Auctioneers, Stock and Station and Real Estate Agents (Amendment) Act 1946 (NSW)

AUCTIONEERS, STOCK AND STATION AND REAL ESTATE AGENTS (AMENDMENT) ACT.

Act No. 18, 1946.

An Act to amend the Auctioneers, Stock and Station and Real Estate Agents Act, 1941-1944, in certain respects; and for purposes connected therewith. [Assented

to, 1st April, 1946.]

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,

Stock and Station and Real Estate Agents (Amendment)
Act, 1946."

(2) The Auctioneers, Stock and Station and Real Estate Agents Act, 1941-1944, is in this Act referred to as the Principal Act. (3)

(3) The Auctioneers, Stock and Station and Real Estate Agents Act, 1941, as amended by subsequent Acts and by this Act, may be cited as the Auctioneers, Stock and Station and Real Estate Agents Act, 1941-1946.

(4) This Act shall commence upon a day to be

appointed by the Governor and notified by proclamation
published in the Gazette.

2 . The Principal Act is amended—

(a) by inserting in subsection one of section three

next after the definition of "Individual" the

following new definition:—

"Land used for agricultural or pastoral purposes" means any parcel of land greater in area than five acres which is used or apparently intended to be used

for gain or profit for grazing of live stock,

dairying, poultry farming, viticulture, orcharding, bee-keeping, horticulture, the growing of crops of any kind, vegetable growing or any other purpose declared by the Governor by proclamation published in the Gazette to be an agricultural or pastoral purpose.

(b) by inserting in the same subsection next after the definition of "Live stock" the following new definition:—

"Principal place of business" means in relation to a corporation which carries on business at more than one place the	place of business specified in the applica­
tion made by such corporation for a
license on its own behalf to be its principal place of business.

3.   The Principal Act is further amended—

(a) by inserting in subsection one of section four­ teen next after the word "expenses" the words "and such fees for attendance at meetings of the council, in the case of the chairman not

exceeding

exceeding five guineas for each meeting attended by him nor in the case of a member two guineas for each meeting attended by such member.' '

(b) by inserting in subsection one of section seven­ teen next after the word " reg i s t ra r" the words "and such other officers and employees as may

be necessary for the administration of this Ac t . "

4. The Principal Act is further amended—

(a) by omitting subsection one of section twenty and by inserting in lieu thereof the following subsection:—

(1) No person shall act as or carry on or advertise, notify or state that he acts as or carries on or is willing to act as or carry on the business of an auctioneer unless he is the holder

of an auctioneer's license:
Provided that in the case of a partnership advertising, notifying or stating that it acts as or carries on or is willing to act as or carry on the business of an auctioneer it shall be a

sufficient compliance with the provisions of this

subsection if one member of such partnership is the holder of an auctioneer's license.
(b)	by inserting at the end of section twenty-one the following new subsection:— (3) No person shall in pursuance of this

section be in charge at more than one place of

business.

(c) (i) by inserting in subsection one of section

twenty-two next after the word "following"

the word " c l a s se s " ;

(ii)   by omitting subsection three of the same

section and by inserting in lieu thereof the

following subsection:—

(3) (a) A license shall be in the form prescribed.

(b)

(b) A license taken out by a person (other than a corporation) shall set forth the name and place of abode of the person taking out the same and the address of the

place of business in respect of which it is

taken out.

(c) (i) A license taken out by a corporation on its own behalf shall set forth the name of the corporation and the address of its sole or principal place of business.

(ii) A license taken out by a cor­

poration in respect of an employee shall set forth the name and place of abode of such employee and the name of the corporation and the address of its sole or principal place

of business and where the case so requires

the address of the place of business at
which such employee is to be in charge.

(d) (i) by omitting subsection three of section twenty-three and by inserting in lieu thereof the following subsection:—

(3) (a) Where the applicant resides in New South Wales the application shall be lodged with the clerk of the court of the petty sessions district within which the place

of business of the applicant in respect of

which the application is made is situated or

proposed to be situated.

(b) Where under this subsection there is more than one court with which an application may be lodged such application shall be lodged with the clerk of the court within such district nearest to the place where the place of business to which such application relates is situated or proposed to be situated.

