Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 13B

Auctioneers of real estate

13B. Auctioneers of real estate



(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-

   (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

   (c)  to a person who-

   (i)  held an auctioneer's licence under the Auction Sales Act 1958 during
        the 12 months immediately before section 8 of the Estate Agents
        (Amendment) Act 1994 came into operation; and

   (ii) holds an accredited auctioneer's certificate issued by the Authority
        stating that the Authority is satisfied that he or she is competent to
        conduct an auction for the sale of any real estate or business.

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