South Australian Current Regulations South Australian Current Regulations6—Requirements to be complied with by auctioneer
For the purposes of the definition of "second-hand market" in section 3
of the Act and for the purposes of section 10(3)(e) of the Act, an
auctioneer must comply with the following requirements in relation to each lot
of prescribed goods auctioned by the auctioneer:
(a) in
the case of an auctioneer who is a second-hand dealer 1 —the auctioneer
must record against the entry relating to the goods kept under section 8
of the Act—
(i)
the date on which the goods were auctioned; and
(ii)
the place at which the goods were auctioned; and
(iii)
a note of whether or not the goods were sold at auction
and, if the goods were sold, the amount for which the goods were sold;
(b) in
the case of an auctioneer who is not a second-hand dealer—the auctioneer
must—
(i)
keep records relating to the goods, and confirm and
verify the information recorded, as required by section 8 of the Act as
if the auctioneer were a second-hand dealer (except that identification codes
need not be recorded as required by section 8(4)(f)); and
(ii)
record against the entry relating to the goods kept under
subparagraph (i)—
(A) the date on which the goods were
auctioned; and
(B) the place at which the goods were
auctioned; and
(C) a note of whether or not the goods were
sold at auction and, if the goods were sold, the amount for which the goods
were sold.
Note—
1 Section 24(1)(c) of the Act provides that
if in proceedings for an offence against the Act it is established that,
within the period of 12 months immediately preceding the date of the
alleged offence, the defendant conducted 6 or more auctions for the sale
of second-hand goods on behalf of other persons, it will be presumed, in the
absence of proof to the contrary, that the defendant was carrying on business
as a second-hand dealer on the date of the alleged offence.