Auctioneers and Commission Agents Acts Amendment Act of 1951 (15 Geo Vi No. 16) (Qld)

2 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Act. 15 GEO. VI. No. 16, (AIR TRANSPORT) COMMONWEALTH POWERS See COMMONWEALTH AND STATES. APPROPRIATION. See CONSTITUTION. ATTESTATION OF DOCUMENTS. See EVIDENCE. AUCTIONEERS AND COMMISSION AGENTS 15 N G o E . O 1 . 6 V . I. An Act to Amend" The Auctioneers and Commission THE AUCTIONEERS AND Agents Acts, 1922 to 1946," in certain COMMISSION AGENTS particulars. ACTS AMENDMENT ACT OF 1951. [ASSENTED TO 5TH APRIL, 1951.] B E it enacted by the King's Most Excellent Majesty, 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:- Short title 1. (l.) This Act may be cited as " The Auctioneers : ~ ~ Btruction. and Commission Agents Acts Amendment Act of 1951," and shall be read as one with *" The Auctioneers and Commission Agents Acts, 1922 to 1946," herein referred to as the Principal Act. Collective title. (2.) The Principal Act and this Act may collectively be cited as "The Auctioneers and Commission Agents Acts, 1922 to 1951."· Cmoemntme 0 fnAcec- t. t(3.) Ex . cept as her • ein otherwise provided, this Act shall come mto operatIOn on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. ~ e~ ~ e~ i~ (4.) In t" The Auctioneers and Commission Agents No. 16. Acts Amendment Act of 1940 " the figures" 1923 " are repealed and the figures "1922" are inserted in lieu of those repealed figures wherever occurring. * 13 G. 5 No. 27 and amending Acts. t Commenced on 11th August, 1951. Gazette of 11th August, 1951, p. 2043.) t 4 G. 6 No. 16. (See Proclamation published in

AUCTIONEERS AND COMMISSION AGENTS. 1951. Auctioneers and Commission Agents, Etc., Act. 3 2. Subsection two of section two of the Principal Repealof A C t I . S repea1ed and the 1 £ 0 1o1w' mg subsectI'On I . S . mserted ( a 2 n ) d . new s. 2 in lieu of that repealed subsection, namely:- "(2.) The provisions of this Act relating to Operation of commission agents- Acocmtma I s SS to Ion (a) Shall be in force throughout Queensland; and agents. (b) Shall not apply in respect of the collection of debts or rents by any solicitor, or public accountant within the meaning of *" The Public Accountants Registration Acts, 1946 to 1949," who has complied with the requirements of t" The Trust Accounts Act of 1923" (as amended by t" The Trust Accounts Act Amendment Act of 1925") and regulations made thereunder, as to the depositing of the sum, securities, or fidelity bond therein prescribed by way of guarantee for the proper application by him of trust moneys coming into his possession." 3. Section four of the Principal Act is amended as Amendments follows :_ of s. 4. (a) In the definition of the term" " Sale by auction" or " to sell by auction" " appearing in that section the words " or any " are inserted after the words " whereby the highest." . (b) In the definition of the term "Commission agent" appearing in that section the words" within a district in which the provisions of this Act relating to commission agents are in force" are repealed; also the words "or any person to whom the provisions of this Act relating to commission agents do not apply" are added to that definition. (c) A new definition " Inspector of trust accounts "Inspector ef is inserted after the definition of the term "District" ~ : ~ ts. appearing in that section, as follows : - " "Inspector of trust accounts "-Any inspector of trust accounts appointed under this Act; " * 11 G. 6 No. 4 and amending Act. t 14 G. 5 No. 4. t 16 G. 5 No. 2.

4 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Act. 15 GEO. VI. No. 16, Insurance Com- missioner_ License. Licensee. Motor vehicle. Property. , (d) A new definition" Insurance Commissioner" is inserted after the definition "Inspector of trust accounts," as previously inserted in that section, as follows : - " "Insurance Commissioner The Insurance Commissioner appointed under *" The Workers' Oompensation Acts, 1916 to 1949" ; " (e) The definitions of the terms "License" and " licensee" appearing in that section are repealed and the following definitions are inserted in lieu of those repealed definitions, namely :- " "License"-A license and any renewal thereof issued under this Act and in force at any material time. Any endorsement made under this Act on any license shall be regarded as forming part of that license ; " Licensee "-The holder of a license ; " (j) The definition of the term "Motor vehicle" appearing in that section is repealed and the following definition is inserted in lieu of that repealed definition, namely:- " "Motor vehicle "-Any vehicle propelled or designed .for propulsion wholly or partly by gas, motor spirit, oil, electricity, steam, or any other motive power, whether such vehicle is or is not for the time being capable of being operated or used in a normal manner: The term includes a motor car, motor cycle, motor omnibus, motor truck, motor utility truck, and motor tractor, but does not include a vehicle used or designed for use on a railway or tramway, nor a fire engine, or fire reel; " (g) A new definition "Property" is inserted after the definition of the term "Prescribed" appearing in that section, as follows :- " "Property "-Includes any right or interest III any property ; " (h) The following paragraph is added to the said section, namely:- "For the purposes of this Act, a license which is surrendered shall not be deemed to have been cancelled." * 6 G. 5 No. 35 and amending Acts.

