Auction Sales Act 1973

Where it is desired that an auctioneer’s licence shall be used for the benefit of a firm or corporation, and not otherwise, the application —

shall state the name and the principal place of business of that firm or corporation;

shall state the name and the principal place of business of the proposed licensee;

may be made either by the firm or corporation on behalf of the proposed licensee or by the proposed licensee personally;

shall be treated as though made by or on behalf of the firm or corporation which —

may be represented at any hearing;

is liable to pay and may be awarded costs; and

may be required to satisfy the court that it consents to the application.

On an application made under this section the court shall have regard not only to the question as to whether or not the proposed licensee is a fit and proper person to hold a licence but also to the fitness and repute of the firm or corporation for the benefit of which the licence is to be used, and may hear and take into consideration any objection or submission made in relation to that firm or corporation or the persons responsible for its management.

Two or more licences may be granted in favour of the same firm or corporation.

A licence granted pursuant to an application made under this section shall specify the firm or corporation for the benefit of which it is to be used and shall not be used otherwise.

A firm or corporation for the benefit of which a licence has been granted under this section shall not by virtue thereof be entitled to act as an auctioneer, but with that exception and within the limits to which the licence extends any business done under the licence may be transacted in the name of the firm or corporation.

Except with the consent of the firm or corporation named in the licence, no licence granted pursuant to this section may be transferred but the licence may be transferred, subject to this Act, to any person to whom the firm or corporation has agreed to transfer it and the consent of the licensee or his legal personal representative shall not be necessary where the licensee was an employee of that firm or corporation at the time the licence was granted.

Where an interim licence or a provisional licence is granted pursuant to an application made under this section the firm or corporation for the benefit of which the licence is to be used shall be liable and responsible for any act or default of the holder of the licence in the same manner and to the same extent as the licensed auctioneer named in the licence is liable under this Act and shall, indemnify that licensed auctioneer.

Where a licensee is an employee of a firm or corporation named in his licence, that firm or corporation and not the licensee shall be primarily responsible for observing the requirements of this Act but both the licensee and the firm or corporation so named may be charged with and convicted of the like offence.