67Bids by owner at public auction

67 Bids by owner at public auction

(1)  At a public auction of land –

(a) the owner of the land must not bid or cause a person to bid on the owner's behalf; and

(b) a person must not bid on behalf of the owner of the land; and

(c) the auctioneer conducting the auction must not accept a bid from a person who the auctioneer knows is bidding in contravention of paragraph (a) or (b) .

Penalty:  Fine not exceeding 500 penalty units.

(2)  A person must not procure another person to make a bid that is contrary to subsection (1)(b) .

Penalty:  Fine not exceeding 500 penalty units.

(3)  It is not a defence to a charge for an offence under subsection (1) to prove that the person making the bid was not in Tasmania at the time the bid was made.

(4)  For the purposes of subsection (1)(b) , a bid may be found to have been made on behalf of an owner even though it was not made at the request of, or with the knowledge of, the owner.

(5)  Evidence that a person who made a bid at a public auction had the intention of benefiting the owner in making the bid is evidence that the person made the bid on behalf of the owner.

(6)  It is a defence to a charge for an offence under subsection (1) to prove –

(a) that the land that was auctioned was owned by more than one person; and

(b) that one or more of those persons was attempting, in good faith, to acquire a greater interest in the land; and

(c) that the auctioneer had been advised of the situation by or on behalf of that person before the start of the auction.