Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 30

Mock auctions

30. Mock auctions



(1) A person must not promote or conduct or assist in the promotion or conduct
of an auction-

   (a)  at which-

   (i)  a lot is sold or purported to be sold at a price lower than the
        highest bid for that lot; or

   (ii) part of the price for the sale or purported sale of a lot is repaid or
        credited to the person to whom the lot is sold or purported to be sold
        or is stated to be so repaid or credited; or

   (b)  at which the right to bid for any lot is restricted or is stated to be
        restricted to persons who have bought or who have agreed to buy other
        goods or services; or





   (c)  at which any goods or services are given away or offered as gifts.

Penalty: 600 penalty units, in the case of a natural person.
1200 penalty units, in the case of a body corporate.

(2) Subsection (1)(a) does not apply where the lower price, repayment or
credit is-

   (a)  because of a defect discovered after the highest bid has been made and
        it is a defect of which the person conducting the auction was unaware
        when the bid was made; or

   (b)  because of damage sustained after the bid has been made.

(3) For the purposes of subsection (1), anything done in or about the place
where an auction is held, if done in connection with the auction, is deemed to
be done at the auction, whether or not it is done at the time of the auction
or before or after the auction.

(4) Nothing in this section derogates from any right of action or other
remedy, whether civil or criminal, in proceedings instituted otherwise than
under this Act.