Auctioneers Act Amendment Act 1970 (WA)

No. 62.] Auctioneers. [1970.

AUCTIONEERS.

No. 62 of 1970.

AN ACT to amend the Auctioneers Act, 1921-1948.

[Assented to 5th November, 1970.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Auctioneers

Act Amendment Act, 1970.

Vol. 19	(2)	In this Act the Auctioneers Act, 1921-1948,
Acts.

Reprinted

Approved for	is referred to as the principal Act.
reprint 12th March, 1965.

(3) The principal Act as amended by this Act

may be cited as the Auctioneers Act, 1921-1970.

1970.] Auctioneers. [No. 62.

Commence-

2. This Act shall come into operation on a date ment.

to be fixed by proclamation.

3. Section 4 of the principal Act is amended— Amendment	to s. 4.
(Licenses).

(a)

by repealing and re-enacting subsection

(3) as follows

(3) "Metropolitan area" means such portion of the State as the Governor, by proclamation, declares to be the metro- politan area for the purposes of this Act. ; and

(b) by adding a subsection as follows

(4) A proclamation which the Gover- nor is hereby empowered to make under subsection (3) of this section, may be cancelled or from time to time varied by a subsequent proclamation. .

Amendment

4. Section 5 of the principal Act is amended- to s. 5.(No license

(a)

by substituting for the passage "(according to anted

to the form in Schedule B to this Act) of the unless maate's

resident" in lines two and three of subsec- certificate obtained.)

tion (1) the words "in the prescribed form

of the stipendiary";

(b)

by substituting for the word "resident" in line seven of subsection (1) the word "stipendiary";

(c)

by substituting for the passage "in writing therefor according to the form in Schedule C to this Act" in lines five and six of subsection (2) the words "therefor in the prescribed form";

(d)

by substituting for the passage "subscribed as shown in Schedule C" in lines four and five of subsection (3) the words "in the prescribed form"; and

No. 62.] Auctioneers. [1970.

(e) by substituting for the passage "according to the form in Schedule D to this Act" in lines four and five of subsection (4) the words "in the prescribed form".

Amendment

to a. 7. 5.

Subsection (2) of section 7 of the principal "forms 1, 2 and 3 in Schedule E to this Act, and the forms shall be printed by the Government Printer" in lines two, three and four the words "prescribed forms".

(Granting	Act is amended by substituting for the passage
of licenses.)
Amendment

to s. 10.	6.	Section 10 of the principal Act is amended
(Transfer of

licenses.)	(a)	by substituting for the word "resident" in
line four of subsection (1) the word
"stipendiary";
(b)	by substituting for the passage "in Schedules C and D" in line two of subsec- tion (3) the passage "prescribed for the purposes of subsection (2) and subsection (4) of section five of this Act";
(c)	by substituting for the passage "in Schedule F to this Act" in lines three and four of subsection (4) the word "prescribed"; and
(d)	by substituting for the word "resident" in lines three and six of subsection (5) the word "stipendiary".

Amendment	7. Section 14 of the principal Act is amended
to s. 14.
(Temporary

license to	(a)	by substituting for the words "police or
clerk or
deputy of	resident" in line one of subsection (1) the
licensed
auctioneer).	word "stipendiary"; and
(b)	by substituting for the passage "form in Schedule G to this Act, and the forms shall be printed by the Government Printer" in lines two and three of subsection (2) the words "prescribed form".

1970.] Auctioneers. [No. 62.

8. Section 15 of the principal Act is amended— =a:rent

(Occasional

(a) by deleting the passage ", police, or district license.)

resident" in line one of subsection (1);

(b) by substituting for the passage "form in Schedule H to this Act and which form shall be printed by the Government Printer" in lines six, seven and eight of subsection (3) the words "prescribed form".

9. The principal Act is amended by adding after S. /SA added.

section 15 a section as follows-

Provisional auctioneers

15A. (1) Subject to this Act, a licensed auctioneer who desires any person employed by him to obtain practical instruction in the carry- ing on of the business of an auctioneer, may apply for and obtain with respect to that person, a provisional auctioneer's certificate. certificate.

(2) Subject to this Act, a provisional

auctioneer's certificate

(a)	shall take effect on and from the day specified in the certificate;
(b)	shall, unless sooner cancelled or suspended pursuant to this Act, con- tinue in force for a period of two months from the date upon which it takes effect;
(c)	shall, during the currency of the certi- ficate, authorise the person with respect to whom it is granted and who shall be nominated in the certificate as the trainee, to act as an auctioneer under the direct supervision and instruction of the licensed auctioneer who applied for the certificate and who shall be nominated therein;
(d)	shall authorise the person nominated as the trainee therein to act as an auctioneer in the same portion of the

No. 62.] Auctioneers. [1970.

