Auctioneers Act 1926

No. 1, 1926

Compilation No. 1

Compilation date:                              13 August 2019

Includes amendments up to:             Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

AUCTIONEERS ACT 1926

TABLE OF PROVISIONS

         1.      Short title

         2.      Definitions

         3.      Auctioneers to be licensed

         4.      Notice of intention to apply for licence

         5.      Notice to be published by Clerk

         6.      Consideration of application

         7.      Adjournments

         8.      Hearing to be in open Court

         9.      Objections

       10.      Discretion of Court to grant or refuse applications

       11.      Certificate to approved applicant

       12.      Issue of licence

       13.      Certificate to be lodged within 6 weeks after issue

       14.      Name and address of licensed auctioneer to be notified to Administrator

       15.      Issue of licence to be published

       16.      Duration of licence

       17.      Approved fee for general licence

       18.      Temporary licence to clerk or deputy of licensed auctioneer

       19.      Persons to whom Act does not apply

                       Schedule

Auctioneers Act 1926

An Act relating to auctioneers.

Short title

      1.         This Act may be cited as the Auctioneers Act 1926.

Definitions

      2.         In this Act, unless the contrary intention appears —

“Clerk” means the Clerk of the Court of Petty Sessions;

“Court” means the Court of Petty Sessions;

“licence” means an auctioneer’s licence issued under this Act;

“sale by auction” has a meaning corresponding to “sell by auction”;

“sell by auction” means sell any property by outcry, knocking down of hammer, candle, lot, parcel, instrument, machine or any other mode whereby the highest or the lowest bidder is the purchaser, or whereby the first person who claims the property submitted for sale at a certain price named by the person acting as auctioneer is the purchaser, or whereby there is a competition for the purchase of any property in any way commonly known and understood to be by way of auction.

Auctioneers to be licensed

      3.         Subject to this Act, no person shall, in any part of the Territory, sell, or offer for sale, by auction, any property, unless he holds a licence under this Act.

Penalty:           Not less than 2 penalty units and not more than 6 penalty units.

Notice of intention to apply for licence

      4.         Any person who desires to obtain a licence may, on or before the second Tuesday in any month, give to the Clerk a notice, in accordance with Form A in the Schedule, of his intention to apply for the licence.

Notice to be published by Clerk

      5.         The Clerk shall cause a copy of a notice given under section 4 to be published in the Gazette at least 14 days before the day on which the Court will sit to hear the application to which it relates.

Consideration of application

      6.         The Court shall consider and determine the application at a sitting to be held on the first Tuesday of the month following the giving of the notice.

Adjournments

      7.         The Court, or, in the absence of the Court, the Clerk, may adjourn the consideration and determination of the application to such day as the Court or the Clerk, as the case may be, thinks fit, but so that no such adjournments shall exceed in the aggregate one month from the day first appointed for the consideration of the application.

Hearing to be in open Court

      8.         The hearing or adjourned hearing of the application shall be held in open Court.

Objections

      9.         (1)        At the hearing or adjourned hearing of the application any person may object to the granting of the application.

                  (2)        The Court shall inquire into any such objections and for that purpose may summon and examine on oath such witnesses as it thinks necessary.

Discretion of Court to grant or refuse applications

      10.       The Court shall either grant or refuse the application as in its discretion it deems fit and proper.

Certificate to approved applicant

      11.       Where the Court grants the application the Magistrate constituting the Court shall issue to the applicant a certificate, in accordance with Form B in the Schedule, authorising the issue of a licence to the applicant.

Issue of licence

      12.       Upon the person to whom a certificate is granted under section 11 lodging the certificate with the Clerk, the Clerk shall, upon payment of the approved fee, issue to that person, and register in his office, a licence in accordance with Form C in the Schedule.

Certificate to be lodged within 6 weeks after issue

      13.       If any person to whom a certificate is granted under section 11 fails to lodge the certificate and the approved fee for the licence with the Clerk within 6 weeks after the issue of the certificate, the certificate shall be null and void.

