Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts Amendment Act of 1960 (9 Eliz Ii No. 34) (Qld)

Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts Amendment Act of 1960 (9 Eliz II No. 34)

181 d^uccitslanb ANNO NONO ELIZABETHAE SECUNDAE REGINAE. No. 34. An Act to Amend "The Auctioneers and Commission Agents Acts, 1922 to 1953," in certain particulars. [A ssented to 12 th D ecember , I960.] E it enacted by the 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. (1.) This Act may be cited as “ The Auctioneers, Short title. Real Estate Agents, Debt Collectors and Motor Dealers Acts Amendment Act of 1960.” 1922( t 2 o .) 19“5 T 3 h ,” e a A re uc i t n io t n h e i e s r A s c a t n r d ef C e o rr m ed mi t s o si a o s n t A he ge P n r t i s n A ci c p t a s, l PArcitn.cipal Act. colle(c3ti. ) veTlyhecitePdriansc“ ip T al he A Au c c t tio a n n e d ers t , h R is eal A E c s t tate m A a g y en b ts e , tCitollel. ective Debt Collectors and Motor Dealers Acts, 1922 to 1960.”

182 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. -34, mCoemntmoefnAcect. day o2f.JaTnhuisarAy, cotnsehtahlol ucsoamned ninintoe houpnedrraetidoannodnsitxhtye-ofinres. t tAoitfmlleoe. nngdment the 3lo. ngThetitPlerintchiepraeloAf ctthies awmoernddsed“bayndomCitotminmg isfrsoiomn Agents ” and inserting in their stead the words “, Real Estate Agents, Debt Collectors and Motor Dealers Aofmse. nId. ment omit4tin. gSetchtieonwoonredsof“ th a e nd Pri C n o c m ip m al is A sio c n t is Ag am en e t n s d”edabnyd inserting in their stead the words “, Real Estate Agents , Debt Collectors and Motor Dealers ”. Oofmteisrsmio.n word5s . “ TohrejoPinritnsctiopcakl cAocmt piasnaym” ewndheedresboyevoermoitctcinugrritnhge. Amendments of s. 2. 6. Section two of the Principal Act is amended— (a) By omitting the marginal note to subsection two and inserting in its stead the following marginal note :—■ “ Operation of Act as to real estate agents, debt collectors and motor dealers.” ; and (b) By omitting from subsection two the words “ commission agents ” and inserting in their stead the words “ real estate agents, debt collectors and motor dealers ”. Amendments of s. 4. 7. Section four of the Principal Act is amended— (а) By omitting the definition “ Commission agent ” ; (б) By inserting after the definition “ Court ” the following definition ” :— Debt collector. “ “ Debt collector ”—Any person who as an agent for others, and whether on commission or for or in expectation of any fee, gain or reward, and either alone or in connection with any other business, and either generally or in respect of any one transaction, exercises or carries on the business or advertises or notifies that he exercises or carries on the business of collecting debts: The term does not include a person employed merely as a clerk or servant, a registered banking or life assurance company, trustee company, friendly society, building society,

1960. Auctioneers, Etc., Acts Amendment Act. 183 the Public Curator or any of his deputies, or a person to whom the provisions of this Act relating to debt collectors do not apply; ” ; (c) By omitting the definition “ Insurance Commissioner ” ; (d) By omitting from the definition “ Letting ” the word “ commission ” twice occurring and inserting in its stead wheresoever omitted the words “ real estate ” ; (e) By adding to the definition “ Motor dealer ” the words The term does not include a person employed merely as a clerk or servant, a registered banking or life assurance company, trustee company, friendly society, building society, or the Public Curator or any of his deputies, or a person to whom the provisions of this Act relating to motor dealers do not apply ” ; (/) By inserting after the definition “ Property ” the following definition:— “ “ Real estate agent ”—Any person who as an Real estate agent for others, and whether on commission agont' or for or in expectation of any fee, gain or reward, and either alone or in connection with any other business, and either generally or in respect of any one transaction, exercises or carries on the business or advertises or notifies that he exercises or carries on the business of buying, selling, exchanging or letting houses, land or estates, or negotiating for such buying, selling, exchanging or letting, or buying, selling, exchanging or letting hotel businesses, residential businesses, boarding house businesses, storekeeping businesses, manufacturing businesses, or businesses of any kind whatsoever, or any interest in any of such businesses, or buying, selling or exchanging livestock: The term does not include a person employed merely as a clerk or servant, a registered banking or life assurance company, trustee company, friendly society, building society, the Public Curator or any of his deputies, or a person to whom the provisions of this Act relating to real estate agents do not apply; ”;

184 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. 34, (g) By omitting from the definition “ Registrar ” the words “and commission agents” and inserting in their stead the words real estate agents, debt collectors and motor dealers ” ; and (h) By inserting after the definition “ Sale ” the following definition:— “ “ State Government Insurance Office (Queensland) ”—The State Government Insurance Office (Queensland) under and within the meaning of “ The State Government Insurance Office (Queensland) Act of 1960 ” ; Amendment of s. 5. 8. (1.) Section five of the Principal Act is amended by omitting the words “ and commission agents and such ” and inserting in their stead the words real estate agents, debt collectors and motor dealers and such deputy registrars and (2.) The person who immediately before the commencement of “ The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts Amendment Act of 1960,” held the office of registrar of auctioneers and commission agents shall without further or other appointment be deemed to have been appointed under “ The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1960,” as the first registrar of auctioneers, real estate agents, debt collectors and motor dealers and shall hold office accordingly. Repeal of s. 6. 9. Section six of the Principal Act is repealed. Aofmse.n7d.ments amen1d0ed. — Section seven of the Principal Act is (a) By omitting from subsection one the words “ of a commission agent’s license or an auctioneer’s license ” and inserting in their stead the words “ of a license of some other class or description ” ; (b) By omitting from subsection one the words “ 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

