Sale of Land (Public Auctions) Regulations 2024

The Regulations are organised around a small number of concepts that determine how an auction must be conducted and what participants must be told.

• Auction rule‑sets and co‑ownership configurations (reg 5; Schedules 1-4). The Regulations define four mutually exclusive rule frameworks: (1) the general rules (Schedule 1), and three special rules for auctions where one co‑owner intends to bid (Schedule 2), some but not all co‑owners intend to bid (Schedule 3), or all co‑owners intend to bid (Schedule 4). The auctioneer must apply the appropriate schedule depending on number of vendors and their intentions (reg 5(1)-(4)).
• Vendor bids and who may make them (Schedule 1, Schedule 2-4, Schedule 5). The instrument distinguishes between vendor bids made by the auctioneer on behalf of a vendor and bids made by a co‑owner who intends to buy the property from co‑owners. The first rule in Schedule 1 is a binary choice: either vendor bids are prohibited or the auctioneer may make vendor bids (Schedule 1, rule 1, and the instruction that one alternative be deleted). Where co‑owners intend to bid to purchase the property, their bids must be made personally or via a representative, not through the auctioneer (Schedules 2-4, rule 1).
• Disclosure and timing (reg 6; Schedule 5). The auctioneer must ensure that the applicable rules, Schedule 5 explanatory information, and any additional conditions are available for inspection for a reasonable time and in any event at least 30 minutes before auction start (reg 6(1)-(5), Schedule 5). The auctioneer must indicate which alternative in Schedule 1 applies when that schedule is used (reg 6(2)).
• Format and legibility standards (reg 6(6)). All printed or typed rules used for public inspection must be legible and set in at least 20 point font with clear contrast.
• Pre‑bid oral announcements and content requirements (reg 7). Before accepting any bid, the auctioneer must audibly state that the auction will be conducted according to the rules and additional conditions; that auctioneers cannot accept bids after knockdown except in the specified exception; that the auctioneer must indicate bidders on request; and that the law prohibits false bids, major disruptions, attempts to prevent others from bidding and provides fines for that conduct (reg 7(1)). Additional mandatory statements are required when auctioneer vendor bids are allowed (reg 7(2)-(3)) or where particular co‑owner bidding configurations apply (reg 7(4)-(6)).
• Bidder identification on request (reg 8). If a person asks the auctioneer to indicate who made a bid, the auctioneer must indicate that person before taking another bid.
• Enforcement via penalties expressed as penalty units (reg 6 penalties 5 units; reg 7 and 8 penalties 10 units). The Explanatory Details set the monetary value used to convert penalty units into dollars for the relevant financial years (Endnotes, Explanatory details).

The instrument’s core mechanisms are disclosure, mandatory verbal scripting, and real‑time identification of bidders. Those mechanisms interact with vendor choice (whether to permit auctioneer vendor bids), co‑owner behaviour, and auctioneer discretion within the remaining procedural rules (for example, refusal of bids, determining increments, withdrawing property, referring bids to vendor, and the rescue remedy for disputes , Schedules 1-4, rules 2-7).

Primary parties and their statutory obligations under the Regulations are:

