Victorian Numbered Acts

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MOTOR CAR TRADERS AMENDMENT ACT 2008 (NO. 4 OF 2008) - SECT 16

New Part 3A inserted

After Part 3 of the Principal Act insert

" PART 3A—SALE OF MOTOR CARS BY AUCTION

        50C     Definitions

In this Part—

"auction "means public auction or trade-only auction;

"trade-only auction "means an auction that is only open to motor car traders or special traders (or both) or persons acting on their behalf.

        50D     Dummy bidding prohibited

    (1)     An owner of a motor car must not make a bid at an auction of the motor car.

Penalty:     In the case of a natural person: 60 penalty units;

In the case of a body corporate: 240 penalty units.

    (2)     A person must not make a bid at an auction of a motor car knowing that the bid is being made on behalf of an owner of the motor car.
s. 16

Penalty:     In the case of a natural person: 60 penalty units;

In the case of a body corporate: 240 penalty units.

Note

Section 50G provides for some permissible vendor bids.

    (3)     For the purposes of subsection (2), a bid may be found to have been made on behalf of an owner even though it is not made at the request of, or with the knowledge of, the owner.

    (4)     Evidence that a person who made a bid at an auction of a motor car had the intention of benefiting an owner in making the bid is evidence that the person made the bid on behalf of the owner.

    (5)     It is immaterial that the person making a bid in contravention of this section is not in Victoria at the time the bid is made.

        50E     Offences by auctioneers relating to bidding

    (1)     The auctioneer of a motor car at an auction must not accept a bid at the auction if he or she knows that the bid was made by, or on behalf of, an owner of the motor car.

Penalty:     60 penalty units.

    (2)     The auctioneer of a motor car at an auction must not acknowledge the making of a bid at the auction if no bid was made.

Penalty:     60 penalty units.

        50F     Offence to procure dummy bid

A person must not procure another person to make a bid at an auction of a motor car that is contrary to section 50D.

Penalty:     In the case of a natural person: 60 penalty units;

In the case of a body corporate: 240 penalty units.

        50G     Permissible vendor bids

    (1)     Despite section 50D(2), the auctioneer of a motor car at an auction may make a bid on behalf of an owner of the motor car if—

        (a)     before any bidding starts, the auctioneer orally declares at the auction that the auctioneer may make a bid on behalf of the owner; and

        (b)     in the case of a public auction, immediately before, or in the process of, making the bid, the auctioneer audibly states that the bid is being made on behalf of the owner.

    (2)     It is sufficient compliance with the requirement under subsection (1)(b) to identify a bid as a bid on behalf of the owner if the auctioneer states "vendor bid" in making the bid.

    (3)     It is not sufficient compliance with the requirement under subsection (1)(b) to identify a bid as a bid on behalf of the owner if the auctioneer merely identifies the owner by name without stating that the person is an owner of the motor car.

        50H     Offence to falsely acknowledge bid

A person at an auction of a motor car must not falsely claim to have made a bid or falsely acknowledge that he or she made a bid.

Penalty:     60 penalty units.

        50I     Contrary conditions are void

Any conditions applying to the sale of any motor car at an auction that are contrary to, or purport to restrict or modify, any requirement imposed by or under this Part are void.

        50J     Auctioneer to keep records

    (1)     The auctioneer of a motor car sold at a public auction must obtain, and keep a record of, the name and address of—

        (a)     the owner selling the motor car; and

        (b)     the purchaser of the motor car.

Penalty:     10 penalty units.

    (2)     An auctioneer must make the records kept under subsection (1) available for inspection—

        (a)     on request by an inspector or the Committee; or

        (b)     in the case of a specified vehicle, on request by a member of the police force.

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