{"id":"auctioneers-act-1935","name":"Auctioneers Act 1935","slug":"auctioneers-act-1935","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29855,"registerId":"nt-auctioneers-act-1935-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Auctioneers Act 1935","content":"NORTHERN TERRITORY OF AUSTRALIA\nAUCTIONEERS ACT 1935\nAs in force at 27 November 2023\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Repeal ............................................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Auctioneer must hold licence ........................................................... 2\n5 Application for auctioneer's licence.................................................. 2\n6 Renewal of auctioneer's licence ...................................................... 3\n7 Board may grant or refuse auctioneer's licence, etc. ....................... 3\n8 Review by NTCAT ........................................................................... 3\n8A Board to grant licence on order of NTCAT ...................................... 4\n8D Period of auctioneer's licence .......................................................... 4\n8E Application for clerk's licence ........................................................... 4\n8F Board may grant or refuse clerk's licence ........................................ 4\n8H Period of clerk's licence ................................................................... 5\n8HA Notification of change of circumstance ............................................ 5\n8HB Applications for disciplinary action or decisions to take\ndisciplinary action ............................................................................ 5\n8HC Board may suspend licence pending inquiry ................................... 6\n8J Disciplinary action ............................................................................ 7\n8K Refund of portion of fee for auctioneer's licence in certain\ncircumstances.................................................................................. 7\n9 Non-eligibility of bankrupts............................................................... 7\n10 Exemption of government officers, &c. ............................................ 8\n12 Return of expired or cancelled or suspended licence ...................... 8\n13 Misrepresentation as to quality, &c., of property .............................. 8\n14 Record to be kept ............................................................................ 8\n15 Bidding by seller .............................................................................. 9\n17 Persons to whom Act does not apply .............................................. 9\n17A Regulatory offences......................................................................... 9\n18 Power of courts to cancel or suspend licences ................................ 9\n18A Licence not transferable ................................................................ 10\n19 Regulations.................................................................................... 10\n20 Transitional matter for Statute Law Revision and Repeals\nAct 2019 ........................................................................................ 10\nSchedule Reviewable decisions\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 27 November 2023\n____________________\nAUCTIONEERS ACT 1935\nAn Act to regulate Sales by Auction\n1 Short title\nThis Act may be cited as the Auctioneers Act 1935.\n2 Repeal\n\"The Auctioneers Act, 1862\" of the State of South Australia (No. 9\nof 1862), in its application to the Territory, is repealed.\n3 Definitions\nIn this Act, unless the contrary intention appears:\napproved means approved by the Board.\nauctioneer means a person who sells by auction or offers for sale\nby auction.\nauctioneer's licence means an auctioneer's licence granted under\nthis Act.\nBoard means the Agents Licensing Board established under\nsection 6(1) of the Agents Licensing Act 1979.\nclerk's licence means a clerk's licence granted under this Act.\nlicence means a licence granted and in force under this Act and\nincludes both an auctioneer's licence and a clerk's licence.\nprescribed fee means a fee prescribed under section 3AB.