Name and address of licensed auctioneer to be notified to Administrator

      14.       The Clerk shall within 14 days after the issue of a licence forward to the Minister the name and address of the person to whom the licence has been issued.

Issue of licence to be published

      15.       The Minister shall cause to be published in the Gazette the name and address of the person to whom the licence has been issued.

Duration of licence

      16.       A licence shall be in force from the date of its issue until 1 January next.

Approved fee for general licence

      17.       The approved fee is payable for the issue of a general licence.

Temporary licence to clerk or deputy of licensed auctioneer

      18.       (1)        A Magistrate, on the written application of the holder of a licence and on payment of the approved fee, may, if he is satisfied that the holder of the licence is unable from illness or other good cause to act as auctioneer, grant to the holder of the licence a temporary licence to sell by auction by his clerk or deputy.

                  (2)        The clerk or deputy shall thereupon at the place and on the day specified in the temporary licence be authorised to act as an auctioneer on behalf of the holder of the licence.

                  (3)        A temporary licence shall be in accordance with Form D in the Schedule.

                  (5)        The holder of a licence shall not in any year be granted more than 6 temporary licences.

                  (6)        The holder of a licence shall be personally liable and responsible for all acts and defaults of any clerk or deputy acting on his behalf by virtue of a temporary licence in the same manner and to the same extent as he would be liable and responsible if he had done the act or made the default.

                  (7)        During any day on which the temporary licence is in force, the licence granted to the auctioneer shall be suspended.

Persons to whom Act does not apply

      19.       Notwithstanding anything contained in this Act, any officer of the Court may, without holding a licence, sell by auction any property taken by him in execution by virtue of process issued from the Court, and any officer of the Territory who is authorised or required by any law in force in the Territory to sell any property by auction, may do so without holding a licence.

SCHEDULE

                                                                         Form A                                                        Section 4

TERRITORY OF NORFOLK ISLAND

Auctioneers Act 1926

NOTICE OF APPLICATION FOR AUCTIONEER’S LICENCE

To the Clerk of the Court of Petty Sessions.

I,                       , of                         , hereby give notice that it is my intention to apply at the next sittings of the above‑named Court, to be held on the first Tuesday of next month, for an Auctioneer’s Licence.

Dated this                          day of                                 20   .

                                                                                                                       Signature of Applicant

                                                                         Form B                                                      Section 11

TERRITORY OF NORFOLK ISLAND

Auctioneers Act 1926

CERTIFICATE TO AUTHORISE THE ISSUE OF A LICENCE

At the sittings (or adjourned sittings) of the Court of Petty Sessions held at                        on the               day of                  20   , the said Court granted the application of                     of                        for                                , and I                                                 , the Magistrate constituting the said Court, hereby authorise the issue to the said                              of an Auctioneer’s Licence for the year ending 31 December 20       .

Dated this                          day of                                 20   .

        Signature of Magistrate

                                                                         Form C                                                      Section 12

TERRITORY OF NORFOLK ISLAND

Auctioneers Act 1926

AUCTIONEER’S LICENCE

A.B., of                                                      , is hereby licensed to act as an Auctioneer in the Territory of Norfolk Island.

This licence shall continue in force until 1 January next.

Dated this                          day of                                 20   .

                                                                                                                               Signature of Clerk

                                                                         Form D                                                      Section 18

TERRITORY OF NORFOLK ISLAND

Auctioneers Act 1926

AUCTIONEER’S TEMPORARY LICENCE

Whereas                               of                       , is the holder of an auctioneer’s licence, and is desirous of selling by auction by his clerk or deputy on the             day of                    next at                     :

Now therefore I do hereby certify that the said                   is  authorised to act as an auctioneer by his clerk or deputy on the said day of           next at          aforesaid.

                Signature of Magistrate

NOTES

The Auctioneers Act 1926 as shown in this consolidation comprises Act No. 1 of 1926 and amendments as indicated in the Tables below.

Table of Amendments