Auctioneers and Commission Agents Acts Amendment Act of 1953 (2 Eliz Ii No. 22) (Qld)

AUCTIONEERS AND COMMISSION AGENTS. 2 E liz . II. No. 22,1953. Auctioneers and Commission Agervts, Etc., Act. ARBITRATION, INDUSTRIAL. See L abour . 35 AUCTIONEERS AND COMMISSION AGENTS. An Act to Amend “The Auctioneers and Commission 2 N e o l . u 2 . 2. ii . Agents Acts, 1922 to 1951,” in certain AuJ-MRS ' particulars. co™™ A gents A cts A mendment [A ssented to 15 th D ecember ; 1953.] ^ 5 ™ E it enacted by tlie Queen’s Most Excellent Majesty, B 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 short title and Commission Agents Acts Amendment Act of 1953,” contraction and shall be read as one with *“ The Auctioneers and ' Commission Agents Acts , 1922 to 1951,” herein referred to as the Principal Act. The Prineipal Act and this Act may be collectively Collective cited as “ The Auctioneers and Commission Agents Acts, tlto' 1922 to 1953.” 2. Section four of the Principal Act is amended— Amendment . , . of s. 4. (a) By inserting therein, after the definition “ Insurance Commissioner ”, the following definition, namely :— “ “ Land ”—According as land is freehold or held Land- from the Crown for an estate of leasehold, the estate in fee-simple or, as the case may be, the leasehold estate held from the Crown ' therein ; ” ; aad (b) By inserting therein, after the definition “ Regulations ”, the following definition, namely :— “ “ Sale ”—Includes an agreement to sell as well Sale, as a sale ; ”. * 13 G. .5 No. 27 and amending Acts.

36 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Acts. 2 E liz . II. No. 22, Amendment of s. 7. 3. Section seven of the Principal Act is amended by repealing subsection five thereof and by inserting, in lieu of that repealed subsection, the following subsection, namely :— “ (5.) There shall be payable in respect of every such license and every annual renewal thereof such fee as may be prescribed from time to time.” Amendment of s. 15 a . 4. Section 15 a of the Principal Act is amended by adding thereto the following paragraph, namely :— “ Where any amount is alleged to be payable to an auctioneer for recouping expenditure lawfully incurred by him in connection with a service or transaction then, in proceedings against him under this section for that he demanded, received, or retained from moneys received by him, that amount contrary to this section, the onus of proving the lawfulness of the expenditure in question and the amount thereof shall be upon him and, if he fails to make that proof, the court shall presume that the expenditure in question was not lawfully incurred by him.” A of m s. en 1 d 6. ment by re5p.eaSleinctgiosnubssixectetieonn offivtehethPerreinocfiapnadl Abcyt inissearmtineng, deind lieu of that repealed subsection, the following subsection, namely :— “ (5.) There shall be payable in respect of every such license and every annual renewal thereof such fee as may be prescribed from time to time.” New s. 19 a inserted. 6. The following section is inserted after section nineteen of the Principal Act, namely :— When agent prohibited “ {19A.1 ( 1 .) An auctioneer or commission agent from having shall not, in respect of land had by him for sale, obtain ionptteiroensttoin or be in any way concerned in obtaining from the seller purchase an option to purchase wherein that auctioneer or land. commission agent is beneficially interested. ' (2.) An auctioneer or commission agent shall not as such sell land at any time when, in respect of that land, there is subsisting an option to purchase wherein that auctioneer or commission agent is beneficially interested.