\nRegistrar means the Registrar of Land, Business and\nConveyancing Agents appointed under section 8(1) of the Agents\nLicensing Act 1979.\nsale by auction has a corresponding meaning to sell by auction.\nsell by auction means sell any property by outcry, knocking down\nof hammer, candle, lot, parcel, instrument, machine, or any other\n\nAuctioneers Act 1935 2\nmode of sale whereby the highest or the lowest bidder is the\npurchaser, or whereby the first person who claims the property\nsubmitted for sale at a certain price named by the person acting as\nauctioneer is the purchaser, or whereby there is a competition for\nthe purchase of any property in any way commonly known and\nunderstood to be by way of auction.\n3A Delegation\n(1) The Minister may delegate any of the Minister's powers and\nfunctions under this Act to the Chief Executive Officer of the Agency\nor a public sector employee.\n(2) The Board may delegate any of the Board's powers and functions\nunder this Act to the Chief Executive Officer of the Agency or a\npublic sector employee.\n4 Auctioneer must hold licence\nSubject to this Act, a person shall not:\n(a) carry on business as an auctioneer unless he holds an\nauctioneer's licence; or\n(b) sell or offer to sell by auction unless he holds:\n(i) an auctioneer's licence; or\n(ii) a clerk's licence,\nwhich is in force under this Act.\nMaximum penalty: 100 penalty units.\n5 Application for auctioneer's licence\n(1) A person who is of or over the age of 18 years may, in the\napproved form, apply to the Board for an auctioneer's licence.\n(2) An application for an auctioneer's licence must specify:\n(i) a licence period of 1 year, 3 years or 5 years; and\n(ii) the applicant's full name and business address; and\n(iii) any other matters as approved.\n(3) The application must be accompanied by the prescribed fee for the\nlicence period specified in the application.\n\nAuctioneers Act 1935 3\n(4) If the application is refused, the prescribed fee must be refunded to\nthe applicant.\n6 Renewal of auctioneer's licence\n(1) A person who holds an auctioneer's licence, may, at any time within\n14 days before the date upon which the licence will expire, apply in\nthe approved form to the Board for a renewal of that licence.\n(2) An application for the renewal of an auctioneer's licence must\nspecify:\n(a) a licence period of 1 year, 3 years or 5 years; and\n(b) any other matters as approved.\n(3) The application must be accompanied by the prescribed fee for the\nlicence period specified in the application.\n7 Board may grant or refuse auctioneer's licence, etc.\n(1) Subject to this section, the Board must grant or refuse to grant an\nauctioneer's licence or a renewal of an auctioneer's licence within\n28 days of receiving an application.\n(2) The Board must not grant an auctioneer's licence or a renewal of an\nauctioneer's licence unless the Board is satisfied:\n(a) that the applicant for the licence or renewal:\n(i) is of or over the age of 18 years; and\n(ii) is a person of good character; and\n(iii) is a fit and proper person to hold an auctioneer's licence;\nand\n(b) that the prescribed fee has been paid.\n(3) If the Board refuses to grant an auctioneer's licence or a renewal of\nan auctioneer's licence, the Board must give written notice of the\nrefusal to the applicant.\n8 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) of the Board specified in the Schedule.\n(2) An affected person, for a reviewable decision, is a person\nspecified in the Schedule for the decision.\n\nAuctioneers Act 1935 4\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 8\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n8A Board to grant licence on order of NTCAT\nIf NTCAT orders that a licence be granted or renewed following the\nreview of a reviewable decision under section 8, the Board must\npromptly issue the licence to the applicant.\n8D Period of auctioneer's licence\nAn auctioneer's licence, unless sooner cancelled or suspended,\nremains in force:\n(a) from the date on which it is granted until the end of the licence\nperiod specified in the application for the licence; or\n(b) if the licence is renewed – from the date of renewal until the\nend of the licence period specified in the application for\nrenewal.