1960. Auctioneers, Etc., Acts Amendment Act. 185 the hand of the registrar that the prescribed security has been so deposited ” and inserting in their stead the words “ in the sum of four thousand pounds from the State Government Insurance Office (Queensland) ” ; (c) By omitting from subsection two the words “whether the application is for a general license or a district license and ” ; ( d ) By omitting from subsection two the words “ of a commission agent’s license or an auctioneer’s license ” and inserting in their stead the words “ of a license of some other class or description ” ; (e) By omitting from subsection three the words “ general license or a district ” ; (/) By omitting from subsection four the words “ in the case of a general license ” ; (g) By omitting from subsection four the words “ and in the case of a district license to act as an auctioneer within the district only for which the same is issued ” ; (h) By omitting from subsection 4 a the words “ a commission agent licensed ” and inserting in their stead the words “ the holder of a license of some other class or description ” ; (i) By inserting in subsection 4 a , after the words “accompanied by”, the words “the fidelity bond or ” ; (j) By omitting from subsection 4 a the words “ or other prescribed security as therein mentioned 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 (k) By omitting subsection six. 11. The Principal Act is amended by inserting New ss. 7 a , after section seven the following sections :— 7B* “ [/A.] (I.) Subject to this Act a person Who Provisional desires to obtain practical instruction in the carrying uoemstT** * on of the business of an auctioneer in the sale by auction of livestock, wool, skins, hides, tallow and other produce may apply for and obtain a provisional auctioneer’s license.

186 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. 34, (2.) A provisional auctioneer’s license— (а) Shall take effect as and from the day (not being earlier than the day of payment of the prescribed fee) stated in that behalf in the license; (б) Shall unless cancelled or surrendered pursuant to this Act continue in force for a period of six months from the date upon which it takes effect and no longer ; (c) Shall subject to this Act authorise the holder thereof to act during the currency of the license and in accordance with the terms and conditions thereof as an auctioneer in the sale or offer for sale by auction of livestock, wool, skins, hides, tallow and other produce under the direct supervision and instruction of a person who is the holder of an auctioneer’s license. (3.) The holder of a provisional auctioneer’s license shall not receive, hold or deal with in any manner moneys in respect of any sale conducted by him under the authority of that license. (4.) Any holder of a provisional auctioneer’s license who contravenes the provisions of subsection three of this section and any auctioneer who permits or allows any such contravention shall be liable to a penalty of one hundred pounds. Application [7 b .] (1.) Every person who desires to obtain a provisional provisional auctioneer’s license shall lodge an application H©®nseneers *** prescribed form and containing the prescribed particulars with the clerk of the court nearest to the place where the applicant resides. (2.) Such application shall— (а) Specify an address within the State which he desires to be recorded as his registered address for the purposes of this Act to which all communications and notices may be addressed; (б) Be accompanied by three testimonials signed by different reputable persons as to the character of the applicant and a certificate signed by a licensed auctioneer that he proposes to undertake the control and

1960. Auctioneers, Etc., Acts Amendment Act. 187 supervision of the applicant whilst acting under the authority of the license if that license is granted; (c) Be delivered to the clerk of the court at least fourteen days before the date mentioned in the application as the day on which the application will be made. (3.) If such court is satisfied that the applicant is of good fame and character and otherwise is a fit and proper person to be the holder of a license, it may issue to the applicant in the form prescribed a provisional auctioneer’s license. (4.) No provisional auctioneer’s license shall be issued to any person under the age of twenty-one years. (5.) The registrar or any person authorised by the Minister may appear and be heard (and either in person or by his counsel or solicitor) on the hearing of any application under this section. (6.) The court or the clerk of the court may refer any application under this section to the registrar and, in any such case, the registrar shall investigate the application so referred to him and may recommend or oppose the granting of the license accordingly. (7.) There shall be payable in respect of every provisional auctioneer’s license such fee as may be prescribed. (8.) The provisions of section thirty-one of this Act shall with and subject to all necessary adaptations be applicable to a provisional auctioneer’s license.” 12. Section eight of the Principal Act is amended— Amendments (a) By omitting the words “ the proper ” wheresoever ° s" ‘ occurring and inserting in their stead wheresoever omitted the word “ an ” ; ( b) By inserting in subsection one, before the words “ No person shall ”, the words “ Subject to section 7 a of this Act ” ; (c) By inserting in subsection two, before the words “ Any person who ”, the words “ Subject to sectioin 7 a of this Act ” ; (d) By omitting paragraph (ii.) of subsection two; and . (e) By omitting subsection three.