AUCTIONEERS AND COMMISSION AGENTS. 1953. Auctioneers and Commission Agents, Etc., Acts. (3.) In and for the purposes of this section- (a) An option to purchase includes any transaction whatsoever granting or purporting to grant a right not immediately exercisable to purchase or to be given an option to purchase ; ( b) An auctioneer or commission agent shall be deemed to be beneficially interested in an option to purchase given to any of the following, that is to say :— (i.) That auctioneer or commission agent, or the spouse or a parent or child of that auctioneer or commission agent; (ii.) A corporation (not being a corporation consisting of more than twenty persons), body or association of persons, firm or partnership carrying on business' for profit or gain whereof that auctioneer. or commission agent, or the spouse or a parent or child of that auctioneer or commission agent, is a member; (iii.) In the case of a corporation carrying on business as a commission agent—that corporation or any member thereof, or the spouse or a parent or child of any member thereof; (iv.) In the case of an auctioneer employed as such by a corporation—that corporation, a member of that corporation employed by it in any business carried on by it, the spouse or a parent or child of such a member, or, if that corporation consists of not more than twenty members, any member thereof or the spouse or a parent or child of any member thereof; (v.) In the case of an auctioneer or commission agent carrying on business as such as a member of a firm or partnership—any other person who is a member of that firm or partnership or the spouse or a parent or child of such a person ;

33 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Acts. 2 E liz . II. No. 22, (vi.) Any person carrying on for profit or gain a business in the income wherefrom or profits whereof that auctioneer or commission agent, or the spouse or a parent or child of that auctioneer or commission agent, has directly or indirectly a right to participate ; and (vii.) An employee or sub-agent of that auctioneer or commission agent or the spouse or a parent or child of such an employee or sub-agent; and (c) The term “ sell”, in relation to an auctioneer or commission agent acting as such, means sell, agree to sell, attempt to sell, have for sale, negotiate for a sale, or be in any way concerned in selling. (4.) An auctioneer or commission agent who in any respect contravenes this section shall be guilty of an offence against this Act. and liable to a fine not exceeding four hundred pounds or to be imprisoned for a term not exceeding twelve months or, if a corporation, a fine not exceeding two thousand pounds.” Amendment 7. Section 23 a of the Principal Act is amended by of s. 23 a . adding thereto the following paragraph, namely :— “ Where any amount is alleged to be payable to a commission agent for recouping expenditure lawfully incurred by him in connection with a service or transaction then, in proceedings against him under this section for that he demanded, received, or retained from moneys received by him, that amount contrary to this section, the onus of proving the lawfulness of the expenditure in question and the amount thereof shall be upon him and, if he fails to make that proof, the court shall presume that the expenditure in question wras not lawfully incurred by him.” New s. 24 aa 8 The following section is inserted after section inserted. 24 a of the Principal Act, namely :— noriT&c** “ [ 24 aa . ~ \ (1. ) An auctioneer who sells by auction, respecting or a commission agent who as such or as a principal ofaflwmcey se^s any land, whether improved or unimproved, shall give ‘ to the purchaser a statement in writing in compliance in every respect with the requirements of this section.

AUCTIONEERS AND COMMISSION AGENTS. 1953. Auctioneers and Commission Agents, Etc., Acts. (2.) A statement in writing under this section shall- (a) Clearly identify the land to which the statement relates; (b) State the names and addresses respectively of the seller and purchaser; (c) State clearly whether or not the auctioneer or commission agent has (by himself or by any of his employees) made or offered to the purchaser any representation, promise or term as respects the availability of finance for defraying wholly or in part the purchase price ; ( d ) If any such representation, promise or term has been so made or offered, in addition to stating clearly that fact, state clearly the particulars of that representation, promise or term ; ( e ) State the date on which that statement is given ; and (/) Be signed by the auctioneer or commission agent or by a person thereunto authorised in writing (prior notice whereof accompanied by a copy of the authority has been delivered to the registrar) by the auctioneer or commission agent, and shall not contain any other written, typewritten or printed matter whatsoever except the letter head, if any, of the auctioneer or commission agent giving it (3.) A statement in writing under this section shall be given by the auctioneer or commission agent to the purchaser before the purchaser signs any contract, agreement or document whatsoever legally binding or intended to legally bind the purchaser in respect of the sale. (4.) If in respect of the sale of any land, whether improved or unimproved— (а) By an auctioneer by auction ; or (б) By a commission 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 39