\n8E Application for clerk's licence\nA person who holds an auctioneer's licence may, in the approved\nform, apply to the Board for the grant of a clerk's licence to a person\nemployed by the holder of the auctioneer's licence.\n8F Board may grant or refuse clerk's licence\n(1) Subject to this section, the Board may grant or refuse to grant a\nclerk's licence to a person employed by the holder of an\nauctioneer's licence.\n(2) The Board must not grant a clerk's licence unless the Board is\nsatisfied:\n(a) that the person in respect of whom the application is made:\n(i) is of or over the age of 18 years; and\n(ii) is a person of good character; and\n(iii) is a fit and proper person to conduct sales by auction;\nand\n(iv) is employed by the holder of an auctioneer's licence; and\n\nAuctioneers Act 1935 5\n(b) that the prescribed fee has been paid.\n8H Period of clerk's licence\nA clerk's licence, unless sooner cancelled or suspended, shall be\nand continue in force:\n(a) until 30 June next ensuing after the day upon which the\nlicence is granted or, where the certificate is granted during\nthe month of June in any year, until 30 June in the following\nyear; or\n(b) until the auctioneer's licence of the person, by whom the\nholder of the clerk's licence is employed, is cancelled or\nsuspended,\nwhichever first occurs.\n8HA Notification of change of circumstance\n(1) A person who holds a licence must, within 14 days after a change\nin a circumstance relevant to the person's licensing, notify the\nRegistrar of the change.\nMaximum penalty: 5 penalty units.\n(2) For subsection (1), a circumstance is relevant to the person's\nlicensing if:\n(a) it is a change in the person's name, address or place of\nbusiness; or\n(b) the person is adjudicated to be a bankrupt.\n8HB Applications for disciplinary action or decisions to take\ndisciplinary action\n(1) The following are grounds for taking disciplinary action against a\nholder of a licence under this Act:\n(a) breach of the Act;\n(b) breach of the rules.\n(2) The Commissioner of Police may, by written notice lodged with the\nRegistrar, apply for disciplinary action to be taken against the\nlicence holder on one or more of the grounds referred to in\nsubsection (1).\n\nAuctioneers Act 1935 6\n(3) The Registrar may, by written notice, apply for disciplinary action to\nbe taken against the licence holder on one or more of the grounds\nreferred to in subsection (1).\n(4) Any other person may, by written notice lodged with the Registrar,\napply for disciplinary action to be taken against the licence holder\non one or more of the grounds referred to in subsection (1).\n(5) When the Registrar receives an application under subsection (2)\nor (4) or makes an application under subsection (3), the Registrar\nmust report to the Board as soon as practical.\n(6) The Board must hold an inquiry into the conduct of a licence holder\nif:\n(a) an application is made under subsection (2), (3) or (4); or\n(b) the Board independently considers there may be grounds for\ndisciplinary action to be taken against the licence holder.\n(7) The Board may, without holding an inquiry, reject an application for\ndisciplinary action to be taken against a licence holder if:\n(a) the application is made by a person mentioned in\nsubsection (4) and, in the opinion of the Board, is of a\nfrivolous, irrelevant or malicious nature; or\n(b) the application was made on the grounds mentioned in\nsubsection (1)(b) and the Board is satisfied that the licence\nholder has a reasonable excuse for breaching the rules; or\n(c) the Board is satisfied that there are no grounds for holding, or\nthere is insufficient evidence to hold, an inquiry.\n(8) If an application is made for disciplinary action under this section or\nthe Board considers disciplinary action should be taken under this\nsection, the Registrar must, as soon as is reasonably practicable,\nserve a copy of the application or decision of the Board on the\nlicence holder in respect of whom the application or decision was\nmade.