Auctioneers Act Amendment Act 1938 (WA)

No. 11.] Auctioneers. [1938.

AUCTIONEERS.

2° GEO. VI., No. XI.

No. 11 of 1938.

AN ACT to make provision in the Auctioneers Act, 1921-32, for the issue of occasional district licenses to holders of district licenses, and for other pur- poses incidental thereto.

[Assented to 30th November, 1938.]

RE it enacted by the King's Most Excellent Majesty,

Li by and with the advice and consent of the Legis-

lative Council and Legislative Assembly of -Western Australia, in tins present Parliament assembled, and by the authority of the same, as follows:—

Short title. 1. This Act may be cited as the Auctioneers Act

1163M 558. of Amendment Act, 1938, and shall be read as one with the

Auctioneers Act, 19214932 (No. 29 of 1921 as amended by the Act No. 53 of 1932), hereinafter referred to as the principal Act.

Amendment

of s. 4 of the 2. Section four of the principal Act is amended as

principal Act. follows :—

(a) by deleting subsection (1) and inserting in lieu

thereof a subsection as follows:

(1) Licenses to act as auctioneer shall be of five kinds, namely, general, country, district, temporary, and occasional district licenses.

(b) by adding at the end of subsection (2) the words :—" The authority conferred by a tem- porary license shall be that provided by s2ction fourteen of this Act and the authority con- ferred by an occasional district license shall be that provided by section fourteen A of this Act."

1938.1 Auctioneers. [No. 11.

entf

3. Section thirteen of the principal Act is amended o[ s.o

by inserting at the commencement thereof the words toot. principal

"Subject to section fourteen A of this Act."

4. A section is inserted in the principal Act after see- It le:ttta principal

lion fourteen as follows:— Act.

14A. (1) The stipendiary, police or resident occasional district

magistrate of any magisterial district other than a licenses.

magisterial district situate within the metropolitan

area as defined in subsection (3) of section four or this Act may, on the written application of any per- son being the holder of a current district license

issued in respect of the magisterial district of such

magistrate, grant to such person in accordance with this section all occasional district license to conduct as auctioneer a sale by auction at any place situate

within a magisterial district other than that in re-

spect of which the district license of the applicant

is held but which is immediately contiguous with

such last-mentioned magisterial district: Provided that before granting any such occasional district

license, the magistrate to whom this application is

made-

(i)    shall give to the police the opportunity, if they so desire, of objecting to such application; and

(ii)    shall be satisfied that there are sufficient

reasons for granting the license.

(2) The fee payable for an occasional district license shall. be one guinea (a is.) and shall accom-

pany the application. If the application is refused

the fee shall be refunded to the applicant.

(3) The application shall specify the date upon which, and the place where, the auction sale in rela- tion to which a license under this section is required

is to be held and the occasional district license granted pursuant to such application shall be accord-

ing to the form in schedule II to this Act and which

form shall be printed by the Government Printer.

(4) An occasional district license granted under this section shall authorise the holder thereof to con- duct as auctioneer a sale by auction on the date and at the place specified in the license, but not other- wise.

No. 11.] Auctioneers. [1938.

(5) In no event shall any occasional district license be granted in relation to any auction sale to be held at a place situate within the metropolitan area aforesaid.

(6) While the holder of an occasional district license is conducting an auction sale under the authority thereof he shall have all the rights and benefits and be subject to all the obligations and liabilities of a holder of a district license for the magisterial district within which the place named in his occasional district license is situate.

No person shall be entitled to a grant of more than five occasional district licenses under this sec- tion in respect of a place or places within the same magisterial district in any one year.

(7)

(8)

No person shall be entitled to hold more than one occasional district license (whether in respect of the same magisterial district or not) at any one time.

(9) Notwithstanding anything to the contrary contained elsewhere in this section, where an auction sale cannot be concluded in the one day, or where all the property or chattels to be sold by auction at the one sale cannot be conveniently put up for sale at one place, then it shall be lawful for the magis- trate to whom the application is made to grant an occasional district license in respect of the one auction sale specified in the application for such license to operate and have effect on any number of specified days exceeding one, but not exceeding seven, and at more than one place as specified in the application, provided all the places so specified are situate within the same magisterial district.

(10) An occasional district license shall not be transferable.

(11) Where an applicant is the holder of a dis- trict license as representative of a firm or company under and in accordance with the provisions of sec- tion nineteen of this Act, an occasional district license shall not be granted under this section to such applicant except with the consent of such firm or company.

1938.] Auctioneers. [No. 11.

5.    A schedule is added to the principal Act after Inteizrtsic.,,,ipatfic

II in princi-

Schedule G as follows:— pal Act.

SCHEDULE H.

Auctioneers Act 1921-1938.

Au Occasional District License.

Section NA.

WHEREAS (a) of (b)

is the holder of a current district license issued under the Auctioneers ,2)„1,1,up11,1a',a,re Act, 1921-1938, in respect of the magisterial district of (c) (b) Address.

and has made application under ,;;2,„Ner s e of

section fourteen A of the said Act for an occasional district license to fled in disDtreii ct

license.

conduct as auctioneer a sale by auction on (d) (d) Insert

the day of at (e) date of pro-

posed sa sew.

being a place situate within the magisterial district of (f)

(e) Insert

which is immediately contiguous with the Place and ad-

said magisterial district of (g) and n idriessess of zee.

is not situate within the metropolitan area as defined in section four rolled . to be

of the said Act and the said (h) (f) Insert has paid the prescribed license fee of one guinea, the said ,n,,a,"gtsteorfkl

is hereby authorised, subject to district in

(0 which place of

the said Act, to conduct as auctioneer a sale by auction on the said proposed sale is situate.

day of at s in (r)

aforesaid.

above

(It) Applicant.

Dated this day of 19 (t) Applicant.

Stipendiary, Police or Resident

Magistrate.

6.    The principal Act as amended by tins Act may be cawon of

principal Act

cited as the Auctioneers Act, 1921-1938. as amended.