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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Auction Sales (Repeal) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Repeal of Auction Sales Act 1958 2
4. Amendment to Estate Agents Act 1980 2
5. Amendment to Forests Act 1958 3
6. Amendment to Instruments Act 1958 3
7. New section 144 inserted in Livestock Disease Control Act
1994 3
144. Saving of records of cattle sales kept under Auction
Sales Act 1958 3
8. Amendment to Meat Industry Act 1993 4
9. Amendment to Motor Car Traders Act 1986 4
10. Amendment to Murray Valley Citrus Marketing Act 1989 5
11. Amendment to Police Regulation Act 1958 5
12. Amendment to Second-Hand Dealers and Pawnbrokers Act
1989 5
13. Amendment to Summary Offences Act 1966 6
14. Amendment to Transfer of Land Act 1958 6
ENDNOTES 7
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541170B.I1-6/4/2001 BILL LA CIRCULATION 6/4/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 4 April 2001
A BILL
to repeal the Auction Sales Act 1958 and for other purposes.
Auction Sales (Repeal) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to repeal the
Auction Sales Act 1958.
2. Commencement
5 This Act comes into operation on 1 January 2002.
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Auction Sales (Repeal) Act 2001
s. 3
Act No.
3. Repeal of Auction Sales Act 1958 See:
Act No.
The Auction Sales Act 1958 is repealed. 6202/1958.
Reprint No. 3
as at
12 February
1998
and
amending
Act Nos
46/1998 and
74/2000.
See:
4. Amendment to Estate Agents Act 1980 Act No.
9428/1980.
In section 13B(2) of the Estate Agents Act 1980, Reprint No. 7
5 for paragraph (a) substitute-- as at
13 January
"(a) to the following-- 2000
and
amending
(i) any person who sells by auction any Act Nos
Crown land or other Crown property 35/2000 and
74/2000.
under the authority of the Minister
10 administering the Crown Land
(Reserves) Act 1978 or the Minister
administering the Planning and
Environment Act 1987 or any other
competent authority; or
15 (ii) any sale of property specially ordered
by the Governor in Council; or
(iii) any sale ordered by the sheriff by virtue
of any writ or process issued out of any
court; or
20 (iv) any sale made by any person acting in
obedience to any process issued by any
court for the recovery of any fine,
penalty, or award or to any other order
of a court; or
25 (v) any sale made by or under any rule,
order or decree of the Supreme Court;
or
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Auction Sales (Repeal) Act 2001
s. 5
Act No.
(vi) any sale made by or under the authority
of any municipal council; or".
See: 5. Amendment to Forests Act 1958
Act No.
6254/1958.
In section 78 of the Forests Act 1958, for sub-
Reprint No. 7
5 section (5) substitute--
as at
18 February
"(5) Every authorised officer may in the
1999
and
performance of his or her duties--
amending
Act Nos
(a) sell by auction any forest produce; and
53/1999,
66/2000,
(b) for the purposes of section 53 of this
69/2000 and
10 74/2000. Act submit licences or permits referred
to in that section to public auction.".
See: 6. Amendment to Instruments Act 1958
Act No.
6279/1958.
In section 74 of the Instruments Act 1958, for "a
Reprint No. 9
licensed auctioneer" substitute "an auctioneer".
as at
19 February
1998
and
amending
Act No.
52/1998.
See:
15 7. New section 144 inserted in Livestock Disease Control
Act No.
Act 1994
115/1994.
Reprint No. 3
After section 143 of the Livestock Disease
as at
13 January
Control Act 1994 insert--
2000
and
"144. Saving of records of cattle sales kept under
amending
20 Auction Sales Act 1958
Act Nos
6/2000,
(1) This section applies to a person who--
37/2000,
74/2000 and
79/2000. (a) was a licensed auctioneer immediately
before 1 January 2002; and
(b) is a person to whom section 94A(1) or
25 (2) applies.
(2) Subject to any regulations made for the
purposes of section 94A or this section, a
person to whom this section applies who
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Auction Sales (Repeal) Act 2001
s. 8
Act No.
kept a registry or book of cattle sales under
section 35 of the Auction Sales Act 1958
immediately before its repeal must keep that
registry or book available for inspection
5 under this Act and for that purpose section
94A applies as if that registry or book were a
record required to be kept under that
section."
See:
8. Amendment to Meat Industry Act 1993 Act No.
40/1993.
10 In section 5 of the Meat Industry Act 1993, sub- Reprint No. 2
section (7) is repealed. as at
1 January
1999.
See:
9. Amendment to Motor Car Traders Act 1986 Act No.
104/1986.
(1) In section 3(1) of the Motor Car Traders Act Reprint No. 4
1986, the definition of "licensed auctioneer" is as at
1 September
15 repealed. 1999
and
(2) In section 42A of the Motor Car Traders Act amending
1986, for sub-section (3) substitute-- Act No.
35/2000.
"(3) This section does not apply to a motor car
that is sold by auction at a public auction by
20 a person acting on behalf of the owner of the
car.".
(3) In section 54 of the Motor Car Traders Act
1986, for sub-section (7) substitute--
"(7) This section does not apply to a motor car
25 that is sold by auction at a public auction by
a person acting on behalf of the owner of the
car.".
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Auction Sales (Repeal) Act 2001
s. 10
Act No.
10. Amendment to Murray Valley Citrus Marketing Act
See:
1989
Act No.
63/1989.
Reprint No. 1 In section 33 of the Murray Valley Citrus
as at
Marketing Act 1989, sub-section (4) is repealed.
26 September
1996
and
amending
Act Nos
93/1997,
46/1998,
76/1998,
53/1999 and
74/2000.
See:
5 11. Amendment to Police Regulation Act 1958
Act No.
6338/1958.
In section 122 of the Police Regulation Act 1958,
Reprint No. 8
sub-section (9) is repealed.
as at
15 October
1998
and
amending
Act Nos
30/1999,
61/1999 and
95/2000.
See: 12. Amendment to Second-Hand Dealers and
Act No.
Pawnbrokers Act 1989
54/1989.
Reprint No. 4
10 (1) In section 3(1) of the Second-Hand Dealers and
as at
10 February
Pawnbrokers Act 1989, insert the following
2000
definition--
and
amending
"auctioneer" means any person--
Act No.
35/2000.
(a) who sells or attempts to sell or offer for
15 sale or resale any goods by way of
auction; or
(b) who acquires any goods for sale by
auction.
(2) In section 4 of the Second-Hand Dealers and
20 Pawnbrokers Act 1989, for paragraph (a)
substitute--
"(a) an auctioneer acting in his or her capacity as
auctioneer; or
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Auction Sales (Repeal) Act 2001
s. 13
Act No.
(aa) any goods acquired by an auctioneer for the
purpose of auction for so long as they are in
his or her possession in his or her capacity as
auctioneer; or".
See:
5 13. Amendment to Summary Offences Act 1966 Act No.
7405/1966.
In section 29 of the Summary Offences Act Reprint No. 7
1966, for sub-section (5) substitute-- as at
6 August 1998
"(5) In this section "vendor" includes the and
amending
auctioneer or other agent of the vendor.". Act Nos
44/1999, and
74/2000.
See:
10 14. Amendment to Transfer of Land Act 1958 Act No.
6399/1958.
In section 79(2)(c) of the Transfer of Land Act Reprint No. 13
1958, omit "by a licensed auctioneer". as at
26 August
1999
and
amending
Act No.
74/2000.
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Auction Sales (Repeal) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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