Auction Sales Regulations 1974

These regulations may be cited as the Auction Sales Regulations 1974.

In these regulations the Auction Sales Act 1973 is referred to as the Act.

An application set out in Column 1 of the Table to subregulation (1A) must be made using the form set out opposite the application in Column 2.

The fee payable for an application set out in column 1 of the Table is the fee set out opposite the application in column 3.

Copies of the application forms required may be obtained, free of charge, from the registrar of the Magistrates Court ^1, 2.

A licence set out in Column 1 of the Table must be in the form set out opposite the licence in Column 2.

The form of transfer of a licence shall be in Form 13 and shall be endorsed on the original licence to which it relates.

In addition to the fee payable under subregulation (1) on the renewal of a licence, the fee payable for an application for the renewal made after, but within 3 months of, the date on which the licence expires is 25% of the appropriate licence fee.

The fee payable on the renewal of a licence shall, subject to apportionment in respect of periods of less than 12 months, be the fee payable on application for that kind of licence as set out in the Table to regulation 3(1A).

A licence shall not be renewable as of right.

An application for the renewal of a licence shall be made in the same manner as an application for the grant of a licence, save that the applicant is not required to lodge character testimonials.

Where the application is for the transfer of a licence the application shall be made in Form 7 by the proposed transferee and shall be endorsed with the consent of the proposed transferor and on behalf of the firm or corporation (if any) named in the original licence as that for the benefit of which the licence is to be used.

inquire as to the character and suitability of the applicant; and

inquire as to the fitness and repute of the persons responsible for the management of that firm or corporation where the licence is sought for the benefit of a firm or corporation; and

inquire as to the circumstances and the likelihood of the occasion occurring, where an occasional licence is sought; and

inquire as to the genuineness of the incapacity by a medical certificate or other evidence, where an interim licence is sought; and

report in writing to the court the result of his inquiries.

In this regulation —

For the purposes of section 19(2B) of the Act, the prescribed period for a general or restricted licence that is renewed is 3 years.

However, if an application for renewal of a general licence or a restricted licence is made during the transition period, the prescribed period for the renewed licence is as follows —

for a licence that expires between 1 January and 30 April — a period of 3 years;

for a licence that expires between 1 May and 31 August — a period of 2 years;

for a licence that expires between 1 September and 31 December — a period of 1 year.

In this regulation —

The registrar of the Magistrates Court must, on application by a person who was the holder of a surrendered licensee, refund to the person an amount of the prescribed fee paid for the licence that, in the registrar’s opinion, relates to the period between the day the licence is surrendered and the day the licence would have expired.

The register to be kept for the purposes of section 30 of the Act shall be in Form 15.

On the same day as a sale of stock is conducted, the auctioneer shall cause to be entered in the register the following particulars as a separate entry for each lot of animals offered for sale —

the number of the pen where the animals were held when auctioned; and

the name and address or identifying code of the vendor of the animals so auctioned; and

the quantity of animals auctioned in that lot; and

a description of the breed and type of animal auctioned; and

the identifier applied to the animals under the Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013; and

if sold by auction, the price per head of each animal when knocked down to the purchaser, and the name and address or identifying code of the purchaser of the animal; and

if passed in or sold by private treaty, a description of the means of disposal and the name and address of any purchaser.

The auctioneer conducting the sale shall append his signature in the place provided, signifying that the particulars contained in that sheet are, to the best of his knowledge, accurate particulars of all stock offered for sale by him.

Where any alteration to particulars entered on the register appears, the auctioneer shall initial each alteration as being correct.