QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sec.147Announcements before auction
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### sec.147 Announcements before auction
A chattel auctioneer must announce, immediately before the auction of any unwarranted vehicle, that the vehicle does not have a statutory warranty.
Maximum penalty—100 penalty units.
A chattel auctioneer does not contravene subsection (1) if—
2 or more vehicles that do not have a statutory warranty are to be auctioned in consecutive lots; and
immediately before the first vehicle is to be auctioned, the chattel auctioneer identifies the vehicles and announces that the identified vehicles do not have a statutory warranty.
Lots 10 to 25 are vehicles that do not have a statutory warranty. The chattel auctioneer does not contravene subsection (1) if, immediately before the auction of lot 10, the chattel auctioneer announces lots 10 to 25 are vehicles that do not have a statutory warranty.
Also, a chattel auctioneer must announce, immediately before the auction of any restorable vehicle that—
the vehicle is a restorable vehicle because it is more than 20 years old and is for sale for restoration; and
it is a condition of the sale of a restorable vehicle that if the vehicle is sold, the registered bidder to whom it is sold is taken to waive the statutory warranty for the vehicle when the contract for its purchase is entered into; and
the chattel auctioneer will not accept bids from a person who is not a registered bidder.
Maximum penalty—100 penalty units.
A chattel auctioneer does not contravene subsection (3) if—
2 or more restorable vehicles are to be auctioned in consecutive lots; and
immediately before the first of the vehicles in the consecutive lots is to be auctioned, the chattel auctioneer—
identifies the vehicles; and
for the identified vehicles, announces the matters mentioned in subsection (3) (a) , (b) and (c) .
s 147 amd 2019 No. 12 s 13
(sec.147-ssec.1) A chattel auctioneer must announce, immediately before the auction of any unwarranted vehicle, that the vehicle does not have a statutory warranty. Maximum penalty—100 penalty units.
(sec.147-ssec.2) A chattel auctioneer does not contravene subsection (1) if— 2 or more vehicles that do not have a statutory warranty are to be auctioned in consecutive lots; and immediately before the first vehicle is to be auctioned, the chattel auctioneer identifies the vehicles and announces that the identified vehicles do not have a statutory warranty. Lots 10 to 25 are vehicles that do not have a statutory warranty. The chattel auctioneer does not contravene subsection (1) if, immediately before the auction of lot 10, the chattel auctioneer announces lots 10 to 25 are vehicles that do not have a statutory warranty.
(sec.147-ssec.3) Also, a chattel auctioneer must announce, immediately before the auction of any restorable vehicle that— the vehicle is a restorable vehicle because it is more than 20 years old and is for sale for restoration; and it is a condition of the sale of a restorable vehicle that if the vehicle is sold, the registered bidder to whom it is sold is taken to waive the statutory warranty for the vehicle when the contract for its purchase is entered into; and the chattel auctioneer will not accept bids from a person who is not a registered bidder. Maximum penalty—100 penalty units.
(sec.147-ssec.4) A chattel auctioneer does not contravene subsection (3) if— 2 or more restorable vehicles are to be auctioned in consecutive lots; and immediately before the first of the vehicles in the consecutive lots is to be auctioned, the chattel auctioneer— identifies the vehicles; and for the identified vehicles, announces the matters mentioned in subsection (3) (a) , (b) and (c) .
- (a) 2 or more vehicles that do not have a statutory warranty are to be auctioned in consecutive lots; and
- (b) immediately before the first vehicle is to be auctioned, the chattel auctioneer identifies the vehicles and announces that the identified vehicles do not have a statutory warranty. Example— Lots 10 to 25 are vehicles that do not have a statutory warranty. The chattel auctioneer does not contravene subsection (1) if, immediately before the auction of lot 10, the chattel auctioneer announces lots 10 to 25 are vehicles that do not have a statutory warranty.
- (a) the vehicle is a restorable vehicle because it is more than 20 years old and is for sale for restoration; and
- (b) it is a condition of the sale of a restorable vehicle that if the vehicle is sold, the registered bidder to whom it is sold is taken to waive the statutory warranty for the vehicle when the contract for its purchase is entered into; and
- (c) the chattel auctioneer will not accept bids from a person who is not a registered bidder.
- (a) 2 or more restorable vehicles are to be auctioned in consecutive lots; and
- (b) immediately before the first of the vehicles in the consecutive lots is to be auctioned, the chattel auctioneer— (i) identifies the vehicles; and (ii) for the identified vehicles, announces the matters mentioned in subsection (3) (a) , (b) and (c) .
- (i) identifies the vehicles; and
- (ii) for the identified vehicles, announces the matters mentioned in subsection (3) (a) , (b) and (c) .
- (i) identifies the vehicles; and
- (ii) for the identified vehicles, announces the matters mentioned in subsection (3) (a) , (b) and (c) .