188 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. 34, .Ajnendknents X 3. Section twelve of the Principal Act is amended— (а) By omitting subsection two and inserting in its stead the following subsection :— “ (2.) An auctioneer shall not pay to his general trust account any moneys other than moneys received by him in respect of a sale by auction or, where in addition to carrying on business as an auctioneer, he is the holder of a license in respect of any other business to which this Act relates, in respect of a transaction as such a licensee, and no auctioneer shall pay to a separate trust account any moneys other than moneys received by him in respect of a sale by auction or, where in addition to carrying on business as an auctioneer he is the holder of a license in respect of any other business to which this Act relates, in respect of a transaction for which such account was established. ” ; and (б) By inserting in subsection 3 a , after the words “under or in pursuance of the said subsection three ” (first occurring), the words “, is crossed Amendment; x4. Subsection two of section thirteen of the ° 8’ ' Principal Act is amended by omitting the words “ twenty pounds ” and inserting in their stead the words “ fifty pounds Amendments of s. 15c. X5. Section 15c of the Principal Act is amended— (а) By omitting therefrom the words “(being a general license)” wheresoever occurring ; (б) By omitting from subsection one the words “(being general licenses)” ; and (c) By omitting paragraph (b) of subsection three. Amendment 16. The Principal Act is amended by omitting the to ITT^10*6 headnote “ Commission Agents ” occurring immediately before section sixteen 'and inserting in its stead the headnote “ Real Estate Agents ”. Amendments 17. (1.) Section sixteen of the Principal Act is of 8‘ 16‘ amended— (a) By omitting the word “ commission ”, wheresoever occurring, and inserting in its stead wheresoever omitted the words “ real estate ” ;

1960. Auctioneers, Etc., Acts Amendment Act. (b) By omitting the word “ commission ” in the marginal note and inserting in its stead the words “ real estate ” ; (c) By omitting from subsection one the words “ an auctioneer’s license ” and inserting in their stead the words “ a license of some other class or description ” ; (d) By omitting from subsection one the words “ 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 ” and inserting in their stead the words “ from the State Government Insurance Office (Queensland) in the sum— (a) In the case of a corporation, of six thousand pounds; (b) In the case of a person other than a corporation, who proposes to act as or carry on business as a real estate agent in partnership with another person, of three thousand pounds ; or (c) In the case of any person other than a corporation who is not a person specified in paragraph (b) of this subsection, of four thousand pounds.” ; (e) By omitting from the second proviso to subsection three the words “ a licensed auctioneer ’’ and inserting in their stead the words “ subject to subsection 3 a of this section the holder of a license of some other class or description ” ; (/) By inserting after subsection three the following subsection:— “ (3 a .) Notwithstanding the foregoing provisions of this section a person shall not be eligible to be granted a real estate agent’s license whether a new license or by way of renewal or transfer unless— (i) Where the applicant is not a corporation, he has complied with the prescribed educational standards and qualifications or the prescribed equivalents thereof and passed the prescribed examinations or the prescribed 189

190 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. 34, equivalents thereof, or, where no educational standards, qualifications or examinations or equivalents thereof are prescribed, he produces to the court satisfactory evidence of experience as a real estate agent, as an employee of a real estate agent, or experience in a comparable business or occupation or other satisfactory evidence of his fitness to carry on business as a real estate agent; or (ii.) Where the applicant is a corporation, the chairman of directors or manager or governing officer by whatever name called, has complied with the prescribed educational standards and qualifications or the prescribed equivalents thereof and passed the prescribed examinations or the prescribed equivalents thereof, or, where no educational standards, qualifications or examinations or equivalents thereof are prescribed, produces to the court satisfactory evidence of experience as a real estate agent, as an employee of a real estate agent, or experience in a comparable business or occupation or other satisfactory evidence of his fitness to carry on business as a real estate agent.” ; and (<7) By omitting from subsection 4 a the words “ or other prescribed security as therein mentioned 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 ”. (2.) Subsection 3 a of section sixteen of “ The Auctioneers, Meal Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1960,” shall not be applicable— (a) To the granting of a real estate agent’s license to a person (other than a corporation) who immediately before the commencement of this Act was the holder of a license as a commission agent where the application for the license is made on or before the thirty- first day of December, one thousand nine hundred and sixty-one;

1960. Auctioneers, Etc., Acts Amendment Act. (6) To the granting of a real estate agent’s license to a corporation which immediately before the commencement of this Act was the holder of a license as a commission agent where the application for the license is made on or before the thirty-first day of December, one thousand nine hundred and sixty-two. (3.) (a) A commission agent’s license in force immediately before the commencement of this Act shall for the purposes of “ The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1960,” continue in force as— (i.) A real estate agent’s license ; (ii.) A debt collector’s license ; and (iii.) A motor dealer’s license. ( b) A license continued in force by this subsection shall authorise the holder thereof to act as or carry on business as— (i.) A real estate agent; (ii.) A debt collector ; or (iii.) A motor dealer, in all respects as if it were— (iv.) A real estate agent’s license ; (v.) A debt collector’s license ; or (vi.) A motor dealer’s license, issued under and in accordance with “ The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1960,” and shall, where necessary, be deemed to have been so issued. (c) A license continued in force under this subsection shall not be renewed and shall unless sooner cancelled, suspended or surrendered under the provisions of “ The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1960,” expire on the date on which it would have expired but for the passing of this Act or where an application for a license is lodged under “ The Auctioneers, Real Estate Agents, Debt Collectors and Motor Dealers Acts, 1922 to 1960,” prior to that date for— (i.) A real estate agent’s license; 191