(ii)   by inserting in paragraph (b) of subsection four of the same section next after the words "general license" the words " or a

country l icense";

B (iii)

(iii) (a) by inserting in subsection five of the

same section next after the word

"po l ice" where thirdly occurring the

word " s h a l l " ;

(b) by omitting from the same subsection the words "shall severally" and by inserting in lieu thereof the word " m a y " ;

(iv)   by inserting at the end of subsection six of the same section the following new para­ graph :—

(d) The prescribed fees and the pre­

scribed contribution paid under this

subsection shall on the refusal or withdrawal of the application in respect of which the same were paid

be refunded to the applicant or other

person who may appear entitled
thereto.

(v)   by omitting subsection seven of the same

section and by inserting in lieu thereof the

following subsection:—

(7) I f the officer in charge of police or the council objects to the grant of the application a statement setting out the nature of the objection proposed to be made

Any such statement may be included in any shall be lodged with the clerk of the court.
report furnished pursuant to subsection five
of this section.
(vi)	by inserting in paragraph (e) of subsection nine of the same section next after the word
" f o r c e " the words " o r the registrar";
(vii)	by omitting from subsection ten of the same
section the words " i s of bad or doubtful
character" wherever occurring and by inserting in lieu thereof the words " i s not
of good fame and character nor otherwise
a fit and proper person to hold a l icense" ;

(viii)

(viii)   by omitting subsection twelve of the same

section and by inserting in lieu thereof the

following subsection:—

(12) Notwithstanding anything in the foregoing provisions of this section pay­ ment of the prescribed contribution shall not be required in the case of—

(a) an auctioneer who is the holder of a

license under the Farm Produce

Agents Act, 1926-1932; or

(b) a corporation carrying on the busi­ ness of an auctioneer in respect of a

license taken out on its own behalf or

taken out in respect of an employee where such corporation is the holder

of a license issued under the Farm

Produce Agents Act, 1926-1932;

if in any such case such auctioneer or such

corporation or the employee of such cor­ poration sells farm produce (as defined in the Farm Produce Agents Act, 1926-1932)

by auction, within a radius of ten miles from

the General Post Office, Sydney, but does not in any other way whatsoever exercise the trade or business of an auctioneer or carry on the business of a stock and station agent or a real estate agent.

Nothing contained in this Act shall be construed as exempting any such auctioneer,	corporation or employee of a corporation
from the obligation to comply with the
requirements of the Farm Produce Agents
Act, 1926-1932.

(e) by inserting next after section twenty-three the following new section:—

23A. (1) Where application for renewal of a

license is not made before the expiration of the license the person who held such license may
make application for the restoration of such

license.

The

The clerk of the court may on payment to him of the like fees and contributions as are- payable on the renewal of a license issue to such person a provisional license.

Upon the issue of a provisional license under this subsection the applicant shall for all purposes of this Act other than in respect o f any proceedings which may have been or may

be instituted against him for a contravention

of section twenty of this Act be deemed to be
and to have been as from the expiration of the
license in respect of which the application for

restoration is made the holder of a license o f the class specified in his application until such time as his license has been restored to him pursuant to this section or until his application

for restoration is refused or withdrawn.

(2) An application for restoration of a

license under this section shall be heard and

determined by the court. The court may, if satis­

fied that such non-renewal is due to inadvertence or that for any reason it is just and equitable

that the license should be restored or the result

of such inadvertence should be remedied, order

that such license be restored and may authorise the issue of a new license for the balance of the term for which the said license would have been available if duly renewed.

(3) The provisions of section twenty-

three (paragraphs (a) and (b) of subsection six and subsection eight excepted) of this Act

shall, mutatis mutandis, apply to and in respect

of an application for the restoration of a license

under this section in all respects as if the same were an application for a license or a renewal

of a license.

(f) (i) by omitting paragraph (g) of subsection one

of section twenty-five;

(ii)   by omitting from subsection two of the same section the word and symbols " ( f ) and (g)" and by inserting in lieu thereof the word

and symbols "and ( f ) " ; (i i i)

(iii)   by omitting from subsection three of the same section the words " a fee of one pound" and by inserting in lieu thereof the words "such fee not exceeding one pound as may be prescribed";

(iv)   by inserting in paragraph (b) of subsection four of the same section next after the word

"expenses" the words "and fees" ;

(v)   by inserting at the end of paragraph (c) of the same subsection the words "and any other officer or employee appointed under

section seventeen of this A c t " ;

(g) ( i) by inserting in paragraph (a) of subsection

four of section twenty-six next after the word "resident" where secondly occurring the words " o r to a corporation in respect of

such resident' ' ;

