Auctioneers and Agents Act Amendment Act 1985 (Qld)

1419 ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 94 of 1985 An Act to amend the Auctioneers and AgentsAct 1971-1981 in certain particulars [ASSENTED TO 13TH D ECEMBER, 1985]

1420 Auctioneers and Agents Act Amendment Act 1985, No. 94 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . This Act may be cited as the Auctioneers and Agents Act Amendment Act 1985. 2. Commencement. (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Paragraph (d) of section 64 shall commence on 1 January 1987. (3) Except as provided by subsections (1) and (2), this Act or the provisions thereof specified by Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Citation. (1) In this Act the Auctioneers and Agents Act 1971- 1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Auctioneers and Agents Act 1971-1985. 4. Amendment of s. 3. Division of Act. Section 3 of the Principal Act is amended by- (a) omitting the expression "13" occurring after the words "THE COMMITTEE (SECTIONS 6-" and substituting the expression "13A"; (b) inserting after the words "Division 5-General (sections 62-81);" the words "PART VA-DISCIPLINARY PROCEEDINGS (SECTIONS 81A-81M); (c) inserting after the words "Division 3-Receivers (sections 107- 126);" the words "PART VIA-PASTORAL HOUSES (SECTIONS 126A- 126R);". 5. Amendment of s. 5 . Interpretation . Section 5 of the Principal Act is amended by- (a) in subsection (1)- (i) in the definition "Commercial agent ", in provision (h), inserting after the words "Magistrates Courts Act 1921-1976" the words "while he is performing any of the functions referred to in provision (ba)"; (ii) in the definition "Deputy registrar"- (A) omitting the word "The" occurring before the words "Deputy Registrar" and substituting the word "A"; (B) omitting the word "the" occurring before the words "deputy registrar" and substituting the word "a"; (iii) inserting after the definition "Employee" the following definition:- "Executive officer", in relation to a corporation means any person, by whatever name called and whether or not he is a director

Auctioneers and Agents Act Amendment Act 1985, No. 94 1421 of the corporation, who is concerned, or takes part, in the management of the corporation;"; (iv) in the definition "Motor vehicle", omitting the words "trailer or"; (v) in the definition "Registrar", omitting the word "the" occurring before the words "Deputy Registrar" and substituting the word "a"; (vi) in the definition "Secretary", inserting after the word "includes" the words " an assistant secretary and"; (b) in subsection (2), adding at the end of paragraph (k) the following expression and words:- (1) any sales by postal bids of stamps or coins"; (c) inserting after subsection (2) the following subsection:- "(2A) If- (a) a proposed sale by auction of chattels is advertised and the chattels are sold by the auctioneer within one month prior to the advertised date of the auction; or (b) chattels are passed in at auction and subsequently sold by the auctioneer within one month after the auction, the sale of those chattels shall be deemed to be a sale by auction and the provisions of this Act shall apply accordingly.". 6. Amendment of s. 6 . Auctioneers and Agents Committee . Section 6 of the Principal Act is amended by- (a) omitting from subsection (2C) the word "six" and substituting the word "eight"; (b) omitting subsection (7) and substituting the following subsection:- "(7) The Governor in Council may appoint a secretary and an assistant secretary to the Committee and an appointee may be a member of the Public Service of Queensland in which event he may hold the appointment in addition to any other position he holds in the Public Service of Queensland.". 7. Amendment of s. 9 . Meetings . Section 9 of the Principal Act is amended by. in subsection (1), omitting the word "four" and substituting the word "five". 8. Repeal of s. 12. Powers of Committee as to professional misconduct of licensees . The Principal Act is amended by repealing section 12 and substituting the following sections:- "12. Sub - committees . (1) The Committee may, with the approval of the Minister, resolve that all or any of its powers,

1422 Auctioneers and Agents Act Amendment Act 1985, No. 94 duties and functions in respect of applications for the grant, renewal or restoration of licences or certificates of registration under this Act be exercised, performed or discharged by a sub- committee constituted in accordance with this section. (2) A sub-committee shall consist of the chairman or the deputy chairman, the registrar or a deputy registrar, and three other members of the Committee nominated by it and appointed by the Minister. (3) At any meeting of a sub-committee a quorum shall be constituted by three members of the sub-committee, one of whom shall be the chairman or the deputy chairman, and one of whom shall be the registrar or a deputy registrar. (4) Subject to there being a quorum, a sub-committee may meet and transact business notwithstanding any vacancy in its membership. (5) At any meeting of a sub-committee the chairman or, if the chairman is not a member of the sub-committee, the deputy chairman, shall preside and shall have a deliberative and, in the case of equality of votes, a casting vote. (6) A sub-committee shall meet at such times and places as are fixed by the chairman or, if the chairman is not a member of the sub-committee, by the deputy chairman. (7) A sub-committee shall conduct its proceedings in accordance with the manner in which proceedings of the Committee are conducted from time to time, with all necessary modifications. (8) A sub-committee exercising, performing or discharging powers, duties or functions delegated to it pursuant to subsection (1) shall be deemed to be the Committee exercising , performing or discharging those powers, duties or functions and the provisions of this Act shall apply accordingly. (9) The secretary or the assistant secretary shall act as secretary to a sub-committee. (10) Unless sooner removed from office by the Minister, a member of a sub-committee, other than the registrar or a deputy registrar, shall hold office until he ceases to hold office as a member of the Committee. 12A. Validity of acts. An act, proceeding or decision of the Committee or a sub-committee is not invalid or unlawful by reason only of any defect in the qualification, membership or appointment of any member of the Committee or the sub- committee. 12B. Exclusion of liability . The members of the Committee or of a sub-committee, the registrar, the secretary or any person acting under the direction of the Committee or a sub-committee, shall not incur any liability on account of anything done or omitted to be done in good faith and without negligence pursuant to or for the purposes of this Act.".

Auctioneers and Agents Act Amendment Act 1985, No. 94 1423 9. Amendment of s. 13 . Registrar and officers . The Principal Act is amended by- (a) in subsection (1), omitting the words "a Deputy Registrar" occurring after the words "a Registrar of Auctioneers and Agents," and substituting the words "and such Deputy Registrars"; (b) in subsection (4), omitting the word "the" where twice occurring before the words "deputy registrar" and substituting in each case the word "a". 10. Amendment of s. 13A. Appeals from Committee . Section 13A of the Principal Act is amended by, in subsection (I)- (a) redesignating paragraphs (g) and (h) as paragraphs (h) and (i) respectively; (b) omitting paragraphs (a) to (f), both inclusive, and substituting the following paragraphs:- "(a) person whose application for a licence, or renewal or restoration of a licence, is refused by the Committee; (b) licensee who feels aggrieved by a decision of the Committee pursuant to section 18 (7) imposing a condition or term in respect of the granting of a licence, or renewal or restoration of a licence; (c) licensee who feels aggrieved by a decision of the Committee pursuant to section 18 (10) amending, altering, varying or revoking a term or condition of a licence; (d) person whose application for registration, or renewal or restoration of registration, is refused by the Committee; (e) person who feels aggrieved by an order made by the Committee pursuant to paragraph (e) of section 18 (5) or paragraph (e, of section 28 (5) in respect of the payment of costs; (f) person who feels aggrieved by a decision made by the Committee pursuant to Part VA; (g) person who feels aggrieved by a decision made by the Committee pursuant to Part VIA,". 11. Repeal of s. 14. No person to act without a licence . The Principal Act is amended by repealing section 14 and substituting the following sections:- "14. No person to act without a licence . (1) Subject to this Act, no individual shall act as or carry on the business of an auctioneer or advertise, notify, or state that he acts as or carries on the business of an auctioneer unless- (a) he is the holder of a general auctioneer's licence: or (b) he is the holder of a restricted auctioneer's licence, or a provisional auctioneer's licence, and is acting under the authority of that licence.

1424 Auctioneers and Agents Act Amendment 4ct i985, No. 94 (2) A person shall not act as auctioneer on behalf of a corporation, or a partnership, that is authorized pursuant to this Act to can -y on the business of an auctioneer unless he complies with paragraph (a) or (b) of subsection (1). (3) A partnership shall not advertise. notify. or state- that it acts as. or is willing to act as, an auctioneer; or that it carries on or is willing to carry on the business of an auctioneer, unless a member of the partnership is the holder of a general auctioneer's licence or a restricted auctioneer's licence appropriate to the business of the partnership. (4) Subject to this Act, no person (either by himself or as a member of a partnership)- (a) shall act as a real estate agent unless he is the holder of a real estate agent's licence; (b) shall act as a commercial agent unless he is the holder of a commercial agent's licence; (c) shall act as a motor dealer unless he is the holder of a motor dealer's licence. 14A. Corporation licence. (1) In this section, unless the contrary intention appears- "director" means a person validly appointed to occupy or duly authorized to act in the position of director of a corporation; "licence" means a general auctioneer's licence, a restricted auctioneer's licence, a real estate agent's licence, a commercial agent's licence or a motor dealer's licence; "relevant business" means the business of an auctioneer, a real estate agent, a commercial agent or a motor dealer. (2) A corporation shall not- act as or advertise, notify or state that it acts as, or is willing to act as, an auctioneer. a real estate agent, a commercial agent or a motor dealer; or carry on or advertise, notify or state that it carries on, or is willing to carry on, a relevant business, unless it is the holder of a licence (hereafter in this Act referred to as a "corporation licence") appropriately endorsed pursuant to paragraph (b) of section 16 (4).

Auctioneers and Agents Act Amendment Act 1985, No. 94 1425 (3) A corporation licence, or the renewal or restoration of a corporation licence, shall not be granted to a corporation- (a) unless the corporation is- (i) a company within the meaning of the Companies (Queensland) Code; or (ii) a recognized company within the meaning of the Companies (Queensland) Code; (b) unless a director of the corporation is resident in this State and, where the corporation carries on or applies for a licence to carry on- (i) only one relevant business, that director is the holder of a licence appropriate to that relevant business; or (ii) more than one relevant business, that director is the holder of each licence appropriate to each of those relevant businesses; (c) unless, where the corporation carries on or applies for a licence to carry on- (i) business as a real estate agent, commercial agent or motor dealer, each working director (if any) is the holder of a licence appropriate to that business; or (ii) more than one of the businesses referred to in provision (i), each working director (if any) is the holder of each licence appropriate to each of those businesses; (d) unless, where the corporation carries on or applies for a licence to carry on- (i) business as a real estate agent. commercial agent or motor dealer, the person in charge of the sole or principal place of business is a working director or, if there is no working director, a person who is the holder of a licence appropriate to the business of the corporation; or (ii) more than one of the businesses referred to in provision (i), the person in charge of each class of business at the sole or principal place of business is a working director or, it there is no working director, a person who is the holder of a licence appropriate to that class of business: (e) if the corporation or an executive officer of the corporation is not of good fame and character; (f) if the corporation is not a fit and proper person to hold a corporation licence or an executive officer of the corporation is not a fit and proper person to be