• Auctioneers: The Regulations impose detailed pre‑auction and in‑auction duties on auctioneers. Duties include making specified documents and schedules available for inspection not less than 30 minutes before the auction (reg 6(1)-(5)); ensuring typeface/format standards (reg 6(6)); audibly reciting prescribed announcements before accepting any bid (reg 7(1)-(6)); and indicating, on request, who made any bid before taking another bid (reg 8). Failure to comply carries monetary penalties in penalty units (reg 6(1)-(6), reg 7, reg 8). Auctioneers are also the actors permitted, or prohibited, from making vendor bids depending on the chosen rule set (Schedule 1 and Schedules 2-4).
• Vendors and co‑owners: Vendors decide key auction settings that affect the applicable rule‑set, in particular whether vendor bids are allowed (Schedule 1, rule 1; reg 6(2) requires clarity where Schedule 1 applies). In co‑ownership situations the Regulations recognise three distinct configurations (one co‑owner bidding, some co‑owners bidding, all co‑owners bidding) and allocate who may bid for whom (Schedules 2-4, rule 1). Vendors who intend to bid can bid personally or through a representative, but not through the auctioneer where they are co‑owners intending to purchase from their co‑owner(s) (Schedules 2-4; Schedule 5).
• Bidders and auction attendees: People attending auctions gain new, enforceable rights to inspect the applicable written rules and related information before the auction and to request the auctioneer to indicate who made a bid during the auction (reg 6; reg 8; Schedule 5). The Schedule 5 explanatory booklet lists forbidden activities and informs attendees that the cooling‑off period does not apply to auction purchases.
• Representatives and agents: Representatives are explicitly accommodated as permitted channels for co‑owner bidders (Schedules 2-4, rule 1). The Regulations also restrict deputation of vendor bids: auctioneer vendor bids are only permissible where the chosen rule allows and only for vendors not themselves bidding to buy the property (Schedules 1-4; Schedule 5).
• Sellers’ legal advisers and conveyancers: These advisers are affected in that additional contract terms or pre‑auction conditions must not conflict with the applicable schedule rules, and the auctioneer must display any other conditions at the auction (reg 6(1)(c)-(5)(c); Schedule 5).
• Regulators and prosecutors: The instrument creates offences with penalties measured in penalty units (reg 6, reg 7, reg 8). The text does not name a specific enforcement agency or provide a civil private right of action. Enforcement will therefore proceed under general regulatory and prosecutorial arrangements that apply to statutory offences in Victoria; the Regulations reference the Sentencing Act 1991 and Monetary Units Act 2004 for penalty‑unit mechanics (Endnotes).

Who pays and who decides. Auctioneers incur the immediate compliance costs: printing and display, staff training, use of scripts, and obligations to identify bidders on request. Vendors may face indirect costs or changes in outcome because the rules restrict or make explicit vendor bid options and affect what must be displayed and announced. Bidders pay through changed informational symmetry: they get explicit disclosures and the right to ask who bid, but may experience deterrence if co‑owner bidding is disclosed.

The Regulations do not create new property rights; they regulate auction procedure and information flows affecting market participants’ behaviour and expectations at the point of sale.

This section itemises statutory duties imposed by the Regulations and the rights created for auction participants. Citations refer to the Regulations and Schedules.

Duties on auctioneers

• Display duties: Make available for public inspection the applicable rules (Schedule 1, 2, 3, or 4), Schedule 5 information, and any other auction conditions for a reasonable period and in any case not less than 30 minutes before the auction starts (reg 6(1)-(5)). If Schedule 1 applies, the auctioneer must ensure it is clear which alternative to rule 1 applies (reg 6(2)). Format duties include printed or typed presentation in plain text, at least 20 point font, easily legible, and high contrast (reg 6(6)). Failure to comply attracts 5 penalty units per contravention (reg 6).
• Pre‑bid announcements: Before accepting any bid, the auctioneer must audibly state that the auction will be conducted according to the displayed rules and any additional conditions, that accepting bids after knockdown is prohibited subject to the specified exception, that the auctioneer must indicate bidders on request, and that the law prohibits false bids, major disruptions, preventing others from bidding, and provides for fines (reg 7(1)). Where vendor bids are permitted under the applied rules, or where certain co‑owner configurations exist, bespoke announcements are also required (reg 7(2)-(6)). Failure to make the required audible statements carries 10 penalty units (reg 7).
• Indicating bidders: When asked by a person at the auction to indicate who made a bid, the auctioneer must indicate the bidder before taking another bid (reg 8). Failure is 10 penalty units.
• Operational discretion retained: Schedules 1-4 preserve the auctioneer’s operational powers, including to refuse any bid, determine increments, withdraw the property from sale, refer bids to the vendor, and resolve disputes by re‑submit or re‑start the bidding (Schedules 1-4, rules 2-6). The auctioneer must not accept bids made after knockdown except in the specific scenario where vendor or successful bidder refuses to sign the contract after the auction (Schedules 1-4, rule 7).

