificate is granted during the month of June in any year, until 30 June in the following year; or
(b) until the auctioneer’s licence of the person, by whom the holder of the clerk’s licence is employed, is cancelled or suspended,
whichever first occurs.
(1) A person who holds a licence must, within 14 days after a change in a circumstance relevant to the person’s licensing, notify the Registrar of the change.
Maximum penalty: 5 penalty units.
(2) For subsection (1), a circumstance is relevant to the person’s licensing if:
(a) it is a change in the person’s name, address or place of business; or
(b) the person is adjudicated to be a bankrupt.
8HB Applications for disciplinary action or decisions to take disciplinary action (1) The following are grounds for taking disciplinary action against a holder of a licence under this Act:
(a) breach of the Act;
(b) breach of the rules.
(2) The Commissioner of Police may, by written notice lodged with the Registrar, apply for disciplinary action to be taken against the licence holder on one or more of the grounds referred to in subsection (1).
(3) The Registrar may, by written notice, apply for disciplinary action to be taken against the licence holder on one or more of the grounds referred to in subsection (1).
(4) Any other person may, by written notice lodged with the Registrar, apply for disciplinary action to be taken against the licence holder on one or more of the grounds referred to in subsection (1).
(5) When the Registrar receives an application under subsection (2) or (4) or makes an application under subsection (3), the Registrar must report to the Board as soon as practical.
(6) The Board must hold an inquiry into the conduct of a licence holder if:
(a) an application is made under subsection (2), (3) or (4); or
(b) the Board independently considers there may be grounds for disciplinary action to be taken against the licence holder.
(7) The Board may, without holding an inquiry, reject an application for disciplinary action to be taken against a licence holder if:
(a) the application is made by a person mentioned in subsection (4) and, in the opinion of the Board, is of a frivolous, irrelevant or malicious nature; or
(b) the application was made on the grounds mentioned in subsection (1)(b) and the Board is satisfied that the licence holder has a reasonable excuse for breaching the rules; or
(c) the Board is satisfied that there are no grounds for holding, or there is insufficient evidence to hold, an inquiry.
(8) If an application is made for disciplinary action under this section or the Board considers disciplinary action should be taken under this section, the Registrar must, as soon as is reasonably practicable, serve a copy of the application or decision of the Board on the licence holder in respect of whom the application or decision was made.
(1) If the Board holds an inquiry into a licence holder under section 8HB(6), the Board may, if the Board considers it appropriate, suspend the licence holder’s licence until the conclusion of that inquiry.
(2) If the Board suspends a licence under subsection (1), the Registrar must give written notice of the suspension to the licence holder.
(3) A suspension under subsection (1) takes effect on the day immediately after the date on which the notice is given to the licence holder under subsection (2).
After holding an inquiry under section 8HB(6), the Board may, if satisfied that the licence holder has breached the Act or the rules, do one or more of the following:
(a) reprimand or caution the licence holder;
(b) by written notice, cancel or suspend, for an appropriate period, the licence holder’s licence;
(c) by written notice, impose a fine not exceeding 50 penalty units on the licence holder.
Where a person who holds an auctioneer’s licence ceases to carry on business as an auctioneer or dies, or where his auctioneer’s licence has been cancelled, the Board may, on application by the person to whom the auctioneer’s licence was granted or his personal representative and upon delivery of the licence, refund to that person or his personal representative an amount calculated at the rate of one-quarter of the fee for the auctioneer’s licence for each complete period of 3 months of the balance of the term of the licence which was unexpired at the time when the person, to whom the licence was granted, ceased to carry on business or died.
(1) A person is not entitled to receive a licence or renewal of a licence if the person:
(a) is an undischarged bankrupt or is a director or other person concerned in the management of a company that is the subject of a winding up order or for which a controller or administrator has been appointed; or
(b) at any time in the 3 years immediately before the person applied for the licence:
(i) was an undischarged bankrupt; or
(ii) applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounded with the person’s creditors or made an assignment of the person’s remuneration for their benefit.
(2) Subsection (1)(b) applies unless the Board is satisfied that the person took all reasonable steps to avoid bankruptcy.
A person:
(a) employed to sell by auction any of the lands of the Crown, or any estate or interest therein, or any goods, chattels or other property of the Crown; or
(b) expressly authorized by any law to make any sale by auction,
shall, so far as the sales which he may, as mentioned in this section, be employed or authorized to make, be exempted from the operation of this Act.