(ii)  by inserting in paragraph (b) of the same subsection next after the words "being a " the words "country license or a " ;

(h) ( i) by inserting in section twenty-seven next

after the word " l icenses" where secondly

occurring the words " o r country licenses";

(ii)   by inserting in the same section next after the words "general l icense" wherever occurring the words " o r a country l icense";

(i)	by inserting at the end of section twenty-eight the words "nor shall a corporation be entitled to obtain an auctioneer's license or a renewal there­	of under this Act in respect of a person who is	not a resident of New South W a l e s " ;
(j)	by omitting from subsection one of section twenty-nine the word "counci l" and by insert­
ing in lieu thereof the word " reg i s t ra r " ;

(k) (i) by omitting subsection one of section thirty

and by inserting in lieu thereof the follow­
ing subsection:—

(1) The clerk of petty sessions shall with­ in seven days after the issue of a license

or

or the renewal of a license or the restoration

thereof, or the refusal of an application, or the variation or cancellation of a license under this Act notify the registrar of such

issue, renewal, restoration, refusal, varia­
tion or cancellation;

(ii)   by inserting in subsection two of the same

section next after the word "renewals" the

word "restorat ions";

(iii)   by inserting in the same subsection next

after the words " o f licenses" the words

"and refusals of applications";

(1) (i) by omitting subsection one of section thirty-

one and by inserting in lieu thereof the

following subsection:—

(1) Where the court—

(a) refuses any application made under section twenty-three, section 23A,

or section twenty-four or makes an

order under section twenty-nine of this Act; or
(b)	grants an application under section

twenty-three, section 23A, or section

twenty-four of this Act to the granting of which the officer in charge of police or the council has

objected; or

(c) dismisses a complaint made under

section twenty-nine of this Act;

the person making the application, or the
licensee, as the case may be, where para­
graph (a) of this subsection applies, or the

officer in charge of police or the council

where paragraph (b) of this subsection applies, or the complainant where para­ graph (c) of this subsection applies, may appeal in accordance with the rules of court

of the District Court to the District Court
exercising jurisdiction in the district within

which the court refusing such application,

making

making such order, granting such applica­ tion, or dismissing such complaint is situated.

(ii)   by omitting from subsection four of the same section the word "counci l" where

lastly occurring and by inserting in lieu

thereof the word " reg i s t ra r" ;

(iii)   by inserting at the end of the same section the following new subsection:—

(5) Any appeal under this section in any

case to which paragraph (b) or paragraph

(c) of subsection one of this section applies

shall not be made unless the Minister

approves.

(m) (i) by omitting subsection two of section thirty-

four ;

(ii)   by omitting subsection three of the same

section and by inserting in lieu thereof the

following subsection:—

(3) The address specified in the applica­ tion as the address at which the applicant proposes to carry on business or in the case

of a corporation carrying on business at

more than one place the address specified in the application as its principal place of business shall, upon the grant, renewal, restoration or variation of the license, be deemed for the purposes of this Act to be

the registered office of the licensee:

Provided that where—

(a) a corporation takes out a license in respect of an employee the place

of business of the corporation of

which such employee is in charge;

or

(b) an auctioneer's license is taken out

by a corporation in respect of an

employee not in charge of a place

of business of such corporation

the registered office of the corpora­

tion, shall

shall be deemed for the purposes of this

Act to be the registered office of such

employee.

(n) (i) by inserting at the end of subsection one of

section thirty-five the words "and con­

forming to the type and size of type
prescribed";

(ii)   by omitting from paragraph (b) of subsec­ tion three of the same section the words

"af ter the expiration of three months after

the commencement of this A c t " ;

(iii) by omitting from the same paragraph the words "granted under the Auctioneers' Licensing Act, 1898-1934, or under this

A c t " ;

(o) by inserting in subsection one of section thirty-

six after the word "separa te" the words "and

retained therein";

(p) by omitting subsections one and two of section thirty-eight and by inserting in lieu thereof the following subsections :—

(1) Every licensee shall in a legible manner make a written record containing full particu­ lars of all transactions by or with him as licensee and shall keep such written record at his registered office.

(2) The written record shall, for a period of three years after the date on which it was made,

be preserved—

(a) where such licensee continues to hold a

license under this Act or where upon ceasing to hold a license under this Act or ceasing to have as his registered office

the place where such written record was kept, such licensee does not authorise some other person to have the possession, custody or control of such written record

—by the licensee; or

(b)

(b) where any person obtains the possession, custody or control of such written record either by transfer of the business of such

licensee or otherwise—by such person.

