New South Wales Consolidated Acts

PROPERTY, STOCK AND BUSINESS AGENTS ACT 2002 - SECT 69

69 Details to be established by proof of identity

(1) An agent must not enter a person’s name and address in a Bidders Record unless both the person’s name and their address details are established by the production to the agent of:

(a) one or more proofs of identity for the person, and

(b) in the case of the details of a person on whose behalf another person is to bid, a letter of authority to bid on the person’s behalf specifying the person’s name and address and the number or other identifier of one or more proofs of identity for that person.

Maximum penalty: 100 penalty units.

Note: Both name and address must be established by proof of identity but need not be established by the same proof of identity. For example, an Australian passport could be used to establish a person’s name and another proof of identity allowed by subsection (2) used to establish the person’s address.

(2) The only proof of identity that may be used for a person for the purposes of an entry in a Bidders Record is:

(a) a motor vehicle driver’s licence issued in Australia that displays a photograph of the person, or

(b) an Australian passport, or

(c) such other proof of identity as may be prescribed by the regulations.

(3) An agent must not enter the relevant details of a person in a Bidders Record if the agent knows or has reasonable cause to suspect that the details are false in a material particular.

Maximum penalty: 100 penalty units.