The holder of a licence shall, within 3 days after the expiration of his licence, or, if his licence is cancelled or suspended, within 3 days after the date of the cancellation or suspension of his licence, deliver the licence to the Registrar.
Maximum penalty: 1 penalty unit.
Any auctioneer who knowingly misrepresents or causes or permits to be misrepresented the composition, structure, character or quality or the origin or manufacture of any property offered by him for sale by auction shall be guilty of an offence.
Maximum penalty: 0.8 penalty unit.
(1) Every auctioneer shall forthwith record, in a book to be kept for the purpose, full particulars of all property sold by him at auction, and, in respect of any property so sold, shall preserve the record for at least 12 months after the date of the sale.
(2) The book shall be open to inspection at all reasonable times by the Commissioner of Police or any member of the police force thereto authorized in writing by the Commissioner of Police, and every auctioneer, upon being required so to do, shall produce, for inspection by the Commissioner of Police or other member of the police force, the book kept by him.
(3) Any person who contravenes any provision of this section shall be guilty of an offence.
Maximum penalty: 5 penalty units.
Where a sale by auction is not notified in the conditions of sale to be subject to a right to bid on behalf of the seller, the seller shall not himself bid or employ any person to bid at the sale and the auctioneer shall not knowingly take any bid from the seller or any such person.
Maximum penalty: 5 penalty units.
Notwithstanding anything contained in this Act:
(a) any officer of any court having jurisdiction in the Territory may, without holding a licence, sell by auction any property taken by him in execution by virtue of any process issued from the court;
(b) any person thereto authorized by the Minister may, without holding a licence, sell by auction any leases of lands belonging to the Commonwealth or any property belonging to the Commonwealth or to intestate estates; and
(c) any person who is authorized by any law for the time being in force to sell by auction without a licence may do so.
An offence of contravening or failing to comply with section 12 or 14(1) is a regulatory offence.
Where any court imposes any penalty for any offence against this Act it may, where the person found guilty holds a licence, at the same time cancel or suspend for such period as it thinks fit the licence of the person found guilty.
A licence is not transferable by the holder of the licence.
(1) The Administrator may make regulations under this Act.
(2) The regulations may prescribe fees for this Act.
(3) The regulations may make rules of conduct, which may incorporate or adopt by reference (with any necessary changes) rules, provisions, a code or another document, as in force from time to time, relating to professional conduct of auctioneers.
Despite the repeal of section 3AB by the
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 14 November 1935 | |
Commenced | 14 November 1935 | |
Assent date | 8 June 1955 | |
Commenced | 1 January 1957 ( | |
Assent date | 3 February 1961 | |
Commenced | 3 February 1961 | |
Assent date | 5 August 1964 | |
Commenced | 5 August 1964 | |
Assent date | 10 December 1970 | |
Commenced | (rep | |
Assent date | 11 December 1973 | |
Commenced | (rep | |
Assent date | 11 December 1973 | |
Commenced | 11 December 1973 (s 12(2)) | |
Assent date | 26 Aug 1974 | |
Commenced | 11 December 1973 (s 3(2)) | |
Assent date | 24 Aug 1974 | |
Commenced | 11 December 1973 (s 3) | |
Assent date | 28 June 1976 | |
Commenced | ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 Oct 1974 | |
Assent date | 19 August 1974 | |
Commenced | (rep | |
Assent date | 23 September 1974 | |
Commenced | 1 November 1974 ( | |
Assent date | 24 October 1974 | |
Commenced | (rep | |
Assent date | 9 December 1977 | |
