| Section
40. Bids by owner at public auction |
| At
a public auction of property – |
| |
(1) |
(a) |
the
owner of the property must not bid or cause a person to bid on the
owner’s behalf; and
|
| |
|
(b) |
a
person must not bid on behalf of the owner of the land; and
|
| |
|
(c) |
the
auctioneer conducting the auction must not accept a bid from a person
who the auctioneer knows is bidding in contravention of paragraph
(a) or (b). |
| |
|
Penalty: Fine not exceeding $50,000.
|
| |
(2) |
|
A person
must not procure another person to make a bid that is contrary to
subsection (1)(b). |
| |
|
Penalty: Fine not exceeding $50,000.
|
| |
(3) |
|
It is
not a defence to a charge for an offence under subsection (1) to prove
that the person making the bid was not in Tasmania at the time the
bid was made.
|
| |
(4) |
|
For
the purpose of subsection (1)(b), a bid may be found to have been
made on behalf of an owner even though it was not made at the request
of, or with the knowledge of, the owner.
|
| |
(5) |
|
Evidence
that a person who made a bid at a public auction had the intention
of benefiting the owner in making the bid is evidence that the person
made the bid on behalf of the owner.
|
| |
(6) |
|
It is
a defence to a charge for an offence under subsection (1)
to prove –
|
| |
|
(a) |
That
the land that was auctioned was owned by more than one person; and
|
| |
|
(b) |
That
one or more of those persons was attempting, in good faith, to acquire
a greater interest in the land; and
|
| |
|
(c) |
That
the auctioneer had been advised of the situation by or on behalf of
that person before the start of the auction.
|
| Section
42. Dummy bids |
| |
An
auctioneer conducting a public auction must not appear to acknowledge
the making of a bid if no bid was made. |
| |
|
Penalty: Fine not exceeding $50,000.
|
| Section
43. Offence to falsely acknowledge bid |
| |
A
person at a public auction must not –
|
| |
|
(a) |
falsely
claim to have made a bid; or
|
| |
|
(b) |
falsely
acknowledge that he or she made a bid. |
| |
|
Penalty: Fine not exceeding $50,000.
|
| Section
49. Certain bidding agreements unlawful |
| |
(1) |
|
In this
section –
“dealer” means a person who in the normal course of business
attends auctions to purchase property for resale.
|
| |
(2) |
|
A dealer
must not give, agree to give or offer a gift or any other consideration
to a person as an inducement or reward for abstaining or having abstained
from bidding at an auction. |
| |
|
Penalty: Fine not exceeding $50,000.
|
| |
(3) |
|
A person
must not accept, agree to accept or attempt to obtain from a dealer
a gift or any other consideration for abstaining or having abstained
from bidding at an auction. |
| |
|
Penalty: Fine not exceeding $50,000.
|
| Section
50. Collusive practices prohibited at auctions |
| |
(1) |
|
In this
section –
“unlawful promise” means a promise expressed or implied,
made by a person that if that person is the successful bidder in respect
of property sold at an auction –
|
| |
|
(a) |
the
person to whom the promise was made will have the right to elect to
take over as purchaser through the auctioneer the property, or any
part of it, at the auction price; or
|
| |
|
(b) |
the
ownership of the property, or any part of it, will be decided by a
specified method.
|
| |
(2) |
|
A person
must not, by means of an unlawful promise made to a person at an auction,
induce or attempt to induce the person –
|
| |
|
(a) |
to abstain
from bidding, either generally or for any particular lot: or
|
| |
|
(b) |
not
to bid, except to a limited extent; or
|
| |
|
(c) |
to do
any act or thing which may in any way prevent free and open competition. |
| |
|
Penalty: Fine not exceeding $50,000.
|
| |
(3) |
|
A person
at an auction must not, as a result of an unlawful promise made to
that person –
|
| |
|
(a) |
abstain
or agree to abstain from bidding, either generally or for any particular
lot;
|
| |
|
(b) |
not
bid, except to a limited extent; or
|
| |
|
(c) |
do or
agree to do any other thing which may in any way prevent or tend to
prevent free and open competition. |
| |
|
Penalty: Fine not exceeding $50,000.
|
| Section
51. Successful bidder to supply information to auctioneer |
| |
(1) |
|
A person
who makes a successful bid at an auction must, as soon as practicable
after acceptance of the bid, give to the auctioneer –
|
| |
|
(a) |
his
or her name and address if the bid was made on his or her own behalf;
or
|
| |
|
(b) |
if the
bid was made on behalf of another person, the name and address of
the other person. |
| |
|
Penalty: Fine not exceeding $50,000.
|
| |
(2) |
|
Subsection
(1) does not apply if the person who made the successful bid gave
the information mentioned in subsection (1)(a) or subsection (1)(b)
to the auctioneer before the auction.
|