Rights and protections for bidders and attendees

• Pre‑auction inspection right: Persons at the auction have a right to inspect the applicable rules, the Schedule 5 information and other stated conditions at least 30 minutes before auction start (reg 6(1)-(5); Schedule 5).
• Questioning: Schedule 5 expressly states that a person may ask the auctioneer, in good faith, a reasonable number of questions about the property, the contract, the rules and the conduct of the auction. The Regulations do not set a quantifiable limit, but describe the questions as reasonable and asked in good faith (Schedule 5).
• Bidder identification: Attendees may require the auctioneer to indicate who made any bid and the auctioneer must comply before accepting another bid (reg 8; Schedule 5).
• Protection from certain conduct: Schedule 5 lists forbidden activities , false bids, acknowledging a bid that was not made, persons asking others to bid on behalf of a vendor (with limited exceptions), falsely claiming to have bid, and harassing or interfering with bidders , and notes substantial penalties apply.

Vendor rights and constraints

• Choice about vendor bids: Vendors retain the ability to choose whether the auctioneer may make vendor bids or not, but that choice must be made explicit in the first rule of Schedule 1 (Schedule 1, rule 1; reg 6(2)). Where co‑owners intend to bid to buy each other out, the Regulations restrict how vendor bids may be made (Schedules 2-4; Schedule 5).
• Reserve negotiation: If a reserve price is set and property is passed in below that reserve, the vendor will negotiate first with the highest bidder (Schedules 1-4, rule 8). That rule formalises post‑auction negotiation priority for the vendor.

Procedural default and dispute handling

• Dispute resolution at auction: The auctioneer may resolve bids disputes by re‑submitting at the last undisputed bid or restarting bidding (Schedules 1-4, rule 6).
• Acceptance after knockdown: The auctioneer cannot accept bids after a property has been knocked down to a successful bidder unless the vendor or successful bidder refuses to sign the contract of sale following the auction (Schedules 1-4, rule 7).

Sanctions architecture

• Penalty units: Regulatory breaches carry penalties measured in penalty units , typically five or ten penalty units depending on the contravention (reg 6(1)-(6) 5 units; reg 7 and reg 8 10 units). The Explanatory Details set the conversion values for 2023-24 and 2024-25 financial years and indicate rounding rules (Endnotes, Explanatory details).

These duties and rights restructure information flows, introduce a right to real‑time identification of bidders, and constrain some vendor strategies (for example, vendor bids by co‑owners through the auctioneer are restricted). Operational discretion for auctioneers remains significant but now sits within specified disclosure, announcement and identification duties.

The Regulations create criminal offences (or statutory contraventions) with penalties expressed as penalty units; the Regulations refer to the Sentencing Act 1991 and Monetary Units Act 2004 in their Explanatory Details for conversion into dollar amounts (Endnotes, Explanatory details).

Penalty structure

• Breaches of the information and display duties under reg 6 (for example failing to make the applicable schedule and Schedule 5 information available for inspection at least 30 minutes before the auction, failing to make it clear which alternative to rule 1 in Schedule 1 applies, or failing to meet formatting requirements) carry penalties of 5 penalty units (reg 6(1)-(6)).
• Failure to make the prescribed oral announcements in reg 7 before accepting any bid carries 10 penalty units (reg 7).
• Failure to indicate who made a bid upon request before taking another bid carries 10 penalty units (reg 8).

Monetary equivalents and mechanics

• The Explanatory Details provide monetary values per penalty unit for the financial years: 2023-24 value $192.31; 2024-25 value $197.59. Those figures are set under the Monetary Units Act 2004 mechanics and published as required (Endnotes, Explanatory details). Using the 2024-25 figure stated in the Explanatory Details, a 5‑unit penalty would be $987.95 and a 10‑unit penalty $1,975.90, before any rounding the Regulations allow (Endnotes, Explanatory details). The Regulations themselves only specify penalty units; the conversion follows the Sentencing Act and Monetary Units Act procedures.
• The Explanatory Details also state penalty amounts may be rounded to the nearest dollar and the value of a penalty unit for future years is fixed by the Treasurer (Endnotes, Explanatory details).