(q) by inserting next after section thirty-eight the following new sections :—

38A. (1) Every licensee shall within seven days after service of a requisition in that behalf in the prescribed form furnish to the council in the manner prescribed a statement in writing setting forth full particulars as to—

(a) the name of the trust account on which such licensee operates in accordance with the provisions of section thirty-six

of this Act, the name of the bank on

which such account is current, the

balance of the moneys standing to the

credit of such account as at a date-
specified in such requisition, and par­

ticulars of all cheques drawn on such account as at such date and not pre­ sented and duly paid;

(b) any moneys paid by any person to such

licensee or received by such licensee for or on behalf of any person in connec­

tion with his business as a licensee, and

if not still held by such licensee the
manner and time of disbursement

thereof; or

(c) any transaction by or with such licensee as a licensee.

(2) No licensee shall be required to furnish to the council any particulars with regard to any of the matters mentioned in sub­

section one of this section which relate to any

transaction by or with such licensee more than three years before the service of such requisition.

(3)

(3) A licensee shall within fourteen days
of demand in writing in the manner prescribed

made by a person directly concerned in any transaction by or with such licensee in connec­ tion with his business as a licensee, render in the manner prescribed to the person making such demand an itemised account of such transaction.

(4) No person shall under subsection three of this section be entitled to demand an itemised account of any transaction which took place more than six months before the making

of such demand.

(5) Any licensee who neglects or fails without reasonable cause, proof whereof shall

lie on such licensee, to furnish a statement in

writing in accordance with subsection one of this section or an itemised account as required

by subsection three of this section or knowingly
furnishes false or incorrect information in any such statement or account shall be guilty of an

offence against this Act.

38B. (1) All books of account or other written records relating to the trust account on which any licensee operates in accordance with the provisions of section thirty-six of this Act, or kept as prescribed, and the written record required to be made and kept in accordance with

the provisions of section thirty-eight of this Act, shall at all reasonable times be open to inspec­

tion by the registrar or other officer of the

council duly authorised in writing in that behalf by the council either generally or in any

particular case.

(2) The registrar or other officer of the

council duly authorised in writing in that behalf

and in the case of such authorised officer upon production of his written authority, may require any licensee or in the absence of such licensee any servant or agent of such licensee for the time being having the apparent control or

charge

charge of the office or place of business of such

licensee—

(a) to produce for inspection —

(i)   all books, papers, accounts or other documents relating to the trust account of such licensee; or

(ii)   all written records made and kept

by the licensee in accordance with

the provisions of section thirty-
eight of this Act; or

( i i i )    all contracts, agreements or other documents relating to any trans­ action by or with such licensee in connection with his business as a

licensee, in the possession, custody
or control of such licensee ;

(b) to furnish all authorities and orders to hankers as may be reasonably required

of him.

(3) The registrar or officer authorised as

aforesaid may make notes, copies or extracts of

or from any such books, papers, accounts,

written records, contracts, agreements or other documents referred to in subsection two of this

section.

(4) The registrar or officer authorised as

aforesaid shall make a report to the council as

to the result of any inspection made under this
section.

(.")) The provisions of subsections one, two, three and four of this section shall apply, mutatis mutandis, to and in respect of any

written record preserved in accordance with the
provisions of subsection two of section thirty- eight of tins Act by a person who has ceased to hold a license under this Act or by any person (other than the licensee who made such written

record) who has the possession, custody or con­

trol of such written record as required by that

subsection.

(6)

(6) Any person who—

(a) wilfully delays or obstructs the regis­ trar or officer authorised as aforesaid in the exercise of his powers, authorities, duties and functions under this section;

or

(b) on demand refuses or fails to produce any books, papers, accounts, written records, contracts, agreements or other documents required for inspection under this section in his possession, custody, or

control; or

(c) on demand refuses or fails to furnish any authorities and orders as may reasonably

be required of him under this section,

shall be guilty of an offence against this Act.

(r) by inserting next after section forty-two the following new section:—

42A. (1) No action or suit shall be commenced

by any licensee for the recovery of—

(a)	any remuneration by way of commis­ sion, fee, gain or reward for services done or performed by such licensee in his capacity as such; or
(b)	any sum as reimbursement for expenses

or charges incurred in connection with services done or performed by such

licensee in his capacity as such;

until the expiration of two months after a statement of claim in writing setting out the :amount claimed and containing details of the

services done or performed by such licensee in

respect of which such commission, fee, gain, reward, expenses or charges are claimed has been served personally or by post on the person to be charged with the same.

