sec.133Restriction on recovery of reward or expense above amount allowed

### sec.133 Restriction on recovery of reward or expense above amount allowed A person is not entitled to sue for, or recover or keep, a reward for the performance of an activity as a chattel auctioneer that is more than the amount of the reward stated in the appointment given under section 125 . However, if the reward for the performance of the activity is limited under a regulation, the person is not entitled to sue for, or recover or keep, a reward more than the amount allowed under the regulation. A person is not entitled to sue for, or recover or keep, expenses for the performance of an activity as a chattel auctioneer that are more than the amount of the expenses stated in the appointment given to the person under section 125 and actually expended. However, if the amount of expenses that may be incurred for the performance of the activity is limited under a regulation, the person is not entitled to sue for, or recover or keep, an amount more than the amount allowed under the regulation. Subsection (2) does not prevent the person suing for, recovering or keeping, in addition to the amount allowed under a regulation for the reward, an amount for GST payable for a supply. A person who sues for, or recovers or keeps, a reward or expense for the performance of an activity as a chattel auctioneer other than as provided by this section commits an offence. Maximum penalty for subsection (6) —200 penalty units. In this section— actually expended , for expenses, means the amount actually expended after deducting— the amount of any benefit, received or receivable, directly or indirectly, in connection with the expenses by the person seeking to sue for, recover or keep the expenses; or if the benefit has no fixed amount—the market value of the benefit. (sec.133-ssec.1) A person is not entitled to sue for, or recover or keep, a reward for the performance of an activity as a chattel auctioneer that is more than the amount of the reward stated in the appointment given under section 125 . (sec.133-ssec.2) However, if the reward for the performance of the activity is limited under a regulation, the person is not entitled to sue for, or recover or keep, a reward more than the amount allowed under the regulation. (sec.133-ssec.3) A person is not entitled to sue for, or recover or keep, expenses for the performance of an activity as a chattel auctioneer that are more than the amount of the expenses stated in the appointment given to the person under section 125 and actually expended. (sec.133-ssec.4) However, if the amount of expenses that may be incurred for the performance of the activity is limited under a regulation, the person is not entitled to sue for, or recover or keep, an amount more than the amount allowed under the regulation. (sec.133-ssec.5) Subsection (2) does not prevent the person suing for, recovering or keeping, in addition to the amount allowed under a regulation for the reward, an amount for GST payable for a supply. (sec.133-ssec.6) A person who sues for, or recovers or keeps, a reward or expense for the performance of an activity as a chattel auctioneer other than as provided by this section commits an offence. Maximum penalty for subsection (6) —200 penalty units. (sec.133-ssec.7) In this section— actually expended , for expenses, means the amount actually expended after deducting— the amount of any benefit, received or receivable, directly or indirectly, in connection with the expenses by the person seeking to sue for, recover or keep the expenses; or if the benefit has no fixed amount—the market value of the benefit. - (a) the amount of any benefit, received or receivable, directly or indirectly, in connection with the expenses by the person seeking to sue for, recover or keep the expenses; or - (b) if the benefit has no fixed amount—the market value of the benefit.