AUCTION SALES ACT 1973 - SECT 4

AUCTION SALES ACT 1973 - SECT 4

4 .         Terms used in this Act

                In this Act, unless the context otherwise requires, —

        auction , sale by auction , sell by way of auction and expressions of a similar character mean the selling of any property of any kind or description whatsoever by outcry, by what is known as dutch auction by knocking down of hammer, lot, parcel, or by any other mode whereby the highest, the lowest, or any bidder is the purchaser, or whereby the first person who claims the property submitted for sale at a certain price named by the person acting as auctioneer is the purchaser, or whereby there is a competition for the purchase of any property in any way commonly known and understood to be by way of auction;

        auctioneer means any person who sells or attempts to sell or offer for sale or resale any property whether the property of the auctioneer or of any other person by way of auction;

        cattle means bulls, bullocks, cows, heifers, steers, or calves;

        corporation means any body corporate, whether formed or incorporated in or outside the State, and includes a company, a foreign company or a registrable Australian body within the meaning of the Corporations Act 2001 of the Commonwealth;

        farm produce means skins, hides, tallow, cereals, grain, potatoes, onions and other vegetables, edible roots and tubers, tobacco, fruit, hay, chaff, dairy produce, live or dead poultry and game, and eggs, but does not include wool;

        firm means an unincorporated body of persons (whether consisting of individuals or of corporations or partly of individuals and partly of corporations) registered under the Business Names Registration Act 2011 (Commonwealth);

        horses means mares, fillies, foals, geldings or colts;

        livestock includes cattle, sheep, pigs, goats, and horses;

        mock auction has the meaning given to that term by section 25;

        money includes an instrument for the payment of money in any case where the instrument may be paid into a bank;

        money received for or on behalf of any person includes money held for or on behalf of any person, whether originally received for or on his behalf or not;

        person includes any firm or corporation;

        police district means an area established as a police district pursuant to the Police Act 1892 ;

        property includes any right or interest in any property;

        sale includes an agreement to sell;

        section means section of this Act;

        sheep means ewes, wethers, rams or lambs.

        [Section 4 amended: No. 10 of 1982 s. 28; No. 10 of 2001 s. 15; No. 6 of 2012 s. 37.]