(2) Notwithstanding anything contained

in subsection one of this section proceedings may be taken under the Arrest on Mesne Pro­ cess Act, 1902, at any time notwithstanding that

the

the statement of claim may not have been served
or that the period of two months has not

elapsed.

(3) Where any sum of money has been paid to or is or has been retained by a licensee out of any moneys received by or paid to such

licensee in respect of any transaction by or with

him as a licensee such moneys being so paid or so retained as remuneration by way of commission,

fee, gain or reward for services done or per­

formed in connection with such transaction or as reimbursement for expenses or charges in­ curred in connection with such transaction, the person paying such moneys or the person who would be entitled to the moneys so retained by such licensee had such moneys not been so re­ tained, may, if an itemised account of such transaction has not been received by such per­ son, require such licensee to furnish him with an itemised account of such transaction under and in accordance with section 38A of this Act.

(4) The person served with a statement
of claim in accordance with subsection one of

this section or the person receiving or obtaining an itemised account as provided in subsection three of this section may within two months

after service of such statement of claim or

receipt or obtaining of such itemised account

apply in manner prescribed to the council to	review such statement of claim or itemised
account.

(5) Where application is made pursuant

to subsection four of this section to the council to review a statement of claim or itemised account the council shall proceed to review the

same, and notwithstanding the terms or condi­

tions of any agreement or contract entered into

by any such licensee or person, may certify what,
upon such review, is found to be a reasonable remuneration by way of commission, fee, gain,
or reward for the services done or performed by

such

such licensee in connection with the transactions

or reimbursement for expenses or charges in­

curred in connection with the transaction,, to which such statement of claim or itemised account relates.

(6) The council may require such

evidence to be furnished or require the produc­ tion of such documents as it thinks necessary o r desirable for the purpose of such review and may fix a time within which such evidence shall

be furnished or such documents produced.

(7) The licensee or the person making

the application pursuant to subsection four o f this section shall be entitled to inspect, and on payment of the prescribed fee, obtain a copy of

or make an extract from any evidence furnished or document produced to the council pursuant

to subsection six of this section.

(8) I f any such licensee or person

neglects or fails to furnish any evidence or pro­

duce any document required to be furnished or produced within the time so fixed by the council the council may proceed to review the statement

of claim or itemised account without such
evidence or document.

(9) I f any licensee neglects or fails to furnish any such evidence, or without reasonable-

neglects or fails to produce any document, as cause, proof whereof shall lie on such licensee,

required by this section, such licensee shall bo

guilty of an offence against this Act.

(10) In the review of such statement of

claim or itemised account the council may have

regard to the following matters—

(a)	the evidence furnished or documents pro­ duced to the council pursuant to subsec­ tion six of this section;
(b)	custom and usage amongst licensees and the rate of commission or amount of fee, gain or reward, usually paid to or claimed

by

by licensees in respect of transactions of

the class to which the transaction, the

subject of such review, belongs;

(c) amounts claimed to have been expended

by such licensee in respect of advertis­

ing, inspecting, or transport or other expenses claimed to have been incurred

by such licensee in connection with the services done or performed by him; or
(d)	any other matter which to the council appears relevant.

(11) Where an application for review has been made pursuant to subsection four of this section no action or suit for the recovery

of any remuneration or reimbursement as afore­

said to which such review relates shall be com­ menced until a determination in respect of such application has been made by the council and notwithstanding the terms or conditions of any agreement or contract entered into by the par­

ties to the transaction subject to the review no

such action or suit shall be brought for the

recovery of any sum of money as remuneration or reimbursement as aforesaid in respect of

such transaction in excess of that certified by

the council on such review to be reasonable.

(12) Upon the issue of a certificate by the

council as prescribed, the person who made

may, in any case where any sum of money application under subsection four of this section
paid to or retained by a licensee as or for

remuneration or reimbursement as aforesaid in respect of the transaction referred to in such

certificate is in excess of the amount certified by the council on such review to be reasonable,

within one month of the receipt of such certifi­

cate cause such certificate to be served on the licensee together with a demand in writing for
the payment, at an address to be specified there­

in, of such excess amount.