Enforcement process and prosecutorial actors

• The Regulations create the offences and penalty regime but do not name a specific enforcement agency, civil remedy or private right of action. The text therefore leaves the institutional enforcement chain to existing Victorian prosecutorial and regulatory arrangements for statutory offences and contraventions. The Schedule 5 notes “substantial penalties” apply to forbidden activities but does not identify the enforcement body or procedural path.
• Because the Regulations are subordinate legislation made under the Sale of Land Act 1962 (reg 2), enforcement is likely to follow the same administrative and statutory enforcement frameworks used for Sale of Land Act offences; however the Regulations do not themselves specify whether infringements are prosecuted by a particular regulator or whether they attract on‑the‑spot fines, civil penalties, or prosecution in court. The source document is silent on prosecutorial discretion or enforcement resourcing.

Practical enforcement considerations

• Evidential burden in prosecutions: The duties that are oral (audible statements) and real‑time (indication of bidder on request) will create fact questions about whether announcements were audible, clear, and actually made; whether printed material was made available for a reasonable time and at least 30 minutes prior; and whether the auctioneer complied with the font and legibility requirements. Proof of non‑compliance will likely require contemporaneous records or witness evidence.
• Remedies for affected private parties: The Regulations do not create a specified private remedy for an aggrieved bidder who suffers loss from a contravention. The Schedule 5 information explains the legal prohibitions on false bids and disruptive conduct and sets out that fines apply, but it does not give private contractual remedies or statutory civil actions.
• Aggregation and repeated breaches: The Regulations impose per‑contravention penalties. The absence of express maximum cumulative penalties or specified enforcement mechanisms in the Regulations means that repeated or systemic breaches would be pursued under the same penalty unit mechanics unless other statutes or regulatory instruments supply additional sanctions.

In short, the Regulations prescribe criminal penalties in penalty units for clearly enumerated operational failures by auctioneers and prohibited behaviours by persons at auctions. The conversion to dollar amounts is governed by the Monetary Units Act and Sentencing Act mechanics stated in the Explanatory Details. The Regulations are silent on the specific enforcement agency or the procedural path for taking enforcement action.

The Regulations are made under s 48 of the Sale of Land Act 1962 and operate as subordinate legislation; several explicit cross‑references to other Acts appear in the Regulations and Endnotes. The source provides the following interactions.

Authorising and complementary legislation

• Sale of Land Act 1962: The Regulations are made under the Sale of Land Act 1962 (reg 2). Several provisions in the Regulations are expressly stated to be additional to obligations under the Sale of Land Act: reg 6(1), 6(3), 6(4) and 6(5) each contain a Note that the respective disclosure obligations are in addition to the requirements set out in section 43 of the Sale of Land Act 1962. The Schedule 5 summary also explicitly situates these rules as summarising law found in the Sale of Land Act and the Regulations (Schedule 5).
• Sentencing Act 1991 and Monetary Units Act 2004: Penalties are framed in penalty units; the Endnotes explain that the penalty value follows section 110 of the Sentencing Act 1991 and is converted to dollars under section 7 of the Monetary Units Act 2004, with stated values for the 2023-24 and 2024-25 financial years (Endnotes, Explanatory details). The Endnotes indicate rounding rules and that future penalty unit values are set by the Treasurer under the Monetary Units Act (Endnotes, Explanatory details).
• Subordinate Legislation Act 1994: The Endnotes state the Regulations will sunset ten years after making in accordance with s 5 of the Subordinate Legislation Act 1994 (Endnotes, para 1).

Interpretation and statutory drafting machinery

• Interpretation of Legislation Act 1984: The Endnotes contain guidance on how headings, notes and other drafting features are to be treated as part of the statutory rule from 1 January 2001, reflecting the ILA’s effect (Endnotes, para 1 General information). This affects how Schedule headings and notes may be interpreted as forming part of the legislative instrument.