192 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. 34, (ii.) A debt collector’s license ; or (iii*) A motor dealer’s license, it shall expire as a license of the class specified in the application on the date upon which the application is refused or a license pursuant to that application is issued, whichever first occurs. ( d ) The fidelity bond or other prescribed security lodged or deposited with respect to a commission agent’s license to which paragraph (a) of this subsection relates, shall be deemed to have been lodged or deposited with respect to that license as continued in force by this subsection as— (i.) A real estate agent’s license ; (ii.) A debt collector’s license ; and (iii.) A motor dealer’s license. (4.) Notwithstanding the coming into operation of this Act the provisions of the Principal Act shall continue to apply to and with respect to transactions entered into by commission agents before the first day of January, one thousand nine hundred and sixty-one, in the same manner and with the same incidents as if this Act had not been passed and for the purposes of such application the Principal Act shall be deemed to remain in force in all respects as though it had not been amended by this Act. Amendments 18 . Section seventeen of the Principal Act is of 8'17’ amended— (a) By omitting the word “ commission ”, wheresoever occurring, and inserting in its stead wheresoever omitted the words “ real estate ” ; and (b) By omitting subsection two. Amendment 19 . Section eighteen of the Principal Act is amended °fs. is. by omitting the word “ commission ” and inserting in its stead the words “ real estate ”. New ss. 18 a , 20. The Principal Act is amended by inserting 18b- after section eighteen the following headnote and sections:— “ Debt Collectors. Application [_ZS a .] ( 1 .) Every person who desires to obtain a wUertor’s debt collector’s license shall lodge with the clerk of the license. court within the district in which his sole or principal

1960. Auctioneers, Etc., Acts Amendment Act. 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 license of some other class or description) accompanied by a fidelity bond from the State Government Insurance Office (Queensland) ih the sum— (a) In the case of a corporation, of six thousand pounds; (b) In the case of a person other than a corporation, who proposes to act as or carry on business as a debt collector in partnership with another person, of three thousand pounds; or (c) In the case of any person other than a corporation, who is not a person specified in paragraph ( b ) of this subsection, of four thousand pounds. (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 the holder of a license of some other class or description or a corporation) 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, 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. (3.) If the court is satisfied that the applicant is of good fame and character (or in the case of a corporation is of good reputation and may hold a license) and otherwise is a fit and proper person to hold a license it may subject to this Act issue to the applicant a debt collector’s license in the form prescribed. (4.) A debt collector’s license shall not be issued to any person under the age of twenty-one years . (5.) Notwithstanding the provisions of subsection three of this section the holder of a license of some other class or description shall be entitled to have 7 193

194 Auctioneers , Etc., Acts Amendment Act. 9 E liz . II. No. 34, issued to him a debt collector’s license upon making application and paying the prescribed fee therefor, unless the court is satisfied that he is unfit to hold a debt collector’s license. (6.) The registrar or any person authorised by the Minister may appear and be heard (either in person or by his counsel or solicitor) on the hearing of any application under this section. (7.) The court or the clerk of the court may refer any application under this section to the registrar and, in any such case, the registrar shall investigate the application so referred to him and may recommend or oppose the granting of the license accordingly. License. (8.) The license shall take effect from the date of issue thereof, and shall expire on the last day of the sittings after the thirty-first day of December next following which are prescribed for the holding of the court for the purpose of granting such licenses, and shall authorise the licensee to act as a debt collector in any part of Queensland during the currency of the license unless the same is cancelled or suspended as hereinafter provided. (9.) The issue of every debt collector’s license shall, within ten days after the issue thereof, be notified by the clerk of the court to the registrar. Renewal of license. (10.) Every licensed debt collector who desires to obtain a renewal of his license shall, before the date of the expiry of his license as mentioned in subsection eight of this section, lodge with the clerk of the court mentioned in subsection one of this section an application in the form prescribed and (if the applicant is not the holder of a license of some other class or description for the period for which he is applying for the renewal of his license as a debt collector) accompanied by a certificate in the form prescribed of the renewal of the fidelity bond mentioned in subsection one of this section and such application for renewal shall be dealt with at the sittings referred to in subsection eight of this section and the provisions of subsections three to eight, both inclusive, of this section shall with and subject to all necessary adaptations apply to and with respect to the application for renewal and the license if renewed on the hearing of that application.

1960. Auctioneers, Etc., Acts Amendment Act. 195 (11.) There shall be payable in respect of every Fee- debt collector’s license and every annual renewal thereof such fee as may be prescribed from time to time. [25 b .] (1.) No person shall act as or carry on ^J^.tor8 or advertise or notify that he acts as or carries on the to be ow business as a debt collector unless he is the holder of a licensed, debt collector’s license. (2.) Any person (not being the holder of a debt on collector’s license) who— without (a) Acts as or carries on or advertises or notifies hcense' that he acts as or carries on business as a debt collector ; or (b) Has any words painted or written or allows to remain unobliterated any words that have been painted or written over or about his house, window or premises that lead to the belief or supposition that he is a debt collector; or (c) Places or causes to be placed any placard, board, writing or thing in the public view to the intent that it may be believed or supposed that he is a debt collector, shall be liable to a penalty not exceeding one hundred pounds or, in the discretion of the adjudicating court, to imprisonment for any period not exceeding six months.” 21. The Principal Act is amended by inserting after New as. iso section 18 b the following headnote and sections :— i8B.and “ Motor Dealers. [25c.] (2.) Every person who desires to obtain a Application motor dealer’s license shall lodge with the clerk bf the dealer’s0^ court within the district in which his sole or principal license, 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 license of some other class or description) accompanied by a fidelity bond from the State Government Insurance Office (Queensland) in the sum— (a) In the case of a corporation, of six thousand pounds;