(13)

(13) I f the licensee fails, within fourteen days after the service of such certificate and such demand in writing, to pay such excess amount, the person who made application under subsection four of this section may notwith­ standing the terms or conditions of any agree­ ment or contract entered into in respect of the transaction referred to in such certificate bring proceedings in any court of competent jurisdic­ tion for the recovery of such excess amount as

a debt accruing due to him by such licensee as
at the date of the issue of such certificate.

(s) by omitting section forty-three and by inserting in lieu thereof the following section:—

43. Any licensee who publishes (whether in a newspaper or otherwise) any advertisement relating to or in connection with his business without specifying therein the following par­ ticulars—•

(a) where such licensee is an individual carrying on business in his own name, or

a name other than his own name, and is

not a member of a partnership, his name and the address of his place of business;

(b) where such licensee carries on business as a member of a partnership, then either his name or the name of the partnership

of which he is a member, or the name

under which the partnership is registered

for the time being in force relating to the or deemed to be registered under any Act
registration of business names, and the-
address of his or its place of business; or
(c)	where such licensee is a corporation or employee of a corporation, the name of the corporation and the address of its
place of business;

shall be guilty of an offence against this Act.

Where a licensee carries on business at more
than one place of business any such advertise­

ment may specify the address of any one of

such places. ( t )

(t) by omitting section forty-nine and by inserting in lieu thereof the following section:—

49. (1) A sale by auction may be notified in the conditions of sale to be subject to the right

by the seller or by any person on behalf of the seller or auctioneer to make a bid or a specified

number of bids.

(2) I t shall not be lawful—

(a) for the seller or any person en behalf of the seller or auctioneer—

(i)   to bid at a sale by auction unless the right to bid has been notified in the conditions of sale in accordance with subsection one

of this section;

(ii)   to make more than one bid or more than the number of bids, as the case may be, notified in the conditions of sale as aforesaid;

(b) for the auctioneer knowingly to take from the seller or any person on behalf of the

seller or auctioneer—

(i)   any bid unless the right to bid has been notified in the conditions

of sale in accordance with sub­

section one of this section;

(ii)   more than one bid or more than the number of bids, as the case

may be, notified in the conditions

of sale as aforesaid.

(3) Whosoever contravenes the provi­

sions of this section shall be guilty of an offence
against this Act.

5 . The Principal Act is further amended—

(a) by omitting subsection three of section fifty- four;

(b)

(b) (i) by inserting in subsection three of section fifty-five next after the word " b y " where firstly occurring the words "the registrar or other officer of the council authorised in

writing by the council either generally or
in a particular case o r ; "

(ii)   by omitting from the same subsection the word "officer" and by inserting in lieu

thereof the words "registrar, officer or

member of the police force" ;

(c) (i) by inserting in subsection one of section

fifty-seven next after the word "registra­

t ion" the words " o r renewal of registra­

t ion";

(ii) (a) by inserting in subsection three of the

same section next after the word
"pol ice" where thirdly occurring the

word " s h a l l " ;

(b) by omitting from the same subsection the words "shall severally" and by in­ serting in lieu thereof the word " m a y " ;

(iii)   by omitting subsection four of the same

section and by inserting in lieu thereof the
following subsection :—

(4) I f the officer in charge of police or the council objects to the grant of the application a statement setting out the nature of the objection proposed to be made

shall be lodged with the clerk of the court. Any such statement may be included in any

report furnished pursuant to subsection

three of this section.

(iv)   by omitting subsection five of the same

section;

(v)   by inserting in paragraph (e) of subsection seven of the same section next after the word " f o r c e " the words " o r the registrar";

(vi)  by omitting from subsection eight of the same section the words " o f bad or doubtful character" and by inserting in lieu thereof

the

the words "not of good fame and character nor otherwise a fit and proper person to hold a certificate of registration";

(d) by omitting subsection one of section fifty-eight and by inserting in lieu thereof the following subsection:—

(1) The clerk of petty sessions shall, within seven days after the issue, renewal or cancella­ tion of a certificate of registration as a real estate salesman or after the refusal of an appli­ cation under section fifty-seven of this Act,

notify the registrar of such issue, renewal,
cancellation or refusal.