40 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Acts. 2 E liz . II. No. 22, every respect with any representation, promise or term made or offered to the purchaser by, or by an employee of, that auctioneer or commission agent, then the purchaser may at his option void the contract entered into by him in respect of that sale by notice in writing given either to the seller or to the auctioneer or commission agent concerned within three months after the purchaser has knowledge that finance, or an amount or instalment of finance, as aforesaid is not so available. (5.) Upon the voidance (whether by the purchaser in pursuance of this section or by the seller for that the purchaser has failed to pay in terms of the contract the purchase price or any amount thereof) of a contract to which subsection four of this section applies, the seller and the auctioneer or commission agent concerned shall be liable at law, jointly and severally, for the repayment to the purchaser of all moneys paid by him under the contract and such moneys shall be recoverable, by action as for a debt, by the purchaser accordingly. Judgment recovered against either person liable as aforesaid in respect of money repayable under this subsection shall not be a bar to an action against the other person so liable, but if separate actions are brought against those persons the sums recoverable under the judgments given in those actions shall not in the aggregate exceed the amount of money repayable to the purchaser concerned, and in the one of those actions in which judgment is secondly given, the plaintiff shall not be entitled to costs unless the Court is of opinion that there was reasonable ground for bringing the action. (6.) Where a representation, promise or term to which this section applies shall have been made or offered without the knowledge, connivance or consent of'the seller, the seller may recover from the auctioneer or commission agent concerned any moneys paid under the contract and not received by the seller which the seller has repaid to the purchaser, and additionally any damage suffered by the seller consequent on the voidance by the purchaser of the contract. (7.) Any covenant, agreement or condition expressed or implied in any contract, agreement or document whatsoever legally binding, or intended to legally bind, the purchaser in respect of the sale to that purchaser of any land, or in a separate document, whereby it is

AUCTIONEERS AND COMMISSION AGENTS. 1953. Auctioneers and Commission Agents, Etc.) Acts. agreed between the seller or the auctioneer or commission agent concerned of the one part and the purchaser of the other part that any representation, promise or term made or offered to the purchaser for which the seller or the auctioneer or commission agent is legally liable by virtue of this section, shall not be legally binding as against that seller and auctioneer or commission agent, or either of them, shall be absolutely void and of no legal effect whatsoever. (8.) An auctioneer or commission agent who— {a) Being thereunto required by the provisions of subsection one of this section fails to give to a purchaser of land a statement in writing in compliance in every respect with the requirements of subsections two and three of this section ; or (b) Being liable at law in pursuance of the provisions of this section for repayment to a purchaser of land of any moneys paid by that purchaser under the contract entered into by him, fails to make such repayment in full within fourteen days after becoming so liable, shall be guilty of an offence against this Act and liable to a fine not exceeding four hundred pounds or to imprisonment for a term not exceeding twelve months or, if the offender is a corporation, a fine not exceeding two thousand pounds. Liability to punishment under this subsection shall be additional to other liabilities at law imposed by this section, and the fact that an auctioneer or commission agent has not been prosecuted or, if prosecuted, convicted for an offence under this subsection shall not bar or prejudice howsoever any proceedings for enforcing against him any such other liability. (9.) The provisions of this section shall (with and subject to all such adaptations thereof as are necessary to subject the seller to the obligations and liabilities imposed by this section upon an auctioneer or coinmission agent and to confer upon the purchaser all such rights and remedies as are conferred by this section ikpon a purchaser purchasing through an auctioneer or commission agent) apply to and with respect to any and every sale of land effected otherwise thaix through an auctioneer or commission agent-. 41

