5. Exemptions

    (1) Nothing in this Act applies to

    (a) any sale authorized by the Minister for Lands under the provisions of the Land Administration Act 1997;

    [(b) deleted]

    (c) any sale made under the authority of a rule, order, or judgment of the High Court of Australia, the Supreme Court, the District Court, or of any other court having jurisdiction in the State;

    (d) any sale under a process of execution issued out of any court;

    (e) any sale conducted by or under the authority of the Public Trustee;

    (f) any sale of any animal impounded according to law and sold under the laws relating to impounding;

    (g) any bazaar or sale of gifts where the whole of the proceeds are devoted for charitable, educational, or church purposes; or

    (h) any person who, under or pursuant to any Act, is for the time being authorized to sell by auction without holding an auctioneer's licence.

    (2) The Governor may by Order in Council declare that this Act, or any provision of this Act specified in the Order, shall not apply to any class of business either generally or when conducted in any specified circumstances or part of the State, or to any sale conducted solely for a benevolent or other particular purpose specified in the Order, and may by subsequent Order in Council from time to time revoke or vary such Order in Council.

    [Section 5 amended by No. 73 of 1990 s. 45; No. 57 of 1997 s. 20; No. 31 of 1997 s. 141; No. 59 of 2004 s. 141.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.