Sales of cattle, sheep, pigs or goats
30 Sales of cattle, sheep, pigs or goats
In this section stock means cattle, sheep, pigs, or goats.
A licensee, and any firm or corporation named in a licence as that for the benefit of which it is to be used, acting as, or carrying on the business of, an auctioneer of stock shall —
keep or cause to be kept a register in the prescribed form;
enter or cause to be entered in such register, verified under the hand or initials of the licensee, accurate particulars of all stock sold by the licensee, on the same day as the sale was conducted and in the prescribed manner; and
retain such register for a period of 3 years and all invoices, account sales and other records of the sales conducted for a period of 12 months after the date of the transaction recorded and hold them available for the purposes of section 28.
Penalty for this subsection: a fine of $10 000.
The provisions of section 28 apply, subject to this section, to any records relating to a sale of stock by auction, and any member of the police force of the State or inspector appointed under the Biosecurity and Agriculture Management Act 2007, shall be deemed to be a person duly authorised in writing for the purposes of subsection (1) of that section relation to the records of any sale of stock by auction.
An inspector appointed under the Biosecurity and Agriculture Management Act 2007, shall not exercise, or be entitled to exercise, the powers conferred on him by subsection (3) after the expiration of the day on which the sale is conducted.
No —
licensee;
employee of a licensee or of any firm or corporation named in the licence of the licensee as that for the benefit of which the licence is to be used; or
person who acts as a clerk of an auctioneer whether or not actually employed in that capacity,
shall, whether directly or indirectly, make a purchase on his own behalf of any stock placed in the licensee’s hands for sale by auction, unless the vendor has previously consented in writing to that purchase.
Penalty for this subsection: a fine of $50 000 or imprisonment for 12 months, or both.
Where any person is convicted of an offence against subsection (5) the court before which the conviction is obtained may, in addition to any other penalty, order the person convicted to account for and pay over to the vendor all profits resulting from the purchase.
[Section 30 amended: No. 24 of 2007 s. 77(2) and (3); No. 25 of 2019 s. 7.]
This provision refers to the regulations (prescribed form
, prescribed manner
). Made under this Act:
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