4$ AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Acts. 2 E liz . II. No. 22, (10.) Where the provisions of subsection four of this section would apply in respect of a sale of land effected before the date of the passing of *“ The Auctioneers and Commission Agents Acts Amendment Act of 1953,” had that sale been effected on or after that date, then— (а) If the contract entered into by the purchaser in respect of that sale has been voided before that date or shall be voided thereafter by the seller for that the purchaser failed to pay in terms of that contract the purchase price or any amount thereof; or (б) If the purchaser shall at any time after that date void that contract (it being hereby declared that such a contract shall be voidable by a purchaser by notice as prescribed by subsection four of this section : Provided that, if the grounds upon which the notice is given have occurred before that date, the notice shall have been duly given within three months after that date), the provisions of subsections five, six, seven, and eight of this section shall apply to and in respect of that sale, the seller, purchaser, and any auctioneer or commission agent concerned.” New s. 24 ab 9. The following section is inserted after section inserted. 24 aa of the Principal Act, as previously inserted by this Act, namely :— Obligations “ [24 ab .] (I.) When an auctioneer by auction, or a olifcesnelsleeerss aanndd commission agent as such, sells any land which— rights of purchasers (i.) If freehold land under f“ The Real Property as respect Acts, 1861 to 1952,” is not the whole of the assurance of title to land. land contained in an existing Deed of Grant or Certificate of Title ; or (ii.) If held from the Crown for an estate of leasehold, is not the whole of the land contained in the existing lease or other existing instrument assuring title to the estate in that land held from the Crown, or is so held subject to conditions or covenants * This Act. f 25 V. No. 14 and amending Acts.

AUCTIONEERS AND COMMISSION AGENTS. 1953. Auctioneers and Commission Agents, Etc., Acts, debarring or restricting a holder of that leasehold estate therein as at the time of that sale from disposing of the estate therein held from the Crown, then, notwithstanding any other provision of this Act, that auctioneer or commission agent shall retain in the general or separate trust account into which he has paid the same pursuant to the requirements of this Act all moneys received by that licensee in respect of that transaction until— (a) In the case of freehold land under *“ The Real Property Acts, 1861 to 1952,” there shall have been lodged in the office of the Registrar of Titles and passed as correct for registration by the Registrar of Titles all such plans, instruments and other documents whatsoever as are required under those Acts to be so lodged and passed precedent to the taking out of a separate Certificate of Title under those Acts containing that land ; or ( b ) In the case of land held from the Crown for an estate of leasehold, the holder of that leasehold estate therein as at the time of the sale is legally competent to assure to the purchaser title to that leasehold estate, unless the person who paid that money shall be sooner entitled as provided under this section to a refund thereof in which event that licensee may make the refund from that trust account provided he does so in compliance in every respect with the requirements of this Act in relation to payment by him of moneys from a trust account. (2.) Any person who, in respect of a sale of any land, being land to which subsection one of this section applies, receives, other than in the capacity of auctioneer or commission agent, any money shall— (a) Pay forthwith that money into an office or branch situated in Queensland of a bank carrying on business under the authority of a Statute of the Parliament of thip State or of the Commonwealth, to the credit of a general or separate trust account; and * 25 V. No. 14 and amending Acts. 43

44. AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Acts. 2 E liz . II. No. 22, : (6) Not withdraw it or any amount of it from that : trust account until the provisions of paragraph (a) or, as the case requires, paragraph ( b) of subsection one of this section shall have ; been complied with in every respect in . respect of the land concerned unless the person • . .• who paid that money shall be sooner entitled ; . as provided under this section to a refund thereof, in which event that refund may be made from that trust account. (3.) If in respect of— • (i.) Any freehold land under *“ The Real Property : Acts, 1861 to 1952,” all such plans, ‘ . instruments and other documents whatsoever ; as are required under those Acts to be lodged in the office of the Registrar of Titles and ' , ’ passed as correct for registration by the . ,; Registrar of Titles precedent to the taking . . out of a separate Certificate of Title under those Acts containing that land shall not have , been so lodged and passed before a purchaser shall have become liable to pay in full the purchase price payable therefor or, in any case : to which section nine of f“ The Contracts of Sale of Land Act of 1933 ” applies, an amount of the purchase price equal to thirty-three and one-third per centum thereof; or (ii.) Any land held from the Crown for an estate of leasehold, the holder from the Crown of that leasehold estate shall not be legally competent to assure to the purchaser title . to that leasehold estate when that purchaser shall have become liable to pay in full the purchase price payable therefor, then subject to, and upon or at any time after, making or tendering payment as aforesaid the purchaser may at his option void the contract in respect of the sale and purchase of that land entered into by him by notice in writing given to the seller or, if the sale was effected by an auctioneer or commission agent, to either that seller or that, auctioneer or commission agent. • (A)’ Upon the voidance, pursuant to the provisions of subsection three of this section, by a purchaser of a contract in respect of the sale and purchase of any land, * 25 V. No. 14 and amending Acts. f2*G. 5 No. 26. (

