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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Property Agents and Motor
Dealers (Auctioneering
Practice) Amendment
Bill 2004
Queensland
Property Agents and Motor Dealers
(Auctioneering Practice) Amendment
Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Property Agents and Motor Dealers Act 2000
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new chs 11A and 11B . . . . . . . . . . . . . . . . . . . . . . . . 4
Chapter 11A Auctions of residential property or rural land
373A Restrictions on bidding by or on behalf of seller or
auctioneer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
373B Bidders record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
373C Bids may only be taken from registered bidders . . . . 6
373D Details for bidders record to be established by proof
of identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
373E Confidentiality of bidders record . . . . . . . . . . . . . . . . . 8
Chapter 11B General provisions about auctions of land
373F Collusive practices at auction sales of land . . . . . . . . 8
373G False entry in auction record . . . . . . . . . . . . . . . . . . . 10
373H Successful bidder at auction to supply information,
and auctioneer to give notice that information must
be supplied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Insertion of new s 602A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
602A Amendment of regulation by Property Agents and
Motor Dealers (Auctioneering Practice) Amendment
Act 2004 does not affect powers of Governor in
Council ............................... 12
2
Property Agents and Motor Dealers (Auctioneering
Practice) Amendment Bill 2004
Part 3 Amendment of Property Agents and Motor Dealers
(Auctioneering Practice Code of Conduct) Regulation 2001
6 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2A Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8 Insertion of note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 Omission of sch, s 32 (Registration of bidders) . . . . . . . . . . . . . . 13
2004
A Bill
for
An Act to amend the Property Agents and Motor Dealers
Act 2000, and for other purposes
s1 4 s4
Property Agents and Motor Dealers (Auctioneering
Practice) Amendment Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Property Agents and Motor 4
Dealers (Auctioneering Practice) Amendment Act 2004. 5
Clause 2 Commencement 6
This Act commences on 1 July 2005. 7
Part 2 Amendment of Property Agents 8
and Motor Dealers Act 2000 9
Clause 3 Act amended in pt 2 10
This part amends the Property Agents and Motor Dealers 11
Act 2000. 12
Clause 4 Insertion of new chs 11A and 11B 13
After section 373-- 14
insert-- 15
`Chapter 11A Auctions of residential property 16
or rural land 17
`373A Restrictions on bidding by or on behalf of seller or 18
auctioneer 19
`(1) A sale by auction of residential property or rural land must be 20
notified in the terms of sale to be subject to the right by the 21
s4 5 s4
Property Agents and Motor Dealers (Auctioneering
Practice) Amendment Bill 2004
seller or by any person on behalf of the seller or auctioneer to 1
make 1 bid, and only 1 bid. 2
`(2) At a sale by auction of residential property or rural land-- 3
(a) the seller or any person on behalf of the seller or 4
auctioneer must not bid unless the right to bid has been 5
notified in the terms of sale; and 6
(b) the seller or any person on behalf of the seller or 7
auctioneer must not make more than 1 bid, and must not 8
make any bid if any of them has already bid; and 9
(c) the auctioneer must not take from the seller or any 10
person on behalf of the seller or auctioneer any bid 11
knowing that the bid contravenes paragraph (a) or (b); 12
and 13
(d) when the auctioneer takes a bid from the seller or any 14
person on behalf of the seller or auctioneer, the 15
auctioneer must, as soon as the bid is taken, clearly state 16
that the bid is a bid by the seller or a person on behalf of 17
the seller or auctioneer. 18
Maximum penalty for subsection (2)--200 penalty units. 19
`373B Bidders record 20
`(1) Before residential property or rural land is offered for sale by 21
auction, a record (the bidders record) must be made of the 22
persons who are entitled to bid at the auction. 23