1426 Auctioneers and Agents Act Amendment Act 1985, No. 94 an executive officer of a corporation that holds a corporation licence; (g) if the corporation is disqualified from holding a corporation licence or an executive officer of the corporation is disqualified from holding a licence or certificate of registration or is disqualified pursuant to an order made under Part VA from being an executive officer of a corporation that holds a corporation licence; (h) unless the corporation complies with All other requirements of this Act in respect of obtaining a corporation licence or, as the case may be, the renewal or restoration of a corporation licence. (4) For the purposes of this section and section 15 the expression "working director" means a director, resident in Queensland or within 65 kilometres of the boundary of Queensland. who is required to devote substantially the whole of his time to the service of the corporation- (a) in a managerial capacity substantially related to the relevant business of the corporation or, if the corporation carries on more than one relevant business, to one or more of those relevant businesses; or (b) in all or any of the capacities of an auctioneer, a real estate agent, a commercial agent or a motor dealer. (5) A working director or, if there is no working director- (a) a person who is in charge of the sole or principal place of business of a corporation carrying on a relevant business; or (b) where a corporation carries on more than one class of relevant business, each person who is in charge of each relevant business at the sole or principal place of business of the corporation, shall be deemed to be authorized by the corporation to speak on its behalf and to bind it in respect of matters relating to, or inquiries being carried out under, this Act concerning that relevant business of the corporation or, in a case referred to in provision (b), that class of relevant business of the corporation of which he is in charge. (6) A corporation that is the holder of a corporation licence shall notify the registrar in writing in the prescribed form of the name and address of any person (whether or not he is a director) who becomes or ceases to be- (a) an executive officer of the corporation; (b) in charge of the sole or principal place of business of the corporation; or (c) in charge of a class of relevant business (where the corporation carries on more than one class of relevant

Auctioneers and Agents Act Amendment Act 1985, No. 94 1427 business) at the sole or principal place of business of the corporation, within 14 days after the person becomes or ceases to be an executive officer or, as the case may be, in charge. (7) A director of a corporation that carries on business as a real estate agent, commercial agent or motor dealer shall not carry out any of the functions of a real estate agent or, as the case may be, a commercial agent or motor dealer in respect of that business unless he is the holder of a licence appropriate to that business. 14B. Person deemed to act as licensee . Without limiting the application of section 14 or section 14A (2), any person who- (a) has any words painted or written, or allows to remain unobliterated any words that have been painted or written, over or about his premises, whether his private residence or his business premises, that are likely to lead to the belief or supposition that he is the holder of any licence referred to in those sections; or (b) places or causes to be placed any placard, board, sign, writing, or thing in the public view, wherever it may be so placed, that is likely to lead to the belief or supposition that he is the holder of any licence referred to in those sections, shall be deemed to be acting as an auctioneer or, as the case may be, a real estate agent, a commercial agent or a motor dealei. 14C. Licensee to be in charge of principal place of business. (1) A licensed individual who carries on business as an auctioneer, a real estate agent, a commercial agent, or a motor dealer, on his own behalf shall be in charge of his sole or principal place of business. (2) If a partnership carries on business as- (a) a real estate agent, commercial agent, or motor dealer, a member of the partnership shall be in charge of its sole or principal place of business; (b) an auctioneer, a member of the partnership. who is the holder of a general auctioneer's licence or a restricted auctioneer's licence of the kind appropriate to the business of the partnership, shall be in charge of its sole or principal place of business.".

1428 Auctioneers and Agents Act Amendment Act 1985, No. 94 12. Amendment of s. 15 . Each separate place of business to be in charge of licensed manager . Section 15 of the Principal Act is amended by-- (a) omitting from the note appearing in and at the beginning of the section the words "charge of" and substituting the words "the charge of licensee or"; (b) omitting subsections (2) and (3) and substituting the following subsections:- "(2) If a licensed individual on his own behalf, or a partnership, carries on- (a) business as a real estate agent, commercial agent or motor dealer, at more than one place of business, the person in charge of each place of business, other than the principal place of business, shall be the holder of a licence, or a manager's licence, appropriate to that business; (b) more than one of the businesses referred to in paragraph (a) at more than one place of business, the person in charge of each class of business carried on at each place of business, other than the principal place of business, shall be the holder of a licence, or a manager's licence, appropriate to the class of business of which he is in charge. (3) If a corporation, being the holder of a corporation licence appropriately endorsed pursuant to paragraph (b) of section 16 (4), carries on- (a) business as a real estate agent, commercial agent or motor dealer, at more than one place of business, the person in charge of each place of business, other than the principal place of business, shall be a working director or the holder of a licence, or a manager's licence, appropriate to that business; (b) more than one of the businesses referred to in paragraph (a) at more than one place of business, the person in charge of each class of business carried on at each place of business, other than the principal place of business, shall be a working director or the holder of a licence, or a manager's licence, appropriate to that class of business. (3A) A person who is in charge of- (a) a place of business as mentioned in subsection (2) (a) or (3) (a); or (b) a class of business carried on at a place of business as mentioned in subsection (2) (b) or (3) (b), shall be deemed to be authorized by his principal to speak on behalf of, and to bind, his principal in respect of matters relating to, or inquiries being carried out under, this Act concerning the

Auctioneers and Agents Act Amendment Act 1985, No. 94 1429 business carried on at that place of business or, as the case may be, the class of business of which he is in charge at that place of business. (3B) A licensee shall notify the registrar in writing in the prescribed form of the name and address of any person in charge of, or who ceases to be in charge of- (a) a place of business as mentioned in subsection (2) (a) or (3) (a); or (b) a class of business carried on at a place of business as mentioned in subsection (2) (b) or (3) (b), within 14 days after the person takes charge or ceases to be in charge."; (c) in subsection (5)- (i) inserting after the words "manager's licence" the words ", or the renewal or restoration of a manager's licence,"; (ii) omitting the words "in respect of' and substituting the word "to (iii) omitting provision (d); (iv) adding at the end of the subsection the following paragraph:- "Notwithstanding the provisions of the preceding paragraph, a manager's licence shall not be granted to a person who has not- (i) completed, to the satisfaction of the Committee, such written examination as is , from time to time, set by the Committee unless exempted from such examination by the Minister on the recommendation of the Committee; and (ii) complied with such educational or other qualifications as are prescribed unless exempted by the Committee from such qualifications.". 13. New s. 15A. The Principal Act is amended by inserting after section 15 the following section:- "15A. Franchising agreement . (1) In this section, the expression "franchising agreement" means an agreement (whether written or not) whereby a licensee, who is entitled to carry on business as a licensee under any name, title or description, authorizes another person (who is the holder of a licence appropriate to the same class of business) to carry on business under- (a) that name, title or description; or (b) a name, title or description, implying or capable of being construed as implying that the business of that other person is being carried on by the licensee authorizing the use of the name, title or description,

1430 Auctioneers and Agents Act Amendment Act 1985, No. 94 in return for receiving a share in the profits of the business of that other person or for any other consideration. (2) A licensee shall not carry on business pursuant to a franchising agreement unless he has given notice to the registrar in the prescribed form of his intention to do so. (3) A licensee who, at the commencement of section 13 of the Auctioneers and Agents Act Amendment Act 1985, is carrying on business as a licensee pursuant to a franchising agreement shall forthwith give notice to the registrar in the prescribed form.". 14. Amendment of s. 16. Classes of licences. Section 16 of the Principal Act is amended by- (a) in subsection (4)- (i) in paragraph (a), omitting the words "taken out by an individual"; (ii) in paragraph (b), omitting provision (ii) and substituting the following words:- "(ii) the address of its principal place of business, and be endorsed to show the class or classes of business that the corporation is authorized to carry on pursuant to section 14A;"; (iv) omitting paragraph (c); (b) omitting subsection (5). 15. Amendment of s. 17. Application for licence . Section 17 of the Principal Act is amended by- (a) in subsection (1) inserting after the words "the renewal" the words "or restoration"; (b) omitting subsections (2) to (7) (both inclusive) and substituting the following subsections:- "(2) Upon receipt of an application for a licence the registrar shall inquire into and report to the Committee upon- (a) where the applicant is an individual-the fame and character and qualifications of the applicant for the licence in question; (b) where the applicant is a corporation-the fame and character of any executive officer of the corporation and the qualifications of the corporation for the licence in question. (3) Where an application is made for renewal or restoration of a licence, the registrar may, if he thinks fit, make, in respect of the applicant, further inquiries concerning the matters referred to in subsection (2) (a) or, if the applicant is a corporation, subsection (2) (b) and shall, whether or not he makes any such inquiries, if satisfied that the applicant is not precluded by reason

Auctioneers and Agents Act Amendment Act 1985, No. 94 1431 of any provision of this Act from being granted renewal or restoration, so certify to the Committee. If the registrar is not so satisfied, he shall so certify to the Committee and report to the Committee his reasons for not being satisfied. (4) The registrar may, to assist him in carrying out any inquiries under subsection (2) or (3), obtain- (a) a report from the Commissioner of Police in respect of the applicant and, if the applicant is a corporation, in respect of any executive officer of the corporation; (b) if an applicant, or an executive officer of a corporation that is an applicant, holds or previously held a licence or certificate of registration (or similar accreditation) in respect of the business of an auctioneer, a real estate agent, a motor dealer or a commercial agent in another State or Territory-a report from the appropriate licensing authority in that State or Territory.". 16. Amendment of s. 18. Grant of licence. Section 18 of the Principal Act is amended by- (a) omitting subsections (2A), (2B), (3) and (4) substituting the following subsections:- "(3) A licence- (a) shall remain in force for a period of 12 months from and including the date on which it is issued unless renewed pursuant to this section; and (b) if renewed, shall, in respect of each renewal, remain in force for a period of 12 months from and including the date on which it would, but for renewal, expire. unless- (i) the Committee grants the licence or the renewal of the licence for a shorter period; (ii) the licence is sooner cancelled, suspended or surrendered; or (iii) the licence is deemed to continue in force pursuant to subsection (4A) or section 19 (4). (4) An application for the renewal of a licence shall be lodged with the registrar prior to the date on which the licence would, but for the renewal, expire. (4A) If an application is made for the renewal of a licence pursuant to subsection (4) and the Committee does not determine the application before the date on which the licence would, but for renewal, expire, the licence shall be deemed to continue in force from that date until such time as the Committee grants or refuses the application.

4132 Auctioneers and Agents Act Amendment Act 1985, No. 94 (4B) If the Committee grants an application for the renewal of a licence after the date on which it would, but for subsection (4A), have expired, the licence shall be deemed to be renewed on and from that date. (4C) A licensee may surrender his licence by giving written notice thereof in the prescribed form to the registrar and delivering his licence to the registrar who shall endorse on it the word `.surrendered" and note the register of licences, kept by him pursuant to section 25, accordingly."; (b) in subsection (5)- (i) omitting from paragraph (a) the words ". and where the application is made in respect of an employee, shall also notify the employee,"; (ii) omitting paragraph (c) and substituting the following paragraphs:- "(c) the hearing of the application shall be an open hearing and the applicant and the objector shall each be entitled to appear at the hearing personally or by his counsel or solicitor: (d) at the hearing a barrister, solicitor, or other person appointed by the Committee. may appear to examine or cross-examine witnesses or to otherwise assist the Committee; (e) the Committee may make such order in respect of the costs of the hearing as it thinks fit and any costs so ordered shall be a debt due and owing to the person in whose favour the order is made and recoverable by him in any court of competent jurisdiction."; (c) omitting subsection (6) and substituting the following subsection:- "(6) A licence or a renewal of a licence shall not be granted to an individual who is disqualified from holding a licence or a certificate of registration."; (d) adding after subsection (10) the following subsection:- "(11) If the Committee refuses an application for a licence or for renewal of a licence, the secretary shall give the applicant written notice of- (a) the decision of the Committee; and (b) the provision of this Act, and the ground contained in the provision, whereby the application has been refused.". 17. Amendment of s. 19 . Restoration of licence . Section 19 of the Principal Act is amended by- (a) inserting in subsection (1) after the words "held the licence may" the words ", within three months after the date of expiry,"; (b) omitting from subsection (2) the words "who shall make such enquiry into the application as he shall see fit and report thereon to the Committee"; (c) omitting from subsection (3) the words "and the Committee may, if it thinks fit, issue to the applicant a temporary licence" and

Auctioneers and Agents Act Amendment Ac! 1985, No. 94 14 33 substituting the words "together with such additional fee (if any) as is prescribed in respect of an application for restoration of a licence"; (d) omitting subsections (4) and (5) and substituting the following subsections:- "(4) Upon an application for restoration of a licence being made pursuant to this section, the licence shall be deemed to have continued in force from the date on which it would, but for this subsection, have expired and shall be deemed to continue in force until such time as the Committee grants or refuses the application. (5) If the Committee grants an application for restoration of a licence, the licence shall be deemed to be renewed from and including the date on which it would, but for subsection (4), have expired.". 18. Repeal of s. 20. Variation of licence. The Principal Act is amended by repealing section 20. 19. Amendment of s. 21 . Fees for licences . Section 21 of the Principal Act is amended by- (a) in subsection (1), omitting provision (h); (b) adding at the end of the section the following subsections:- "(3) Upon the refusal or withdrawal of an application for a licence there shall be refunded to the applicant, or to any person who appears to the registrar to be entitled to the refund, the prescribed fees and the prescribed contribution to the Fund paid by the applicant in respect of the application. (4) Upon the refusal or withdrawal of an application for the renewal or restoration of a licence there shall be refunded to the applicant, or to any person who appears to the registrar to be entitled to the refund- (a) the prescribed fees for renewal of a licence paid by the applicant reduced by an amount equal to 1/12 of the prescribed fees; and (b) the prescribed contribution to the Fund reduced by an amount equal to 1/12 of the contribution, for each whole month during which the applicant's licence was deemed to continue in force pursuant to section 18 (4A) or, in the case of an application for restoration, section 19 (4). (5) Nothing in subsection (4) requires a refund to be made- (a) in any case where the applicant applied for the renewal of licences for two or more classes of business and the renewal of at least one licence is granted; (b) of any additional fee prescribed pursuant to section 19 (3) in respect of an application for restoration of a licence.