Points of operational interaction and legal consequence

• Cooling‑off period and Sale of Land Act provisions: Schedule 5 states unequivocally that the cooling‑off period does not apply to properties purchased at public auction, including purchases at the auction or within three clear business days before or after the auction. The statement situates this as an exception to any general cooling‑off regimes contained in the Sale of Land Act, but the Regulations do not reproduce the Sale of Land Act provisions; they instead provide a summary statement (Schedule 5). Practitioners should therefore consult the Sale of Land Act for the underlying cooling‑off provisions but the Schedule 5 text signals that auction purchases are excluded.
• Contract terms and additional conditions: The Regulations require the auctioneer to display “any other conditions applying to the auction” (reg 6(1)(c)-(5)(c)). Schedule 5 clarifies that additional conditions are allowed only if they do not conflict with the applicable rules or other legal requirements and that they are commonly found in the contract of sale (Schedule 5). This cross‑references contract law and the Sale of Land Act’s requirements governing contents of the contract of sale (the Regulations themselves do not restate those Sale of Land Act detailed provisions).
• Existing statutory prohibitions on bidding misconduct: The Regulations do not create dramatically new prohibitions on false bids and disruptive conduct; rather they restate such prohibitions and make explicit auctioneer obligations to advise attendees that those behaviours are unlawful (reg 7(1)(d), Schedule 5). Enforcement and penal consequences will therefore involve the pre‑existing criminal or statutory regimes referenced by the Sale of Land Act and general criminal and civil law principles; the Regulations use the Sale of Land Act as their legal base but do not exhaustively set out the other statutes that overlap.
• Procedural overlap with auction industry norms: Many of the operational powers retained in Schedules 1-4 (refusing bids, setting increments, withdrawing property, re‑submission on dispute) are long existing auction conventions. The Regulations now place the conventions in subordinate legislation and overlay them with disclosure and announcement duties; where industry practice differs, the legislative requirement governs.

The Regulations thus operate as procedural and disclosure rules sitting under the Sale of Land Act; they rely on penalty unit mechanics in the Sentencing and Monetary Units Acts and exist alongside broader statutory frameworks (including the Sale of Land Act’s cooling‑off and contract provisions). The Regulations are careful to state where their requirements are additional to section 43 of the Sale of Land Act; they do not displace the Sale of Land Act’s broader substantive requirements but they specify how auctions must be conducted in practice.

The source provides a concise amendment history: as made on 18 June 2024 and commenced on 23 June 2024, these are Version No. 001 of the Sale of Land (Public Auctions) Regulations 2024 (Endnotes, General information). Key points supplied in the instrument:

• Revocation of prior instrument: The Regulations expressly revoke the Sale of Land (Public Auctions) Regulations 2014 (reg 4). That indicates the 2024 Regulations supersede the 2014 instrument.
• No subsequent amendments at time of making: The Endnotes’ Table of Amendments records that no statutory rules, subordinate instruments or Acts have amended the Regulations since their making (Endnotes, Table of Amendments).
• Sunset provision: The Endnotes state the Regulations will sunset ten years after the day of making, on 18 June 2034, pursuant to section 5 of the Subordinate Legislation Act 1994 (Endnotes, General information).
• Style and interpretation notes: The Endnotes include references to the Interpretation of Legislation Act 1984 and the consequences of its amendments for textual treatment of headings, notes and punctuation; those are drafting and interpretive matters rather than substantive amendments, but they are included in the instrument’s endnotes (Endnotes, General information).

Operationally this is a replacement instrument rather than an amendment of the 2014 Regulations. The text instructs that the first rule of Schedule 1 contains two alternative subrules, one of which must be deleted for the particular auction, which is an operational choice rather than an amendment to the Regulations themselves (Schedule 1, note). The Endnotes record the penalty unit values for immediate financial years (2023-24 and 2024-25) for practical enforcement and give the legal basis for penalty value updates in future years (Endnotes, Explanatory details).

The instrument therefore has a short amendment history at present: it revokes and replaces the 2014 Regulations, no amendments have been made to the 2024 Regulations since they were made, and they are subject to a statutory sunset in 2034. Any future changes would be recorded through the normal statutory rule‑making and amendment processes.

The provided source names no judicial decisions or administrative determinations involving the Sale of Land (Public Auctions) Regulations 2024. The Endnotes’ Table of Amendments confirms there have been no amendments and the instrument is Version No. 001 as at 23 June 2024 (Endnotes, Table of Amendments; General information). Therefore, as at the date in the instrument, there is no litigation history recorded in the text.

