Mock Auctions Act 1973 (Qld)

35 ANNO VICESIMO SECUNDO EEIZA E AE SECUNDAE REGINAE No. 9 of 1 9 73 An Act to prohibit c6 rtain p ra ctic es relation to sal es purpo rtin g to he sales by auction [ASSENTED TO 11TH APRIL, 1973] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Mock Auctions Act 1973. 2. Commencement . This Act shall come into operation on a day to be fixed by Proclamation. 3. Interpretation . (1) In this Act, unless the contrary intention appears- " competitive bidding " in relation to the sale of goods; includes any mode of sale whereby prospective purchasers are enabled to compete for the purchase of goods whether by way of increasing bids or by the offer of goods to be bid for at successively decreasing prices or otherwise;

36 Mock A uctions Act 1973, No. 9 " sale of goods by way of competitive bidding-" means any sale of goods at which the persons present, or some of them, are invited to buy articles by way of competitive bidding; " stated " in relation to a sale of goods by way of competitive bidding means stated by or on behalf of the person conducting the sale by an announcement made to the persons for the time being present at the sale. (2) For the purposes of this Act- (a) any bid stated to have been made at a sale of goods by way of competitive bidding shall be conclusively presumed to have been made and to have been a bid of the amount stated; (b) any reference in this Act to the sale of a lot to a person who has made a bid for it includes a reference to a purported sale thereof to a person stated to have made a bid for it, whether that person exists or not; and (c) anything done is or about the place where a sale of goods by way of co `::ive bidding is held, if done in connexion with the sale. cis ! taken to be done during the course of the sale , h, it is done at the time when any goods are being sold or offered for sale by way of competitive bidding or before or af.rr any such time. ion . (1) A person shall not promote or cc, :ct or ussis> i- •o :oi'on or conduct of a mock auction at which -) 's in one or : ,ore I - are offered for sale. Penalty: $1, . (2) For the purposes of this section and subject to subsection (3) a sale of goods by way of competitive bidding shall be a mock auction if, but only if, during the course of the sale- (a) any lot is sold to a person and either- (i) it is sold to him at' a price lower than the amount of his highest bid for that lot; or (ii) part of the price at which it is sold to him is repaid or credited to him or is stated to be so repaid or credited; (b) the right to bid for any lot is restricted, or is stated to be restricted, to persons who have bought or agreed to buy one or more articles; or (c) any articles are given away or offered as gifts. (3) A sale of goods shall not be a mock auction by virtue of paragraph (a) of subsection (2) if it is proved that the reduction in price or the repayment or credit, as the case may be- (a) was on account of a defect discovered after the highest bid in question had been made, being a defect of which the person conducting the sale was unaware when the bid was made; or (b) as on accc ant of damage sustained after that bid was made. pJ 5. __.. corporate. Where a person charged with an offence a;Cnst this I t is a body corporate, a person who is concerned or takes part in the management of the body corporate may be charged with a like offence and where the body corporate is convicted of the

Mock Auctions Act 1973, No. 9 37 offence a person who is so concerned or takes part in the management of the body corporate may be convicted of the like offence unless he proves that the act or omission constituting the offence took place- withbut his knowledge or consent. 6. Savings of other remedies or actions . Nothing in this Act shalt derogate from any right of action or other remedy, whether civil or criminal, in proceedings instituted otherwise than under this Act.. 7. Summ ary proceedings . Proceedings for offences against this Act shall be heard and determined in a summary way under The Justices Acts 1886 to 1968. 8. Regulations . (1) The Governor in Council may make such regulations not inconsistent with this Act as are necessary or expedient for the purposes of giving effect to the provisions and objects of this Act. (2) Without limiting the generality of subsection (1) the regulations may provide for and prescribe penalties not exceeding in each case $200 for a breach of any provisions of the regulations.