AUCTIONEERS AND COMMISSION AGENTS. 1953. Auctioneers and Commission Agents, Etc., Act§. any auctioneer, commission agent or other person whosoever who, in respect of that transaction, shah have received any moneys paid by or on behalf of the purchaser, shall forthwith refund the same to the person by or on whose behalf those moneys were paid, or as he may direct in writing, and all such moneys shall be recoverable, by action as for a debt, by the person by whom or on whose behalf the same were paid. (5.) Any auctioneer, commission agent or other person whosoever who contravenes or fails to comply with any provision of this section shall be guilty of an offence against this Act and liable to a fine not exceeding four hundred pounds or to imprisonment for a term not exceeding twelve months or, if the offender is a corporation, a fine not exceeding two thousand pounds. Liability to punishment under this subsection shall be additional to other liabilities at law imposed by this section, and the fact that an auctioneer, commission agent or other person whosoever has not been prosecuted or, if prosecuted, convicted for an offence under this subsection shall not bar or prejudice howsoever any proceedings for enforcing against him any such other liability. (6.) Any covenant, agreement or condition expressed or implied in any contract, agreement or document whatsoever legally binding, or intended to legally bind, the parties, or any of the parties, to any transaction in respect of the sale of any land, being land to which this section applies, whereby it is agreed that the provisions of this section shall, in any respect, not apply in respect of that transaction, shall be void and of no legal effect whatsoever. (7.) In and for the purposes of this section the term “ sell ” means sell, or agree to sell, or give an option for the purchase of land, or any other transaction whatsoever granting or purporting to grant to any person a right not immediately exercisable to purchase or to be given an option for the purchase of land. (8.) A purchaser who shall have purchased before the enactment of this section any land to which this section applies may, in pursuance of this section, void the contract entered into by him in respect of the sale and purchase of that land : 45

46 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Acts. 2 E liz . II. No. 22, Provided that, if the payments prescribed by this section to be made or tendered by him precedent to voiding the contract were made or tendered before the enactment of this section, due notice of the voidance by him of the contract shall be given by him within three months after the enactment of this section. Upon the voidance, in pursuance of this section, of any contract hereinbefore referred to in this subsection, the provisions of subsections four and six and so far as relates to offences against subsection four, subsection five of this section shall apply to and in respect of that contract, the seller, purchaser and any auctioneer or commission agent concerned.” New s. 24 ac 10. The following section is inserted after section inserted. 24 ab of the Principal Act, as previously inserted by this Act, namely:— Lands not lawfully usable for residential purposes. “ [24 ac .] ( 1 .) An auctioneer who sells by auction or a commission agent who as such or as a principal sells any vacant land situated within— (а) The Area of the City of Brisbane ; or (б) Any Area within the meaning of *“ The Local Government Acts, 1936 to 1953,” the use whereof for residential purposes is unlawful as at the date of the sale shall give to the purchaser a statement in writing in compliance in every respect with the requirements of this section. (2.) A statement in writing under this section shall— (a) Clearly identify the land to which the statement relates ; (b) State the names and addresses respectively of the seller and purchaser ; (c) State clearly that the use of the land for residential purposes is unlawful; (d) Inform, by a separate paragraph therein, the purchaser that if he erects on the land a dwelling-house or otherwise uses the land for residential purposes contrary to law he will be guilty of an offence and additionally inform him that Brisbane City Council or, as the case may be, other appropriate Local Authority (naming that Local Authority) is * 1 G. 6 No. 1 and amending Acts.