\n8HC Board may suspend licence pending inquiry\n(1) If the Board holds an inquiry into a licence holder under\nsection 8HB(6), the Board may, if the Board considers it\nappropriate, suspend the licence holder's licence until the\nconclusion of that inquiry.\n\nAuctioneers Act 1935 7\n(2) If the Board suspends a licence under subsection (1), the Registrar\nmust give written notice of the suspension to the licence holder.\n(3) A suspension under subsection (1) takes effect on the day\nimmediately after the date on which the notice is given to the\nlicence holder under subsection (2).\n8J Disciplinary action\nAfter holding an inquiry under section 8HB(6), the Board may, if\nsatisfied that the licence holder has breached the Act or the rules,\ndo one or more of the following:\n(a) reprimand or caution the licence holder;\n(b) by written notice, cancel or suspend, for an appropriate period,\nthe licence holder's licence;\n(c) by written notice, impose a fine not exceeding 50 penalty units\non the licence holder.\n8K Refund of portion of fee for auctioneer's licence in certain\ncircumstances\nWhere a person who holds an auctioneer's licence ceases to carry\non business as an auctioneer or dies, or where his auctioneer's\nlicence has been cancelled, the Board may, on application by the\nperson to whom the auctioneer's licence was granted or his\npersonal representative and upon delivery of the licence, refund to\nthat person or his personal representative an amount calculated at\nthe rate of one-quarter of the fee for the auctioneer's licence for\neach complete period of 3 months of the balance of the term of the\nlicence which was unexpired at the time when the person, to whom\nthe licence was granted, ceased to carry on business or died.\n9 Non-eligibility of bankrupts\n(1) A person is not entitled to receive a licence or renewal of a licence\nif the person:\n(a) is an undischarged bankrupt or is a director or other person\nconcerned in the management of a company that is the\nsubject of a winding up order or for which a controller or\nadministrator has been appointed; or\n(b) at any time in the 3 years immediately before the person\napplied for the licence:\n(i) was an undischarged bankrupt; or\n\nAuctioneers Act 1935 8\n(ii) applied to take the benefit of any law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounded with the person's creditors or made an\nassignment of the person's remuneration for their\nbenefit.\n(2) Subsection (1)(b) applies unless the Board is satisfied that the\nperson took all reasonable steps to avoid bankruptcy.\n10 Exemption of government officers, &c.\nA person:\n(a) employed to sell by auction any of the lands of the Crown, or\nany estate or interest therein, or any goods, chattels or other\nproperty of the Crown; or\n(b) expressly authorized by any law to make any sale by auction,\nshall, so far as the sales which he may, as mentioned in this\nsection, be employed or authorized to make, be exempted from the\noperation of this Act.\n12 Return of expired or cancelled or suspended licence\nThe holder of a licence shall, within 3 days after the expiration of his\nlicence, or, if his licence is cancelled or suspended, within 3 days\nafter the date of the cancellation or suspension of his licence,\ndeliver the licence to the Registrar.\nMaximum penalty: 1 penalty unit.\n13 Misrepresentation as to quality, &c., of property\nAny auctioneer who knowingly misrepresents or causes or permits\nto be misrepresented the composition, structure, character or\nquality or the origin or manufacture of any property offered by him\nfor sale by auction shall be guilty of an offence.\nMaximum penalty: 0.8 penalty unit.\n14 Record to be kept\n(1) Every auctioneer shall forthwith record, in a book to be kept for the\npurpose, full particulars of all property sold by him at auction, and,\nin respect of any property so sold, shall preserve the record for at\nleast 12 months after the date of the sale.\n\nAuctioneers Act 1935 9\n(2) The book shall be open to inspection at all reasonable times by the\nCommissioner of Police or any member of the police force thereto\nauthorized in writing by the Commissioner of Police, and every\nauctioneer, upon being required so to do, shall produce, for\ninspection by the Commissioner of Police or other member of the\npolice force, the book kept by him.