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Consumer Protection seeking feedback on auctioneer law reform

By Hannah Blackiston
04 January 2017 | 10 minute read
auction hammer hand

The laws around licensing and the conduct of auctioneers in Western Australia are being reviewed by Consumer Protection as part of a potential overhaul.

The laws governing auctioneers in WA currently fall under the Auction Sales Act and include licenses issued by magistrates courts.

Acting commissioner for Consumer Protection David Hillyard says the review will be looking into this process and how valuable the regulation is to the licensing process.

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“A consultation paper released by Consumer Protection raises options 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,” Mr Hillyard said.

“The review seeks to ensure that the auction sales industry is operating in a way that is fair and competitive and is meeting market needs. Making WA laws as consistent as possible with other states and territories will also be considered.”

Mr Hillyard said the body will examine whether deregulation is an option. It will also explore transferring licensing to Consumer Protection and seek to decrease the stress on businesses and the government.

“We want to assess the regulatory burden of the licensing system and consider if deregulation may be a valid option. While this option would result in a reduction in costs for business, the community and government, we must ensure that protections for consumers are maintained,” he said.

Consumer Protection is seeking feedback from the public on the possible reform.

“I would urge anyone with an interest in the auction sales industry to read the consultation paper and provide feedback in order to help us determine how the industry can best operate in the future,” Mr Hillyard said.

The options being considered are no changes to the licensing system, introducing further provisions, replacing the system with a negative licensing system or deregulating the industry.

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