AUCTIONEERS AND CO::\Il\lISSION AGENTS. 5 1951. Auctioneers and Commission Agents, Etc., Act. o f t h 4 e . PrTinhceipfaolllAowcti, ngnapmreolvyis:o-is added to section five o A f m s. en 5. dment " Provided that the Minister may from time to time by writing under his hand appoint officers of the Public Service of Queensland to be inspectors of trust accounts under and for the purposes of this Act and any such appointee may hold office as an inspector in conjunction with his office in the said Public Service." 5. Section seven of the Principal Act is amended ! - ~ ~ ~ ~ mentiJ as follows:- (a) Subsection one of the said section is repealed and the following subsection is inserted in lieu of that repealed subsection, namely:- . "(1.) , Every person who desires to obtain an fAoprpaliuccattIioonn- auctIOneer s lioense shall lodge with the clerk of the eer's license court within the district in which his sole or principal place of business is or is proposed to be situated and which is nearest, by the most convenient route, to such sole or principal place of business an application in the form prescribed, and (if the applicant is not the holder of a commission agent's license or an auctioneer's license) accompanied by a fidelity bond in a prescribed amount not exceeding two thousand pounds from the Insurance Commissioner or other prescribed security, not exceeding two thousand pounds, or, where the prescribed security is in accordance with any other provision of this Act deposited elsewhere than with the clerk of the court, accompanied by a certificate under the hand of the registrar that the prescribed security has been so deposited. " (b) Subsection two of the said section is repealed and the following subsection is inserted in lieu of that repealed subsection, namely:- "(2.) Such application shall state whether the application is for a general license or a district license and the sole or principal place of business of the applicant and every other place where he intends to carry on business as a licensee, and (if the applicant is not the holder of a commission agent's license or an auctioneer's license) shall be accompanied by testimonials as to the character of the applicant, signed by not less than five reputable persons, and (in every case) by the amount of the prescribed fee which shall be refunded if the application is withdrawn or the license is refused."

6 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Act. 15 GEO. VI. No. 16, (c) Subsection three of the said section is amended by inserting after the words "and otherwise is a fit " where those words appear in the first paragraph of that subsection the words" and proper"; and by repealing in the last paragraph of the said subsection three the words" for a license" and by inserting, in lieu of such repealed words, the words" under this section". (d) The first paragraph of subsection four of the said section is amended by inserting after the words "unless the same is cancelled" the words "or suspended ". (e) Subsection 4A of the said section is amended by inserting after the words" or other prescribed security as therein mentioned" the words "or, where the prescribed security is in accordance with any other provision of this Act deposited elsewhere than with the clerk of that court, accompanied by a certificate under the hand of the registrar that the prescribed security has been so deposited"; and by adding to the said subsection 4A the words "and the provisions of subsections three and four of this section shall, with any necessary adaptations, apply to and with respect to the application for renewal and the license if renewed on the hearing of that application". Amendment ofa. 8 (3). 6. In subsection three of section eight of the Principal Act the words "within any district in which the provisions of this Act relating to commission agents are in force " are repealed. aR a n . e 9 dp . enaelwof the f7ol.loSweicntgionsencitinoenoifs tihnesePrtremdciipnallieAuctofistrheaptearleepdeaalnedd section, namely :- Night auctions prohibited. " [9.] An auctioneer shall not sell or offer for sale or attempt to sell by auction any property at any time during the period between sunset on one day and sunrise on the next succeeding day: Provided that this section shall not apply to- (a) The sale of goods at a bazaar, fair, or public entertainment where the proceeds from that sale are not for private gain but are to be devoted solely to religious, charitable, or educational purposes; or (b) The sale of wool or tobacco leaf from catalogues after daylight inspection of the wool or tobacco leaf, as the case may be."