196 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. 34, (6) In the case of a person other than a corporation, who proposes to act as or carry on business as a motor dealer in partnership with another person, of three thousand pounds; or (c) In the case of any person other than a corporation who i| s not a person specified in paragraph (6) of this subsection, of four thousand pounds. (2.) Such application shall state the sole or principal place of business of the applilcant 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 refundjed if the application is withdrawn or the license is n^ fused and (if the applicant is not the holder of a licenjs< e of some other class or description or a corporation) 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, siha! ,11 also be accompanied by the certificate or a copy of the certificate of or other evidence of its registration or incorporation under any Act. (3.) If the court is satisfied that the applicant is of good fame and character (or in the case of a corporation is of good reputat ion and may hold a license) and otherwise is a fit and pr< olper person to hold a license it may subject to this Act issme to the applicant a motor dealer’s license in the form p: described. (4.) A motor dealer’s l icense shall not be issued to any person under the age of twenty-one years. (5.) Notwithstanding the provisions of subsection three of this section the hblder of a license of some other class or description shall be entitled to have issued to him a motor desler’s license upon making application and paying thj prescribed fee therefor, unless the court is satisfied that he is unfit to hold a motor dealer’s license. (6.) The registrar or any person authorised by the Minister may appear and be heard (either in person or by his counsel or solicitor) on the hearing of any application under this section

1960. Auctioneers, Etc., Acts Amendment Act. 197 (7.) The court or the clerk of the court may refer any application under this section to the registrar and, in any such case, the registrar shall investigate the application so referred to him and may recommend or oppose the granting of the license accordingly. (8.) The license shall take effect from the date License, of issue thereof, and shall expire on the last day of the sittings after the thirty-first day of December next following which are prescribed for the holding of the court for the purpose of granting such licenses, and shall authorise the licensee to act as a motor dealer in any part of Queensland during the currency of the license unless the same is cancelled or suspended as hereinafter provided. (9.) The issue of every motor dealer’s license shall, within ten days after the issue thereof, be notified by the clerk of the court to the registrar. (10.) Every licensed motor dealer who desires to Renewal of obtain a renewal of his license shall, before the datehcenS8, of the expiry of his license as mentioned in subsection eight of this section, lodge with the clerk of the court mentioned in subsection one of this section an application in the form prescribed and (if the applicant is not the holder of a license of some other class or description for the period for which he is applying for the renewal of his license as a motor dealer) accompanied by a certificate in the form prescribed of the renewal of the fidelity bond mentioned in subsection one of this section and such application for renewal shall be dealt with at the sittings referred to in subsection eight of this section and the provisions of subsections three to eight, both inclusive, of this section shall with and subject to all necessary adaptations apply to and with respect to the application for renewal and the license if renewed pn the hearing of that application. (11.) There shall be payable in respect of every Foe- motor dealer’s license and every annual renewal thereof such fee as may be prescribed from time to time. [15 d .] (1.) No person shall act as or carry on or advertise or notify that he acts as or carries on thetobo” business as a motor dealer unless he is the holder of alioensed- motor dealer’s license.

198 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. 34, wCbuaitsrhirnoyeuinstsg on deale ( r 2 ’ . s ) liAcennysep) ewrshoon—(not being the holder of a motor license. (a) Acts as or carries on or advertises or notifies that he acts as or carries on business as a motor dealer; or (b) Has any words painted or written or allows to remain unobliterated any words that have been painted or written over or about his house, window or premises that lead to the belief or supposition that he is a motor dealer; or (c) Places or causes to be placed any placard, board, writing or thing in the public view to the intent that it may be believed or supposed that he is a motor dealer, shall be liable to a penalty not exceeding one hundred pounds or, in the discretion of the adjudicating court, to imprisonment for any period not exceeding six months. advertise- menu. [IS e .] Any person who wilfully and falsely advertises or in any way wilfully and falsely represents that as a motor dealer he has used or second-hand motor vehicles for sale shall be liable to a penalty not exceeding one hundred pounds.” Amendment 22. Section nineteen of the Principal Act is amended ° s' ' by omitting the words “ commission agent ” wheresoever occurring and inserting in their stead wheresoever omitted the words “ real estate agent or motor dealer ”, Amendment 23. Section 19 a of the Principal Act is amended by of s. 19 a . omitting the word “ commission ” wheresoever occurring and by inserting in its stead wheresoever omitted the words “ real estate ”. Amendments 24. Section twenty of the Principal Act is amended- (а) By omitting the words “ commission agent ” wheresoever occurring and by inserting in their stead wheresoever omitted the words “ real estate agent, debt collector or motor dealer ” ; (б) By inserting in subsection one, before the words “ All moneys received”, the words “ Subject to subsection seven of this section”.

1960. Auctioneers, Etc., Acts Amendment Act. (c) By omitting subsection two and inserting in its stead the following subsection “ (2.) A real estate agent, debt collector or motor dealer shall not pay to his general trust account any moneys other than moneys received by him in respect of a transaction as a real estate agent, debt collector or, as the case may be, motor dealer or, where in addition to carrying on business as a real estate agent, debt collector or, as the case may be, motor dealer he is the holder of a license in respect of any other business to which this Act relates, in respect of a transaction as such a licensee and no real estate agent, debt collector or motor dealer shall pay to a separate trust account any moneys other than moneys received by him in respect of a transaction or, where in addition to carrying on business as a real estate agent, debt collector or, as the case may be, motor dealer he is the holder of a license in respect of any other business to which this Act relates, in respect of a transaction for which such account was established.” ; (d) By inserting in subsection 3 a , after the words “ under or in pursuance of the said subsection three ”, the words “, is crossed ” ; and (e) By adding at the end the following subsection :— “ (7.) Notwithstanding anything to the contrary in this Act, the provisions of this Act relating to moneys received by a motor dealer in respect of transactions entered into by him as such a dealer, the keeping and audit of accounts in relation to, and the dealing with, those moneys do not apply to moneys received in respect of such transactions entered into solely on his own behalf and not as an agent for another person.” 199 25. Section twenty-one of the Principal amended— is Amendments of s. 21. (a) By omitting the words “ commission agent ” wheresoever occurring and by inserting in their stead wheresoever omitted the words “real estate agent, debt collector or motor dealer ” ; and (b) By omitting in subsection two the words “ twenty pounds ” and inserting in their stead the words “ fifty pounds ”.

