ESTATE AGENTS ACT 1980 - SECT 13B Auctioneers of real estate

ESTATE AGENTS ACT 1980 - SECT 13B

    (1)     A person must not conduct, or attempt to conduct, an auction for the sale of any real estate or business unless the person is a licensed estate agent or is employed as an agent's representative.

    (2)     Subsection (1) does not apply—

S. 13B(2)(a) substituted by No. 84/2001 s. 4.

        (a)     to the following—

              (i)     any person who sells by auction any Crown land or other Crown property under the authority of the Minister administering the Crown Land (Reserves) Act 1978 or the Minister administering the Planning and Environment Act 1987 or any other competent authority; or

              (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

              (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

              (v)     any sale made by or under any rule, order or decree of the Supreme Court; or

              (vi)     any sale made by or under the authority of any municipal council; or

        (b)     to a person who auctions or attempts to auction any real estate or business—

              (i)     that is wholly or partially owned by the person; or

              (ii)     gratuitously at the request of a person who wholly or partially owns the real estate or business; or

S. 13B(2)(c) substituted by No. 63/2010 s. 37.

        (c)     to a person who held an accredited auctioneer's certificate issued by the Authority before section 37 of the Consumer Affairs Legislation Amendment (Reform) Act 2010 came into operation.

S. 13B(3) repealed by No. 52/1998 s. 69.

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