`(2) The auctioneer appointed for the sale must make the bidders 24
record unless a real estate agent, or pastoral house, appointed 25
for the sale or acting on the auctioneer's behalf has made the 26
bidders record. 27
Maximum penalty--200 penalty units. 28
`(3) The following information about each person who is entitled 29
to bid at the auction must be entered in the bidders record-- 30
(a) the relevant details of the person; 31
(b) the identifying number allocated to the person for the 32
purpose of identifying the person at the auction; 33
s4 6 s4
Property Agents and Motor Dealers (Auctioneering
Practice) Amendment Bill 2004
(c) any other information prescribed under a regulation. 1
`(4) The relevant details of the person are-- 2
(a) the person's name and address and the number or other 3
identifier of proof of identity for the person produced 4
under section 373D; and 5
(b) if a person is bidding on behalf of another person, the 6
name and address of the other person and the number or 7
other identifier of proof of identity for the other person 8
produced under section 373D. 9
`(5) An auctioneer, real estate agent or pastoral house that makes a 10
bidders record must-- 11
(a) keep the bidders record for at least 3 years; and 12
(b) keep all the bidders records made by the auctioneer, real 13
estate agent or pastoral house together, in the form of a 14
register of bidders records. 15
Maximum penalty--100 penalty units. 16
`(6) A regulation may be made about-- 17
(a) conferring an entitlement on a seller of residential 18
property or rural land to inspect the bidders record for 19
the sale; and 20
(b) the way a bidders record is to be made or kept. 21
`373C Bids may only be taken from registered bidders 22
`(1) The auctioneer at a sale by auction of residential property or 23
rural land must not take a bid from a person unless-- 24
(a) the relevant details of the person have been entered, 25
before the bid is taken, in the bidders record for the 26
auction under section 373B; and 27
(b) the person is identified at the auction by the person 28
displaying an identifying number allocated to the person 29
for the purposes of the auction and recorded in the 30
bidders record as the identifying number allocated to the 31
person; and 32
s4 7 s4
Property Agents and Motor Dealers (Auctioneering
Practice) Amendment Bill 2004
(c) the auctioneer is in possession of the bidders record 1
when the bid is taken. 2
Maximum penalty--100 penalty units. 3
`(2) An auctioneer who refuses to take a bid from a person because 4
of subsection (1) does not incur any liability as a result of the 5
refusal. 6
`(3) The taking of a bid in contravention of subsection (1) does not 7
affect the validity of the bid, or its taking or acceptance, and 8
the bid, and its taking or acceptance, are as valid as if 9
subsection (1) had not been enacted. 10
`373D Details for bidders record to be established by proof 11
of identity 12
`(1) An auctioneer, real estate agent or pastoral house must not 13
enter a person's name and address in a bidders record unless 14
the person's name and address are established by the 15
production to the auctioneer, real estate agent or pastoral 16
house of-- 17
(a) proof of identity for the person; and 18
(b) if a person is bidding on behalf of another person, a 19
letter of authority to bid on the person's behalf 20
specifying the person's name and address and the 21
number or other identifier of proof of identity for the 22
person. 23
Maximum penalty--100 penalty units. 24
`(2) The only proof of identity that may be used for a person for 25
the purposes of an entry in a bidders record is-- 26
(a) a motor vehicle driver's licence issued in Australia that 27
displays a photograph of the person; or 28
(b) an Australian passport; or 29
(c) any other proof of identity prescribed under a 30
regulation. 31
`(3) An auctioneer, real estate agent or pastoral house must not 32
enter the relevant details, as defined in section 373B(4), of a 33
person in a bidders record if the auctioneer, real estate agent 34
s4 8 s4
Property Agents and Motor Dealers (Auctioneering
Practice) Amendment Bill 2004
or pastoral house knows or has reasonable cause to suspect 1
that the details are false in a material particular. 2