\n(3) Any person who contravenes any provision of this section shall be\nguilty of an offence.\nMaximum penalty: 5 penalty units.\n15 Bidding by seller\nWhere a sale by auction is not notified in the conditions of sale to\nbe subject to a right to bid on behalf of the seller, the seller shall not\nhimself bid or employ any person to bid at the sale and the\nauctioneer shall not knowingly take any bid from the seller or any\nsuch person.\nMaximum penalty: 5 penalty units.\n17 Persons to whom Act does not apply\nNotwithstanding anything contained in this Act:\n(a) any officer of any court having jurisdiction in the Territory may,\nwithout holding a licence, sell by auction any property taken by\nhim in execution by virtue of any process issued from the\ncourt;\n(b) any person thereto authorized by the Minister may, without\nholding a licence, sell by auction any leases of lands\nbelonging to the Commonwealth or any property belonging to\nthe Commonwealth or to intestate estates; and\n(c) any person who is authorized by any law for the time being in\nforce to sell by auction without a licence may do so.\n17A Regulatory offences\nAn offence of contravening or failing to comply with section 12\nor 14(1) is a regulatory offence.\n18 Power of courts to cancel or suspend licences\nWhere any court imposes any penalty for any offence against this\nAct it may, where the person found guilty holds a licence, at the\nsame time cancel or suspend for such period as it thinks fit the\nlicence of the person found guilty.\n\nAuctioneers Act 1935 10\n18A Licence not transferable\nA licence is not transferable by the holder of the licence.\n19 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may prescribe fees for this Act.\n(3) The regulations may make rules of conduct, which may incorporate\nor adopt by reference (with any necessary changes) rules,\nprovisions, a code or another document, as in force from time to\ntime, relating to professional conduct of auctioneers.\n20 Transitional matter for Statute Law Revision and Repeals\nAct 2019\nDespite the repeal of section 3AB by the Statute Law Revision and\nRepeals Act 2019, any fees prescribed under section 3AB of the\nAct as in force immediately before the commencement of that Act\ncontinue in force until fees are prescribed in the regulations.\n\nSchedule Reviewable decisions\nAuctioneers Act 1935 11\nSchedule Reviewable decisions\nsection 8\nItem Reviewable decision Affected person\n1 A decision under section 7(1) to refuse to\ngrant an auctioneer's licence or a renewal\nof an auctioneer's licence\nThe applicant for the\nlicence or renewal\n2 A decision under section 8F(1) to refuse to\ngrant a clerk's licence\nThe person who applied\nfor the grant of the clerk's\nlicence or the person in\nrespect of whom the\napplication is made\n3 A decision under section 8HB(7) to reject\nan application for disciplinary action to be\ntaken against a licence holder\nThe applicant under\nsection 8HB(2), (3) or (4)\n4 A decision under section 8HC(1) to\nsuspend a licence holder's licence\nThe licence holder\n5 A decision under section 8J to take, or to\nnot take, disciplinary action against a\nlicence holder\nThe licence holder\nIf an application for\ndisciplinary action to be\ntaken against the licence\nholder was made under\nsection 8HB(2), (3)\nor (4) – the applicant\n\nENDNOTES\nAuctioneers Act 1935 12\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAuctioneers Ordinance 1935 (Act No. 20, 1935)\nAssent date 14 November 1935\nCommenced 14 November 1935\nAuctioneers Ordinance 1955 (Act No. 10, 1955)\nAssent date 8 June 1955\nCommenced 1 January 1957 (Gaz No. 44, 7 November 1956)\nAuctioneers Ordinance 1960 (Act No. 10, 1961)\nAssent date 3 February 1961\nCommenced 3 February 1961\nAuctioneers Ordinance 1964 (Act No. 28, 1964)\nAssent date 5 August 1964\nCommenced 5 August 1964\nAuctioneers, Dealers and Agents Ordinance 1970 (Act No. 65, 1970)\nAssent date 10 December 1970\nCommenced (rep Statute Law Revision Act 1980 (Act No. 6, 1981))\nAuctioneers, Dealers and Agents Ordinance 1973 (Act No. 61, 1973)\nAssent date 11 December 1973\nCommenced (rep Statute Law Revision Act 1980 (Act No. 6, 