Practical implications of the lack of litigation history

• No precedential guidance on ambiguous provisions: Because the Regulations are new and no decisions are recorded in the source, there is no judicial construction of ambiguous phrases such as “reasonable time” for pre‑auction inspection, the scope of the auctioneer’s obligation to “indicate” who made a bid, or the evidential standards for proving a failure to make the required audible announcement.
• Enforcement practice untested: The absence of recorded enforcement actions in the source means there is no statutory or regulatory guidance in the instrument about which public authority will pursue breaches, whether infringements will be handled by administrative fines, summonses to court, or other mechanisms, or how discretion will be exercised in practice. That will be determined by enforcement actors applying the applicable criminal and administrative frameworks.
• Interpretive reliance on schedules and notes: Practitioners will need to rely on the text of the Schedules and the explanatory Schedule 5 for interpretive guidance in the absence of authorities. The Endnotes indicate that headings, notes and examples form part of the statutory instrument under Interpretation of Legislation Act 1984 rules, so Schedule 5’s explanatory text may be admissible as part of the instrument’s text in any future litigation (Endnotes, Interpretation).
• Anticipation of early test cases: Areas likely to prompt litigation (or at least enforcement actions and appeals) include disputes over whether an auctioneer complied with the audible statement requirements (reg 7), whether the printed rules were available for a reasonable period and in the required font/format (reg 6), whether the auctioneer properly indicated who made a bid when requested (reg 8), and whether vendor bids were properly disclosed and made in accordance with the chosen rule set (Schedule 1; Schedules 2-4).

Until the first reported court or tribunal decisions interpreting these Regulations appear, practitioners will need to manage legal risk through conservative compliance measures and thorough contemporaneous record keeping to create evidence that the regulatory obligations were met.

The Regulations appear straightforward, but several operational and legal pitfalls arise directly from the text. Each “gotcha” below is grounded in the specific provisions of the instrument.

1. Choice in Schedule 1 is mandatory and must be clear (Schedule 1, rule 1; reg 6(2))

• Gotcha: Schedule 1 is drafted with two alternatives for rule 1: either vendor bids are prohibited, or the auctioneer may make vendor bids. The instrument instructs that one of these alternatives must be deleted when the rule applies. reg 6(2) separately requires the auctioneer to ensure it is clear which of the two alternatives applies at the auction. Failure to make that choice visible is a 5‑unit offence. Practically, auctioneers must not display both alternatives; they must display the chosen text only.

2. The 30‑minute minimum and “reasonable time” standard (reg 6(1)-(5))

• Gotcha: The Regulations require the applicable rules, Schedule 5, and any other auction conditions to be available for public inspection for a “reasonable time” before the auction and in any case not less than 30 minutes before start. What is “reasonable” beyond the minimum is undefined. Parties who only make material available exactly 30 minutes before start risk challenges that the “reasonable time” requirement was not met, especially for remote or online viewers.

3. Format rigidity , 20 point font and legibility (reg 6(6))

• Gotcha: Display format is prescriptive: plain text, at least 20 point, easily legible, and high contrast. Small printouts, cramped display boards or certain digital displays (for example mobile pages not formatted for legibility) may fail. The rule applies to printed or typed rules “made available at the auction,” which suggests physical display but does not preclude electronic display; absence of guidance raises compliance risk for livestreamed or hybrid auctions.

4. Audible announcement obligations , proof and timing (reg 7)

• Gotcha: Auctioneers must make a set of specified audible statements before accepting any bid. Proving compliance requires contemporaneous audio records or multiple witnesses. A stray failure to state the required wording (for example, failing to say “the auctioneer must indicate bidders on request”) could attract a 10‑unit penalty. Auctioneers running multiple lots must ensure the statements are made for each lot where they must apply.

5. Co‑owner bidding rules and auctioneer vendor bids (Schedules 2-4; Schedule 5)

• Gotcha: If a co‑owner intends to bid to buy the property, that co‑owner’s bids cannot be made through the auctioneer; they must be made personally or via a representative (Schedules 2-4). Where one or more co‑owners intend to bid, the auctioneer can only bid for the vendor who is not bidding to purchase. In all vendors bidding scenarios (Schedule 4), the auctioneer cannot make vendor bids. Auctioneers and vendors must therefore clarify co‑owner intentions well before the auction and ensure the displayed rules reflect those intentions; failure is a regulatory risk.

6. “After knockdown” exception (Schedules 1-4, rule 7)

• Gotcha: The auctioneer must not accept bids after the property has been knocked down to the successful bidder, unless the vendor or successful bidder refuses to sign the contract of sale following the auction. This is narrow: auctioneers cannot accept late bids simply to re‑open the auction. The exception is limited to contract signing refusal scenarios; failure to comply exposes the auctioneer to sanctions.

