Sales by Auction Act 1937 (WA)

193r.] Sales By Auction. [No. 43.

SALES BY AUCTION.

1° AND 2° GEO. VI., No. SLAT.

No. 43 of 1937.

AN ACT to make certain provisions regarding the

Sale of Cattle and Farm Produce by Auction.

[Assented to 18th January, 1.938.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1.    This Act may be cited as the Sales by Auction Act, Short title

1937.

2.    In this Act, subject to the context

"Auctioneer" means any person acting as an auc- notirprets

tioneer within the meaning of section three of •

the Auctioneers Act, 1921, and its amendments.

"Cattle" means horses, mares, fillies, foals, geld-

ings, colts, bulls, bullocks, cows, heifers, steers,

calves, ewes, wethers, rams, lambs and swine.

"Farm produce" means wool, skins, hides, tallow, cereals, grain, vegetables, potatoes, onions, other edible roots and tubers, tobacco leaf, fruit, hay, chaff, dairy produce, honey, live or dead poultry and game, and eggs.

No. 43.] Sales by Auction. [1937.

"Sales by auction" or "to sell by auction" implies the sale of any cattle or farm produce by out- cry, knocking down of hammer, machine, or any other mode whereby the highest or the lowest bidder is the purchaser ; or whereby the first person who claims the cattle or farm produce submitted for sale at a certain price named by the person acting as auctioneer is the purchaser; or whereby there is a competition for the pur- chase of any cattle or farm produce in any way commonly known and understood to be by way of auction.

Splitting of

lots of cattle	3. (1) Any person who induces or attempts to induce
or farm pro-

duce pur-	any other person to abstain from bidding at a sale by
chased at
auction an	auction of cattle or farm produce, either generally or for
offence.	any particular lot, by means of a promise, express or im- plied, that he will if he is the successful bidder for the cattle or farm produce

(a)	give such other person the right to elect to take over as purchaser through the auctioneer all or any of the said cattle or farm produce at the auction price; or
(b)

agree to decide by tossing or the drawing of lots

or any other method who is to become the owner

of all or any of the said cattle or farm produce,

shall be liable for a first offence to a penalty of not more

than ten pounds, and for a second or any subsequent

offence to a penalty of not more than twenty-five pounds,

or to imprisonment for a term of not more than one

month.

(2) Any person who abstains or agrees to abstain from bidding at a sale by auction of cattle or farm produce as the result of a promise, express or implied, given to him

(a)	that he shall have the right to elect to take over as purchaser through the auctioneer all or any of the said cattle or farm produce at the auction price; or
(b)	that the ownership of all or any of the said cattle or farm produce shall be determined by tossing or the drawing of lots or any other method,

shall be liable for a first offence to a penalty of not more than ten pounds, and for a second or any subsequent

1937.] Sales by Auction. [No. 43.

offence to a penalty of not more than twenty-five pounds, or to imprisonment for a term of not more than one month.

4. (1) Any auctioneer or any clerk of an auctioneer Eauc tioneer nt l or

who knowingly enters in any register. or book kept or elorl rota- er ox

required to be kept by such auctioneer as the purchaser ItePt by

of any cattle or farm produce sold by auction any name pu°rehaser	ie
other than the name of the actual successful bidder for g	ir con to tlreo iota o

such cattle or farm produce shall be liable for a first rom. au

offence to a penalty of not more than ten pounds, and for the nnme of other thnn

a second or any subsequent offence to a penalty of not t:ioeco:scotituals

more than twenty-five pounds, or to imprisonment for a abkte.am

term of not more than one month.

(2) If the clerk of any auctioneer enters in any klitimgrerin. register or book kept or required to be kept by such ryrrreicotrytries

auctioneer as the purchaser of any cattle or farm produce sold by auction any name other than the name of the actual successful bidder for such cattle or farm produce the auctioneer shall, unless he proves to the satisfaction of the court that he did not know that a name other than the name of the actual successful bidder was entered as aforesaid, be guilty of an offence, and shall be liable for a first offence to a penalty of not more than ten pounds and for a second or any subsequent offence to a penalty of not more than twenty-five pounds, or to imprisonment for a term of not more than one month.

(3) Notwithstanding anything in the foregoing pro- Provision for

visions of this section, where the actual successful bidder en ihnorlgi s-	or nnmc other
at a sale by auction of any cattle or farm produce some-
diately after the auctioneer conducting such sale has a	o:tou sito l i sum

indicated such actual successful bidder informs such cbe	itt cinasea.
auctioneer

(a) that he bid for such cattle or farm produce on

behalf of another person; and

(h) of the name of such other person,

the said auctioneer or clerk shall not be guilty of an offence against the foregoing provisions of this section by reason of the fact that he enters in the register or book aforesaid as purchaser of such cattle or farm produce the name of such other person.

5. (1) Every auctioneer shall, before beginning any Copy of Act to

sale by auction of any cattle or farm produce, read or bore =boil:dud

recite aloud a statement of the material parts of sections cutest els 017

c

three and four of this Act: provided that, where on any attle or v farm produce.

No. 43.] Sales by Auction. [1937.

day successive sales by auction of cattle and farm pro- duce are held at the same selling place and the foregoing provisions of this subsection are complied with by the auctioneer conducting the first of such sales, no auc- tioneer thereafter conducting any of such successive sales shall be required before commencing any of such sales to comply with such provisions: provided further, that when conditions of sale are not read or recited aloud be- fore a sale by auction but are exhibited by means of notices in the yard or place where the sale is held, it shall be sufficient compliance with the provisions of this sub- section if the material parts of sections three and four of this Act are incorporated in all of such notices in larger print or lettering than the conditions of sale and the notices are prominently displayed in such yard or place before and during the whole time occupied by the sale.

(2) Any auctioneer who fails to comply with the pro- visions of the last-preceding subsection shall be liable to a penalty of not more than ten pounds.

Minimum

Wherever a pecuniary penalty is prescribed for an

offence under this Act, the minimum penalty shall be

one-quarter of the maximum penalty.

penalty. 6.

Commence-

This Act shall come into force on the thirty-first day of December, one thousand nine hundred and thirty- seven: provided, however, that in so far as it relates to wool it shall not come into force until a day to be fixed by proclamation.

ment and 7.

saving as to

wool.