Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Amendment Regulation (No. 1) 2006 (Qld)

Queensland Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Amendment Regulation (No. 1) 2006 Subordinate Legislation 2006 No. 218 made under the Property Agents and Motors Dealers Act 2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of sch (Auctioneering Practice Code of Conduct) . . 2

s1 2 s4 Property Agents and Motor Dealers (Auctioneering No. 218, 2006 Practice Code of Conduct) Amendment Regulation (No. 1) 2006 1 Short title This regulation may be cited as the Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Amendment Regulation (No. 1) 2006 . 2 Commencement This regulation commences on 21 August 2006. 3 Regulation amended This regulation amends the Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001. 4 Amendment of sch (Auctioneering Practice Code of Conduct) Schedule, section 32— omit, insert — ‘32 Auction conduct—bidder registration ‘(1) An auctioneer at an auction must keep a register of all bidders at the auction registered under this section (the register of bidders ). ‘(2) The auctioneer must— (a) announce to persons present at the auction that bids will only be accepted from registered bidders; and (b) ensure all bidders at the auction are registered as bidders before the auction starts. ‘(3) The auctioneer may register a person as a bidder at an auction only if the person— (a) gives the auctioneer the person’s name and address; and (b) produces to the auctioneer satisfactory evidence of the person’s identity; and

s4 3 s4 Property Agents and Motor Dealers (Auctioneering No. 218, 2006 Practice Code of Conduct) Amendment Regulation (No. 1) 2006 Example for paragraph (b) — a driver licence with the person’s photo on it (c) gives the auctioneer the name and address of any other person for whom bids are intended to be made on instructions given by the other person by telephone. ‘(4) If the auctioneer is satisfied of the person’s identity, the auctioneer must— (a) record in the register of bidders for the auction— (i) the person’s name and address; and (ii) the bidder number assigned by the auctioneer to the bidder; and (b) give the person a card or other thing with the bidder number on it for use by the bidder during the auction. ‘(5) The auctioneer must ensure the number on the card or other thing given to the bidder under subsection (4)(b) can be easily read by the auctioneer when the bidder uses it to make a bid during the auction. ‘(6) The auctioneer must keep the register of bidders for 5 years after the date of the last entry made in it. ‘32A Auction conduct—seller bidder ‘(1) This section applies in relation to a seller of property offered for sale by auction. ‘(2) If the seller bids for the property when it is offered for sale, the auctioneer must announce to the other bidders that the bid is made by the seller. ‘(3) Also, if the seller sets a reserve price for the property under the Act, section 574A, the auctioneer must not accept a bid from the seller that is higher than the reserve price set for the property. ‘32B Auction conduct—disclosure of bidder identity ‘(1) This section applies in relation to bidders registered by an auctioneer under section 32.

s4 4 s4 Property Agents and Motor Dealers (Auctioneering No. 218, 2006 Practice Code of Conduct) Amendment Regulation (No. 1) 2006 ‘(2) The auctioneer must not disclose the bidder’s identity to anyone other than an inspector or a court. ‘(3) However, the auctioneer may disclose to the seller of the property offered for sale the identity of a bidder for the property if it is necessary— (a) for negotiations with the bidder after the property has been passed in; or (b) for facilitating the sale of the property.’. ENDNOTES 1 Made by the Governor in Council on 14 August 2006. 2 Notified in the gazette on 18 August 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Office of Fair Trading. © State of Queensland 2006 Authorised by the Parliamentary Counsel and printed by the Government Printer