1434 Auctioneersand Agents Act .4mendinent Act 1985, No. 94 (6) If the Committee grants a licence or the renewal or restoration of a licence for a period of less than 12 months, there shall be refunded to the licensee, or to any person who appears to the registrar to be entitled to the refund- (a) the prescribed fees for an application for a licence or, as the case may be, the renewal or restoration of a licence reduced by an amount equal to 1/12 of the prescribed fees; and (b) the prescribed contribution to the Fund reduced by an amount equal to 1/12 of the contribution, for each whole month for which he was granted the licence or, as the case may be, the renewal or restoration of the licence.". 20. Repeal of s. 22. Cancellation of licence by Committee. The Principal Act is amended by repealing section 22. 21. Repeal of s. 22A. Suspension of licence by Committee. The Principal Act is amended by repealing section 22A. 22. Amendment of s. 23. Cancellation of licences generally. Section 23 of the Principal Act is amended by- (a) omitting from subsection (1) the words "or a person in respect of whom as an employee a licence is held by another person"; (b) omitting from subsection (3) the words "or any person in respect of whom as an employee a licence is held by another person" and all words from and including the words "or, as the case may be." to the end of the subsection; (c) omitting from subsection (4) the words "or to have a licence held under this Act by another person in respect of him as an employee," and all words from and including the words "or, as the case may be," to the end of the subsection; (d) omitting from subsection (6) the words "section 22" and substituting the words "Part VA". 23. Repeal of s. 24. Disqualification of former licensees , etc. The Principal Act is amended by repealing section 24. 24. Amendment of s. 25 . Register . Section 25 of the Principal Act is amended bv- (a) omitting from subsection (1) the word "variations" and substituting the word "suspensions"; (b) omitting subsection (5) and substituting the following subsection:- "(5) A certificate purporting to be signed by the registrar stating that a person was or was not on any date, or during any period, the holder of a licence shall be evidence and, in the

Auctioneers and Agents Act Amendment Act 1985, No. 94 143 5 absence of evidence to the contrary, conclusive evidence in all proceedings of the matters stated therein.". 25. Amendment of s. 26. Certain employees to be registered . Section 26 of the Principal Act is amended by omitting subsection (8) and substituting the following subsections:- "(8) Nothing in this section prevents- (a) a person who is the holder of a licence as a real estate agent , commercial agent or motor dealer or a manager's licence in respect of any such business from acting as, or notifying that he is available for employment as a real estate salesman or, as the case may be, a commercial sub-agent or a motor salesman; or (b) a licensee from employing a person, who is the holder of a licence or a manager's licence, referred to in paragraph (a), as a real estate salesman or, as the case may be, a commercial sub-agent or a motor salesman. (9) A person referred to in subsection (8) who obtains employment as a real estate salesman, commercial sub-agent or motor salesman shall forthwith notify the registrar of the address of his place of employment and the name of his employer and shall not, in the case of a person so employed who is the holder of a licence as a real estate agent, commercial agent or motor dealer- (a) carry on the business appropriate to his licence on his own behalf; or (b) act as an executive officer of a corporation that carries on a business of the same class as that in respect of which he is licensed, unless he has obtained the approval of the Committee to do so.". 26. Amendment of s. 27. Application for registration . Section 27 of the Principal Act is amended by- (a) inserting in subsection (1) after the word "renewal" the words "or restoration"; (b) omitting subsections (3) and (4) and substituting the following subsections:- "(3) Where an application is made for renewal or restoration of registration as a real estate salesman, commercial sub-agent or motor salesman, the registrar may, if he thinks fit, make, in respect of the applicant, further inquiries concerning the matters referred to in subsection (2) and shall, whether or not he makes any such inquiries, if satisfied that the applicant is not precluded by reason of any provision of this Act from being granted renewal or restoration, so certify to the Committee.

1436 Auctioneers and Agents Act Amendment Act 1985, No. 94 If the registrar is not so satisfied, he shall so certify to the Committee and report to the Committee his reasons for not being satisfied. (4) The registrar may, to assist him in carrying out any inquiries under subsection (2) or (3), obtain- (a) a report from the Commissioner of Police in respect of the applicant; and (b) if the applicant holds or previously held a licence or certificate of registration (or similar accreditation) in respect of the business of an auctioneer, a real estate agent, a motor dealer or a commercial agent in another State or Territory-a report from the appropriate licensing authority in that State or Territory.". 27. Amendment of s. 28. Grant of registration. Section 28 of the Principal Act is amended by- (a) omitting subsection (4) and substituting the following subsections:- "(4) A certificate of registration- (a) shall remain in force for a period of 12 months from and including the date on which it is issued unless renewed pursuant to this section; and (b) if renewed, shall, in respect of each renewal, remain in force for a period of 12 months from and including the date on which it would, but for the renewal, expire, unless- (i) the Committee grants the certificate or the renewal of the certificate for a shorter period; (ii) the certificate is sooner cancelled, suspended or surrendered; or (iii) the certificate is deemed to continue in force pursuant to subsection ( 4B) or section 29 (3). (4A) An application for the renewal of a certificate of registration shall be lodged with the registrar prior to the date on which the certificate would , but for the renewal , expire. (4B) If an application is made for the renewal of a certificate of registration pursuant to subsection ( 4A) and the Committee does not determine the application before the date on which the certificate would , but for renewal , expire , the certificate shall be deemed to continue in force from that date until such time as the Committee grants or refuses the application. (4C) If the Committee grants an application for the renewal of a certificate of registration after the date on which it would, but for subsection ( 4B), have expired, the licence shall be deemed to be renewed on and from that date.

Auctioneers and Agents Act Amendment Act 1985, No. 94 1437 (4D) A holder of a certificate of registration may surrender his certificate by giving written notice thereof in the prescribed form to the registrar and delivering his certificate to the registrar who shall endorse on it the word "surrendered" and note the record of registrations, kept by him pursuant to section 32, accordingly."; (b) in subsection (5), omitting paragraph (c) and substituting the following paragraphs:- "(c) the hearing of the application shall be an open hearing and the applicant and the objector shall each be entitled to appear at the hearing personally or by his counsel or solicitor; (d) at the hearing a barrister, solicitor, or other person appointed by the Committee, may appear to examine or cross-examine witnesses or to otherwise assist the Committee; (e) the Committee may make such order in respect of the costs of the hearing as it thinks fit and any costs so ordered shall be a debt due to the person in whose favour the order is made and recoverable by him in any court of competent jurisdiction."; (c) in subsection (6)- (i) in provision (c), inserting after the word "licence" the words "or certificate of registration"; (ii) omitting the expression "; or" at the end of provision (d) and substituting the expression"."; (iii) omitting provision (e); (iv) adding at the end of the subsection the following paragraph:- "Notwithstanding the provisions of the preceding paragraph, a certificate of registration shall not be granted to a person who has not- (i) completed, to the satisfaction of the Committee, such written examination as is , from time to time, set by the Committee unless exempted from such examination by the Minister on the recommendation of the Committee; and (ii) complied with such educational or other qualifications (if any) as are prescribed unless exempted by the Committee from such qualifications."; (d) adding at the end of the section the following subsection:- "(7) If the Committee refuses an application for registration or for renewal of registration, the secretary shall give the applicant written notice of- (a) the decision of the Committee; (b) the ground, contained in subsection (6), on which the application has been refused.". ^o

1438 Auctioneers and Agents Act Amendment Act 1985, No. 94 28. New s. 29. The Principal Act is amended by inserting after section 28 the following section:- "29. Restoration of certificate. (1) Where an application for renewal of a certificate of registration is not made before the date of expiry of the certificate, the person who held the certificate may, within three months after the date of expiry, apply for the restoration of the certificate by delivering an application in the prescribed form to the registrar. (2) Upon an application for restoration of a certificate of registration being made, the like fees as are payable on the renewal of the certificate shall be paid together with such additional fee (if any) as is prescribed in respect of an application for restoration of a certificate. (3) Upon an application for restoration of a certificate of registration being made pursuant to this section, the certificate shall be deemed to have continued in force from the date on which it would, but for this subsection, have expired and shall be deemed to continue in force until such time as the Committee grants or refuses the application. (4) If the Committee grants an application for-restoration of a certificate of registration, the certificate shall be deemed to be renewed from and including the date on which it would, but for subsection (3), have expired. (5) The provisions of section 28, shall, so far as they are applicable and with all necessary adaptations and modifications, apply to and in respect of an application for the restoration of a certificate of registration under this section in all respects as if the same were an application for a certificate or a renewal of a certificate.". 29. Amendment of s. 30. Fees. Section 30 of the Principal Act is amended by adding at the end of the section the following subsections:- "(3) Upon the refusal or withdrawal of an application for a certificate of registration, there shall be refunded to the applicant, or to any person who appears to the registrar to be entitled to the refund, the prescribed fees paid by the applicant when lodging the application. (4) Upon the refusal or withdrawal of an application for the renewal or restoration of a certificate of registration, there shall be refunded to the applicant, or to any person who appears to the registrar to be entitled to the refund, the prescribed fees for renewal of a certificate paid by the applicant reduced by an amount equal to 1/ 12 of the prescribed fees for each whole month during which the applicant's certificate was deemed to continue in force pursuant to section 28 (4B) or, in the case of an application for restoration, section 29 (3). (5) If the Committee grants a certificate of registration or the renewal or restoration of a certificate for a period of less than 12 months, there shall be refunded to the holder of the

Auctioneers and Agents Act Amendment Act 1985, No. 94 1439 certificate, or to any person who appears to the registrar to be entitled to the refund, the prescribed fees for an application for a certificate or, as the case may be, the renewal of a certificate reduced by an amount equal to 1/12 of the prescribed fees for each whole month for which he was granted the certificate or, as the case may be, the renewal or restoration of the certificate. (6) Nothing in subsection (4) or (5) requires a refund to be made of any additional fee prescribed in respect of an application for restoration of a certificate.". 30. Repeal of s. 31. Cancellation of registration by Committee. The Principal Act is amended by repealing section 31 and substituting the following section:- "31. Cancellation of registration generally. (1) If the holder of a certificate of registration is convicted of an indictable offence (whether by jury or summarily) that exhibits fraud or dishonesty on the offender's part or that constitutes an assault, whether sexual or not, the certificate of the convicted person shall ipso facto be deemed to be cancelled. (2) If the holder of a certificate of registration is convicted of an offence against this Act, the court may, if it thinks fit, in addition to any other penalty or punishment, cancel the certificate of the convicted person and may further order that he be disqualified either permanently or for such period as the court may order from holding a certificate of registration under this Act. (3) Where any court is of opinion that any person (being the holder of a certificate of registration) who has been charged before that court with any offence, or who is a party to any proceeding before that court, is not a fit and proper person to hold a certificate of registration, the court may, in addition to any other order, cancel the certificate and may further order that he be disqualified either permanently or for such period as the court may order from holding a certificate of registration under this Act. (4) Where the court pursuant to subsection (2) cancels a certificate of registration or, upon application for cancellation, refuses to cancel a certificate of registration an appeal shall lie in all respects and in the same manner as if an order of cancellation of a certificate were an imposition of a penalty or punishment. (5) Where a certificate of registration held by a person is cancelled pursuant to this section, or pursuant to Part VA, the person shall not, from the time of cancellation, act as, or notify that he is available for employment as, a real estate salesman, commercial sub-agent or motor salesman. (6) Where a court, pursuant to this section, cancels a certificate of registration, the registrar or clerk of the court shall advise the Registrar of Auctioneers and Agents of the order of cancellation within 7 days after the making of the order.".

