New South Wales Consolidated Regulations
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PROPERTY AND STOCK AGENTS REGULATION 2014 - REG 12
Making the Bidders Record
12 Making the Bidders Record
(1) The Bidders Record for an auction of property that is made and kept for
the purposes of section 68 of the Act must-- (a) be in the English language,
and
(b) record the date and place of the auction, and
(c) record the address
of the property, and
(d) record the name and licence number of the auctioneer
conducting the auction, and
(e) record the name of the owner of the property
at the time of the auction, and
(f) record the name and licence number of the
selling agent for the auction, and
(g) if the property is sold at the
auction, indicate which of the persons named in the Bidders Record is the
successful bidder and the sale price, and
(h) if the property is not sold at
the auction, record the highest bid accepted, and the vendor bid (if any), at
the auction.
Note : A Bidders Record made by a licensee is one of the
licensee's records for the purposes of Part 8 (Records) of the Act and is to
be kept by the licensee. There are no restrictions on the technology that can
be used to make and keep a Bidders Record. A Bidders Record can be made and
kept on paper or by electronic means.
(2) If a person who is registering to
bid on behalf of another person will be bidding for the other person as a
buyer's agent-- (a) the Bidders Record must also record the agent's licence
number, and
(b) the Bidders Record may record the address of the agent's
registered office as the agent's address.
(3) If a person is registering to
bid on behalf of a body corporate-- (a) there is an exemption from the
requirement under section 68 (2) of the Act that the relevant details of the
person bidding include the number or other identifier of proof of identity of
the body corporate as referred to in section 68 (2) (b) of the Act, and
(b)
there is an exemption from the requirement under section 69 (1) (b) of the Act
that the letter of authority to bid on behalf of a body corporate specify the
number or other identifier of proof of identity for the body corporate if the
letter of authority specifies the Australian Business Number of the body
corporate.
(4) If a person who is registering to bid on behalf of another
person will be bidding for the other person under a power of attorney, there
is an exemption from the requirement under section 68 (2) of the Act that the
relevant details of the person bidding include details of the other person as
specified in section 68 (2) (b) of the Act.
(5) If a person who is
registering to bid on behalf of another person will be bidding in the capacity
of a buyer's agent, there is an exemption from section 69 (1) (b) of the Act
if details of the person on behalf of whom the agent is to bid are established
by the production of a copy of the agency agreement pursuant to which the
agent will be bidding.
(6) An entry in a Bidders Record may only be made by
the agent who makes the Bidders Record or by an employee of that agent acting
on behalf of the agent. An agent who makes a Bidders Record must not permit a
person to make an entry in the Bidders Record unless the person is authorised
by this subclause to make the entry. : Maximum penalty-- (a) 40 penalty units
in the case of a corporation, or
(b) 20 penalty units in any other case.
(7)
If more than one property is to be offered for sale at an auction sale, a
single Bidders Record may be made so as to apply to more than one (or all) of
the properties to be offered so that the required details of a person who will
be entitled to bid at the auction of any of the properties concerned need only
be entered in the Bidders Record once, but without otherwise affecting the
requirement for the separate recording in respect of each of those properties
of the details required by subclauses (1) and (2). Note : When an auction
involves a number of properties and a number of different licensees, subclause
(7) gives the licensees concerned the option of each making a separate Bidders
Record for the properties the licensee is auctioning or relying on a single
Bidders Record made by or on behalf of the auctioneer for all of the
properties to be auctioned.
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