7. Right to ask “who made the bid” (reg 8; Schedule 5)

• Gotcha: Attendees have an enforceable right to ask the auctioneer to indicate who made a bid and the auctioneer must indicate the bidder before taking another bid. In busy auctions where bids are signalled by gesture or nod, properly identifying individual bidders may be practically difficult. Auctioneers must have procedures to identify bidders quickly and publicly when asked; failure is a 10‑unit offence.

8. Cooling‑off rule wording (Schedule 5)

• Gotcha: Schedule 5 states that the cooling‑off period does not apply to auction purchases, including purchases within three clear business days before or after the auction. Practitioners relying on cooling‑off protection for clients who sign contracts in that window should reconsider; the Schedule signals that auction purchases have no statutory cooling‑off protection. This interacts with Sale of Land Act provisions and must be checked against the Act.

9. No named enforcement agency or private remedy in the Regulations

• Gotcha: The Regulations impose offences and penalties but do not identify the enforcement body or create a private civil cause of action. A party who is harmed by a breach (for example, a bidder who lost through a concealed vendor bid) will not find an express statutory private remedy in the Regulations; they must rely on general statutory enforcement or civil remedies under contract or tort, which the Regulations do not explicate.

10. Publication medium ambiguity

• Gotcha: The Regulations require availability for inspection but do not specify whether this may be satisfied by online publication, physical posting at the auction site, or both. For auctions with online streaming or electronic bidding, reliance solely on a website might be deemed insufficient by a court or regulator if the in‑person requirement is interpreted restrictively. Auctioneers should ensure both on‑site and accessible online availability to reduce legal risk.

Each of those “gotchas” flows directly from language in the Regulations and Schedules. Addressing them requires concrete procedural controls, clear written choices for Schedule 1, record keeping, and an operational approach that treats the Regulations as mandatory, not advisory.

This is a practical compliance checklist engineered from the Regulations’ text and Schedules. Citation to the specific provisions is provided for each task. The checklist is ordered roughly by chronology (before the auction, at the auction start, during the auction, post‑auction).

Pre‑auction preparation

1. Determine the applicable schedule and make a definitive choice about vendor bids:

   • Ascertain whether there are co‑owners and whether any intend to bid to purchase (reg 5(1)-(4); Schedules 1-4).
   • If Schedule 1 will be used, decide and document whether the first rule will permit or prohibit auctioneer vendor bids. Delete the unused alternative and ensure the chosen alternative is the one that will be displayed (Schedule 1, rule 1; reg 6(2)).
   • Document co‑owner intentions in writing and retain signed confirmations where possible, so that the choice of schedule and rule 1 alternative is demonstrably made and disclosed.

2. Prepare and print the required materials:

   • Prepare the applicable schedule text and Schedule 5 explanatory information, and assemble “any other conditions applying to the auction” (reg 6(1)-(5); Schedule 5).
   • Format the displayed rules in plain text, at least 20 point font, easily legible, and with clear contrast (reg 6(6)). Test physical and digital displays to ensure legibility under auction conditions and for remote viewers if livestreaming.

3. Timing and availability:

   • Make the documents available for public inspection for a reasonable time before the auction and in any case not less than 30 minutes before the start (reg 6(1)-(5)). Best practice: publish online at least 24-48 hours in advance and have printed copies on site at least 30 minutes before commencement to reduce “reasonable time” challenges.

4. Draft and rehearse oral statements and scripts:

   • Prepare a script that covers each of the elements required by reg 7(1): the auction is conducted in accordance with displayed rules and additional conditions; auctioneers cannot accept bids after knockdown except in the limited exception; the auctioneer must indicate bidders on request; and that law prohibits false bids, major disruptions and preventing others from bidding.
   • If auctioneer vendor bids are permitted under the chosen schedule, prepare and script the words that the auctioneer will use to indicate during the auction that they are making a vendor bid; the auctioneer must state these words before accepting any bid (reg 7(2)(a); Schedule 5 indicates “vendor bid” is the usual phrase).
   • If the applicable schedule involves co‑owner bidding (Schedules 2-4), ensure the script includes required disclosures about which vendors intend to bid and who may make vendor bids (reg 7(4)-(6)).