1440 Auctioneers and Agents Act Amendment Act 1985, No. 94 31. Repeal of s. 31A. Suspension of certificate of registration by Committee . The Principal Act is amended by repealing section 31A. 32. Amendment of s. 32. Record of registration . Section 32 of the Principal Act is amended by- (a) inserting in subsection (1) after the word "renewals" the words ", restorations, suspensions"; (b) omitting subsection (2) and substituting the following subsection:- "(2) A certificate purporting to be signed by the registrar stating that a person was or was not on any date, or during any period, the holder of a certificate of registration shall be evidence and. in the absence of evidence to the contrary, conclusive evidence in all proceedings of the matters stated therein.". 33. Amendment of s. 33. Restriction on employment of certain other persons . Section 33 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the word "licence" wherever occurring the words "or certificate of registration" in each case; (ii) inserting after the word "permanently" the words "or temporarily"; (b) in subsection (2), inserting after the words "specified in the approval" the words "and may, at any time, revoke the approval or amend or revoke such conditions or impose further conditions"; (c) in subsection (4), omitting paragraph (a) and substituting the following paragraph:- "(a) a refusal of an application for renewal or restoration of a licence or certificate of registration shall be deemed to be a refusal of a licence or, as the case may be, a certificate of registration;"; (d) omitting subsection (5) and substituting the following subsection:- "(5) A certificate purporting to be signed by the secretary stating that the Committee, under this section- has granted its approval and the conditions (if any) imposed in respect of granting its approval; or has refused to grant its approval, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence in all proceedings of the matters stated therein.".

Auctioneers and Agents Act Amendment Act 1985, No. 94 1441 34. Amendment of s. 34 . General auctioneers ' licences. Section 34 of the Principal Act is amended by, in subsection (1)- (a) inserting after the words "a general auctioneer's licence" the words ", or the renewal or restoration of a general auctioneer's licence,"; (b) omitting provision (d) and substituting the following provision:- "(d) does not have business premises complying with the prescribed requirements (if any) unless exempted from this requirement by the Minister;"; (c) adding at the end of the subsection the following paragraph:- "Notwithstanding the provisions of the preceding paragraph, a general auctioneer's licence shall not be granted to a person who has not- (i) completed, to the satisfaction of the Committee, such written examination as is, from time to time, set by the Committee unless exempted from such examination by the Minister on the recommendation of the Committee; and (ii) complied with such educational or other qualifications as are prescribed unless exempted by the Committee from such qualifications.". 35. Amendment of s. 35. Provisional auctioneers ' licences . Section 35 of the Principal Act is amended by- (a) in subsection (2), omitting paragraph (b) and substituting the following paragraph:- "(b) notwithstanding the provisions of section 18, may be renewed on not more than two occasions;"; (b) omitting subsection (3) and substituting the following subsection:- "(3) The holder of a provisional auctioneer's licence shall not- (a) carry on or advertise, notify or state that he carries on, on his own behalf, the business of an auctioneer; or (b) subject to subsection (4A), receive, hold, or deal with in any manner whatever moneys in respect of any sale conducted by him under the authority of that licence."; (c) in subsection (4), omitting the word "The" and substituting the words "Subject to subsection (4A), the"; (d) inserting after subsection (4) the following subsection:- "(4A) The holder of a provisional auctioneer's licence who is also the holder of another licence in respect of which he operates a trust account in accordance with this Act may receive,

1442 Auctioneers and Agents Act Amendment Act 1985, No. 94 hold and deal with moneys in respect of any sale conducted by him as the holder of a provisional auctioneer's licence and shall in connexion therewith comply with such of the provisions of Part VI as are applicable to such moneys."; (e) in subsection (6)- (i) inserting after the words "A provisional auctioneer's licence" the words ", or the renewal or restoration of a provisional auctioneer's licence,"; (ii) in provision (b), omitting the words "twenty-one" and substituting the expression "18"; (iii) adding at the end of the subsection the following paragraph:- "Notwithstanding the provisions of the preceding paragraph, a provisional auctioneer's licence shall not be granted to an applicant who has not completed, to the satisfaction of the Committee, such written examination as is, from time to time, set by the Committee unless exempted from such examination by the Minister on the recommendation of the Committee.". 36. Amendment of s. 36. Restricted auctioneers ' licences . Section 36 of the Principal Act is amended by. in subsection (4)- (a) inserting after the words "a restricted auctioneer's licence" the words ", or the renewal or restoration of a restricted auctioneer's licence,"; (b) omitting provision (d) and substituting the following provision:- "(d) does not have business premises complying with the prescribed requirements (if any) unless exempted from this requirement by the Minister;"; (c) adding at the end of the subsection the following paragraph:- "Notwithstanding the provisions of the preceding paragraph, a restricted auctioneer's licence shall not be granted to an applicant who has not- (i) completed, to the satisfaction of the Committee, such written examination as is , from time to time, set by the Committee unless exempted from such examination by the Minister on the recommendation of the Committee; and (ii) complied with such educational or other qualifications as are prescribed unless exempted by the Committee from such qualifications.".

Auctioneers and Agents Act Amendment Act 1985, No. 94 1443 37. Amendment of s. 42. Real estate agents' licences. Section 42 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the words "real estate agent 's licence" the words ", or the renewal or restoration of a real estate agent's licence,"; (ii) omitting provision (d) and substituting the following provision:- "(d) does not have business premises complying with the prescribed requirements (if any);"; (iii) adding at the end of the subsection the following paragraph:- "Notwithstanding the provisions of the preceding paragraph, a real estate agent 's licence shall not be granted to an applicant who has not- (i) completed, to the satisfaction of the Committee, such written. examination as is, from time to time, set by the Committee unless exempted from such examination by the Minister on the recommendation of the Committee; and (ii) complied with such educational or other qualifications as are prescribed unless exempted by the Committee from such qualifications."; (b) omitting subsections (2) and (3) and substituting the following subsections:- "(2) Where an applicant, whether or not he is a managing agent within the meaning of the Building Units and Group TitlesAct 1980-1984, wishes to carry on business as a real estate agent restricted to the letting of lots in a building in which he resides or will, if granted a licence, reside, the Committee shall exempt him from the educational and any other qualifications prescribed pursuant to provision (ii) of subsection (1) and may grant him a licence if he- (a) complies with the requirements mentioned in provisions (b), (c), (e) and (i) of subsection (1); (b) has an office in that building, from which he will carry on business if granted a licence or satisfies the Committee that he will have such an office before he commences to carry on business; and (c) has entered into an agreement in writing with the body corporate (within the meaning of the BuildingUnits and Group Titles Act 1980-1984) of the building authorizing him to carry on the business. (3) The Committee may grant the renewal or restoration of a licence granted pursuant to subsection (2) if the applicant- (a) continues to reside in the building mentioned in the endorsement shown on his licence pursuant to subsection (4) (a); (b) complies with the requirements mentioned in provisions (c) and (e) of subsection (1) and provisions (b) and (c) of subsection (2).

1444 Auctioneers and Agents Act Amendment Act 1985, No. 94 (4) If the Committee grants a real estate agent's licence pursuant to subsection (2), or the renewal or restoration of a real estate agent's licence pursuant to subsection (3)- (a) the licence, or renewal or restoration, shall be granted subject to the condition, to be endorsed on the licence, that the holder, in carrying on business as a real estate agent, is restricted to the letting of lots in a building specified in the condition; and (b) the holder of the licence shall, in carrying on business as a real estate agent, comply in every respect with the condition endorsed on the licence as mentioned in paragraph (a) and shall not act in any manner as a real estate salesman.". 38. Repeal of s. 42A. Reciprocity in grant of licences . The Principal Act is amended by repealing section 42A. 39. New s. 43. The Principal Act is amended by inserting before section 44 the following section:- "43. Sole agencies , multiple listings , etc. (1) A person licensed to carry on business as a real estate agent (other than a person licensed pursuant to subsection (2) or (3) of section 42) may agree in writing to act as ageht for the sale of any property upon the terms that he is to be paid commission if the property is sold by him or by any other person (including his principal) whether or not, in order to facilitate the sale of the property, he is authorized or required to give particulars of it to other real estate agents. (2) A person licensed to carry on business as a real estate agent shall not make an agreement of the kind referred to in subsection (1) unless, before making the agreement, he- (a) completes, in duplicate, a statement in the prescribed form; (b) gives one copy of the statement to his principal; and (c) retains the other copy after obtaining from his principal an acknowledgement on it of receipt of a copy of the statement. Penalty: in the case of an individual- $5 000; in the case of a corporation-$10 000. (3) If a person licensed to carry on business as a real estate agent commits an offence against subsection (2) and the property, in respect of which the agreement is made, is sold by a person other than the licensee, or his partner or employee, the agreement shall be void and the licensee shall not be entitled to be paid any commission in respect of the sale.".

Auctioneers and Agents Act Amendment Act 1985, No. 94 1445 40. Repeal of s. 44. Bogus advertisements . The Principal Act is amended by repealing section 44 and substituting the following section:- "44. Bogus advertisements . (1) No person who is the holder of a real estate agent's licence shall falsely advertise or falsely represent that he has real or personal property for sale or that he has real property for letting or is able to supply particulars of real property for sale or letting. (2) If a person is charged with an offence against subsection (1), it shall be a sufficient defence if the person charged proves that, in relation to the false advertisement or false representation, he had reasonable grounds for believing and did in fact believe that the advertisement or representation was true. Penalty: in the case of an individual-$5 000; in the case of a corporation-$ 10 000.". 41. Amendment of s. 46 . Commercial agents ' licences. Section 46 of the Principal Act is amended by, in subsection (1)- (a) inserting after the words "A commercial agent's licence" the words ", or the renewal or restoration of a commercial agent's licence,"; (b) omitting provision (d) and substituting the following provision:- "(d) does not have business premises complying with the prescribed requirements (if any);"; (c) adding at the end of the subsection the following paragraph:- "Notwithstanding the provisions of the preceding paragraph, a commercial agent's licence shall not be granted to an applicant who has not- (i) completed, to the satisfaction of the Committee, such written examination as is, from time to time, set by the Committee unless exempted from such examination by the Minister on the recommendation of the Committee; and (ii) complied with such educational or other qualifications as are prescribed unless exempted by the Committee from such qualifications.". 42. Amendment of s. 47. Licence not to confer additional powers. Section 47 of the Principal Act is amended by- (a) in subsection (1), inserting after the words "no commercial agent" the words ", person who holds a manager's (commercial agency) licence"; (b) in subsection (2), inserting after the words "No commercial agent" the words ", person who holds a manager's (commercial agency) licence".