AUCTIONEERS AND COMMISSION AGENTS. 7 1951. Auctioneers and Commission Agents, Etc., Act. 8. Section twelve of the Principal Act is amended- Amendments of 8. 12. (a) By adding to subsection three of the said section the words " in writing"; and (b) By inserting after subsection three of the said section the following subsection, namely:- " (3A.) An auctioneer shall not draw against or cause any payment to be made from a trust account opened by him in accordance with this section unless such drawing or payment is made by or on his cheque and (where the cheque is in respect of a payment referred to in subsection three of this section) that cheque requires payment to be made to or to the order of the person to whom the sum for which that cheque is drawn is payable under or in pursuance of the said subsection three and bears across its face the words "not negotiable" : Provided that in the case of a payment referred to in subsection three of this section which does not exceed five pounds if, but only if,an auctioneer- (a) Has made that payment from his own moneys; and (b) Has received an acknowledgment of that payment in writing and signed by the person to whom the sum not exceeding five pounds is payable under or in pursuance of the said subsection three, then that auctioneer may recoup himself for that payment by drawing on his cheque against the appropriate trust account." " 9. In section fifteen of the Principal A~ ~ the words ~ ~ ~ ~ ent or retain " are inserted after the words sue for or recover". The said section fifteen is further amended by adding thereto the following proviso', namely:- " Provided that paragraph (b) of this section shall not apply in respect of such transactions or classes of transactions as may be prescribed by the regulations." . 10. Section sixteen of the Principal A~ t is amended ! p~ ~ ~ ~ entB as follows : - (a) Subsection one of the said section is repealed Application and the following subsection is inserted in lieu of that ~ ~~mission repea 1 e d su b sec t I · On, name 1 y : - aligceennste's. " (1.) Every person who desires to obtain a commission agent's license shall lodge with the clerk of the court within the district in which his sole or

8 AUCTIONEERS AND COMMISSION AGENTS. Atwtioneers and Commission Agents, Etc., Act. 15 GEO. VI. No. 16, principal place of business is or is proposed to be situated and which is nearest, by the most convenient route, to such sole or principal place of business an application in the form prescribed, and (if the applicant is not the holder of an auctioneer's license) accompanied by a fidelity bond in the prescribed amount not exceeding two thousand pounds from the Insurance Commissioner or other prescribed security not exceeding two thousand pounds, or, where the prescribed security is in accordance with any other provision of this Act deposited elsewhere than with the clerk of that court, accompanied by a certificate under the hand of the registrar that the prescribed security has been so deposited." (b) Subsection two of the said section is repealed and the following subsection is inserted in lieu of that repealed subsection, namely :- "(2.) Such application shall state the sole or principal place of business of the applicant and every other place where he intends to carry on business as a licensee, and shall be accompanied by the amount of the prescribed fee which shall be refunded if the application is withdrawn or the license is refused, and (if the applicant is not a licensed auctioneer or a corporation or joint stock company) shall also be accompanied by testimonials as to the character of the applicant, signed by not less than five reputable persons, or, if the applicant is a corporation or joint stock company, shall also be accompanied by the certificate or a copy of the certificate of or other evidence of its registration or incorporation under any Act." (c) Subsection three of the said section is amended by repealing, in the first paragraph thereof, the words" and otherwise is a fit " and inserting therein, in lieu of those repealed words, the words "(or in the case of a corporation or joint stock company is of good reputlOj.tion and may hold a license) and otherwise is a fit and proper"; by repealing the word" Minister" where that word first occurs in the fourth paragraph of that subsection and by inserting, in lieu of that repealed word, the word "registrar"; and by repealing in the last paragraph of that subsection the words" for a license" and by inserting, in lieu of those repealed words, the words " under this section ".

AUCTIONEERS AND COMMISSION AGENTS. 9 1951. Auctioneers and Commission Agents, Etc., Act. (d) The first paragraph of subsection four of the said section is amended by inserting therein after the words "unless the same is cancelled" the words "or suspended ". (e) Subsection 4A of the said section is amended by inserting therein after the words "or other prescribed security as therein mentioned" the words" or, where the prescribed security is in accordance with any other provision of this Act deposited elsewhere than with the clerk of that court, accompanied by a certificate under the hand of the registrar that the prescribed security has been so deposited"; and by adding to the said subsection 4A the words "and the provisions of subsections three and four of this section shall, with any necessary adaptations, apply to and with respect to the application for renewal and the license if renewed on the hearing of that application". 11. Section seventeen of the Principal Act is Amendments amended as follows:- of s. 17. (a) Subsection one of the said section is amended by repealing therein the words ", within any district in which the provisions of this Act relating to commission agents are in forcg,"; and (b) Subsection three of the said section is amended by repealing therein the words ", within any district as aforesaid ". 12. Section twenty of the Principal Act is Amendments amended- of s. 20. (a) By adding to subsection three of the said section the words" in writing"; and (b) By inserting the following new subsection 3A after subsection three of the said section, namely :- " (3A.) A commission agent shall not draw against or cause any payment to be made from a trust account opened by him in accordance with this section unless such drawing or payment is made by or on his cheque and (where the cheque is in respect of a payment referred to in subsection three of this section) that cheque requires payment to be made to or to the order of the person to whom the sum for which that cheque is drawn is payable under or in pursuance of the sa,id subsection three and bears across its face the words " not negotiable. " "