AUCTIONEERS AND COMMISSION AGENTS. 1953. Auctioneers and Commission Agents, Etc., Acts. lawfully empowered to demolish any dwelling-house or other residential structure erected on the land contrary to law; (e) State the date on which the statement is given; and (/) Be signed by the auctioneer or commission agent or by a person thereunto authorised in writing (prior notice whereof accompanied by a copy of the authority has been delivered to the registrar) by the auctioneer or commission agent, and shall not contain any other written, typewritten, or printed matter whatsoever except the letter head, if any, of the auctioneer or commission agent giving it. (3.) A statement in writing under this section shall be given by the auctioneer or commission agent to the purchaser before the purchaser signs any contract, agreement or document whatsoever legally binding or intended to legally bind the purchaser in respect of the sale. (4.) If in respect of the sale of any land to which this section applies— (a) By an auctioneer by auction ; or ( b ) By a commission agent whether as such or as a principal, a statement in writing shall not have been given to the purchaser in compliance in every respect with the requirements of this section then the purchaser may at his option void the contract entered into by him in respect of that sale by notice in writing given either to the seller or to the auctioneer or commission agent concerned within three months after the purchaser shall have been informed by Brisbane City Council or other appropriate Local Authority that the use of the land for residential purposes is unlawful, but so given not later than one year after the purchaser shall have entered into the contract. (5.) Upon the voidance not later than one year after the purchaser shall have entered thereinto (Whether by the purchaser in pursuance of this section br by the seller for that the purchaser has failed to pay1 in. terms of the contract the purchase price or any amount thereof) of a contract to which subsection four of this section 47

48 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Acts. 2 E liz . II. No. 22, applies, the seller and the auctioneer or commission agent concerned shall be liable at law, jointly and severally, for the repayment to the purchaser of all moneys paid by him under the contract and such moneys shall be recoverable, by action as for a debt, by the purchaser accordingly. Judgment recovered against either person liable as aforesaid in respect of money repayable under this subsection shall not be a bar to an action against the other person so liable, but if separate actions are brought against those persons the sums recoverable under the judgments given in those actions shall not in the aggregate exceed the amount of money repayable to the purchaser concerned, and in the one of those actions in which judgment is secondly given, the plaintiff shall not be entitled to costs unless the Court is of opinion that there was reasonable ground for bringing the action. Where, pursuant to this section, a purchaser voids a contract entered into by him for the purchase of land to which this section applies after the assurance to him of title to the estate in that land purchased by him, then that purchaser shall, subject to the tender to him of repayment in full as prescribed by this subsection, execute such instruments as, being necessary to reassure that title to the seller or his nominee, are presented to him for execution by or on behalf of the seller and deliver up to the seller or his nominee any relevant instrument of title in his possession or under his control, but the purchaser shall not be liable for any costs or expenses in respect of such re-assurance of title. (6.) Any covenant, agreement or condition expressed or implied in any contract, agreement or document whatsoever legally binding, or intended to legally bind, the purchaser in respect of the sale to that purchaser of any land to which this section applies, or in a separate document, whereby it is agreed between the seller or the auctioneer or commission agent concerned of the one part and the purchaser of the other part that this section or any of the provisions hereof shall not apply in respect of that sale, or shall so apply subject to exceptions, limitations or restrictions, or otherwise affecting or prejudicing the rights and remedies had by the purchaser under this section or any provision hereof, shall be absolutely void and of no legal effect whatsoever.