1446 Auctioneers and Agents Act Amendment Act 1985, No. 94 43. Amendment of s. 48. Production of licences , etc. Section 48 of the Principal Act is amended by- (a) inserting after the words "A commercial agent" the words ", a person who holds a manager 's (commercial agency) licence"; (b) in paragraph ( a), inserting after the words "the registrar," the word "a": (c) in paragraph (b), omitting the words "his functions as" and substituting the words "any of the functions of'. 44. New s. 51. The Principal Act is amended by inserting after section 50 the following section:- "51. Falsely pretending to be a commercial agent. (1) No creditor, when dealing with a debtor for payment of a debt, shall assume or adopt any name, title or description, or use any document or device, calculated to induce the debtor to believe that he is not dealing directly with the creditor, but with some other person acting on his behalf. Penalty: in the case of an individual- $5 000; in the case of a corporation-$ 10 000. (2) No person (whether or not he is a licensed commercial agent, the holder of a manager's (commercial agency) licence or a registered commercial sub-agent) shall supply or lend any document or form to another person for the purpose of enabling that other person to induce a debtor to believe that he is not dealing directly with the creditor, but with some other person acting on his behalf. Penalty: in the case of an individual- $5 000; in the case of a corporation-$ 10 000. 45. Amendment of s. 54 . Motor dealers ' licences . Section 54 of the Principal Act is amended by, in subsection (1)- (a) inserting after the words "A motor dealer's licence" the words ", or the renewal or restoration of a motor dealer's licence,"; (b) omitting provision (d) and substituting the following provision:- "(d) does not have business premises complying with the prescribed requirements (if any);"; (c) adding at the end of the subsection the following paragraph:- "Notwithstanding the provisions of the preceding paragraph a motor dealer's licence shall not be granted to an applicant who has not- (i) completed, to the satisfaction of the Committee, such written examination as is , from time to time, set by the Committee unless exempted from such

Auctioneers and Agents A ct Amendment Act 1985, No. 94 1447 examination by the Minister on the recommendation of the Committee; and (ii) complied with such educational or other qualifications as are prescribed unless exempted by the Committee from such qualifications.". 46. Amendment of s. 55. Register to be kept by licensees . Section 55 of the Principal Act is amended by, in subsection (2), inserting after the words "the registrar," the word "a". 47. Amendment of s. 56. Inspection of used motor vehicles. Section 56 of the Principal Act is amended by- (a) in subsection (1), inserting after the words "the registrar," the word "a"; (b) in subsection (2). inserting after the words "the registrar," the word "a". 48. Repeal of s. 57. Information to be given to purchasers. The Principal Act is amended by repealing section 57 and substituting the following section:- "57. Guarantee of title . If a used motor vehicle is sold by or on behalf of a motor dealer, whether by auction or any other mode of sale, the motor dealer- (a) shall be deemed, at the time of sale, to guarantee clear title to the motor vehicle to the purchaser; and (b) shall ensure that the purchaser is given, at the time of sale, a duly completed statement in writing in the prescribed form and obtain from him an acknowledgement in writing of receipt of the statement.". 49. New ss. 58 and 58A. The Principal Act is amended by inserting after section 57 the following sections:- "58. Statement of vendor . (1) Subject to subsection (2). a motor dealer shall, when purchasing a motor vehicle or accepting a motor vehicle on consignment. obtain from the vendor or, as the case may be, his principal, a statement in duplicate setting out such information as may be prescribed, signed by the vendor or principal, and shall retain one copy and give the other to the vendor or principal. (2) It shall not be necessary for a motor dealer to comply with subsection (1) in respect of a transaction between himself and- a financier of the business of the motor dealer; or another motor dealer. 58A. Each place of business to be approved . A licensed motor dealer shall not carry on business at a place other than the business premises referred to in his application for a licence

1448 Auctioneers and Agents Act Amendment Act 1985, No. 94 or for renewal or restoration of a licence unless he lodges an application in the prescribed form with the registrar and satisfies the Committee that he has business premises at that other place that comply with the requirements prescribed for the purposes of provision (d) of section 54 (1). Penalty: in the case of an individual-$5 000; in the case of a corporation-$ 10 000.". 50. New s. 60A. The Principal Act is amended by inserting after section 60 the following section:- "60A. Production of licences , etc. A motor dealer, a holder of a manager's (motor dealing) licence or a motor salesman shall, on demand, produce his licence or, as the case may be, certificate of registration, for inspection- (a) to the registrar, a deputy registrar, an assistant registrar. an inspector, or to a member of the Police Force; and (b) to any person with whom he has dealings when performing any of the functions of a motor dealer or. as the case may be, a motor salesman.". 51. Amendment of s. 62. Restriction on agents purchasing property. Section 62 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, inserting after the word "purchasing" the words " or selling"; (b) adding at the end of subsection (1) the following words:- "Penalty: in the case of an individual- $5,000; in the case of a corporation-$ 10,000."; (b) omitting subsection (2) and substituting the following subsections:- "(2) An auctioneer , a real estate agent , motor dealer or an employee of any such person, who has for sale any property that is owned by him or in which he is beneficially interested shall, before making any agreement in respect of the sale of the property, notify the prospective purchaser in the prescribed form of his interest therein and obtain from him an acknowledgement of receipt of the notice. (3) Where an offence against subsection (1) has been committed, the auctioneer, real estate agent , motor dealer or other person shall, upon conviction, and in addition to any other penalty the court may impose, be ordered by the court to pay over to his principal such amount in respect of profits resulting from the purchase in respect of which the offence was committed as is determined by the court. (4) For the purpose of making a determination pursuant to subsection (3), the court- (a) shall have all the powers, authority, protection and jurisdiction of a Commission of Inquiry under The

Auctioneers and Agents A ct Amendment Act 1985, No. 94 1449 Commissions of Inquiry Acts, 1950 to 1954, save any such powers , authority , protection and jurisdiction as are, by those Acts , confined to a chairman, being a Judge of the Supreme Court; and (b) may order that the property be valued by a person appointed by the court for that purpose and- in the case of real property, that the person so appointed be allowed access to the property at such times as are specified in the order; or in the case of any other property, that the property be produced at such time and place and by such person as are specified in the order, to enable the valuation to be made. A person who fails to comply with an order made under paragraph (b) or who obstructs or attempts to obstruct a person appointed by the court under that paragraph in making his valuation shall be guilty of an offence against this Act. (5) Where a court makes a determination pursuant to subsection (3), it may order that the person convicted pay such costs of and incidental to the making of the determination as it thinks fit. (6) Where a court makes or refuses to make an order pursuant to subsection (3), an appeal shall lie in all respects and in the same manner as if the court had imposed a penalty or a punishment. (7) Where an order for the payment of an amount in respect of profits or costs is made pursuant to this section. an order that, upon default in payment of the amount the person in default be imprisoned or that the amount thereof be recovered by levy and distress shall not be made, but the following provisions of this section shall apply in relation to the recovery thereof. (8) Where an order referred to in subsection (7) is made the clerk of magistrates courts or other person having custody of the record of the proceeding in which the order was made shall furnish to the principal, a certificate of the order in the prescribed form and that certificate may be registered in a court having jurisdiction to entertain civil proceedings in which the amount claimed is the amount of the order. (9) The registrar of a court to whom a certificate referred to in subsection (8) is duly produced for registration shall, upon payment of the appropriate fee, register the certificate in the court and thereupon the certificate shall be a record of the court in which it is registered and the order to which it refers shall be deemed to be a judgment of that court, duly entered, obtained by the person to whom the certificate was furnished as plaintiff

1450 .-auctioneers and Agents Act .4mendment Act 1985, No. 94 against the person in default as defendant for the payment to the plaintiff of money comprising- (a) the amount ordered to be paid in respect of profits; (b) any costs ordered to be paid by the person in default in the proceeding in which the order was made in respect of profits; and (c) costs of registration of the certificate in the court. to the intent that like proceedings (including proceedings in bankruptcy) may be taken to recover the amount of the judgment as if the judgment had been given by such court in favour of the plaintiff.". 52. Amendment of s. 63. When agent prohibited from having interest in option to purchase land. Section 63 of the Principal Act is amended bv- (a) adding at the end of subsection (1) the following words:- "Penalty: in the case of an individual- $5,000; in the case of a corporation-$10,000.", (b) adding at the end of subsection (2) the following words:- "Penalty: in the case of an individual- $5,000; in the case of a corporation-$10,000."; (c) adding at the end of the section the following subsections:- "(4) Where an offence against subsection (1) or (2) has been committed. the auctioneer or real estate agent shall, upon conviction, and in addition to any other penalty the court may impose, be ordered by the Court to pay over to his principal such amount in respect of profits resulting from his obtaining the option in respect of which the offence was committed as is determined by the court. (5) Where a court makes a determination pursuant to subsection (4), it may order that the person convicted pay such costs of and incidental to the making of the determination as it thinks fit. (6) For the purposes of making a determination and enforcing an order pursuant to subsection (4) or (5), the provisions of subsections (4), (7), (8) and (9) of section 62 shall apply with all necessary modifications. (7) Where a court makes or refuses to make an order pursuant to subsection (4). an appeal shall lie in all respects and in the same manner as if the court had imposed a penalty or a punishment.". 53. Repeal of s. 64. Beneficial interest . The Principal Act is amended by repealing section 64 and substituting the following section:- "64. Beneficial interest. (1) In this section, in respect of any person, the expression "prescribed relative" means the spouse, parent, brother, sister or child of that person.

Auctioneers and Agents Act Amendment Act 1985, No. 94 1451 (2) For the purposes of- section 62, an auctioneer, a real estate agent or motor dealer shall be deemed to be beneficially interested in the purchase or sale of property; section 63, an auctioneer or real estate agent shall be deemed to be beneficially interested in an option to purchase land, if the purchase or sale is made or, as the case may be, the option is obtained, on behalf of- (a) where the auctioneer, real estate agent or motor dealer is an individual- (i) that individual or a prescribed relative of that individual; (ii) a corporation of which that individual or a prescribed relative of that individual is an executive officer; or (iii) a corporation, having not more than 100 members, of which that individual or a prescribed relative of that individual is a member; (b) where the auctioneer, real estate agent or motor dealer is a corporation- (i) that corporation or any executive officer or a prescribed relative of any executive officer of that corporation; (ii) if the corporation has not more than 100 members, any member or a prescribed relative of any member of that corporation; (iii) another corporation that has at least one executive officer in common with the corporation firstmentioned; or (iv) another corporation, having not more than 100 members, of which the corporation firstmentioned is a member or having at least one member in common with the corporation firstmentioned; (c) where the auctioneer, real estate agent or motor dealer carries on business as such as a member of a firm or partnership-any person who is a member of the firm or partnership or a prescribed relative of any member; or (d) any person carrying on for profit or gain a business if the auctioneer, real estate agent or motor dealer (or a prescribed relative of the auctioneer, real estate agent or motor dealer) has, directly or indirectly, a right to participate in the income or profits of the business of that person. (3) For the purposes of section 62, an employee of an auctioneer, real estate agent or motor dealer shall be deemed to

1452 Auctioneers and Agents Act Amendment Act 1985, No. 94 be beneficially interested in the purchase or, as the case may be, sale of property if the purchase or sale is made on behalf of- (a) the employee or a prescribed relative of the employee; (b) a corporation (not being a corporation consisting of more than 100 members), body or association of persons, firm or partnership, carrying on business for profit or gain, of which the employee or a prescribed relative of the employee is a member; (c) any person carrying on for profit or gain a business if the employee (or a prescribed relative of the employee) has, directly or indirectly, a right to participate in the income or profits of the business of that person. (4) To allay any doubt it is declared that any reference in- section 62 and this section to auctioneer, real estate agent or motor dealer; or section 63 to auctioneer or real estate agent, includes reference to a corporation that acts as or carries on the business of an auctioneer, real estate agent or motor dealer, as the case may be, unless, with respect to such references in this section, a contrary intention appears.". 54. Amendment of s. 65. False representations as to property. Section 65 of the Principal Act is amended by- (a) in subsection (1), adding at the end of the subsection the following words:- "Penalty: in the case of an individual- $5 000; in the case of a corporation-$10 000."; (b) inserting after subsection (1) the following subsection:- "(1A) No real estate agent or employee of a real estate agent shall make or give to any person, or publish or cause to be published, any statement or representation that is false or misleading (whether to his knowledge or not) concerning any real property that is available for letting. Penalty: in the case of an individual- $5 000; in the case of a corporation-$10 000.". (c) in subsection (2), inserting after the expression "subsection (1)" the expression "or (IA)"; (d) in subsection (4)- (i) inserting after the words " against subsection (1)" the expression "or (lA)"; (ii) inserting in provision (b) after the words "did not buy" the words "or, in the case of an offence against subsection (lA), that the property was not let as a result of the statement or representation".