200 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. 34, Amendments 26. Section twenty-two of the Principal Act is of s, 22. amended— (a) By omitting the words “ commission agent ” and inserting in their stead the words “ real estate agent, debt collector or motor dealer ” ; and ( b) By omitting the words “ commission agent’s principal ” and inserting in their stead the words “ principal of the real estate agent, debt collector or, as the case may be, motor dealer New s. 22 a . 27. The Principal Act is amended by inserting after section twenty-two the following section:— tLcoaircareuynitsnhegonroionste parti“cu [ l 2 a 2 r a . c ] laTssheohr odldeesrcruipntdieorn tshhisalAl cntoot fcaarlricyenosne oafnya oothtfhabeturtsotinhweahsnsich fboursitnheesscaortrhyeirngthoann otfhwathitcoh wahliicchentsheeislipcernesscerirbeeldatebsy, it relates. this Act unless he also holds a license of the class or description appertaining to that business.” Aofmse. n2d3m. ents amen2d8ed. — Section twenty-three of the Principal Act is (a) By omitting the words “ commission agent ” wheresoever occurring and inserting in their stead wheresoever omitted the words “ real estate agent, debt collector or motor dealer ” ; and (b) By omitting from paragraph (a) of subsection one the words “ commission agent’s license ” and inserting in their stead the words “ license as a real estate agent, debt collector or, as the case may be, motor dealer A oi s e . n 2 d 3 m a . ent by om29it.tinSgectthioenwo 2 r 3 d a s o“fcothmemPisrsiinocnipaaglenAtc”t wishearmeseonedveedr occurring and inserting in their stead wheresoever omitted the words “ real estate agent, debt collector or motor dealer ”. oAfmse. n2d3m b . ent omitt3in0g. Sthecetiwonor 2 d 3 s b “ ofctohmemPirsisniocnipaalgAenctt ” is awmheernedseodevbeyr occurring and inserting in their stead wheresoever omitted the words “ real estate agent, debt collector or motor dealer ”.

1960. Auctioneers, Etc., Acts Amendment Act. 201 31. Section twenty-four of the Principal Act is Amwimeat amended by omitting the words “ commission agents ” ° 8‘ ’ and inserting in their stead the words “ real estate agents, debt collectors or motor dealers ”. 32. Section 24 a of the Principal Act is amended— Amendments (a) By omitting the words “ or commission agent ” ° A' wheresoever occurring, including in the marginal note, and inserting in their stead wheresoever omitted the words “ or real estate agent or motor dealer ” ; and (b) By omitting the words “ or as commission agent ” and inserting in their stead the words “ or as real estate agent or as motor dealer 33. Section 24 aa of the Principal Act is amended— ^et^ffnte (а) By omitting the words “ commission agent ” wheresoever occurring and inserting in their stead wheresoever omitted the words “ real estate agent ” ; " (б) By inserting in subsection four after the words “ by, or by an employee of, that auctioneer or commission agent ”, the words “ and a person has not acquired from the purchaser for valuable consideration an estate, interest or charge in or over the land or the purchaser has not received a memorandum of transfer of the land in favour of the purchaser or a nominee of the purchaser that is capable of registration in the ordinary course of business upon lodgment thereof in the office of the Registrar of Titles or, in the case of land held from the Crown for a lesser estate than freehold, in the office of the person charged with the registration of instruments of title to such land ” ; (c) By adding to subsection four at the end thereof the words “ but a contract shall not be subject to voidance under this subsection by reason only of non-compliance in any respect with any such representation promise or term that is a non-compliance in a matter of form and not of substance and that is not calculated to prejudicially affect the purchaser ” ; and (d) By omitting subsection nine and subsection ten and by inserting in their stead the following subsection:— “ (9.) Save as prescribed by subsection four of this section, this section applies so as not to render illegal or void any contract, or to empower any party to void the contract.”

202 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. 34, 34. Section 24 ab of the Principal Act is amended— (a) By omitting the words “ commission agent ” wheresoever occurring and inserting in their stead wheresoever omitted the words “ real estate agent ” ; ( b ) By omitting from paragraph (a) of subsection one the word “ whatsoever ” and inserting in its stead the words “(save a memorandum of transfer to the purchaser or a request for a separate Certificate of Title)”; (c) By omitting from paragraph (i.) of subsection three the word “ whatsoever ” and inserting in its stead the words “(save a memorandum of transfer to the purchaser or a request for a separate Certificate of Title)” ; (d) By omitting from paragraph (i.) of subsection three the words “ applies, an amount of the purchase price equal to thirty-three and one-third per centum thereof ” and inserting in their stead the words “ would apply upon payment of an amount of the purchase price equal to thirty-three and one-third per centum thereof, such amount ” ; (e) By omitting from subsection three the words “ then subject to, and upon or at any time after, making or tendering payment as aforesaid ” and inserting in their stead the words “ then at any time before the aforesaid plans, instruments and other documents have been registered by the Registrar of Titles or in the case of any such leasehold estate, the holder thereof has become legally competent as aforesaid, and whether or not payment as aforesaid has been made or tendered ” ; and (/) By omitting subsection eight. Amendments of s. 24 a c. 35. Section 24 ac of the Principal Act is amended— (a) By omitting the words “ commission agent ” wheresoever • occurring and inserting in their stead wheresoever omitted the words “ real estate agent ” ; (6) By omitting from subsection four the words “ 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 ” and inserting in their stead the words “ six months ” ;

