Auctioneers' Licensing (Amendment) Act 1934 (NSW)

AUCTIONEERS LICENSING

(AMENDMENT) ACT.

Act No. 44, 1934.

An Act to enable persons resident in the Federal Territory for the Seat of Government to obtain general auctioneers' licenses in New South Wales; to provide for the issue of primary products auctioneers' licenses within the Metropolitan Police District; for these and certain other purposes to amend the Auctioneers' Licensing Act, 1898, and certain other Acts; and for purposes connected therewith. [Assented to, 18th December, 193-1.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­	Wales in Parliament assembled, and by the authority of
the same, as follows :—
1 . (1) This Act may be cited as the "Auctioneers' Licensing (Amendment) Act, 1934," and shall be read and construed with the Auctioneers' Licensing Act, 1898, as amended by subsequent Acts.
(2) The Auctioneers' Licensing Act, 1898, as amended by subsequent Acts, is in this Act referred to as the Principal Act.
(3) The Principal Act as amended by this Act may be cited as the Auctioneers' Licensing Act, 1898- 1934.
(4) This Act shall commence on the first day of January, one thousand nine hundred and thirty-five.

2. The Principal Act is amended by inserting at the

end of section six the following new subsection:—

(3) The power to grant licenses to persons resident in a reciprocating State shall also extend to the granting of licenses to persons resident in the Federal Territory for the Seat of Government.

For the purpose of giving effect to this provision the expression "S ta te of the Commonwealth of Australia (other than New South Wales ) " in subsection one of this section and the expression "S ta t e of the Commonwealth of Austral ia" in section seven shall be deemed to include the said Territory, and any ordinance for the time being in force in the said Territory relating to the licensing of auctioneers shall be deemed to be an Act in force in the said Territory.

3. The Principal Act is further amended by omitting section eighteen and by inserting in lieu thereof the following section:—

18. No auctioneer shall attempt to sell, offer for sale or sell by way of public auction any land, goods or effects except wool not being on the skin, after sun­ set or before sunrise of any day throughout the year and every such auctioneer who offends against this section shall for every such offence forfeit and pay a penalty of not less than two pounds nor more than fifty pounds.

4 . The Principal Act is further amended—
(a)	by inserting at the end of subsection one of section four the following word and new para­ graph :—

" or

(c) a primary products license which shall be in force only at the market within the metropolitan police district which is speci­ fied in the license";

(b)

(b)	by inserting at the end of subsection two of the same section the words " o r unless he has taken out a primary products license and acts as an auctioneer only for the sale of firewood, coal, coke, fish or any products within the meaning of the Marketing of Primary Products Act, 1927- 1931, as amended by subsequent Acts, at the market specified in his license;
(c)	by inserting at the end of subsection three of the same section the words ' ' and, in the case of a primary products license, the market at which the license is in force";
(d)	by inserting at the end of subsection five of the same section the words "and an annual fee of two pounds shall be paid for each primary pro­ ducts license."

5 . The Principal Act is further amended—

(a)	by inserting at the end of subsection four of sec­ tion five the words " If the officer objects to the grant of the application, he shall include in his report a statement setting out the nature of the objection proposed to be made " ;
(b)	by omitting subsections five, six, seven, eight, nine and ten of the same section, and by insert­ ing in lieu thereof the following subsections:—

(5) Where such officer does not object to the grant of the application, the clerk with whom the application was lodged shall, on payment to him of the annual fee, issue the license.

(6) Where such officer objects to the grant of

the application—
(a)	the clerk of the court shall notify the applicant that the grant of his application will be objected to, and shall set out shortly in the notice the nature of the objection proposed to be made;
(b)	the application shall be heard and deter­ mined by the court, which for that pur­ pose shall be constituted by a stipendiary or police magistrate or two or more justices;

(c)

(c)	such hearing shall not take place until after the expiration of seven days after the lodging of the application;
(d)	the hearing of the application shall be in open court and the consideration of the application shall be deemed to be a judicial proceeding;
(e)	where the court grants an application for a license or renewal of a license, the clerk of the court shall, on payment to him of the annual fee, issue the license.

(7) A license or renewal of a license shall not

be granted to an applicant who—

(a) is the holder of a license under the Pawn­ brokers Act, 1902; or

(b) is of bad or doubtful character.

6. The Principal Act is further amended by omitting section two, and by inserting in lieu thereof the following sections:—

2. In this Act, unless the context or subject-matter

otherwise indicates or requires :—

" Auction sale," " sale by auction," " sell by way of auction," and expressions of a similar character mean the selling of any estate, goods, or effects whatsoever by outcry, by what is

known as Dutch auction, by knocking-down of

hammer, candle, lot, parcel, instrument,

machine, or by any other mode whereby the highest, the lowest, or any bidder is the pur­ chaser ; or whereby the first person who claims the property submitted for sale at a certain price named by the person acting as auctioneer is the purchaser; or whereby there is a com­ petition for the purchase of any estate, goods, or effects whatsoever in any way commonly known and understood to be by way of auction, and shall be deemed to include the selling by

outcry

outcry or in any other manner before men­ tioned in any public place or in any room, or mart, or place to which the public are admitted or have access, whether or not the sale has been advertised to take place.

" Auctioneer " means any person who exercises the trade or business of an auctioneer or seller by commission at any auction sale or who sells or attempts to sell or offer for sale or resale any estate, goods or effects by way of auction.

2A. This Act shall not apply to a sale by auction of any goods, wares, or merchandise at a bazaar or fancy fair held for raising funds in aid of any eleemosynary or charitable institution where the gross proceeds of the sale are to be devoted to such funds.

7 . The Principal Act is further amended—

(a) by omitting section three and by inserting in lieu thereof the following new section:—

3. No person shall act as an auctioneer unless

he is the holder of an auctioneer's license.

(b)	by inserting in section ten before the word " composition " the word " value " ;
(c)	by inserting in section twelve before the words " to employ " the words " for the seller or the auctioneer
(d)	by omitting from section nineteen the words
" sells or offers to sell by way of auction as
aforesaid " and by inserting in lieu thereof the words " acts as an auctioneer."

PUBLIC