Auctioneers and Agents Act Amendment Act 1985, No. 94 1453 55. Amendment of s. 66. Representations as to availability of finance. Section 66 of the Principal Act is amended by- (a) omitting subsection (4) and substituting the following subsection:- "(4) If, in respect of the sale of any land, whether improved or unimproved- by an auctioneer by auction; or by a real estate agent whether as such or as a principal, finance for defraying in whole or in part the purchase price, or any amount or instalment of that finance, is not made available to the purchaser in compliance in every respect with any representation, promise, or term made or offered to the purchaser by, or by an employee of, that auctioneer or real estate agent, then, if the purchaser has been thereby materially affected, he may at his option avoid the contract made by him in respect of the sale by notice in writing given either to the seller or to the auctioneer or real estate agent concerned at any time before the time at which the purchaser is required by the contract to pay all of the outstanding purchase price or forthwith after that time."; (b) in subsection (5), omitting the word "voidance" and substituting the word "avoidance"; (c) in subsection (9)- (i) omitting the words "one thousand dollars" and substituting the expression "$5.000"; (ii) omitting the words "five thousand dollars" and substituting the expression "$10,000". 56. Amendment of s. 68 . Lands not lawfully usable for residential purposes . Section 68 of the Principal Act is amended by. in subsection (9)- (a) omitting the words "one thousand dollars" and substituting the expression "$5,000": (b) omitting the words "five thousand dollars" and substituting the expression "$10,000". 57. Amendment of s. 70 . Restriction on remedy for commission. Section 70 of the Principal Act is amended by, in subsection (1)- (a) in provision (a), omitting the words "he is" and substituting the words "at the time of the transaction he was"; (b) in provision (b), omitting the words "it is the holder of a corporation licence under this Act, and has" and substituting the words "it was, at the time of the transaction, the holder of a corporation licence under this Act and".

1454 Auctioneers and .Agents Act Amendment Act 1985, No. 94 58. New s . 70A. The Principal Act is amended by inserting after section 70 the following section:- "70A. Offence to charge fee for preparing document . Without derogating from the provisions of section 41 of the SupremeCourt Act of 1867 or section 39 of the Queensland Law Society Act 1952-1980. an auctioneer, a real estate agent, a commercial agent. a motor dealer or an employee of any such person shall not charge any fee in connexion with the preparation, provision or completion of any document in respect of any transaction relating to the business of the auctioneer, real estate agent, commercial agent or motor dealer.". 59. Amendment of s. 71. Offence to demand excess or improper remuneration . Section 71 of the Principal Act is amended by, in subsection (1)- (a) omitting the words "five hundred dollars nor less than fifty dollars" and substituting the words "$5 000 nor less than $500"; (b) omitting the word "six" occurring before the word "months" and substituting the expression "12": (c) omitting the words "one thousand dollars nor less than one hundred dollars" and substituting the words "$10 000 nor less than $1 000". 60. Amendment of s. 71A. Prohibited practices . Section 71A of the Principal Act is amended by- (a) in subsection (1), adding after the words "real estate agent's licence" the words "and has obtained the consent of the landlord or, as the case may be, the vendor to supply the particulars"; (b) in subsection (2), omitting the words "or similar publication circulating generally in the State or part of the State" and substituting the words "within the meaning of the Printing and Newspapers Act1981". 61. Repeal of s. 76. Effect of disqualification on membership of corporation . The Principal Act is amended by repealing section 76 and substituting the following section:- "76. Effect of disqualification on membership of corporation or partnership . (1) A person disqualified from holding a licence or certificate of registration under this Act shall not, while his disqualification continues, become or continue to be an executive officer of a corporation, or a member of a partnership, carrying on business in the State as an auctioneer, a real estate agent, a commercial agent or a motor dealer. Penalty: $5 000. (2) A person disqualified, pursuant to an order made under Part VA, from being an executive officer of a corporation that is the holder of a corporation licence shall not, while his

Auctioneers and Agents Act Amendment Act 1985, No. 94 1455 disqualification continues, become or continue to be an executive officer of such a corporation. Penalty: $5 000.". 62. Amendment of s. 77. Lending licence or certificate of registration. Section 77 of the Principal Act is amended by adding at the end of the section the following words:- "Penalty: in the case of an individual- $5,000; in the case of a corporation-$ 10,000."; 63. Amendment of s. 80. Registered office and address . Section 80 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- "(1) Every person who is the holder of a licence or certificate of registration under this Act shall have a registered office in the State."; (b) in subsection (2), omitting the words ", upon the grant, renewal, restoration, or variation of the license" and substituting the words "shall (subject to a change of registered office notified pursuant to subsection (4)), upon the grant, renewal or restoration of the licence": (c) omitting subsection (3) and substituting the following subsections:- "(3) The address specified in the application for a manager's licence or a certificate of registration as the address at which the person will be employed shall (subject to a change of registered office notified pursuant to subsection (4)), upon the grant, renewal. or restoration of the licence or certificate be. for the purposes of this Act, the registered office of that person. (3A) Notwithstanding the provisions of- (a) subsection (2), if a licensee (other than the holder of a manager 's licence) is employed as the person in charge of a place of business or of a class of business at a place of business; or (b) subsection (2) or (3), if a licensee (including the holder of a manager's licence) is employed as an auctioneer, a real estate salesman. a motor salesman, or a commercial sub-agent. as the case may be, at a place of business, at which another licensee carries on business as such, that place of business shall (subject to a change of registered office notified pursuant to subsection (4)), for the purposes of this Act, be the registered office of the licensee so employed.": (d) omitting subsection (4) and substituting the following subsection:- "(4) Notice in the prescribed form of any change in the situation of a registered office shall be lodged by the licensee or,

Auctioneers and Agents Act Amendment Act 1985, No. 94 1465 Account operated by him before he disburses that money pursuant to this section"; (e) in subsection (8), omitting the words "trust account" and substituting the words `'general trust account or Special Deposits Trust Account"; (f) in subsection (9), omitting the words "trust account" and substituting the words "general trust account or Special Deposits Trust Account"; (g) in subsection (10), inserting after the words "Moneys paid" the words ", or required to be paid,". (h) adding at the end of the section the following subsection:- "(12) A person who commits an offence against this section shall be liable- in the case of an individual-to a penalty not exceeding $ 5 000; in the case of a corporation-to a penalty not exceeding $10 000.". 67. Amendment of s. 85. Wrongful conversion and false accounts. Section 85 of the Principal Act is amended by- (a) in the general words following provision (b), inserting after the words "shall be liable" the words "upon conviction upon indictment"; (b) omitting the words " five thousand dollars" and substituting the expression "$10 000". 68. Amendment of s. 87. Appointment of auditors . Section 87 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- "(3) If an auditor resigns his appointment or if the licensee terminates the appointment- (a) each of them shall immediately notify the registrar of the resignation or, as the case may be, the termination of the appointment, and of the reasons for resigning or terminating the appointment; and (b) the licensee shall, within one month after the resignation or termination of the appointment takes effect, forward to the registrar a notification (endorsed in accordance with subsection (2)) of the name and address of another auditor appointed by him for the purposes of this Act.".

1466 Auctioneers and Agents Act Amendment .4ct 1985, No. 94 69. Amendment of s. 89 . Audit of trust accounts . Section 89 of the Principal Act is amended by- (a) in subsection (I)- (1) omitting all words from and including the words "Every licensee required" to and including the words "deemed to have notice-" and substituting the following words:- "In this subsection. the expression "said month " means- in respect of a licence granted before the commencement of the Auctioneers and Agents Act Amendment .4ct 1972, the same month in any year as the eighth month after the month in which the licence was first renewed after that commencement: or in respect of a licence granted after that commencement. the eighth month after the month in which the licence was granted and the same month in each subsequent year, or such other month as the registrar may specify by written notice given to the licensee. A licensee required under this Act to open and maintain a trust account shall, within two months after the last day of the said month in each year. or within such abridged or extended time after that day as the registrar may, from time to time. generally direct by notification in the Gazette (of which every licensee shall be deemed to have notice) or direct in any particular case by written notice given to the licensee-"; (ii) in paragraph (a), omitting the word "the" where first occurring after the words "immediately preceding"; (iii) omitting provision (e) and substituting the following provision:- "(e) lodge such report and statement with the registrar."; (iv) in the words occurring after provision (e), omitting the words "send a report of the result of the audit of his trust account or trust accounts to" where twice occurring and substituting the words "lodge a report of the result of the audit of his trust account or trust accounts with" in each case; (b) in subsection (4) omitting provision (iii) and substituting the following provision and words:- "(iii) lodge such report with the registrar, and shall, unless exempted from so doing by the registrar, in each succeeding year, within two months after the day (hereafter referred to in this

Auctioneers and Agents Act Amendment Act 1985, No. 94 1467 subsection as the "relevant day") that is the anniversary of the day on which he ceased to carry on business or act as a licensee- (a) cause his trust account or trust accounts to be audited by his auditor for the period of 12 months immediately preceding the relevant day in that year; (b) obtain from his auditor a report of the result of that audit; and (c) lodge such report with the registrar.". 70. Amendment of s. 90. Inspection , audit, etc ., by registrar or inspector . Section 90 of the Principal Act is amended by- (a) in subsection (1)- (i) in the general words preceding paragraph (a), omitting the words "required under this Act to open and maintain a trust account" and substituting the words ", a partner of a licensee or any person employed by or apparently employed by a licensee"; (ii) in paragraph (a), omitting provisions (i) and (ii) and substituting the following provisions:- "(1) all trust accounts and all documents (including all authorities and orders to banks or other financial institutions) relating to those trust accounts or such of those trust accounts or documents as he may specify; (ii) all books, accounts and records in connexion with the licensee's business as a licensee or such of those books. accounts or records as he may specify:"; (iii) omitting the word "and" occurring between provisions (aa) and (b) and substituting the word "or": (b) in subsection (2), in provision (a) (i). omitting the words "a transaction by or with a licensee in connexion with the" and substituting the word "a"; (c) in subsection (3), inserting after the word "subsection" the expression "(1) or"; (d) inserting after subsection (5) the following subsection:- "(5A) The registrar, or an inspector, or any person appointed in that behalf by the Minister may- (a) question any person for the purpose of determining whether the provisions of this Act have been. or are being, complied with, (b) for the purpose of questioning any person, as authorized by paragraph (a), require that person to attend before him at such times and places as are specified by him.".