1960. Auctioneers, Etc., Acts Amendment Act. (c) By adding at the end of subsection four the words “ but a contract shall not be subject to voidance under the provisions of this subsection by reason of any defect, error or irregularity in the statement in writing given to the purchaser in pursuance of the provisions of this section that is a defect, error or irregularity in form and not in substance and that is not calculated to mislead or otherwise prejudicially affect the purchaser ” ; (d) By omitting from subsection five the words “ one year ” and inserting in their stead the words “ six months ” ; and (e) By omitting subsection eight and subsection nine. 203 36. Subsection seven of section 24 ad of the ^ei^a°nt Principal Act is amended by omitting the words “ and ° 7 )!' ^ commission agents ” and inserting in their stead the words “ real estate agents, debt collectors and motor dealers 37. Section 24 b of the Principal Act is amended— ^ei^eQta (а) By omitting the marginal note and inserting in its stead the following marginal note :— “ Auctioneer, real estate agent, debt collector or motor dealer failing to comply with order.” ; (б) By omitting the words “ or any commission agent ” and inserting in their stead the words “ or any real estate agent, debt collector or motor dealer ” ; and (c) By omitting the words “ or commission agent ” twice occurring and by inserting in their stead wheresoever omitted the words “, real estate agent, debt collector or motor dealer 38. Section 24c of the Principal Act is amended by Amendment omitting the words “ or commission agent ” and inserting of s" 24o‘ in their stead the words “, real estate agent, debt collector or motor dealer ”. 39. (1.) Section 24 d of the Principal Act jg Amendments amended- ofs-24D- (a) By omitting the words “ or other prescribed security ” wheresoever occurring ;

204 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. 34, (b) By omitting the words “ Insurance Commissioner ” and inserting in their stead the words “ State Government Insurance Office (Queensland)”; and (c) By omitting the words “ or a commission agent’s license ” and inserting in their stead the words “ a real estate agent’s license, a debt collector’s license or, as the case may be, a motor dealer’s license (2.) Paragraph (a) of subsection one of this section shall come into operation on the first day of July, one thousand nine hundred and sixty-one. Amendment 40. Subsection one of section twenty-five of the of s. 25(i). principal Act is amended by omitting the words “(distinguishing between general and district licenses) and of commission agent’s licenses ” and inserting in their stead the words “ real estate agent’s licenses, debt collector’s licenses and motor dealer’s licenses respectively Amendments 41. Section twenty-six of the Principal Act is Oi s. 26 * amend i ed i — (a) By omitting from subsection two the words “ Insurance Commissioner or other prescribed security ” twice occurring and inserting in their stead wheresoever omitted the words “ State Government Insurance Office (Queensland)” ; (b) By omitting from subsection two the words “ or certificate under the hand of the registrar that the prescribed security has been deposited elsewhere than with the clerk of that court,” ; (c) By omitting paragraph (i.) and paragraph (ii.) from the proviso to subsection two and by adding at the end of that proviso the words “ an undertaking by the State Government Insurance Office (Queensland) to hold itself liable under the fidelity bond already lodged by the licensee as if the fidelity bond were in respect of the proposed substitute ” ; (d) By omitting from subsection four the words “ or commission agent ” wheresoever occurring and by inserting in their stead wheresoever omitted the words “, real estate agent, debt collector or motor dealer ” ; and

1960. Auctioneers, Etc., Acts Amendment Act. (e) By omitting from subsection six the words “ or other prescribed security” and the words “or, as the case may be, other prescribed security 205 42. Section twenty-seven of the Principal Act is ^e^menfc amended by omitting from subsection one the words " ‘ “ or commission agent ” and inserting in their stead the words “, real estate agent, debt collector or motor dealer 43. Subsection two of section twenty-eight of the Afrae™Jmei14' Principal Act is amended by omitting the words “ or ° *' * “ Licensed Commission Agent ” ” and inserting in their stead the words “, “ Licensed Beal Estate Agent ”, “ Licensed Debt Collector ” or “ Licensed Motor Dealer ” 44. The Principal Act is amended by inserting after New s. 28 a . section twenty-eight the following section :— “ \28 a .~\ Any auctioneer, real estate agent, debt collector or motor dealer who publishes (whether in anyplace of a newspaper or otherwise) any advertisement relating to or in connection with his business without specifying meats.186* therein his name or the registered firm name under which he carries on that business and the address of his registered office shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding fifty pounds.” amen 4 d 5 e . dSbeyctioomn itttwinegnttyh-eniwnoerdosf ‘ tthweenPtryinpcoiupnaldsA”ctanids Aofmse. n2d9m. ent inserting the words “ fifty pounds ” 46. The Principal Act is amended by inserting after New s. 29 a . section twenty-nine the following section :— “ \29 a .~\ Every licensee who permits or allows any Putrof person to hold himself out as the holder of the license as to issued to that licensee shall be liable to a penalty not P0?>on exceeding one hundred pounds.” out <S8 licensee.

