Auctioneers and Commission Agents Act Amendment Act of 1924 (15 Geo v No. 9) (Qld)

AUCTIO~ EERS. 15 GEO. V. No. 9, 1924. Auctionezrs and Commission Agents, Etc., Act. 10901 APPRENTICESHIP. See LABOUR. APPROPRIATION ACTS. See CONSTITUTION. ARBITRATION, INDUSTRIAL. See LABOUR. AUCTIONEERS AND COMMISSION AGENTS. An Act to Amend "The Auctioneers and Commission 15 Geo. Y. No. 9. Agents Act of 1922" in certain particulars. THE Auc- TIONEERS [ASSENTED TO 13TH SEPTEMBER, 1924.] AND COMMIS~IO~ AGE~ TS ACT B . E it enacted by t.he King's Most Excellent Ma]·est.y , A A C M T EN O D F M 1 E 9 .> 2 N 4 T . by and with the advice and consent of the LegIs- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Auctioneers and Short title at Commission Agents Act Amendment Act 1924," and ~ ~ ! truction shall be read as one with *" The Auctioneers and Commis- of Act. si on Agents Act of 1922," herein referred to as the Principal Act. This Act and the Principal Act may be cited together as "The Auctioneers and Commission Agents Acts, 1922 to 1924." 2. In section four of the Principal Act, after the Amendment definition of "District" the following definition is of s. 4. inserted:- "" Letting" includes every form of leasing or Letting. letting of houses land e:.;;tates or businesses: the business of "letting" includes the collection or receipt of rents by a commission agent on behalf of his principal, whether such com- mission agent has or has not let the house land estate or business in question." * 13 Geo. V. No. 27, supra, page 9932.

10902 AUCTIONEERS. Auctioneers and Commission A.qents, Etc., Act. 15 GEO. V. No. 9, Amendment 3. In subsection one of section seven of the Principal of E. 7. Act, the words "of a court within the District wherein he resides" are repealed and the words "of the court within the District in which his principal place of business is situated and which is nearest by the most convenient route to such principal place of business" are inserted in lieu thereof; also the words" together with" are repealed and the words" and (if the applicant is not a licensed commission agent) accompanied by" are inserted in lieu thereof. After subsection four the following subsection is inserted:- Renew,,] of " (4A.) Every licensed auctioneer who desires to obtain license. a renewal of his license shall, before the date of the expiry of his license as mentioned in the last preceding subsec- tion, lodge with the clerk of the court mentioned in sub- section one hereof an application in the form prescribed, and (if the applicant is not a commission agent licensed for the period for which he is applying for a renewa.l of his license as an auctioneer) accompanied by a certificate in the form prescribed of the renewal of the fidelity bond mentioned in subsection one hereof or other prescribed security as therein mentioned, and such application for renewal shall be dealt with at the sittings referred to in subsection four hereof." Amendment 4. In section eight of the Principal Act, after the (,i s. 8. word" company" the words "or a registered firm" are inserted. Amendment 5. Subsection one of section twelve of the Principal of s. 12. Act is repealed and the following subsections are inserted in lieu thereof :- " (1.) All moneys received by the auctioneer in respect of any sale shall forthwith upon the receipt thereof by him be paid by him into a bank carrying on business under the authority of a Statute of the Parlia- ment of Queensland or of the Commonwealth, to a general or separate trust account, and therein retained until disbursed as hereinafter mentioned. Such auc- tioneer shall be entitled to draw against such trust account in payment of- (a) The expenses, commission, and other charges of or incidental to such sale; and (b) Any moneys owing to such auctioneer by the person on whose behalf the property was sold.