State as the licensed auctioneer nomin-

ated therein is authorised to so act.

(3)

A licensed auctioneer shall not be granted in any calendar year more than three provisional auctioneer's certificates with respect to the same person.

(4) The licensed auctioneer who applied for a provisional auctioneer's certificate is person- ally liable and responsible for an act or default of a person acting under his direct supervision and instructions under the certificate, in the same manner and to the same extent as the licensed auctioneer would be liable if the act or default were done or made by the licensed auctioneer. .

S 15B added. 10. The principal Act is amended by adding a

section as follows

Application

for	15B. (1) A licensed auctioneer who desires shall lodge an application in the prescribed form with the Clerk of the Court of Petty Sessions nearest to the principal place where the applicant carries on his business as an auctioneer.
provisional
auctioneer's	to obtain a provisional auctioneer's certificate
certificate.

(2) The application

(a)	shall be accompanied by three testi- monials signed by different reputable persons as to the character of the person with respect to whom the certificate is required and a certificate signed by the applicant that he pro- poses to undertake the control and supervision of such person while he is acting under the authority of the certificate, if granted;
(b)	shall be delivered to the Clerk of that Court at least ten days before the date specified in the application as the day on which the application will be made.

1970.] Auctioneers. [No. 62.

(3) If the Court of Petty Sessions, which shall be constituted by a stipendiary magistrate sitting alone, is satisfied that the person with respect to whom the certificate is applied for is of good fame and character and otherwise a fit and proper person to carry on the business of an auctioneer under and in accordance with the certificate, it may issue, on the payment of a fee of five dollars or such other fee as may be prescribed, to the applicant in the form prescribed a provisional auctioneer's certificate.

(4) A provisional auctioneer's certificate shall not be issued with respect to any person who is under the age of twenty-one years.

The Minister may, if requested in writing so to do by the licensed auctioneer nominated in a provisional auctioneer's certificate, cancel or suspend the certificate for such period and on such conditions as in the circumstances of the case he thinks fit. .

(5)

11. Paragraph (c) of section 16 of the principal tAm o selrent

Act is amended by adding after the word "Australia" (Auti-n .̂

in line three the words "or The District Court of swannesttorto	license
Western Australia".	required.)
Amendment

12.	Section 17 of the principal Act is amended	to a. 17.
to have the (Auctioneers

(a)	by substituting for the passage "Licensing	privileges of a gallon
Act, 1911" in line three the passage "Liquor	license
Act, 1970";	holder.)
(b)	by deleting the words "not less than one gallon" in line five;
(c)	by substituting for the word "gallon" in line thirteen the word "store"; and
(d)	by substituting for the words "police or resident" in line sixteen the word "stipendiary".

No. 62.1 Auctioneers. [1970.

Amendment

to a. 18.	13. Section 18 of the principal Act is amended by
(Reservation

of rights of	substituting for the passage "Licensing Act, 1911,"
auctioneer
being a	the passage "Liquor Act, 1970,".
license holder.)
Amendment

to s. 19.	14. Section 19 of the principal Act is amended
(An
auctioneer

who holds a	(a)	by substituting for the passage "a gallon,
gallon, two
gallon, or	two-gallon, or" in line two the words "a
spirit
merchant's	store or wholesale"; and
license may hold sale
on any
premises).	(b)	by substituting for the passage "Licensing Act, 1911" in line seven the passage "Liquor Act, 1970".
Amendment

to s. 20.	15. Subsection (10) of section 20 of the principal
(Licenses

may be	Act is amended by substituting for the passage
issued for
the benefit	"Registration of Firms Act, 1897," in line three the
of firms or
companies.)	passage "Business Names Act, 1962,".
Amendment
to s. 21.

(No appeal 16. Section 21 of the principal Act is amended by

against	adding before the word "but" in line three the
grant of
license, etc.)	passage "or a provisional auctioneer's certificate,".
Repeal of

s. 22.	17. Section 22 of the principal Act is repealed.
(Any police magistrate may act as resident
magistrate.)
Amendment
to s. 23.
(Forfeiture	18. Section 23 of the principal Act is amended by

of license.)

substituting for the words "police or resident" in

line two the word "stipendiary".

Repeal of

Schedules to	19. Schedules B to H (inclusive) to the principal
principal

Act. Act are repealed.