10 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Act. 15 GEO. VI. No. 16, o A f m 8 e . n 2 d 3 m . .ents amen 1 d 3 e . dS- ection twenty-three of the Principal Act is (a) By inserting therein' the words "or retain" after the words " sue for or recover " ; (b) By adding thereto the following proviso, namely:- "Provided that paragraph (b) of this subsection shall not apply in respect of such transactions or classes of transactions as may be prescribed by the regulations." (c) By renumbering the said section as subsection one of section twenty-three; and (d) By adding the following subsection to the said section, namely :- Restriotion "(2.) A commission agent who has not effected a ~ ~ reoovery service or transaction in respect of which he has been 1, owtorhamenrmseaiosstiioonn etongtahgeewd iothr darpapwoailnotefdhitsoauactht oarsitcyoomrmthisesieofnfeacgtienngt opfritohre has not been service or transaction by some other person, shall not effeoted. be ent· 1 tled t 0 sue e .lor, or reco t ver, or · re aln any £ ees, charges, commission, reward, or other remuneration under or in respect of such engagement or appointment unless he proves- (a) (If claiming a sum for expenses actually and properly incurred or a reasonable sum for the service actually and properly rendered by him in endeavouring to effect the service or transaction prior to the withdrawal of his authority or the receipt by him of actual or constructive notice of the service or trans- action having been effected by some other person), that he is entitled to such sum under the terms of his engagement or appointment as commission agent; or (b) (If claiming fees, charges, commission, reward, or other remuneration, not being a sum in respect of any of the matters mentioned in subparagraph (a) of this subsection), that he was in a position to effect the service or transaction at a time prior to the withdrawal of his authority or the receipt by him of actual or constructive notice of the service or transaction having been effected by some other person, and that his failure to do so was caused solely by the refusal of the

AUCTIONEERS AND COMMISSION AGENTS. 11 1951. Auctioneers and Commission Agents, Etc., Act. person who engaged or appointed him to act as commission agent to allow the service or transaction to be carried out at that time under the terms of that engagement or appointment." . 14. In the first paragraph of section 24A of theAfme~ ~ ent Principal Act the words " cancel or " are repealed; also 0 s. A. the words" or cancel that license" are added to the said paragraph. 15. In the first paragraph of section 24B of the Ate~ ~ents. Principal Act the words " cancelled or" are repealed; 0 s. 13. also the words " or cancelled " are inserted therein after the words" as it thinks fit ". 16 Section 24D of the Principal Act is amended- Amendments- • of S. 24D. (a) By repealing the word" licensee" where such word first appears therein and inserting, in lieu of that repealed word, the words "person who has held a license, or of any licensee, or of any substitute for a licensee "; and by repealing the word "licensee" where that word last appears therein and inserting, in lieu of that repealed word, the words "person or licensee or substitute, as the case may be," ; and (b) By adding to the said section the following paragraph, namely:- "Where the fidelity bond or other prescribed security of any licensee is forfeited under this Act, then each and every license held by that person shall, by virtue of such forfeiture, be and be deemed to be suspended on and from the date upon which such fidelity bond or other prescribed security was forfeited and thereafter until the lodgment by him, in accordance with the provisions of this Act relating to the security to be given by applicants for licenses, of a fidelity bond in the prescribed amount from the Insurance Commissioner or other prescribed security as required in the case of an applicant for an auctioneer's license or a commission agent's license." amen1 d 7e. d Saesct - ~ " i o o 11 nowtwse:n-ty-five of the Principal Act is o A f m s e . n 2 d 5 m . ents (a) Subsection two of the said section is amended by repealing the words" during the month of March in each year" and by inserting therein, in lieu of those repealed words, the words "on or before the thirtieth day of April in each year".

AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Act. 15 GEO. VI. No. 16, (b) Subsection five of the said section is amended by repealing the words "and between the hours of ten o'clock in the forenoon and twelve o'clock noon on Saturday" appearing therein. saR. ne2dp6en. aelwof repea I l S ed . aSnedctitohne ftowlleonwtyin-gsixsecotifonthies inPsreinrtceidpailn Aliecut oisf that repealed section, namely :- Appoint. "[26.] (1.) Subject to this section, a licensee may smuebnsttiotufte at any time during the currency of his license appoint by licensee. in writing as his substitute a person approved by the court within the district in which the registered office of the licensee is situated and which is nearest by the most convenient route to such registered office. (2.) The appointment in writing and application for the approval of the court shall be lodged with the clerk of the court and shall be accompanied by testimonials as to the character of the proposed substitute signed by not less than five reputable persons, also by a fee of ten shillings (which shall be refunded if the application is withdrawn or the approval refused), and also by a fidelity bond in the prescribed amount from the Insurance Commissioner or other prescribed security in respect of the proposed substitute or certificate under the hand of the registrar that the prescribed security has been deposited elsewhere than with the clerk of that court, as if the proposed substitute were an applicant for the license: Provided, however, that in lieu of lodging the fidelity bond in the prescribed amount from the Insurance Commissioner or other prescribed security there may bEl lodged- (i.) (In a case where the security already lodged by the licensee is a fidelity bond in the prescribed amount from the Insurance Commissioner) an undertaking signed by the Insurance Commissioner to hold himself liable under the fidelity bond already lodged by the licensee as if that fidelity bond were in respect of the proposed substitute; or (ii.) (In a case where any other prescribed security has been lodged by the licensee) documents providing for liability under that prescribed security as if that prescribed security were in respect of the proposed substitute.