Maximum penalty--100 penalty units. 3
`373E Confidentiality of bidders record 4
`(1) An auctioneer, real estate agent or pastoral house that makes a 5
bidders record, and any auctioneer to whom the contents of a 6
bidders record are disclosed under this part, must not-- 7
(a) disclose any information that the bidders record 8
contains, other than as authorised or required by this 9
Act; or 10
(b) use the bidders record or the information that it contains 11
for any purpose not authorised by this Act. 12
Maximum penalty--100 penalty units. 13
`(2) This section does not prevent the disclosure of information to 14
an inspector under a requirement imposed under this Act. 15
`Chapter 11B General provisions about 16
auctions of land 17
`373F Collusive practices at auction sales of land 18
`(1) A person must not, in relation to the sale by auction of land, 19
by a collusive practice induce or attempt to induce any other 20
person-- 21
(a) to abstain from bidding generally; or 22
(b) to abstain from bidding for any particular lot; or 23
(c) to bid to a limited extent only; or 24
(d) to do anything else that might in any way prevent or tend 25
to prevent free and open competition. 26
Maximum penalty--200 penalty units. 27
s4 9 s4
Property Agents and Motor Dealers (Auctioneering
Practice) Amendment Bill 2004
`(2) A person must not as a result of a collusive practice, at a sale 1
by auction of any residential property or rural land-- 2
(a) abstain or agree to abstain from bidding generally; or 3
(b) abstain or agree to abstain from bidding for any 4
particular lot; or 5
(c) bid or agree to bid to a limited extent only; or 6
(d) do or agree to do anything else that might in any way 7
prevent or tend to prevent free and open competition. 8
Maximum penalty--200 penalty units. 9
`(3) An auctioneer must not sell land by auction unless a notice 10
complying with subsections (4) and (5) is given by the 11
auctioneer before the auction. 12
Maximum penalty--20 penalty units. 13
`(4) The notice must be in the following form with the notice 14
heading in a bold style-- 15
Penalty for collusive practices 16
It is an offence against the Property Agents and Motor 17
Dealers Act 2000 for a person to do any of the following as a 18
result of a collusive practice, or to induce or attempt to induce 19
another person by a collusive practice to do any of the 20
following-- 21
(a) to abstain from bidding, or 22
(b) to bid to a limited extent only, or 23
(c) to do anything else that might prevent free and open 24
competition. 25
Severe penalties may be imposed on persons convicted of 26
collusive practices. 27
`(5) The notice must-- 28
(a) be clearly and legibly written;1 and 29
1 Under the Acts Interpretation Act 1954, section 36, "writing" includes any mode of
representing or reproducing words in a visible form.
s4 10 s4
Property Agents and Motor Dealers (Auctioneering
Practice) Amendment Bill 2004
(b) before and during the auction, be in a conspicuous 1
position so as to be clearly visible to, and available for 2
inspection by, anyone attending the auction. 3
`(6) In this section-- 4
collusive practice means a promise, express or implied, made 5
by a person that if the person is the successful bidder at 6
auction for land-- 7
(a) the person will give the person to whom the promise is 8
made the right to elect to take over as purchaser through 9
the auctioneer all or any of the land at the auction price; 10
or 11
(b) the ownership of all or any of the land will be decided 12
by tossing or the drawing of lots or any other method. 13
`373G False entry in auction record 14
`(1) An auctioneer or an employee of an auctioneer must not 15
knowingly enter, in any record kept or required to be kept by 16
the auctioneer, as the purchaser of land sold by auction any 17
name other than the name of the actual successful bidder for 18
the land. 19
Maximum penalty for a first offence-- 20
(a) for an individual--20 penalty units; or 21
(b) for a corporation--50 penalty units. 22
Maximum penalty for a second or subsequent offence-- 23
(a) for an individual--50 penalty units; or 24
(b) for a corporation--100 penalty units. 25
`(2) An auctioneer who employs a person who enters, in a record 26
