80Appointment of general auctioneer to be in writing

80 Appointment of general auctioneer to be in writing

(1)  Except by leave of a court, a general auctioneer named in Part 3(1) of the Register is not entitled to sue for, recover or retain any valuable consideration for services, provided to a person by the auctioneer in the capacity of a general auctioneer, unless the auctioneer has a valid written appointment to act for the person in that capacity that is signed by the person or by another person authorised to sign on the person's behalf.

(2)  An appointment is not valid for the purposes of subsection (1) unless it is contained in a document that –

(a) generally sets out the services to be rendered by the general auctioneer; and

(b) if specific property is the subject of those services, clearly identifies the property; and

(c) clearly indicates how any valuable consideration the general auctioneer may receive is to be calculated; and

(d) clearly indicates the nature and extent of the expenses the general auctioneer may incur on behalf of the client, and how those expenses are to be recouped.

(3)  An appointment by a person of a general auctioneer named in Part 3(1) of the Register is not a valid appointment of the auctioneer for the purposes of subsection (1) unless the person obtaining the signature to the appointment gives a copy of it to the signatory as soon as practicable after it is signed.

(4)  The onus of proof that subsection (3) was complied with is on the person who obtained the signature.

(5)  A general auctioneer must not –

(a) demand any valuable consideration in contravention of subsection (1) ; or

(b) demand any valuable consideration from a purchaser of any real property at a public auction conducted by the auctioneer.

Penalty:  Fine not exceeding 500 penalty units.

(6)  Any valuable consideration received by a general auctioneer in contravention of subsection (1) or (5) is recoverable as a debt by the person from whom the general auctioneer received it.