AUCTIONEERS AND COMMISSION AGENTS. 1951. Atwtioneers and Commission Agents, Etc., Act. (3.) If the court is satisfied that the proposed substitute is of good fame and character and otherwise is a fit and proper person to be the holder of the license, it may approve of his acting as substitute for the licensee during a period approved by it but not extending beyond the date on which the license in question ordinarily expires. Thereupon, subject to subsection four of this sQction and to the license remaining in force, during the period so approved the substitute shall be deemed to be the holder of the license and may act as substitute for the licensee who so appointed him. The substitute shall, while he is deemed to be the holder of the license, observe and comply with the provisions of this Act as such licensee and on his contravening or failing to comply with any such provision shall be liable to t,he same penalty or punishment as if he actually held t!le license. (4.) A licensee who has appointed a substitute under this section shall not act as an auctioneer or commission agent, as the case may be, until the expiration of the period during which the substItute may act as the auctioneer or commission agent, unless- (i.) The court sooner revokes its approval of the substitute; or (ii.) He has delivered to the clerk of the court which approved of his substitute a notice in writing that he is resuming business personally as the auctioneer or commission agent, as the case may be, notwithstanding that the period during which the substitute may so act has not expired. Upon the happening of any such event, the substitute shall cease to act as the auctioneer or commission agent, as the case may be, and shall cease to be deemed to be the holder of the license. (5.) The court which shall have approved of a substitute may revoke its approval at any time on any one or more of the grounds upon which a license may be cancelled under section thirty-one of this Act. The procedure upon an application for revocation of an approval given under this section shall be the same as that upon an application under section thirty-one of this Act for cancellation of a license. 13

14 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Act. 15 GEO. VI. No. 16, Repeal of and new s.28. Registered office of licensee. The provisions of this subsection shall not prejudice or affect any power under this Act to cancel or suspend the license. (6.) In the event of an undertaking or documents, as provided by the proviso to subsection two of this section, being lodged then the Minister shall have full power and authority to forfeit the fidelity bond or other prescribed security of the licensee if in his opinion the approved substitute has committed while acting as licensee an offence against this Act, and as if the approved substitute were the person in respect of whom such bond or, as the case may be, other prescribed security was issued or given and the licensee had committed the offence, and notwithstanding that the approved substitute has ceased to act as licensee or has not been convicted of the offence, or has died, or has absconded, or has left the State. 19. Section twenty-eight of the Principal Act is repealed and the following section is inserted in lieu of that repealed section, namely :- " [28.] (1.) For the purposes of this Act- (a) Each and every licensee shall have a registered office within Queensland; and (b) The address of the sole or principal place of business as specified in the application for the license held by a licensee shall be and be deemed to be the registered office of the licensee in respect of that license until that sole or, as the case may be, principal place of business is shown to have been removed to another address by- (i.) An application for the renewal of that license; or (ii.) A notification in writing received by the clerk of the court specified in subsection four of this section of that removal, when in such event the address to which the sole or principal place of business is thus shown to have been removed shall be and be deemed to be the registered office of the licensee until such lastmentioned sole or principal place of business is again shown as hereinbefore provided to have been removed to another address, and so on from time to time.

AUOTIONEERS AND OOMMISSION AGENTS. 1951. Auct'ioneers and Commission Agents, Etc., Act. 15 (2.) A licensee shall cause to be painted up or Publication affixed and keep painted up or affixed on the outside o} ~ ame e of his registered office, and, where he carries on business 0 cens e. as a licensee at any place or places other than his registered office, on the outside of each other place in which his business as a licensee is carried on, in a conspicuous position, a sign bearing, in letters easily legible, his name as a licensee and the words" Licensed Auctioneer" or "Licensed Commission Agent," as the case may be: Provided 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 that licensee, while he remains in the employment of such corporation or joint stock company or firm, to cause to be painted up or affixed and keep painted up or affixed such sign, but the corporation, or joint stock company, or registered firm shall, where it has a licensed auctioneer in its employment, cause to be painted up or affixed and keep painted up or affixed on the outside of every place in which its business is carried on, in a conspicuous position, a sign bearing, in letters easily legible, the words" Licensed Auctioneer." (3.) Any notice or other document required to be Notices, &0. served or given to a licensee shall be deemed to be duly ~ ! ~ is~ ! red served or given if left at his registered office. office deemed to be served on licensee. (4.) When and so often as a licensee removes his Notification rseomleoovresprianncyipaol tp h learce po 1 afcbeusi 0 nfebss UtoS'lnaensos thaesr aaddlriecsesn, seoer? mb f upscihanlecasnesgo, e f &c. to another address, or opens a new place where he intends to carry on business as a licensee, or ceases to carry on business as a licensee at any place, the licensee shall, within fourteen days of any such event, notify in writing the clerk of the court within the district in which his registered office is situated and which is nearest by the most convenient route to such registered office of that fact and of the address to which the licensee has removed his sole or principal place of business or other place of business as a licensee, or the address of the new place where he intends to carry on business as a licensee or the address of the place where he has ceased to carrY on business as a licensee, as the case may be.