1468 Auctioneers and Agents Act Amendment Act 1985, No. 94 (e) in subsection (6), in paragraph (c), omitting all words from and including the words "with respect to any book" to but not including the words "give an answer"; (f) omitting subsection (7) and substituting the following subsection:- "(7) A person guilty of an offence against this section shall be liable to a penalty of not more than $2 000 and not less than $200 or to imprisonment for not more than six months, or to both such fine and imprisonment, and, on a second or subsequent offence, to a penalty of not more than $5 000 and not less than $500 or to imprisonment for twelve months, or to both such fine and imprisonment."; (g) in subsection (8), omitting all words from and including the words "and delivered to him personally" to the end of the subsection. 71. Amendment of s. 91. Duties of bank managers . Section 91 of the Principal Act is amended by- (a) in subsection (I)- (i) in the general words preceding paragraph (a), omitting the words "with which a licensee has deposited any moneys whether in his own account or in any general trust account or separate trust account" and substituting the words "or other financial institution with which trust moneys have been deposited whether to a trust account or any other account"; (ii) omitting paragraph (b) and substituting the following paragraph:- "(b) to inform the registrar forthwith whenever a general trust account, a Special Deposit Trust Account or a separate trust account (referred to in section 83 (1)), of a licensee is overdrawn;"; (iii) in paragraph (c), omitting the words "a general trust account or a separate trust account" and substituting the words "a trust account (referred to in section 83 (1))"; (b) in subsection (3), inserting after the words "the bank" the words "or other financial institution"; (c) adding after subsection (3) the following subsection:- "(4) For the purposes of this section, the expression "trust moneys" includes- (a) any moneys that were, or ought, under this Act, to have been, deposited to a trust account (referred to in section 83 (1)) of a licensee; and (b) any instrument for the payment of any such money where the instrument may be paid into a bank or other financial

Auctioneers and Agents Act Amendment Act 1985, No. 94 1469 institution, and any security for such money the title to which is transferable by delivery.". 72. Amendment of s. 93. The Auctioneers and Agents Fidelity Guarantee Fund . Section 93 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- "(3) There shall from time to time be paid out of the Fund- (a) the amount of all claims including any costs established against the Fund, and all costs ordered against the Committee in respect of an appeal pursuant to section 13A; (b) all legal expenses incurred by the Committee in performing its functions under this Act; (c) the costs of any enquiry that the Committee is empowered to conduct or authorize for the purposes of this Act; (d) all refunds of contributions made to licensees or persons who are the holders of certificates of registration , or to their personal representatives pursuant to this Act; (e) any other moneys payable out of the Fund pursuant to this Act.". 73. Amendment of s. 94 . Contributions to Fund . Section 94 of the Principal Act is amended by- (a) adding at the end of subsection (1), after the word "licensee", the words "other than the holder of a manager's licence"; (b) omitting subsection (2) and substituting the following subsection:- "(2) A licensee shall, in addition to the contribution prescribed in respect of his own licence, make to the Registrar a contribution to the Fund of the amount prescribed, at the times and in the manner prescribed, in respect of any person employed by him who is the holder of a licence or certificate of registration appropriate to the business carried on by the licensee.". 74. Amendment of s. 95 . Additional levies. Section 95 of the Principal Act is amended by- (a) in subsection (1), omitting the words "five dollars" and substituting the expression "$20"; (b) omitting subsection (4). 51

1470 Auctioneers and Agents Act Amendment Act 1985, No. 94 75. Amendment of s. 96. Licensee's trust accounts , etc. Section 96 of the Principal Act is amended by- (a) omitting the note occurring in and at the beginning of the section and substituting the words "Registrar's Trust Deposit Accounts"; (b) in subsection (1) omitting the definition "Trust account"; (c) in subsection (2)- (i) omitting the words "trust account -". occurring immediately before paragraph (a). and substituting the words "general trust account operated pursuant to paragraph (a) of section 83 (1)-"; (ii) omitting from paragraph (a) the words ", excluding any accounts that were maintained for the exclusive benefit of a specific person or specific persons": (iii) omitting from provision (ii) of paragraph (c) the words excluding any accounts that were maintained for the exclusive benefit of a specific person or specific persons"; (d) inserting after subsection (2B) the following subsections:- "(2C) Where a licensee maintains a Special Deposits Trust Account referred to in paragraph (b) of section 83 (1) he shall, in respect of each deposit made to the account, retain in the account ten per centum of the moneys deposited and shall, unless the moneys deposited are sooner disbursed by him pursuant to section 83, deposit the moneys so retained with the registrar at the same time as moneys out of the licensee's general trust account are deposited with the registrar pursuant to subsection (2). (2D) Moneys deposited with the registrar pursuant to subsection (2) or (2C) shall be accompanied by the prescribed form duly completed by the licensee."; (e) in subsection (3)- (i) in paragraph (a), omitting the words "The Committee, for such reasons as it considers sufficient and subject to such conditions, if any, as it thinks fit" and substituting the words "The registrar, for such reasons as he considers sufficient and subject to such conditions, if any, as he thinks fit"; (ii) in paragraph (b), omitting the word "Committee" and substituting the word "registrar"; (f) in subsection (4), omitting the word "Committee" and substituting the word "registrar"; (g) in subsection (7), inserting after the words "and those accounts" the words "(to be styled the "Registrar's Trust Deposit Accounts")"; (h) omitting subsection (8) and substituting the following subsection:- "(8) If at any time during the relevant year the lowest balance in the general trust account or general trust accounts, operated

Auctioneers and Agents Act Amendment Act 1985, No. 94 1471 by a licensee pursuant to paragraph (a) of section 83 (1), together with the amount (if any) then deposited with the registrar by the licensee pursuant to subsection (2) amounts to less than $5 000 the obligations imposed on the licensee by that subsection shall not apply while that condition continues."; (i) adding at the end of the section the following subsection:- "(11) At the end of each month the registrar shall provide to the Committee a report in writing showing the opening and closing balances of the accounts comprised in the Registrar's Trust Deposit Accounts.". 76. Amendment of s. 98. Application of Fund. The Principal Act is amended by- (a) omitting subsection (4) and substituting the following subsection:- "(4) No person shall have a claim against the Fund unless he notifies the registrar in writing of the substance of the claim within a period of- (a) six months after he becomes aware that he has suffered pecuniary loss; or (b) three years after the commission of the breach that caused his pecuniary loss, whichever occurs sooner: Provided that if, within the period (mentioned in paragraph (a) or (b)) otherwise applicable to the making of a claim, the claimant commences an action in a court of competent jurisdiction for the recovery of his pecuniary loss he may, within a period of three months after the action concludes or is terminated, make a claim against the Fund by notifying the registrar in writing of the substance of the claim."; (b) in subsection (5) inserting after the expression "103" the expression ", 103A"; (c) adding at the end of the section the following subsection:- "(6) A claim shall not be had against the Fund by- (a) a licensee who suffers pecuniary loss in the course of carrying on business as a licensee: (b) a financier of the business of a motor dealer, or an individual who finances the business of a motor dealer, that or who suffers pecuniary loss as a result of financing the business of the motor dealer: or (c) a corporation or an individual that or who suffers pecuniary loss as a result of guaranteeing the due performance by a motor dealer of his obligations in respect of financial arrangements made by the motor dealer concerning his business as such.".

1472 Auctioneers and Agents Act Amendment Act 1985, No. 94 77. Amendment of s. 101 . Distribution from Fund . Section 101 of the Principal Act is amended by, in subsection (1), inserting after the words "The Committee shall make" the words ", or authorize any person to make,". 78. New s. 103A. The Principal Act is amended by inserting after section 103 the following section: "103A. Directors to compensate Fund . Where payment is made out of the Fund in settlement in whole or in part of any claim relating to the business of an auctioneer , a real estate agent , a commercial agent or a motor dealer carried on by a corporation, the directors of the corporation, at the time when the act or omission (that gave rise" to the claim) occurred, shall be jointly and severally liable to compensate the Fund in respect of that payment. In this section, "director" includes- (a) any person occupying or acting in the position of director of the corporation, by whatever name called and whether or not validly appointed to occupy or duly authorized to act in the position; and (b) any person in accordance with whose directions or instructions the directors of the corporation are accustomed to act.". 79. Amendment of s. 106 . Freezing of trust accounts and ultimate disposal of trust moneys of defaulting licensees. Section 106 of the Principal Act is amended by- (a) in subsection (1). inserting after the words "trust account" where twice occurring the words "or other account" in each case; (b) in subsection (2), omitting the word "trust" wherever occurring; (c) in subsection (3), omitting the word "trust" where twice occurring; (d) in subsection (4)- (i) omitting the words "a trust" and substituting the word "an"; (ii) omitting the word "trust" occurring before the words "account alone"; (e) in subsection (5)- (i) omitting the word "trust"; (ii) omitting the words "the licensee's bankers" and substituting the words "any officer of the licensee's bank"; (f) in subsection (6), omitting the word "trust"; (g) in subsection (7), omitting the word "trust" where twice occurring; (h) in subsection (8)- (i) omitting the word "trust" where first occurring; (ii) omitting the words "five hundred dollars" and substituting the expression "$5 000"; (i) in subsection (9), inserting after the words "trust account" the words "or other account"; (j) omitting subsection (12);

Auctioneers and Agents Act Amendment Act 1985, No. 94 1473 (k) in subsection (13), omitting the words "a trust" and substituting the word "an"; (1) in subsection (14), omitting the words "a trust" where twice occurring and substituting the word "an" in each case; (m) in subsection (15)- (i) omitting the expression "." occurring between paragraphs (a) and (b) and substituting the expression ";"; (ii) inserting at the end of paragraph (b), after the word "Bankruptcy", the following expression and words:- (c) the term "bank" means a bank carrying on business under the authority of an Act of this State or of the Commonwealth and includes any other financial institution; (d) a licensee shall be deemed to operate a trust account or other account if trust moneys are deposited to that trust account or other account". 80. Amendment of s. 107. Interpretation . Section 107 of the Principal Act is amended by inserting before the definition "Defalcation" the following definition:- "Bank" means a bank carrying on business under an Act of this State or of the Commonwealth and includes any other financial institution;". 81. New Part VIA. The Principal Act is amended by inserting after section 126 the following heading and sections:- "PART VIA-PASTORAL HOUSES 126A. Interpretation . In this Part, unless the contrary intention appears- "licensed pastoral house" means a pastoral house that is the holder of a pastoral house corporation licence issued pursuant to this Part; "pastoral house" means a corporation declared by Order in Council to be a pastoral house for the purposes of this Part; "pastoral house auctioneer's licence" means a pastoral house auctioneer's licence issued pursuant to this Part; "pastoral house corporation licence" means a pastoral house corporation licence issued pursuant to this Part; "pastoral house director's licence" means a pastoral house director's licence issued pursuant to this Part; "pastoral house manager's licence" means a pastoral house manager's licence issued pursuant to this Part; "rural land" means land other than land situated in any city or town or, in the case of a shire, in any township therein.

