Auction sales review
Consumer Protection are seeking public comment as a part of a review of the laws covering the licensing and conduct of auctioneers in WA.
Status: OPEN 15 April 2017
Currently under the Auction Sales Act 1973, auctioneer licences are issued by local Magistrates Courts with WA Police checks used to determine if applicants are fit and proper people.
This review will look at the licensing and to what extent regulation is needed to cover the conduct of auctioneers.
Current consultation phase:
Public comment is being sought on the options being considered by the consultation paper relating to the conduct of auctioneers, buyers and sellers in the areas of disclosure, vendor bidding, dummy bidding, record keeping, trust accounts, standard conditions of sale, collusive practices as well as online auctions.
The review seeks to ensure the auction sales industry is operating in a fair and competitive way and meeting market needs. Making WA laws as consistent as possible with other states and territories will also be considered.
Four options for regulation are being considered in the Consultation-Regulatory Impact Statement:
- retain the status quo – make no changes to the current licensing system and conduct provisions;
- retain licensing and introduce additional conduct provisions;
- replace with a negative licensing system where licences are not required but the Act would continue to regulate conduct and exclude unfit people from the industry; or
- deregulate the auction sales industry and repeal the Act, leaving the Australian Consumer Law and Sales of Goods Act to apply to auction sales.
Downloads and resources
- Consultation-Regulatory Impact Statement (C-Ris) Review of the Auction Sales Act 1973
- Auction Sales Act 1973 - State Law Publisher
Have your say
There is no specified format for submissions. You are welcome to make a formal submission or write a letter or email outlining your views and/or respond to questions included in this paper. When making your submission please state if you are an auctioneer or a consumer, and what type of property you normally buy or sell (for example, fine art, antiques, collectables, real estate, motor vehicles, plant and machinery, agricultural products etc.).
Your written comments can be submitted by:
- Online survey
Review of the Auction Sales Act 1973
Department of Commerce (Consumer Protection Division)
Locked Bag 14
Cloisters Square PO WA 6850
Enquiries can be made by calling Consumer Protection Advice Line on 1300 30 40 54 or by email.
Auction Sales Act review - consultation paper
Public comment is sought on the options suggested as a part of the review into the Auction Sales Act 1973.
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