required to be kept by the auctioneer, as the purchaser of land 27
sold by auction any name other than the name of the actual 28
successful bidder for the land commits an offence. 29
Maximum penalty for a first offence-- 30
(a) for an individual--20 penalty units; or 31
(b) for a corporation--50 penalty units. 32
s4 11 s4
Property Agents and Motor Dealers (Auctioneering
Practice) Amendment Bill 2004
Maximum penalty for a second or subsequent offence-- 1
(a) for an individual--50 penalty units; or 2
(b) for a corporation--100 penalty units. 3
`(3) However, subsection (2) applies only if the auctioneer knew 4
that a name other than the name of the actual successful 5
bidder was entered. 6
`(4) Subsection (5) applies if the actual successful bidder at a sale 7
by auction of land, as soon as practicable after the auctioneer 8
conducting the sale has indicated the actual successful bidder, 9
but not later than the day of the sale, informs the auctioneer-- 10
(a) that the bidder bid on behalf of another person; and 11
(b) of the name of the other person. 12
`(5) The auctioneer or employee does not commit an offence 13
against this section because of the name of the other person 14
being entered in a record as purchaser of the land. 15
`373H Successful bidder at auction to supply information, 16
and auctioneer to give notice that information must 17
be supplied 18
`(1) The actual successful bidder at a sale by auction of land must, 19
as soon as practicable after the auctioneer conducting the sale 20
has indicated the actual successful bidder, but not later than 21
the day of the sale, give the auctioneer or an employee of the 22
auctioneer-- 23
(a) the bidder's name, if the bidder bid on his or her own 24
behalf; or 25
(b) the name of the person on whose behalf the bidder bid, 26
if the bidder bid on behalf of another person. 27
Maximum penalty--20 penalty units. 28
`(2) An auctioneer must not sell land by auction unless a notice 29
complying with subsections (3) and (4) is given by the 30
auctioneer before the auction. 31
Maximum penalty--20 penalty units. 32
s5 12 s5
Property Agents and Motor Dealers (Auctioneering
Practice) Amendment Bill 2004
`(3) The notice must be in the following form with the notice 1
heading in a bold style-- 2
Successful bidders 3
The actual successful bidder at an auction sale must give to 4
the auctioneer or an employee of the auctioneer-- 5
(a) the bidder's name, or 6
(b) the name of the person on whose behalf the successful 7
bid was made. 8
`(4) The notice must-- 9
(a) be clearly and legibly written; and 10
(b) before and during the auction, be in a conspicuous 11
position so as to be clearly visible to, and available for 12
inspection by, anyone attending the auction.'. 13
Clause 5 Insertion of new s 602A 14
Chapter 18, after section 602-- 15
insert-- 16
`602A Amendment of regulation by Property Agents and 17
Motor Dealers (Auctioneering Practice) Amendment 18
Act 2004 does not affect powers of Governor in 19
Council 20
`The amendment of the Property Agents and Motor Dealers 21
(Auctioneering Practice Code of Conduct) Regulation 2001 22
by the Property Agents and Motor Dealers (Auctioneering 23
Practice) Amendment Act 2004 does not affect the power of 24
the Governor in Council to further amend the regulation or to 25
repeal it.'. 26
s6 13 s9
Property Agents and Motor Dealers (Auctioneering
Practice) Amendment Bill 2004
Part 3 Amendment of Property Agents 1
and Motor Dealers 2
(Auctioneering Practice Code 3
of Conduct) Regulation 2001 4
Clause 6 Act amended in pt 3 5
This part amends the Property Agents and Motor Dealers 6
(Auctioneering Practice Code of Conduct) Regulation 2001. 7
Clause 7 Insertion of new s 2A 8
After section 2-- 9
insert-- 10
`2A Notes 11
`A note in the text of this regulation is part of the regulation.' 12
Clause 8 Insertion of note 13
Schedule, before section 1-- 14
insert-- 15
`Note-- 16
17
Chapters 11A (Auctions of residential property or rural land)
18
and 11B (General provisions about auctions of land) of the Act contain
19
further provisions about the conduct of auctioneers, and other provisions
20
about auctions.'.
Clause 9 Omission of sch, s 32 (Registration of bidders) 21
Schedule, section 32-- 22
omit. 23
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