QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sec.126Content of appointment
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### sec.126 Content of appointment
A chattel auctioneer appointment must state—
the relevant service to be performed by the chattel auctioneer and how it is to be performed; and
for a single appointment—the day set for the auction; and
for a continuing appointment—the times when, circumstances in which, or occasions on which the relevant service is to be performed; and
the fees, charges and any commission payable for the relevant service; and
the expenses the chattel auctioneer is authorised to incur in connection with the performance of the relevant service; and
the source and the estimated amount or value of any rebate, discount, commission or benefit that the chattel auctioneer may receive for any expenses the chattel auctioneer is authorised to incur in connection with the performance of the relevant service; and
any conditions, limitations or restrictions on the performance of the relevant service; and
when the fees, charges and any commission for the relevant service become payable; and
that the appointment may be revoked by either party giving the other party at least 30 days written notice of the revocation, unless the parties agree, in writing, to an earlier day for the appointment to end.
If the relevant service includes the sale of goods for which the commission payable is expressed as a percentage of an estimated sale price, the appointment must state that the commission is worked out only on the actual sale price.
In this section—
expenses includes advertising, marketing and travelling expenses.
relevant service means—
for a single appointment—the services to be performed under the appointment; or
for a continuing appointment—each of the services or categories of services to be performed at stated times, in stated circumstances or on stated occasions while the appointment is in force.
(sec.126-ssec.1) A chattel auctioneer appointment must state— the relevant service to be performed by the chattel auctioneer and how it is to be performed; and for a single appointment—the day set for the auction; and for a continuing appointment—the times when, circumstances in which, or occasions on which the relevant service is to be performed; and the fees, charges and any commission payable for the relevant service; and the expenses the chattel auctioneer is authorised to incur in connection with the performance of the relevant service; and the source and the estimated amount or value of any rebate, discount, commission or benefit that the chattel auctioneer may receive for any expenses the chattel auctioneer is authorised to incur in connection with the performance of the relevant service; and any conditions, limitations or restrictions on the performance of the relevant service; and when the fees, charges and any commission for the relevant service become payable; and that the appointment may be revoked by either party giving the other party at least 30 days written notice of the revocation, unless the parties agree, in writing, to an earlier day for the appointment to end.
(sec.126-ssec.2) If the relevant service includes the sale of goods for which the commission payable is expressed as a percentage of an estimated sale price, the appointment must state that the commission is worked out only on the actual sale price.
(sec.126-ssec.3) In this section— expenses includes advertising, marketing and travelling expenses. relevant service means— for a single appointment—the services to be performed under the appointment; or for a continuing appointment—each of the services or categories of services to be performed at stated times, in stated circumstances or on stated occasions while the appointment is in force.
- (a) the relevant service to be performed by the chattel auctioneer and how it is to be performed; and
- (b) for a single appointment—the day set for the auction; and
- (c) for a continuing appointment—the times when, circumstances in which, or occasions on which the relevant service is to be performed; and
- (d) the fees, charges and any commission payable for the relevant service; and
- (e) the expenses the chattel auctioneer is authorised to incur in connection with the performance of the relevant service; and
- (f) the source and the estimated amount or value of any rebate, discount, commission or benefit that the chattel auctioneer may receive for any expenses the chattel auctioneer is authorised to incur in connection with the performance of the relevant service; and
- (g) any conditions, limitations or restrictions on the performance of the relevant service; and
- (h) when the fees, charges and any commission for the relevant service become payable; and
- (i) that the appointment may be revoked by either party giving the other party at least 30 days written notice of the revocation, unless the parties agree, in writing, to an earlier day for the appointment to end.
- (a) for a single appointment—the services to be performed under the appointment; or
- (b) for a continuing appointment—each of the services or categories of services to be performed at stated times, in stated circumstances or on stated occasions while the appointment is in force.