AUCTIONEERS AND COMMISSION AGEIITS. 1953. Auctioneers and Commission Agents, Etc., Act s. (7.) An auctioneer or commission agent vdid— (а) Being thereunto required by the provisions of subsection one of this section fails to give to a purchaser of land to which this section applies a statement in compliance in every respect with the requirements of subsections two and three of this section ; or (б) Being liable at law in pursuance of the provisions of this section for repayment to a purchaser of land to which this section applies of any moneys paid by that purchaser under the contract entered into by him, fails to make such repayment in full within fourteen days after becoming so liable, shall be guilty of an offence against this Act and liable to a fine not exceeding four hundred pounds or to imprisonment for a term not exceeding twelve months or, if the offender is a corporation, a fine not exceeding two thousand pounds. Liability to punishment under this subsection shall be additional to other liabilities at law imposed by this section, and the fact that an auctioneer or commission agent has not been prosecuted or, if prosecuted, convicted for an offence under this subsection shall not bar or prejudice howsoever any proceedings for enforcing against him any such other liability. (8.) The provisions of this section shall (with and subject to all such adaptations thereof as are necessary to subject the seller to the obligations and liabilities imposed by this section upon an auctioneer or commission agent and to confer upon the purchaser all such rights and remedies as are conferred by this section upon a purchaser purchasing through an auctioneer or commission agent) apply to and with respect to any and every sale of land (being land to which tljiis section applies) effected otherwise than through an auctioneer or commission agent. (9.) Where the provisions of this section would apply in respect of a sale of land (being land to which this section applies) effected within six months before 49 1

50 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Acts. 2 E liz . II. No. 22, the date of the passing of *“ The Auctioneers and Commission Agents Act Amendment Act of 1953,” had that sale been effected on or after that date, then— (a) If the contract entered into by the purchaser in respect of that sale has been voided before that date or shall be voided not later than six months thereafter by the seller for that the purchaser failed to pay in terms ofthat contract the purchase price or any amount thereof; or (b) If the purchaser shall at any time after that date void that contract (it being hereby declared that such a contract shall be voidable by a purchaser by notice as prescribed by subsection four of this section : Provided that the notice shall have been duly given within three months after that date), the provisions of subsections five, six, seven, and eight of this section shall apply to and in respect of that sale the seller, purchaser, and any auctioneer or commission agent concerned. (10.) In this section the term “ vacant land ” means land whereon there are no structural improvements other than fencing.” New s. 24 ad 11. The following section is inserted after section inserted. 24 ac of the Principal Act, as previously inserted by this Act, namely:— When “ [ 24 ad . ' ] ( 1.) The registrar may in writing call upon Minister any licensee to attend before the registrar at the place, lmicaeynsec. ancel upon the day, and at the time specified in such writing and there and then to satisfy him in respect of any of the following matters, that is to say :— (a) That, in respect of a sale of land effected by that licensee, whether as such or as a principal, neither he nor any of his employees have made or offered to the purchaser any representation, promise or term as respects the availability of finance for defraying wholly or in part the purchase price which has not been fulfilled according in every respect as so made or offered or, alternatively, where the making or offering of such a representation, promise or term which has . not been fulfilled is admitted, that the same was made or offered bond fide and the * This Act. i

AUCTIONEERS AND COMMISSION AGENTS. 1953. Auctioneers and Commission Agents, Etc., Acts. fulfilment thereof according in every respect as made or offered was prevented by circumstances arising after it was made or offered, being circumstances of which the licensee neither had knowledge nor could, by the exercise of care and diligence, have acquired knowledge before effecting the sale in question; or (6) That, in respect of a sale of land (being land to which section 24 ab of this Act applies) effected by that licensee, whether as such or as a principal, prior to the entry by the purchaser into any contract or agreement in respect of the sale, he informed the purchaser of the provisions of section 24 ab of this Act, and in particular of the rights of the purchaser under that section, and further that such licensee has complied in every respect with the provisions binding upon him of that section ; or (c) That, in respect of a sale of land (being land to which section 24 ac of this Act applies) effected by that licensee, whether as such or as a principal, prior to the entry by the purchaser into any contract or agreement in respect of the sale, he informed the purchaser of the provisions of section 24 ac of this Act, and in particular of the rights of the purchaser under that section, and further that such licensee has complied in every respect with the provisions binding upon him of that section ; or (d ) That, in respect of promoting or effecting a sale of land or goods or any other property, or any other transaction, neither that licensee nor any of his employees has made or offered representations, promises or terms which are not compatible with accepted standards of good conduct and business procedure. (2.) The registrar shall not be required or c ompellable to give to a licensee particulars of a matter specified in subsection one of this section in respect Whereof the registrar requires that licensee to satisfy him as provided in that subsection. 51