~ - - ~- - AUCTIONEERS. -- - - - - - - - - _ - --- - - - - - - - - - , ~ - - - - - - - - - - - - ",.--,--,-- .. - - ~ 1924. Auctioneers and Commission Agents, Etc., Act. 10903 (2.) Every auctioneer shall, within two months after the receipt of money in respect of any sale, pay the balance of such money (if any) to the person on whose behalf the property was sold, or as he may direct. (3.) Every auctioneer shall, within fourteen days after any trust account is opened by him jn accordance with this section, notify the registrar by post-letter of the name of such trust account and the name of the bank in which the same has been so opened. Within fourteen days after any change of the name of such account in such bank, or of the bank in whi.ch any such trust account is kept to another bank, a like notice shall be sent to the registrar by the auctioneer." Subsections two and three of the said section twelve :are renumbered four and five accordingly. . 6. In section thirteen of the Principal Act, the Amondmont words "fourteen days" are repealed and the words of s. 13. "thirty days" are inserted in lieu thereof. 7. Paragraphs (a) and (b) of section fourteen of the Amendment Principal Act are repealed and the following paragraphs of s. 14. are inserted in lieu thereof :- "(a) Fraudulently converts to his own use any moneys received by him, whether from the purchaser or from the auctioneer's principal or from any person on behalf of such principal, in respect of any sale or any part thereof or any proposed or contemplated sale or any expenses to be defrayed by him in respect of any proposed or contemplated sale; or (b) Fraudulently renders any account of any such sale or of any moneys received by him as mentioned in paragraph (a) hereof or of the application of any such moneys, knowing the same to be false in any material particular." 8. In subsection one of section sixteen of the Amendment Principal Act, the words" of a court within the District of s. 16. wherein he resides" are repealed and the words" of the court within the District in which his principal place of business is situated and which is nearest by the most convenient route to such principal place of business" are inserted in lieu thereof.

]0904 AUCTIONEERS. .'11ldionee1's and Commission Agents, Etc., Act. 15 GEO. V. No. 9, After subsection four the following subsection is inserted :- Renewal of " (4A.) Every licensed commission agent who desires lirenso. to obtain a renewal of his license shall, before the date of the expiry of his license as mentioned in the last preceding subsection, lodge with the clerk of the court mentioned in subsection one hereof an auolication in the form prescribed, and (if the applicant is Ii~ t an auctioneer licensed for the period for which he is applying for th~ renewal of his license as a commis5ion agent) accompanied by a certificate in the form prescribed of the renewal of the fidelity bond mentioned in subsection one hereof or other prescribed security as therein mentioned, and such application for renewal shall be dealt with at the sittings referred to in subsection four hereof." Amendment 9. Subsection one of section twenty of the Principal of 8. 20. Act is repealed, and the following subsections are inserted in lieu thereof:- "(1.) All moneys received by a commission agent in respect of any transaction shall forthwith upon the receipt thereof by him be paid by him into a bank carrying on business under the authority of a Statute of the Parliament of Queensland or of the Common- wealth, to a general or separate trust account and therein retained until disbursed as hereinafter mentioned. Such commission agent shall be entitled to draw against such trust account in payment of- (a) The expenses, commission, and other charges of or incidental to such transaction; and (b) Any moneys owing to such commission agent by the person on whose behalf the transaction was carried out. (2.) Every commission agent shall, within two months after the receipt of money in respect of any trans- action, pay the balance of such money (if any) to the person on whose behalf the transaction was carried out, or as he may direct. (3.) Every commission agent shall, within fourteen days after any trust account is opened by him in accord- ance with this section, notify the registrar by post-letter of the name of such trust account and the name of the bank in which the same has been so opened. \Vithin fourteen days after any change of the name ot such