1981))\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 Aug 1974\nCommenced 11 December 1973 (s 3(2))\n\nENDNOTES\nAuctioneers Act 1935 13\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 Aug 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 Oct 1974\nAuctioneers, Dealers and Travel Agents Ordinance 1974 (Act No. 23, 1974)\nAssent date 19 August 1974\nCommenced (rep Statute Law Revision Act 1980 (Act No. 6, 1981))\nAge of Majority Ordinance 1974 (Act No. 37, 1974)\nAssent date 23 September 1974\nCommenced 1 November 1974 (Gaz No. 42, 17 October 1974, p 475)\nAuctioneers, Dealers and Agents Ordinance 1974 (Act No. 75, 1974)\nAssent date 24 October 1974\nCommenced (rep Statute Law Revision Act 1980 (Act No. 6, 1981))\nTransfer of Powers (Further Provisions) Ordinance 1977 (Act No. 51, 1977)\nAssent date 9 December 1977\nCommenced 1 January 1978 (s 2)\nAuctioneers Ordinance 1978 (Act No. 8, 1978)\nAssent date 31 March 1978\nCommenced 31 March 1978\nTransfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978 (s 8)\nStatute Law Revision Act 1978 (Act No. 95, 1978)\nAssent date 5 September 1978\nCommenced 5 September 1978\nStatute Law Revision Act 1981 (Act No. 29, 1981)\nAssent date 25 March 1981\nCommenced 25 March 1981\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nLocal Court (Consequential Amendments) Act 1989 (Act No. 14, 1989)\nAssent date 5 June 1989\nCommenced s 6: 5 June 1989 rem: 1 January 1991 (s 2, s 2 Small Claims\nAmendment Act 1988 (Act No. 43, 1988), Gaz G17,\n3 May 1989, p 2, s 2 Local Court Act 1989 (Act No. 31, 1989)\nand Gaz G49, 12 December 1990, p 2)\nStatute Law Revision Act 1993 (Act No. 6, 1993)\nAssent date 18 March 1993\nCommenced 18 March 1993\n\nENDNOTES\nAuctioneers Act 1935 14\nStatute Law Revision Act (No. 2) 1993 (Act No. 70, 1993)\nAssent date 9 November 1993\nCommenced 9 November 1993\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2009\nCommenced ss 58 to 60: 30 January 2012 (Gaz, S2, 24 January 2012);\nrem: 25 November 2011 (Gaz,S68, 25 November 2011)\nPenalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)\nAssent date 18 November 2010\nCommenced 1 February 2011 (Gaz S6, 1 February 2011)\nRed Tape Reduction (Miscellaneous Amendments) Act 2016 (Act No. 12, 2016)\nAssent date 10 May 2016\nCommenced 1 July 2016 (Gaz G26, 29 June 2016, p 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 6 November 2019 (s 2)\nStatute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023)\nAssent date 21 September 2023\nCommenced 27 November 2023 (Gaz G24, 23 November 2023, p 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\nss 7 and 8 Auctioneers Ordinance 1955 (Act No. 10, 1955)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to: ss 2, 4, 6, 8, 8A – 8D,\n8G, 8H, 8K, 12 – 16.\n5 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: s 1.\n\nENDNOTES\nAuctioneers Act 1935 15\n6 LIST OF AMENDMENTS\nlt amd No. 29, 1981, s 2\ns 1 amd No. 29, 1981, s 2\ns 2 amd No. 29, 1981, s 2; No. 33, 2019, s 25\ns 3 amd No. 10, 1955, s 3; No. 29, 1981, s 2; No. 6, 1993, s 2; No. 12, 2016,\ns 10; No. 33, 2019, s 26\ns 3A ins No. 10, 1955, s 4\namd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 29, 1981, s 2\nsub No. 33, 2019, s 27\ns 3AB ins No. 6, 1993, s 2\nrep No. 33, 2019, s 27\ns 4 sub No. 10, 1955, s 5\namd No. 29, 1981, s 2; No. 38, 2010, s 3; No. 33, 2019, s 28\ns 5 sub No. 10, 1955, s 5\namd No. 37, 1974, s 10; No. 51, 1977, s 3; No. 54, 1978, s 3; No. 6, 1993,\ns 8; No. 70, 1993, s 8; No. 12, 2016, s 11; No. 33, 2019, s 29\ns 6 sub No. 10, 1955, s 5\namd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 6, 1993, s 8; No. 12, 2016,\ns 12; No. 33, 2019, s 30\ns 7 sub No. 10, 1955, s 5\namd No. 37, 1974, s 10; No. 51, 1977, s 3; No. 54, 1978, s 3; No. 33, 2019,\ns 31\ns 8 sub No. 10, 1955, s 5\namd No. 51, 1977, s 3, No. 54, 1978, s 3; No. 14, 1989, s 7\nsub No. 33, 2019, s 32; No. 24, 2023, s 31\ns 8A ins No. 10, 1955, s 5\namd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 14, 1989, s 7\nsub No. 33, 2019, s 32\ns 8B ins No. 10, 1955, s 5\namd No. 51, 1977, s 3; No. 54, 1978, s 3\nrep No. 33, 2019, s 32\ns 8C ins No. 10, 1955, s 5\namd No. 29, 1981, s 2\nrep No. 6, 1993, s 8\ns 8D ins No. 10, 1955, s 5\nsub No. 