16 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Act. 15 GEO. VI. No. 16, The clerk of the court shall within fourteen days after the receipt by him of any such notice forward a copy of that notice to the registrar. The registrar shall enter in the register of licenses the requisite particulars contained in each and every such notice received." New s. 30A. 20. The following new section 30A is inserted after section thirty of the Principal Act, namely ;- Effect of suspensim; ofa license. "[30A.] Suspension by or under this Act of any license- (a) Shall, whilst such license is so suspended, have the same effect as the cancellation of the license; (b) Shall, whilst such license is so suspended, prohibit the issuing to the person who held that license of any license under this Act; and (c) Rhall not, upon the termination of that suspension, extend the period during which that license would have remained in force if it had not been so suspended." Amendments 21. Section thirty-one of the Principal Act is of 8. 31. amended- (a) By repealing subsection one thereof and inserting the following subsection in lieu of that repealed subsection, namely;- Cancellation " (1.) A court within the district in which the of licenses. registered office of a licensee is situate may cancel the license held by that licensee on anyone or more of the grounds- (a) That such licensee has been convicted of an offence against this Act; (b) That such licensee is, in any other respect or respects, not a fit and proper person to hold such license. An application for the cancellation of a license under this subsection shall be commenced by a complaint made by any person to a justice of the peace who then may summon the licensee to appear to show cause why his license should not be cancelled.

AUCTIONEERS AND COMMISSION AGENTS. 17 1951. Auctioneers and Commission Agents, Etc., Act. If upon the day and at the time and place specified in that summons the licensee fails to appear in obedience to that summons, then upon proof of the due service of the summons upon the licensee a reasonable time before the time appointed for his appearance such court may proceed to hear and determine the matter of such complaint in the absence of such licensee." (b) By adding the following subsection to the said section, namely :- " (5.) Where--- Appeals witb respect to ( a ) A 1l· Cense I . S cance 11 ed or suspended b J 7 an ocarnsucseplleantsioionn order of a court or the Supreme Court made oflicenses. under or in pursuance of this Act; or (b) The court refuses to cancel the license of a licensee complained against under subsection one of this section, then the person who held that license where paragraph (a) of this subsection applies, or the complainant where paragraph (b) of this subsection applies, may appeal against the order or refusal to cancel the license, as the case may be (in the case where the license has been cancelled or suspended by an order of the Supreme Court) as if that order were a sentence recorded by the Supreme Court in criminal jurisdiction (and in any other case) in the same manner as a person appealing against an order of justices of the peace sitting in petty sessions, and the Supreme Court in determining the appeal may, as is thought proper, by order- (i.) (Where paragraph (a) of this subsection applies) set aside the order appealed against as from such date as may be specified in its order or dismiss the appeal; or (ii.) (Where paragraph (b) of this subsection applies) cancel the license of the licensee cornplained against or dismiss the appeal. A memorandum of the determination of the appeal shall be transmitted by the Registrar of the Suprenlf' Court to the registrar. All such Rules of Court as may be deemed necessary or convenient for regulating the procedure and practice of the Supreme Court for the purpose of giving full effect to this subsection may be made and the provisions of

18 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Act. 15 GEO. VI. No. 16, *" The Supreme Court Act of 1921" and t" The Supreme Court Act8 Amendment (Rule8 Ratification) Act of 1928 " shall apply and extend in respect of such Rules of Court." Repeal of and new s.31A. Audit of trust accounts, &c. 22. Section 31A of the Principal Act is repealed and the following section is inserted in lieu of that repealed section, namely :- "[31A.] (1.) (a) Within two months after the thirtieth day of September in each and every year, or within such abridged or extended time after the thirtieth day of September in any year as the Minister may, generally or in any particular case or cases, direct by notification in the Gazette, of which every licensee shall be deemed to have notice, each and every licensee- (i.) Shall cause his trust account or trust accounts for the whole or, as the case may be, any part of the period of twelve months next immediately preceding the said thirtieth day of September during which he has been a licensee to be audited by a person registered as a public accountant under t" The Public Accountant8 Regi8tration Acts, 1946 to 1949 "; and (ii.) Shall obtain from such public accountant a report. of the result of such audit, verified by the statutory declaration of the auditor; and (iii.) Shall send such report and statutory declaration to the Insurance Commissioner: Provided that the Minister may, in any case where, owing to the remoteness of the locality or for other good cause, he deems it desirable so to do, approve of the audit of such trust account or trust accounts by a person whom he deems competent: Provided further that the provisions of this section shall not apply where a licensed auctioneer is an employee of a corporation or joint stock company or registered firm (whether as a member of such firm or otherwise) and a report of the audit of the trust account or trust accounts, as aforesaid and relating to the transactions by all licensed auctioneers who are so employed, of such corporation, joint stock company, or firm is sent to the Insurance Commissioner as hereinbefore provided. * 12 G. 5 No. 15. t 19 G. 5 No.3. t 11 G. 6 No. 4 and amending Act.

