Auctioneers Act

With all these auctioneers around, does that mean anyone can set themselves up as an auctioneer?

No. Those in the business of auctioneering must be licensed.

To obtain a licence, the applicant must satisfy their local District Court that they are of good character and are financially stable.

Licences must be renewed each year, and the police will vet applications and renewals.

It seems odd that the licensing system is run by the courts. I'd have thought a central government agency would do it.

You're right. The system is old-fashioned because the Auctioneers Act, the law that governs the industry, was passed in 1928.

You're kidding! Auctions in the 21st century are run under a law that was passed in 1928?

Yep. The law is long overdue for an overhaul. Not only is the licensing system clunky, but the penalties under the Act are a joke.

The fine for engaging in non-licensed auctioneering, for example, is the princely sum of $200.

Needless to say, the Act makes no mention of Internet auctions!

Action needed

We think those who buy at auction should be protected by the Consumer Guarantees Act. For one thing, the Consumer Guarantees Act covers goods sold by second-hand dealers and goods sold by retailers on behalf of private owners, so why not goods sold at auction?

Besides, buyers are increasingly being required to stump up for some of the cost of auctions. They deserve some statutory protection.

The government put out a discussion paper on renewing the Act in 2000 and in 2010, but nothing seems to have been done since then. We think it's high time action was taken to bring the law up to date.