AUCTIONEERS. 1001)5 1924. A1lctioneers and Commission Agents, Etc., Ad. account in such bank, or of the bank in which any such trust account is kept to another bank, a like notice shall be sent to the registrar by the commission agent." Subsections two and three of the said section twelve are renumbered four and five accordingly. 10. In section twenty-one of the Principal Act, the Amendment words "fourteen days" are repealed and the words of s. 21. " thirty days" are inserted in lieu thereof. 11. Paragraphs (a) and (b) of section twenty-two "\mendment of the Principal Act are repealed and the following or s. :22. paragraphs are inserted in lieu thereof :- "(a) Fraudulently converts to his own use any moneys received by him, whether from the purchaser or from the commission agent's principal or from any person on behalf of such principal, in respect of any transaction or any part thereof or any proposed or contemplated transaction or any expenses to be defrayed by him in respect of any proposed or contemplated transaction; or (b) Fraudulently renders an account of any such transaction or of any moneys received by him as mentioned in paragraph (a) hereof, or of the application of any such moneys, knowing the same to be false in any material par- ticular." 12. At the beginning of subsection one of sectionAmondmont twenty-seven of the Principal Act, the words "Subject toO! s. 27. the provisions hereinafter contained" are inserted. The following subsection is added to the said section twenty-seven : - "(.3.) Where a licensee dies, his executor or adminis- trator may, instead of transferring his license as herein- before provided and subject to any express testamentary disposition or direction of the licensee to the contrary, surrender the license by notice in writing addressed to and delivered to the clerk of the court which granted such license. The said clerk, on being satisfied that the person signing such notice is the executor or administrator of the deceased licensee and upon the odgment with hi m of a statutory declaration by such lxecutor or admi nistrator that such surrender is not

10906 AUCTIONEERS. Atwtioneers and Commission Agents, Etc., Act. 15 GEO. V. No. 9, contrary to any express testamentary disposition or direction of the licensee, shall register the surrender and give notice thereof within ten days to the registrar. Thereupon such license shall be terminated as from the date of death of the licensee a.nd such executor or administrator shall be entitled, if the fee for such license had been paid by the deceased licensee out of his own moneys, to receive from Consolidated Revenue a refund of a part of such fee proportionate to the unexpired portion of the period thereof." 13. After section twenty-seven of the Principal Act the following section is inserted :- substitutio~ " [27 A.] \Vhenever the registrar is satisfied that, eoxrc t e r p a t ~ lO sf n e a r l In o.wing to death or serious illness or.other exc,eptional circum- CIrcumstance, a licensee who was or IS an employee IS stances. unable to carry out his duties as such licensee for or on behalf of his employer, and that it is necessary that a substitute for suchlicensee should have authority to act as licensee for and on behalf of such employer, pending an application to the court for approval of a transfer of the license or approval of a substitute, the registrar upon the application of such employer may authorise a .person nominated by the employer and approved by the registrar to act as a substitute for the licensee until an application has been made to and has been dealt with by the proper court for such ~pproval. The person to whom the registrar has granted such authority shall, during the currency of such authority, be deemed to be a licensee under and for the purposes of this Act. Every such authority shall expire at the conclusion of the sittings of the court at which an application for approval of a transfer or substitute as aforesaid would in ordinary course be dealt with." Amendment 14. The following provision is added to subsection of s. 28. one of section twenty-eight : - "Provided nevertheless that where a licensed auctioneer is an employee of a corporation or a joint stock company or registered firm (whether as a member of such firm or otherwise) it shall not be necessary for the licensee, while he remains in the employment of such corporation or joint stock company or firm, to exhibit a sign bearing the words "Licensed Auctioneer"; but

AUCTIONEERS. 10907 1924. Atlctioneers and Commission Agents, Etc., Act. the corporation or joint stock company or firm shall, at its principal place of business and other places of business, exhibit, while it has a licensed auctioneer in its employment, a sign bearing the words " Licensed Auctioneer." " 15. After section thirty-one of the Principal Act the following section is inserted ;- "(31A.) A licensee or, in the case of a corporation or Inspection of J . O . In t S t oc k company t h e secretary manager dir ec t or or books ' &0. public officer thereof, upon demand by the registrar or any person appointed in that behalf by the Minister, shall produce for his inspection any books accounts registers documents or writings relating to any sale or transaction under this Act. The registrar or such person may, without fee or reward, take such notes copies or extracts thereof or therefrom as he may deem necessary. Every person who refuses to produce such books accounts registers documents or writings or obstructs the taking of any such notes copies or extracts shall be liable to a penalty not exceeding one hundred pounds." AUTHORITIES, LOCAL. See LOCAL AUTHORITIES. BIRDS. See ANIMALS. BLIND CHILDREN. See EDUCATION. CHILDREN, BLIND, DEAF, AND DUMB. See EDUCATION. B