Operational procedures at the auction

5. Display compliance:

   • Ensure printed or typed copies of the applicable schedule and Schedule 5 are placed where attendees can inspect them and that they comply with the 20 point font and legibility rules (reg 6(6)). Have spare copies to hand out and a staff member assigned to manage inspection access.

6. Make required oral announcements before accepting any bids:

   • Deliver the prepared script audibly to the assembled audience and, where feasible, record the announcement (audio or audiovisual) for evidentiary purposes (reg 7(1)-(6)). For multi‑lot auctions, make the announcements for each lot as required.

7. Bidder identification protocol:

   • Establish a clear procedure for identifying bidders on request: e.g. require bidders to register on entry, assign numbered bidder cards, record bidder numbers against bid times in a formal log, and have the auctioneer publicly state the bidder number or name when requested (reg 8; Schedule 5). If representatives bid, record their identity and authority in the bidder register.

8. Manage vendor bids correctly:

   • If auctioneer vendor bids are permitted, the auctioneer must only make such bids in the manner stated in the opening announcement and must state when making the bid that it is a vendor bid (reg 7(2); Schedule 5). Auctioneers must not accept vendor bids that are actually made by others, and must not acknowledge bids that did not occur (Schedule 5).
   • Where co‑owners intend to bid to buy the property, ensure their bids are made personally or by their authorised representative, not through the auctioneer (Schedules 2-4; Schedule 5).

9. Retained powers and dispute handling:

   • Apply the preserved auctioneer powers consistently: refusing bids, setting increments, withdrawing property, referring bids to vendor, re‑submitting in case of dispute (Schedules 1-4, rules 2-6). Have a clear dispute log and contemporaneous recording when re‑submission or restart occurs.

Post‑auction steps

10. Contract signature and knockdown exception:

• If a successful bidder or vendor refuses to sign the contract after knockdown, the auctioneer may accept another bid under the defined exception (Schedules 1-4, rule 7). Document any refusal and the steps taken to re‑engage the market or the highest bidder.

11. Retain records and evidence:

• Keep bidder registers, audio/video recordings of announcements and the auction, copies of the displayed schedules and conditions, and any written confirmations from co‑owners about their bidding intentions. Such records are critical for defending enforcement actions or responding to bidder complaints.

Risk mitigation and best practice

12. Double availability: online and on‑site

• Because the Regulations require availability for “public inspection” but do not specify the medium, make documents available both on the auctioneer’s website (with timestamped publication) and physically at the venue at least 30 minutes before start (reg 6(1)-(5)). This reduces the risk of “reasonable time” disputes.

13. Train staff and produce checklists

• Train all auction staff and representatives in the Regulations’ requirements. Use a per‑lot checklist covering schedule selection, display, font checks, pre‑bid announcement delivery, bidder registration, and recording obligations.

14. Legal review of additional conditions

• If the vendor wishes to add auction conditions, have legal advisers review them to ensure they do not conflict with the chosen schedule rules or other legal requirements (Schedule 5).

15. Penalty awareness and financial provisioning

• Be aware of penalty unit values and ensure an internal compliance culture avoids breaches that could incur fines. The Explanatory Details show the 2024-25 penalty unit value ($197.59) and the conversion mechanics (Endnotes, Explanatory details). Configure internal controls to prevent announcement and disclosure failures that would trigger 5 or 10 penalty unit penalties (reg 6; reg 7; reg 8).

Operational checklist summary (minimum items)

• Confirm applicable schedule and delete unused Schedule 1 alternative (if relevant).
• Publish and physically display the applicable schedule, Schedule 5, and any additional conditions at least 30 minutes before start.
• Format displayed materials to 20 point font, plain text, high contrast, legible.
• Script and record required pre‑bid announcements for each lot.
• Maintain a bidder register and procedure to indicate who made a bid on request.
• Document co‑owner intentions and representatives’ authority.
• Record auctions (audio/video) and retain records for enforcement defence.

Following these steps will align on‑the‑ground practice with the Regulations’ written requirements and create contemporaneous evidence to demonstrate compliance if enforcement or litigation arises.