I ,. AUCTIONEERS AND COMMISSION AGENTS. 19 1951. Auctioneers and Commission Agents, Etc., Act. Lodgment of the report of the result of any audit verified by the statutory declaration of the auditor hereinbefore referred to at the head office or a branch office of the State Government Insurance Office shall be sufficient compliance with the requirements of subparagraph (iii.) aforementioned. (b) Where a registered firm complies with any of the provisions or requirements of this Act in respect of any trust account or trust accounts or trust moneys, such compliance shall be deemed to be made not only by such firm, but also on behalf of each member thereof. (c) Where the auditor ofa trust account or trust accounts under this subsection is unable to certify that such account or accounts have been properly kept, and are in order and are correct in all respects, he shall forward a copy of his report to the registrar. (2.) A licensee shall at all reasonable times at his Inspection, roergaisnteI . rnesdpeocftfoicre 0 k f eterupsot paecncotuonitnssoprecatnioynpebrysotnheaprpegoim . sttrea d r a & b y c u . d r i e t, gI .& s tc r . a , r, in that behalf by the Minister all of. his trust accounts and all other accounts, books, and records required by this Act to be kept by him and which he is not exempted by the registrar from keeping. (3.) The registrar or an inspector of trust accounts or any person appointed in that behalf by the Minister may at any time and from time to time require any licensee- (a) To produce for his inspection, or examination, or audit, or inspection and examination and audit- (i.) All trust accounts and all documents and writings (including all authorities and orders to bankers) relating to the trust accounts of the licensee or such trust accounts, documents, and writings as aforesaid as he may specify; (ii.) All books, accounts, and records required by this Act to be kept by the licensee and which the licensee is not exempted by the registrar from keeping or such books, accounts, and records as aforesaid as he may specify; or

20 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and. Commission Agents, Etc., Act. 15 GEO. VI. No. 16, (iii.) All contracts, agreements, and other documents whatsoever relating to any transaction by or with such licensee in connection with the licensee's business as a licensee in the possession, custody, or control of such licensee or such contracts, agreements, or other documents as aforesaid as he may specify; and (b) To answer any questions or supply any information with respect to any book, account, document, writing, record, contract, or agreement referred to in this subsection or any entry therein. Moreover the registrar, an inspector oftrust accounts, or the person so appointed may at any time and from time to time require any person who has the possession, custody, or control of any book, account, document, writing, record, contract, or agreement relating to any transaction by or with any licensee in connection with that licensee's business as a licensee to produce for his inspection, or examination, or audit, or inspection and examination and audit that book, account, document, writing, record, contract, or agreement and to answer any questions or supply any information with respect thereto or with respect to any entry therein. (4.) The registrar or an inspector of trust accounts or any person appointed in that behalf by the Minister may inspect, or examine, or audit, or inspect and examine and audit all books, accounts, documents, writings, records, contracts, and agreements referred to in subsection three of this section and may take such notes or copies of or extracts from any such book, account, document, writing, record, contract, or agreement or of any entries therein as he may deem necessary. Moreover, where the registrar or an inspector of trust accounts or the person so appointed deems it necessary to do so for the purpose of obtaining evidence for production in possible subsequent proceedings against any licensee for an offence committed against this Act or any other Act he may impound pr retain any book, account, document, writing, record, contract, or agreement inspected by him in pursuance of this subsection, but the person entitled thereto shall, in lieu thereof, be entitled within a reasonable time to a copy

AUCTIONEERS AND COMMISSION AGENTS. 1951. A1{ctioneers and Commission Agents, Etc., Act. certified as correct by the person impounding or retaining it, and such certified copy shall be received in all courts as evidence and as of equal validity to the original. Any book, account, document, writing, record, contract, or agreement impounded or retained under this subsection may be detained for a period of six months, or, if within that period there have been commenced proceedings for the purpose of which such book, account, document, writing, record, contract, or agreement was impounded or retained, until the final determination of those proceedings, including any appeal in the matter of those proceedings. (5.) A person .shall not- (a) Obstruct, threaten, or intimidate the registrar, an inspector of trust accounts, or any other person in the exercise of his powers or authorities or functions or in the discharge of his duties under this section, or attempt so to do; or (b) When required under subsection three of this section to produce for inspection, or examination, or audit, or inspection and examination and audit any book, account, document, writing, record, contract, or agreement referred to in that subsection, fail to produce such book, account, document, writing, record, contract, or agreement in accordance with such requirement; or (c) When required under subsection three of this section to answer any question or supply any information with respect to any book, account, document, writing, record, contract, or agreement referred to in that subsection, or with respect to any entry in any such book, account, document, writing, record, contract, or agreement give an answer or supply information which is false or misleading, or, knowing or being in a position to know the answer or information required, fail to answer that question or supply that information; or (d) Retake or attempt to retake any book, account, document, writing, record, contract, or agreement impounded or retained under the authority of subsection four of this section. 21