(e) by omitting subsection two of section fifty-nine;

(f)	by omitting from subsection one of section sixty the word "counci l" and by inserting in lieu
thereof the word " reg i s t ra r" ;

(g) ( i) by omitting subsection one of section sixty-

one and by inserting in lieu thereof the

following subsection:—-

(1) Where the court—

(a) refuses any application under sec­ tion fifty-seven or makes an order under section sixty of this Act; or

(b) grants an application under section

fifty-seven of this Act to the grant­

ing of which the officer in charge

of police or the council has

objected; or

(c) dismisses a complaint made under

section sixty of this Act;

the person making the application or the real estate salesman, as the case may be, where paragraph (a) of this subsection applies, or the officer in charge of police or the council where paragraph (b) of this subsection applies, or the complainant where paragraph (c) of this subsection applies,

may

may appeal in accordance with the rules of court of the District Court to the District Court exercising jurisdiction in the district within which the court refusing such appli­

cation, granting such application, making
such order, or dismissing such complaint is
situated;

(ii)   by omitting from subsection four of the same

section the word "counci l" where lastly

occurring and by inserting in lieu thereof

the word " reg i s t r a r " ;

(iii)  by inserting at the end of the same section the following new subsection:—

(5) Any appeal under this section in any

case to which paragraph (b) or paragraph

(c) of subsection one of this section applies

shall not be made unless the Minister

approves.

6 . The Principal Act is further amended—

(a) ( i) by inserting at the end of subsection one of
section seventy-one the following words:—

"Provided that where a corporation holds more than one auctioneer's license in respect

of an employee one contribution only shall
be payable under this section in respect of

all auctioneer's licenses held by such
corporation in respect of such employee;"
(ii)	by inserting in subsection three of the same
section next after the word "contributions"
where firstly occurring the words "an amount of not less than nine pounds";

(iii)   by inserting in the same subsection next after the word "beha l f" where firstly occurring the words ' ' an amount of not less than six pounds";

(iv)   by omitting from the same subsection the words "any license" and by inserting in

lieu thereof the words "each class of

l icense"; (v)

(v)   by omitting from the same subsection the word " n i n e " and by inserting in lieu thereof

the word " t h r e e " ;

(vi)   by inserting in the same subsection next

after the words "such person" where lastly

occurring the words " o r corporation";

(vii)   by omitting from the same subsection the words "and such corporation shall not be required to pay any further amount by way

of contributions under this section in

respect of the license held on its own behalf

or of the license held in respect of such

employee'';

(b) (i) by omitting subsection three of section

seventy-two and by inserting in lieu thereof
the following subsection:—

(3) I f a licensee does not after the prescribed notice pay any levy the registrar shall report to the council that such

licensee has not paid the levy, and shall

upon direction of the council make due record of the fact in the register and so long as the levy remains unpaid the licensee shall be deemed not to be the holder of a

license under this Act.

(ii)   by inserting at the end of subsection four of the same section the following words:—

in respect of an employee such corporation taken out more than one auctioneer's license "Provided that where a corporation has

shall be liable to pay the levy imposed under this section in respect only of one such auctioneer's license taken out in respect of such employee."

(c ) (i) by inserting in subsection one of section

seventy-four next after the word " l icensee"

the words—

"o r by a partner of a licensee or an

employee of a licensee in the course of his employment with such licensee or an

agent

agent of such licensee or other person having the apparent control or charge

for the time being of the office or busi­

ness of a licensee";

(ii)   by omitting from the same subsection the words " to him or to his employee in the course of his business" and by inserting in

lieu thereof the words " to such licensee or
to such partner, employee, agent or other person in the course of the business of such

licensee";

(iii)   by omitting subsection four of the same

section and by inserting in lieu thereof the

following subsection:—

(4) No person shall be entitled to claim against the fund in respect of any loss through such theft or fraudulent misappli­ cation unless and until there shall have been a conviction of such licensee, partner, employee, agent or other person for such theft or fraudulent misapplication unless the Supreme Court or a judge thereof,

or in any case where the amount of money or

the value of the property the subject of the

claim does not exceed one hundred pounds a court of petty sessions holden before a police or stipendiary magistrate, for reasons

which to such court, judge, or magistrate shall be good and sufficient, shall have by an

order certified that the person claiming to

have suffered loss should be permitted to

claim against the fund notwithstanding that

such licensee, partner, employee, agent or other person has not been convicted in respect of such theft or fraudulent mis­ application.