206 Auctioneers, Etc., Acts Amendment Act. 9 Buz. II. No. 34, Amendment of s. 31. 47. Section thirty-one of the Principal Act is amended by inserting after subsection two the following subsection:— “(2 a .) Notwithstanding any Act or law to the contrary, if a licensee is summarily convicted of an indictable offence, the conviction shall, for the purposes of this section, be deemed to be a conviction for an indictable offence.” Amendments of s. 31 a . 48. Section 31 a of the Principal Act is amended—■ (a) By omitting from subsection one the words “ Insurance Commissioner ” wheresoever occurring and inserting in their stead wheresoever omitted the words “ State Government Insurance Office (Queensland) ” ; (b) By inserting therein after subsection one the following subsection:— “(1 a .) (a) Within two months after a licensee ceases to act as or carry on business as an auctioneer, real estate agent, debt collector or motor dealer or ceases under section 31 aa of this Act to be deemed to be a duly licensed auctioneer, real estate agent, debt collector or motor dealer, whichever is the later, he— (i.) Shall cause his trust account or trust accounts for the. whole of the period from the date up to which his trust account or trust accounts have been last audited pursuant to the provisions of subsection one of this section to the date of his so ceasing or, where no such audit has been performed, for the whole of the period from the date on which he commenced to act or carry on business as an auctioneer, real estate agent, debt collector or motor dealer, as the case may be, to the date of his so ceasing, to be audited by a person registered as a public accountant under “ The Public Accountants Registration Acts, 1946 to 1954 ” ; (ii.) Shall obtain from the public accountant who performs the audit a report of the result thereof verified by the statutory declaration of the auditor ; and (iii.) Shall send such report and statutory declaration to the State Government Insurance Office (Queensland).

1960. Auctioneers, Etc., Acts Amendment Act. (b) 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 the trust account or trust accounts under this subsection by a person whom he deems competent. (c) Where the auditor of a 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 correct in all respects, he shall forward a copy of his report to the registrar.” ; (c) By omitting the subsection commencing with the words “ Nothing in this section contained ” and numbered five; and (d) By adding at the end thereof the following subsection :— “ (8.) No person shall be required under this section to answer any question or give any information tending to incriminate himself.” 207 49. The Principal Act is amended by inserting New s. 31 aa . after section 31 a the following section :— “ [3J aa .] (1 .) The provisions of section twelve, Person section thirteen, section fourteen, section twenty, section ha8 twenty-one, section twenty-two, section 24 b and expired, &o., section 31 a of this Act shall apply to a person whose to license as an auctioneer, real estate agent, debt collector licensee, or, as the case may be, motor dealer has expired or has been cancelled, suspended or surrendered in relation to all moneys received by that person on account of any transaction by him as a licensee in all respects as though his license had not expired or had not been cancelled, suspended or surrendered and as though he had continued to carry on business as a duly licensed auctioneer, real estate agent, debt collector or motor dealer and for the purposes of those provisions he shall be deemed to be a duly licensed auctioneer, real estate agent, debt collector or, as the case may be, motor dealer until such time as he has lawfully disposed of such moneys. (2.) The regulations under this Act relating to books of account, records, and the examination or audit of trust accounts in force at the date of the enactment of this section which are prescribed to be limited in their application to auctioneers, real estate agents,

208 Auctioneers, Etc., Acts Amendment Act. 9 E liz . II. No. 34, debt collectors or motor dealers who are licensees shall apply to every such licensee whilst he continues pursuant to subsection one of this section to be deemed to be a duly licensed auctioneer, real estate agent, debt collector or, as the case may be, motor dealer.” ^nendmont 50. Subsection four of section 31c of the Principal ° s* °* Act is amended by omitting the words “ or commission agent’s ” and inserting in their stead the words “, real estate agent’s, debt collector’s or, as the case may be, motor dealer’s Amendments 51. Subsection two of section thirty-two of the of s. 32 . Principal Act is amended— (а) By omitting the words “ or commission agent ” and inserting in their stead the words “, real estate agent, debt collector or motor dealer ” ; and (б) By omitting subsection three. Amendment 52 . Section thirty-three of the Principal Act is 0 8‘ ’ amended by omitting the words “ or commission agent ” and inserting in their stead the words “, real estate agent, debt collector or motor dealer ”. Amendments 53. Section thirty-five of the Principal Act is of s. 35 . amended — (а) By omitting from subparagraph (ii.) of the second paragraph the words “ or commission agent’s licenses ” and inserting in their stead the words “, real estate agent’s licenses, debt collector’s licenses or motor dealer’s licenses ” ; (б) By omitting from subparagraph (iii.) of the second paragraph the words “ and commission agent’s ” and inserting in their stead the words “, real estate agent’s, debt collector’s and motor dealer’s ” ; (c) By omitting from subparagraph (vii.) of the second paragraph the words “ and commission agents ” and inserting in their stead the words “, real estate agents, debt collectors and motor dealers ” ; (d) By omitting from subparagraph (vii.) of the second paragraph the words “ or commission agent ” twice occurring and inserting in their stead wheresoever omitted the words “, real estate agent, debt collector or motor dealer ” ;

1960. Auctioneers, Etc., Acts Amendment Act. (e) By omitting from subparagraph (xiii.) of the second paragraph the words “or commission agents” and inserting in their stead the words real estate agents, debt collectors or motor dealers ” ; and (/) By inserting at the end of subparagraph (xiii.) of the second paragraph the following subparagraph:— “ (xiv.) Prescribing all matters and things required or permitted by this Act to be prescribed.” 209 By Authority: S. G. R eid , Government Printer, Brisbane—1960