52 AUCTIONEERS AND COMMISSION AGENTS. Auctioneers and Commission Agents, Etc., Acts. 2 E liz . II. No. 22, (3.) If any licensee thereunto required by the registrar under this section— (a) Fails to attend before the registrar at the place, upon the day, and at the time specified by the registrar ; or ( b ) Upon attending before the registrar fails, in respect of the matter of his attendance before the registrar, to satisfy the registrar in every respect as provided by subsection one of this section, the registrar shall certify accordingly to the Minister who thereupon may, in his absolute discretion and without assigning any reason therefor except the aforesaid certificate of the registrar, cancel the license or licenses under this Act of that licensee. (4.) In addition to the aforesaid power of cancellation the Minister shall have power to cancel and may, in his absolute discretion, cancel the license or licenses of any licensee who shall be convicted of an offence against any of the provisions of sections 19 a , 24 a , 24 aa , 24 ab , and 24 ac of this Act. (5.) A licensee may appeal to the Governor in Council against the cancellation by the Minister of his license or licenses and upon such an appeal the Governor in Council may, according as he deems fit, affirm or revoke the cancellation. The appeal shall be instituted by notice in writing signed by the appellant or his solicitor and given to the Minister within fourteen days after the cancellation of the license or licenses. Pending the decision by the Governor in Council upon the appeal the cancellation shall be stayed. (6.) The registrar may adjourn from place to place or time to time any attendance required by him under this section. • (7.) In and for the purposes of this section the term “ registrar means the person holding for the time being the office under this Act of registrar of auctioneers and commission agents or any person appointed to act temporarily in that office or discharging for the time being the duties of that office. (8.) This section shall apply so as not to derogate from the power of a court to cancel or suspend any license.”

AUCTIONEERS AND COMMISSION AGENTS. 53 1953. Auctioneers and Commission Agents, Etc,, Act's. 12. The following subsection is added to section Amendment thirty-one of the Principal Act, namely :— ' ‘ “ (6.) A licensee shall not, without the prior consent in writing of the registrar— (a) Carry on business as such or advertise or in any manner whatsoever hold out that he carries on business as such— (i.) Under the name, or a name nearly resembling the name, whereunder a person whose license shall have been cancelled under or in pursuance of any provision of this Act was carrying on business as a licensee when his license was cancelled; or (ii.) Under a name implying or capable of being construed as implying that he is the successor in business, or in any way interested or concerned in continuing the business as a licensee, of a person whose license shall have been cancelled under or in pursuance of any provision of this Act; or (b) In connection with his business or the name of his business as such, use any word or words associating himself or his business as a licensee in any way whatsoever with a person or the business as a licensee of a person whose license shall have been cancelled under or in pursuance of any provision of this Act: Provided that this subsection shall not apply in respect of the carrying on by a licensee of his business as such under his true name without any addition or adaptation whatsoever and in particular without any words of association as hereinbefore specified in this subsection.” 13. Section thirty-five of the Principal Act is Amendment amended by repealing subparagraph (vi.) of the second of s'3S- paragraph thereof and by inserting, in lieu of that repealed subparagraph, the following subparagraph, namely :— (vi.) The security to be given by applicants for licenses and the recovery and application of the moneys thereby seemed; the fees to be paid for licenses and renewals thereof; which security or fees may vary in different districts; and which fees may differ in amount in respect of different licenses.”