12, 2016, s 13\ns 8E ins No. 10, 1955, s 5\namd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 6, 1993, s 8; No. 33, 2019, s 33\ns 8F ins No. 10, 1955, s 5\namd No. 37, 1974, s 10; No. 51, 1977, s 3; No. 54, 1978, s 3; No. 33, 2019,\ns 34; No. 24, 2023, s 32\ns 8G ins No. 10, 1955, s 5\namd No. 29, 1981, s 2\nrep No. 6, 1993, s 8\ns 8H ins No. 10, 1955, s 5\ns 8HA ins No. 12, 2016, s 14\namd No. 33, 2019, s 35\nss 8HB – 8HC ins No. 33, 2019, s 36\ns 8J ins No. 10, 1955, s 5\namd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 29, 1981, s 2; No. 17, 1996, s 6\nsub No. 33, 2019, s 36\ns 8K ins No. 10, 1955, s 5\namd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 33, 2019, s 37\ns 9 sub No. 33, 2019, s 38\ns 10 amd No. 29, 1981, s 2\ns 11 rep No. 10, 1955, s 6\n\nENDNOTES\nAuctioneers Act 1935 16\ns 12 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 29, 1981, s 2; No. 38, 2010,\ns 3; No. 33, 2019, s 39\ns 13 amd No. 29, 1981, s 2; No. 38, 2010, s 3\ns 14 amd No. 10, 1961, s 2; No. 28, 1964, s 2; No. 29, 1981, s 2; No. 38, 2010,\ns 3; No. 33, 2019, s 40\ns 15 amd No. 29, 1981, s 2; No. 38, 2010, s 3; No. 33, 2019, s 41\ns 16 amd No. 10, 1961, s 3; No. 8, 1978, s 2; No. 29, 1981, s 2; No. 38, 2010, s 3\nrep No. 33, 2019, s 42\ns 17 amd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 29, 1981, s 2\ns 17A ins No. 68, 1983, s 104\ns 18 amd No. 29, 1981, s 2; No. 17, 1996, s 6\ns 18A ins No. 30, 2010, s 27\ns 19 amd No. 87, 1973, s 6; No. 95, 1978, s 14; No. 29, 1981, s 2\nsub No. 33, 2019, s 43\ns 20 ins No. 33, 2019, s 43\nsch ins No. 24, 2023, s 33","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as currently in force has expanded beyond the original 1935, narrow regulatory aim of simply controlling who calls auctions. Amendments introduced a broader administrative and disciplinary framework: a separate clerk's licence category (ss 8E–8H); structured disciplinary application and inquiry procedures with grounds and multiple applicants (ss 8HB–8J); tribunal review by NTCAT with mandatory compliance by the Board (ss 8, 8A, Schedule); delegation powers for Minister and Board (s 3A); regulatory offences classification (s 17A); and a shift of operational detail (fees and professional conduct rules) into regulations (s 19). These changes materially broaden the Act from a basic licensing statute into a modern regulatory regime with administrative enforcement, appeal rights and delegated rule-making."},"complexity_factors":["Multiple licence types and timing rules: auctioneer licences (1, 3 or 5 year options) vs clerk licences (tied to 30 June or employer's licence) (ss 5–6, 8D, 8H)","Several discretionary powers with conditional tests (grant/refuse, suspend pending inquiry, reject frivolous complaints) creating nested decision paths (ss 7, 8HB(7), 8HC)","Tribunal review and mandatory compliance with Tribunal orders (NTCAT review jurisdiction, s 8; Board must grant if ordered, s 8A) plus Schedule listing 5 reviewable decision types","Delegation powers allowing Minister and Board to delegate to the Agency CEO or public servants (s 3A) — adds administrative routing complexity","Cross-references to other legislation and offices (Agents Licensing Act definitions of Board and Registrar; NTCAT Act procedures) (s 3, note to s 8)","Regulations may prescribe fees and incorporate codes by reference (s 19(2)–(3)), shifting substantive detail out of the Act","Disciplinary framework with multiple applicants (Police, Registrar, any person), inquiry triggers, and several possible outcomes (reprimand, suspension/cancellation, fine) (ss 8HB–8J)","Notification and record-keeping obligations with short timeframes (14 days for change of circumstance, 3 days to return licence, 12 month retention) (ss 8HA, 12, 14)","Varied penalties across sections, including both regulatory offences and standard offences (ss 13–15, 17A)","Transitional and amendment history embedded in endnotes and list of amendments (endnotes and s 20) which reflect multiple historical changes that affect interpretation"],"plain_english_summary":"The law makes conducting auctions a licensed activity, creating auctioneer and clerk licences, suitability checks, record‑keeping and disclosure rules, and modest penalties for breaches. It gives the Agents Licensing Board power to grant, refuse, suspend or cancel licences and to hold disciplinary inquiries, with limited review by NTCAT. \n\nIt matters because it controls entry to auctioneering, shifts compliance costs to licence‑holders, and aims to protect buyers and market integrity through licensing and enforcement."