59Auctioneering to be carried on by general auctioneer or real estate agent

59 Auctioneering to be carried on by general auctioneer or real estate agent

(1)  A person must not carry on all or any part of general auctioneering business or hold himself or herself out as prepared to do so unless the person is a general auctioneer named in Part 3(1) of the Register or a real estate agent named in Part 1(1) of the Register.

Penalty:  Fine not exceeding 1 000 penalty units.

(2)  A person must not conduct a public auction of land unless that person is a real estate agent named in Part 1(1) of the Register or a person employed or otherwise contracted by such a real estate agent and the auction is conducted as part of the real estate agency business of the agent.

Penalty:  Fine not exceeding 50 penalty units.

(3)  Despite subsections (1) and (2) –

(a) a public auction authorised by an Act may be conducted by a person authorised to do so by that Act; and

(b) a public auction under a writ or process issued by or out of a court may be conducted by a person authorised to do so by the court; and

(c) a public auction, the gross proceeds of which are to be used for a charitable purpose, may be conducted by a person who is not an auctioneer or agent mentioned in subsection (1) .

(4)  This Part applies to a public auction referred to in subsection (3) and a reference to an auctioneer is taken to include a reference to a person conducting an auction in accordance with that subsection.