Commenced | 1 January 1978 (s 2) | |
Assent date | 31 March 1978 | |
Commenced | 31 March 1978 | |
Assent date | 1 July 1978 | |
Commenced | 1 July 1978 (s 8) | |
Assent date | 5 September 1978 | |
Commenced | 5 September 1978 | |
Assent date | 25 March 1981 | |
Commenced | 25 March 1981 | |
Assent date | 28 November 1983 | |
Commenced | 1 January 1984 (s 2, s 2 | |
Assent date | 5 June 1989 | |
Commenced | s 6: 5 June 1989 rem: 1 January 1991 (s 2, s 2 | |
Assent date | 18 March 1993 | |
Commenced | 18 March 1993 | |
Assent date | 9 November 1993 | |
Commenced | 9 November 1993 | |
Assent date | 19 April 1996 | |
Commenced | s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 | |
Assent date | 9 September 2009 | |
Commenced | ss 58 to 60: 30 January 2012 ( | |
Assent date | 18 November 2010 | |
Commenced | 1 February 2011 ( | |
Assent date | 10 May 2016 | |
Commenced | 1 July 2016 ( | |
Assent date | 6 November 2019 | |
Commenced | pts 2 and 3: 11 December 2019 ( | |
3 SAVINGS AND TRANSITIONAL PROVISIONS
ss 7 and 8
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
5 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
6 LIST OF AMENDMENTS
lt amd No. 29, 1981, s 2
s 1 amd No. 29, 1981, s 2
s 2 amd No. 29, 1981, s 2; No. 33, 2019, , s 25
s 3 amd No. 10, 1955, s 3; No. 29, 1981, s 2; No. 6, 1993, s 2; No. 12, 2016, s 10; No. 33, 2019, s 26
s 3A ins No. 10, 1955, s 4
amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 29, 1981, s 2
sub No. 33, 2019, s 27
s 3AB ins No. 6, 1993, s 2
rep No. 33, 2019, s 27
s 4 sub No. 10, 1955, s 5
amd No. 29, 1981, s 2; No. 38, 2010, s 3; No. 33, 2019, s 28
s 5 sub No. 10, 1955, s 5
amd No. 37, 1974, s 10; No. 51, 1977, s 3; No. 54, 1978, s 3; No. 6, 1993, s 8; No. 70, 1993, s 8; No. 12, 2016, s 11; No. 33, 2019, s 29
s 6 sub No. 10, 1955, s 5
amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 6, 1993, s 8; No. 12, 2016, s 12; No. 33, 2019, s 30
s 7 sub No. 10, 1955, s 5
amd No. 37, 1974, s 10; No. 51, 1977, s 3; No. 54, 1978, s 3; No. 33, 2019, s 31
s 8 sub No. 10, 1955, s 5
amd No. 51, 1977, s 3, No. 54, 1978, s 3; No. 14, 1989, s 7
sub No. 33, 2019, s 32
s 8A ins No. 10, 1955, s 5
amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 14, 1989, s 7
sub No. 33, 2019, s 32
s 8B ins No. 10, 1955, s 5
amd No. 51, 1977, s 3; No. 54, 1978, s 3
rep No. 33, 2019, s 32
s 8C ins No. 10, 1955, s 5
amd No. 29, 1981, s 2
rep No. 6, 1993, s 8
s 8D ins No. 10, 1955, s 5
sub No. 12, 2016, s 13
s 8E ins No. 10, 1955, s 5
amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 6, 1993, s 8; No. 33, 2019, s 33
s 8F ins No. 10, 1955, s 5
amd No. 37, 1974, s 10; No. 51, 1977, s 3; No. 54, 1978, s 3; No. 33, 2019, s 34
s 8G ins No. 10, 1955, s 5
amd No. 29, 1981, s 2
rep No. 6, 1993, s 8
s 8H ins No. 10, 1955, s 5
s 8HA ins No. 12, 2016, s 14
amd No. 33, 2019, s 35
ss 8HB – 8HC ins No. 33, 2019, s 36
s 8J ins No. 10, 1955, s 5
amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 29, 1981, s 2; No. 17, 1996, s 6
sub No. 33, 2019, s 36
s 8K ins No. 10, 1955, s 5
amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 33, 2019, s 37
s 9 sub No. 33, 2019, s 38
s 10 amd No. 29, 1981, s 2
s 11 rep No. 10, 1955, s 6
s 12 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 29, 1981, s 2; No. 38, 2010, s 3; No. 33, 2019, s 39
s 13 amd No. 29, 1981, s 2; No. 38, 2010, s 3
s 14 amd No. 10, 1961, s 2; No. 28, 1964, s 2; No. 29, 1981, s 2; No. 38, 2010, s 3; No. 33, 2019, s 40
s 15 amd No. 29, 1981, s 2; No. 38, 2010, s 3; No. 33, 2019, s 41
s 16 amd No. 10, 1961, s 3; No. 8, 1978, s 2; No. 29, 1981, s 2; No. 38, 2010, s 3
rep No. 33, 2019, s 42
s 17 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 29, 1981, s 2
s 17A ins No. 68, 1983, s 104
s 18 amd No. 29, 1981, s 2; No. 17, 1996, s 6
s 18A ins No. 30, 2010, s 27
s 19 amd No. 87, 1973, s 6; No. 95, 1978, s 14; No. 29, 1981, s 2
sub No. 33, 2019, s 43
s 20 ins No. 33, 2019, s 43
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