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted in 1935 simply 'to regulate Sales by Auction,' the legislation has expanded significantly beyond basic licensing. It now includes a comprehensive disciplinary regime (sections 8HB-8J), review rights to NTCAT (Northern Territory Civil and Administrative Tribunal), specific consumer protection rules about misrepresentation and bidding, record-keeping obligations, and complex transitional provisions. The original scope was limited to licensing and basic conduct; it now functions as a full regulatory scheme with enforcement mechanisms, appeals, and professional standards."},"complexity_factors":["Moderate length (20 sections plus Schedule) but many sections are procedural","Cross-references to the Agents Licensing Act 1979 for definitions of 'Board' and 'Registrar'","Nested conditions in licensing requirements (section 7(2) and 8F(2)) requiring multiple criteria to be satisfied","Complex disciplinary framework with multiple pathways (sections 8HB-8J) including applications by different parties, inquiries, suspensions pending inquiry, and various penalties","Multiple exemption categories (section 10 and 17) creating exceptions to the licensing requirement","Historical layering visible in section numbering (8A, 8D, 8E, etc.) suggesting piecemeal amendments over time","Transitional provision (section 20) dealing with repealed fee provisions"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's law that regulates who can run auctions and how they must behave. It creates a licensing system for auctioneers and their assistants (called \"clerks\").\n\n**Who it affects:**\n\n*   **Auctioneers:** Anyone who wants to sell property by auction in the NT must hold a valid licence.\n*   **Clerks:** People employed by auctioneers to conduct sales also need a licence.\n*   **The Agents Licensing Board:** The body that decides who gets a licence, renews licences, and can punish licence holders for bad behaviour.\n*   **Buyers at auction:** The law protects them from dodgy practices.\n\n**Key rules:**\n\n*   **You need a licence:** It's illegal to act as an auctioneer or sell by auction without one (maximum penalty: 100 penalty units).\n*   **How to get one:** Apply to the Board, pay a fee, and prove you're over 18, of good character, and a \"fit and proper person\" (someone trustworthy enough to handle other people's property sales).\n*   **Licence periods:** Auctioneer licences last 1, 3, or 5 years. Clerk licences expire on 30 June each year or when their boss's licence ends.\n*   **No bankrupts:** If you're an undischarged bankrupt (still legally insolvent), you generally can't get a licence.\n*   **Disciplinary action:** The Board can fine, suspend, or cancel licences if auctioneers break the law or the rules of conduct.\n*   **Consumer protection:** Auctioneers can't lie about what they're selling (misrepresent quality or origin), and sellers can't secretly bid up their own items unless the auction conditions clearly allow it.\n*   **Record keeping:** Auctioneers must keep detailed records of all sales for at least 12 months and show them to police if asked.\n\n**Why it matters:**\n\nThis law ensures that people handling auctions are qualified and honest. It prevents scams like \"shill bidding\" (where the seller or their mates fake bids to drive up prices) and ensures there's a proper complaints process if things go wrong. It gives buyers confidence that the auctioneer is accountable to someone."}},"importantCases":[],"_links":{"self":"/api/acts/auctioneers-act-1935","history":"/api/acts/auctioneers-act-1935/history","analysis":"/api/acts/auctioneers-act-1935/analysis","conflicts":"/api/acts/auctioneers-act-1935/conflicts","importantCases":"/api/acts/auctioneers-act-1935/important-cases","documents":"/api/acts/auctioneers-act-1935/documents"}}