Auctioneers to be licensed
6 Auctioneers to be licensed
A licence under this Act shall be granted only to a natural person and not to any body of persons or body corporate.
In accordance with the provisions of section 8, a licence may be granted to be used for the benefit of a firm or corporation.
The holder of a licence, and any firm or corporation specified in a licence as that for the benefit of which it is to be used, shall carry on the business of an auctioneer —
in the name or trade name specified in that licence and under no other description;
at or from a place of business specified in that licence;
subject to section 22(5), during the period for which that licence remains in force;
in relation to the class or classes of business specified in or authorised by that licence; and
in accordance with any conditions, limitations or restrictions specified in that licence,
and not otherwise.
Subject to this Act no person shall act as an auctioneer and no person, firm or corporation shall carry on or advertise, notify or state that he or it acts as or carries on the business of, an auctioneer, or that he or it is willing so to act or carry on business, unless —
being a natural person, he is the holder of an auctioneer’s licence; or
in the case of a firm or corporation, a natural person who is —
a member of that firm;
an officer of the corporation; or
an employee of that firm or corporation,
is the holder of an auctioneer’s licence granted to him to be used for the benefit of that firm or corporation.
No person, firm or corporation shall wilfully and falsely represent that he or it as an auctioneer has property for sale by auction.
Any person who or firm or corporation which contravenes any provision of this section commits an offence.
Penalty for this subsection: a fine of $50 000.
[Section 6 amended: No. 60 of 1975 s. 2; No. 25 of 2019 s. 7.]
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