(d) (i) by inserting in subsection four of section

seventy-five after the word " l icensee" the words "partner, employee, agent or other person";

( i i )

(ii)   by inserting at the end of the same section the following new subsection:—

(6) In respect of any theft or fraudulent misapplication after the commencement of the Auctioneers, Stock and Station and Real Estate Agents (Amendment) Act, 1946, suit-

sections three and four of this section shall be read as though the words "five hundred"

were omitted therefrom and the words "two
thousand" substituted therefor.

(e) by omitting from section seventy-six the words "being an auctioneer, is or was residing, or being a stock and station agent or a real estate agent";

( f ) (i) by omitting from subsection one of section

eighty-three the words "the council may" and by inserting in lieu thereof the words "the chairman or any two members of the

council may" ; .

(ii)   by omitting subsection two of the same

section and by inserting in lieu thereof the

following subsection:—

(2) Every appointment made under this

section shall be in writing signed by the

registrar and the chairman or the members
of the council who made such appointment.

(iii) by inserting in subsection three of the same

section after the word " l icensee" where sixthly occurring the words " o r any written

record made and kept by such licensee pur­ suant to section thirty-eight of this A c t " ;

(iv)   by inserting in subsection four of the same

section next after the words "report to the council" the words "o r in the like circum­

stance and to the like extent as a member of the council or any of its officers is per­ mitted under subsection one of section 86A

of this Act to publish information";

(v )

(v)   by omitting subsection five of the same

section and by inserting in lieu thereof the

following subsection:—

(5) The provisions of this section shall apply mutatis mutandis to and in respect

of any written record preserved in accord­

ance with the provisions of subsection two of section thirty-eight of this Act by a person

who has ceased to hold a license under this Act or by any person (other than the
licensee who made such written record) who

has the possession, custody or control of such written record as required by that sub­

section.

7.  The Principal Act is further amended:—

(a) by inserting next after section eighty-six the following new sections:—

86A. (1) I t shall not be lawful for any mem­

ber of the council or any of its officers or em­

ployees to publish any information furnished to the council pursuant to the provisions of

section 38A of this Act, or disclosed by an inspec­

tion made under the provisions of section 38B

of this Act or section fifty-five of this Act, or in

an accountant's report made pursuant to section

eighty-three of this Act, except—	(a)	to the court before which any proceed­ ings are pending or being taken in connection with any application made
for the grant of a license to or the
renewal, restoration, variation or can­
cellation of a license of the person to
whom such information is relevant; or
(b)	to the court in which proceedings are being taken for a breach of this Act against the person to whom such infor­ mation is relevant; or

(c)

(c) to the court which or the judge or magistrate who may by order in accord­

ance with subsection four of section

seventy-four of this Act certify that any person should be permitted to claim against the Auctioneers, Stock and Station and Real Estate Agents

Fidelity Guarantee Fund.

(2) The Registrar may with the approval

of the council communicate to any person

directly concerned in any transaction with a

licensee in connection with his business as a licensee any information furnished to the council in accordance with the provisions of this Act, in so far as it relates to any such transac­

tion and directly concerns any such person.

(3) Any person who commits a breach
of any provision of this section shall, in addition

to any other proceedings, penalty or punishment to which he may be liable, be guilty of an offence against this Act.

86B. All writs, summonses, notices or other documents required or authorised to be served on or given to a licensee, real estate dealer or real estate salesman, shall be deemed to be duly served or given if left at his registered office,	registered place of business or registered
address, as the case may be, with some person
apparently in the employ of such licensee, real estate dealer or real estate salesman, or apparently in charge of the office or business
of such licensee, real estate dealer or real
estate salesman, or if sent by registered post, postage prepaid, addressed to such
licensee, real estate dealer or real estate sales­
man at his registered office registered place of business or registered address as the case may
be.

(b)

(b) by inserting next after section eighty-seven the following now section :—

87A. An information for an offence against this Act may be laid at any time within twelve months from the time when the matter of the information arose.

(c) by omitting section eighty-nine and by inserting in lieu thereof the following new section:—

89. A document purporting to be a certificate under the hand of the registrar and stating that any person is or is not or was or was not on. any date or during any period mentioned therein the holder of a license of the class speci- fied therein or the holder of a certificate of regis- tration as a real estate salesman shall in all courts and before all persona and bodies authorised by law to receive evidence be prima facie evidence of the facts alleged.

(d)	by omitting subsection one of section ninety- one ;
(e)	by inserting at the end of subsection two of sec- tion ninety-two the following new paragraph:—

(f) prescribe the books, accounts and records to ue kept by a licensee and the form and mode of keeping the same.