1474 Auctioneers and Agents Act Amendment Act 1985, No. 94 126B. Pastoral house corporation licence . (1) A pastoral house may apply to the Committee for a pastoral house corporation licence or for the renewal or restoration of such a licence. (2) A pastoral house corporation licence or the renewal or restoration of such a licence shall not be granted to a pastoral house- (a) unless it has at least one working director; (b) unless each working director is the holder of a real estate agent's licence or a pastoral house director's licence; (c) unless the person in charge of its principal place of business is a working director; (d) unless a working director or a person who is the holder of a real estate agent's licence or a pastoral house manager's licence is in charge of each place of business of the pastoral house other than its principal place of business; (e) if an executive officer of the pastoral house is not a fit and proper person; and (f) unless the pastoral house complies with all other requirements of this Act applicable to an application for a corporation licence, or for the renewal or restoration of a corporation licence, other than the requirements mentioned in section 14A (3). (3) In subsection (2), "working director" means a working director within the meaning of section 14A (4). 126C. Licensed pastoral house may act as real estate agent and auctioneer . A licensed pastoral house shall be authorized, pursuant to its licence- (a) to carry on the business of a real estate agent restricted to the sale of rural land and livestock; and (b) to carry on the business of an auctioneer restricted to- (i) auctioning rural land, livestock and wool; (ii) conducting not more than four auctions of land that is not rural land, in respect of each place of business of the pastoral house in each year; and (iii) auctioning plant, machinery, furniture and other items where the sale thereof is incidental to an auction of land conducted or to be conducted by the pastoral house pursuant to provision (i) or (ii). 126D. Pastoral house corporation licence deemed to be corporation licence. Subject to section 126C, a licensed pastoral house shall be deemed to be the holder of a corporation licence granted pursuant to this Act and the provisions of this Act, other

Auctioneers and Agents Act Amendment Act 1985, No. 94 1475 than sections 14A (3), 18 (7), 18 (8), 18 (9), 18 (10), 21 (1), 26 and 94, shall apply accordingly with all necessary modifications. 126E. Pastoral house director ' s licence, pastoral house manager ' s licence and pastoral house auctioneer 's licence. (1) A director of a pastoral house may apply to the Committee for a pastoral house director's licence or for the renewal or restoration of such a licence. (2) An employee of a pastoral house may apply to the Committee for a pastoral house manager's licence or a pastoral house auctioneer's licence or for the renewal or restoration of such a licence. (3) A pastoral house director's licence, a pastoral house manager's licence or a pastoral house auctioneer's licence, or the renewal or restoration of such a licence, shall not be granted to an applicant who- (a) is not resident in Queensland. or within 65 kilometres of the boundary of Queensland; (b) is not 21 years of age; (c) is not a person of good fame and character; (d) has not been employed for such period as is prescribed, by a corporation that is, at the time when he makes the application, a pastoral house unless exempted from such requirement by the Committee with the approval of the Minister, or (e) is not a fit and proper person to hold such a licence. 126F. Holder of pastoral house director ' s licence may act as real estate agent . A director of a licensed pastoral house who is the holder of a pastoral house director's licence shall, in the performance of his duties as director, be authorized pursuant to that licence to act as a real estate agent in respect of the sale of rural land or livestock. 126G . Pastoral house director ' s licence deemed to be real estate agent ' s licence . Subject to section 126F. a person who is the holder of a pastoral house director's licence shall be deemed to be the holder of a real estate agent's licence granted pursuant to this Act and the provisions of this Act, other than sections 18 (7), 18 (8), 18 (9). 18 (10), 21 (1), 42 and 94, shall apply accordingly with all necessary modifications. 126H. Holder of pastoral house manager's licence may act as holder of manager ' s (real estate agency) licence. A person employed by a licensed pastoral house who is the holder of a pastoral house manager's licence shall, in the course of his employment, be authorized pursuant to that licence to act as the holder of a manager's (real estate agency) licence in respect of the sale of rural land and livestock. 1261 . Pastoral house manager's licence deemed to be manager's ( real estate agency) licence . Subject to section 126H. a person who is the holder of a pastoral house manager's licence

1476 Auctioneers and Agents Act Amendment Act 1985, No. 94 shall be deemed to be the holder of a manager's (real estate agency) licence granted pursuant to this Act and the provisions of this Act, other than sections 18 (7), 18 (8), 18 (9), 18 (10), 21 (1), 42 and 94, shall apply accordingly with all necessary modifications. 126J. Holder of pastoral house auctioneer ' s licence may act as auctioneer . A person employed by a licenced pastoral house who is the holder of a pastoral house auctioneer's licence shall, in the course of his employment, be authorized pursuant to that licence to act as an auctioneer in respect of any auction of a kind referred to in paragraph (b) of section 126C. 126K. Pastoral house auctioneer ' s licence deemed to be general auctioneer ' s licence . Subject to section 126J, a person who is the holder of a pastoral house auctioneer's licence shall be deemed to be the holder of a general auctioneer's licence granted pursuant to this Act and the provisions of this Act, other than sections 18 (7), 18 (8), 18 (9), 18 (10), 21 (1), 34 and 94, shall apply accordingly with all necessary modifications. 126L. Licence to be endorsed with name of pastoral house. A pastoral house director's licence, a pastoral house manager's licence or a pastoral house auctioneer's licence issued pursuant to this Part shall be endorsed by the registrar with the name of the licensed pastoral house of which that person is a director or, as the case may be, an employee. 126M. Surrender of licence . If a person who is the holder of a pastoral house director's licence, a pastoral house manager's licence or a pastoral house auctioneer's licence ceases to be a director or, as the case may be, an employee of a licensed pastoral house, the name of which is endorsed on his licence pursuant to section 126L, he shall, within 14 days after ceasing to be a director or, as the case may be, an employee of that pastoral house, surrender his licence to the registrar who shall retain it until it expires unless, before it expires, a licensed pastoral house notifies the registrar pursuant to section 1268 that the person has become a director of or, as the case may be, has been employed by that pastoral house whereupon the registrar shall endorse the licence accordingly and return it to the person. 126N. Licence holder to act only for pastoral house endorsed on licence . A person who is the holder of a pastoral house director's licence, a pastoral house manager's licence or a pastoral house auctioneer's licence shall not exercise any of the functions of a real estate agent or, as the case may be, an auctioneer except in the course of carrying out his duties as director or employee of a licensed pastoral house, the name of which is endorsed on his licence pursuant to section 126L or 126M.

Auctioneers and Agents Act Amendment Act 1985, No. 94 1477 1260. Committee may grant licences subject to conditions. (1) In granting any licence or renewal or restoration of a licence pursuant to this Part the Committee- (a) may grant the licence, or renewal or restoration, without terms and conditions; or (b) may, with the approval of the Minister, grant the licence, or renewal or restoration, upon and subject to such terms and conditions as it deems fit. (2) Where a licence is granted or renewed or restored subject to terms and conditions any renewal or restoration, or further renewal or further restoration, of the licence shall, unless the Committee with the approval of the Minister directs otherwise, be deemed to be granted under and subject to those terms and conditions. (3) The Committee may at any time, with the approval of the Minister, amend or revoke any terms and conditions of a licence or impose any new term or condition. 126P. Employee may act as real estate salesman . An employee of a licensed pastoral house may, in the course of his employment, notwithstanding section 26 (1), act as a real estate salesman in respect of the sale of rural land or livestock. 126Q . Fees and contributions for licences . (1) The regulations may prescribe the fees that are payable in respect of an application for- (a) a pastoral house corporation licence; (b) a pastoral house director's licence; (c) a pastoral house manager's licence; and (d) a pastoral house auctioneer's licence, or an application for the renewal or restoration of any such licence. (2) The fees prescribed pursuant to subsection (1) shall be paid at the time and in the manner prescribed and, where the time and the manner of payment are not prescribed, shall accompany the application for a licence, or for the renewal or restoration of a licence, in respect of which the fees are payable. (3) A contribution to the Fund of the amount prescribed shall be made to the registrar at the times and in the manner prescribed- (a) by every licensed pastoral house and every director of a licensed pastoral house who is the holder of a pastoral house director's licence; and (b) by a licensed pastoral house in respect of each of its directors who is the holder of a pastoral house director's licence and each of its employees who is the holder of a pastoral house manager's licence or a pastoral house auctioneer's licence.

1478 Auctioneers and Agents Act Amendment Act 1985, No. 94 126R. Pastoral house to notify registrar . A licensed pastoral house shall notify the registrar in writing in the prescribed form of the name and address of every person who, being the holder of a pastoral house director's licence, a pastoral house manager's licence or a pastoral house auctioneer's licence, becomes or ceases to be a director or, as the case may be, an employee of the pastoral house within 21 days after the person becomes or ceases to be a director or employee of the pastoral house.". 82. Amendment of s. 130 . O ffences generally . Section 130 of the Principal Act is amended by-- (a) omitting subsection (1) and substituting the following subsection:- "(1) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act and shall be liable, if no specific penalty is prescribed for that offence. to a penalty not exceeding- (a) in the case of an individual-$2 000 or imprisonment for a term not exceeding 6 months, or to both such fine and imprisonment; (b) in the case of a corporation-$5 000."; (b) in subsection (3), inserting after the words "this Act" the words "(other than proceedings for an offence against section 85 which may be instituted at any time)". 83. New s. 130A. The Principal Act is amended by inserting after section 130 the following section:- "130A. Service of documents . (1) Subject to this Act, where any notice, complaint, summons or other document is to be given to any person under or for the purposes of this Act it shall be taken- (a) that the notice, requisition or other document has been duly given to that person upon evidence that the same has been sent by certified mail to or left at the address last known to the person by whom the same was sent or left as the place of residence or registered office or other place of business of that person; and (b) that the notice, complaint, summons or other document (if sent by certified mail) was received by the addressee at the time when the certified mail would have been delivered at the address to which it was sent in the ordinary course of post. (2) Where service is to be effected on a body corporate, it may be effected on any person who is concerned or takes part in the management of the body corporate, or on the secretary thereof, or on any person who is apparently in charge of any premises in or from which the business of the body corporate

Auctioneers and Agents Act Amendment Act 1985, No. 94 1479 is conducted and service so effected shall be deemed to be service on the body corporate.". 84. Amendment of s. 131. Regulations . Section 131 of the Principal Act is amended by, in subsection (1)- (a) in provision (vi), inserting after the word "educational" the words "or other"; (b) in provision (xvii), omitting the words "two hundred and fifty dollars" and substituting the expression "$500". 85. Transitional . (1) Upon the commencement of sections 1 1 and 12 of this Act, a person in respect of whom a licence or a manager's licence was held immediately prior to that commencement shall be deemed to be the holder of a licence or, as the case may be. a manager's licence (of a class corresponding to that of the licence or manager's licence held in respect of him) granted pursuant to the Principal Act as amended by this Act for the balance of the term for which the licence or manager's licence held in respect of him was granted. (2) A corporation that is the holder of a corporation licence at the commencement of section 11 of this Act may. on the occasion of its applying for renewal or restoration of the licence net following that commencement, make application for that renewal or restoration as if section 11 had not been enacted and, if the application is so made. the Committee shall accept and consider the application as if section 11 had not been enacted. (3) If a corporation is granted the renewal or restoration of a corporation licence pursuant to subsection (2) within a period of 6 months after the commencement of section 11 of this Act, the corporation may, on the occasion of its applying for renewal or restoration of the licence next following the renewal or restoration granted pursuant to subsection (2). make application for the renewal or restoration as if section 1 1 had not been enacted and, if the application is so made, the Committee shall accept and consider the application as if section 11 had not been enacted. (4) A managing agent appointed pursuant to the Building Unitsand Group Titles Act 1980-1984 who, immediately prior to the commencement of section 37 of this Act, was the holder of a real estate agent's licence (having been granted, in respect of his application for the licence, exemption from the prescribed educational qualifications pursuant to section 42(2) of the Principal Act) shall, upon the commencement of section 37 of this Act, be deemed to be the holder of a real estate agent's licence issued pursuant to section 42 (2) of the Principal Act as substituted by this Act endorsed with the condition that, in carrying on the business of a real estate agent. he be restricted to the letting of lots in the building in respect of which he has been appointed managing agent.

1480 Auctioneers and Agents Act Amendment Act 1985, No. 94 A person deemed to be the holder of a licence pursuant to this subsection- (a) shall hold that licence for the balance of the term for which the licence held by him immediately prior to the commencement of section 37 of this Act was granted; and (b) may make application for the renewal or restoration of that licence pursuant to the Principal Act as amended by this Act.