22 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Act. 15 GEO. VI. No. 16, A person guilty of an offence against this subsection shall be liable to a penalty of not less than five pounds or more than one hundred pounds. (5.) Nothing in this section contained shall render any person compellable to answer any question tending to incriminate himself. (6.) Any requirement under this section may be made verbally, or made by writing addressed to the person to or on whom it is made and delivered to him personally or sent by registered post addressed to him at his registered office or place of business or employment in which case it shall be deemed to have been made at the time when it would be delivered in the ordinary course of post. (7.) For the purposes of this section the term " trust account" includes any account of or with respect to any moneys received by a person in respect of any transaction by him as a licensee; and the term " licensee" in subsections two and three of this section includes any person whose license has expired or has been cancelled, suspended, or surrendered." Repeal of and new s.31B. Duty of bank manager. 23. Section 3lB of the Principal Act Is repealed and the following section is inserted in lieu of that repealed section, namely ;- "[3iB.] (1.) It shall be the duty of the manager or other principal officer of a bank with which a licensee has deposited any moneys, whether in his own account or in any general or separate trust account, to disclose each and every such account to the registrar or an inspector of trust accounts or any person appointed by the Minister in any particular case, upon demand in writing delivered to him personally by anyone of those persons, and to permit the registrar or inspector of trust accounts or person appointed by the Minister, as the case may be, to inspect and make and take away with him a copy of or an extract from each and every such account and of or from any book, account, document, or writing relating to any such account. (2.) For the purposes of this section the term " licensee" includes any person whose license has expired or has been cancelled, suspended, or surrendered."

AUCTIONEERS AND COMMISSION AGENTS. 23 1951. Atwtioneers and Commission Agents, Etc., Act. 24. The following new section 310 is inserted after ~ ew s. 310 section 3IB in the Principal Act, namely :_ mserted. "[310.] (1.) A licensee shall not, except with the Certain approval of the court under this section, and subject to f~ r~ ~ nsnot such conditions as that court may impose, knowingly e.mployed by employ in any way whatsoever in connection with his licensees. business as a licensee any person who, in Queensland or in any other State or any Territory of the Common- wealth of Australia, has been refused a license, or has had his license cancelled or has been disqualified permanently from holding a license or has been convicted of an indictable offence. (2.) A person who, in Queensland or in any other State or any Territory of the Commonwealth of Australia, has been refused a license, or has had his license cancelled or has been disqualified permanently from holding a license or has been convicted of an indictable offence, shall not participate or be in any way concerned in the business of a licensee except with the approval of the court under this section and subject to such conditions as that court may impose. (3.) An application may be made for the approval of the court to- (a) The employment in connection with the business of a licensee; or (b) The participation or concern in the business of a licensee, of a person who, in Queensland or in any other State or any Territory of the Commonwealth of Australia, has been refused a license, or has had his license cancelled or has been disqualified permanently from holding a license or has been convicted of an indictable offence, by that person or the licensee concerned, and the court may in its discretion grant or refuse to grant its approval thereto, and if approval is granted to the application the court may impose, such conditions with respect to such employment, participation, or concern as it deems fit. Any such condition imposed by the court shall be observed by the person or persons to whom that condition is applicable. An application under this section shall be made to a court within the district in which the registered office of the licensee is then situate.

24 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Act. 15 GEO. VI. No. 16, 1951. (4.) For the purposes of this section the term " license" includes a license as defined by this Act~ and, in relation to any State, other than Queensland, or any Territory of the Commonwealth of Australia, an auctioneer's or commission agent's license or license of a like nature issued under the law of that State or, as the case may, Territory, and any renewal thereof. Notwithstanding any Act or law to the contrary, if a person is summarily convicted for an indictable offence the conviction shall, for the purposes of this section, be a conviction for an indictable offence." New 8.32(3). 25. The following subsection is added to section thirty-two of the Principal Act, namely :- " (3.) Any certificate purporting to be under the hand of the registrar of the depositing of the prescribed security by an applicant for a license in accordance with this Act shall be evidence of the matter or matters certified to therein." Amendments 26. Section thirty-four of the Principal Act is of s. 34. amended- (a) By repealing in subsection one of the said section the words " six months" where such words first occur therein and by inserting, in lieu of those repealed words, the words " twelve months" ; and (b) By adding the following subsection to the said section, namely :- " (5.) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence." Amendments 27. Section thirty-five of the Principal Act is of s. 35. amended as follows :_ (a) Subparagraph (i.) of the second paragraph of the said section is amended by repealing the words "applications for" and inserting therein the words " applications under this Act" in lieu of those repealed words; and (b) The following subparagraph is inserted after subparagraph (i.) of the second paragraph of the said section, namely:- " (i.a) Prescribing the procedure to be followed on applications to a court under this Act; ".