10/Jun/1999 - Current (at 31 Dec 2005)
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    30. Sales of cattle, sheep, pigs or goats

    (1) In this section }stock~ means cattle, sheep, pigs, or goats.

    (2) A licensee, and any firm or corporation named in a licence as that for the benefit of which it is to be used, acting as, or carrying on the business of, an auctioneer of stock shall

    (a) keep or cause to be kept a register in the prescribed form;

    (b) enter or cause to be entered in such register, verified under the hand or initials of the licensee, accurate particulars of all stock sold by the licensee, on the same day as the sale was conducted and in the prescribed manner; and

    (c) retain such register for a period of 3 years and all invoices, account sales and other records of the sales conducted for a period of 12 months after the date of the transaction recorded and hold them available for the purposes of section 28.

    Penalty: $500.

    (3) The provisions of section 28 apply, subject to this section, to any records relating to a sale of stock by auction, and any member of the police force of the State or person appointed as an inspector for the purposes of the Stock Diseases (Regulations) Act 1968, shall be deemed to be a person duly authorized in writing for the purposes of subsection (1) of that section relation to the records of any sale of stock by auction.

    (4) A person appointed as an inspector for the purposes of the Stock Diseases (Regulations) Act 1968, shall not exercise, or be entitled to exercise, the powers conferred on him by subsection (3) after the expiration of the day on which the sale is conducted.

    (5) No

    (a) licensee;

    (b) employee of a licensee or of any firm or corporation named in the licence of the licensee as that for the benefit of which the licence is to be used; or

    (c) person who acts as a clerk of an auctioneer whether or not actually employed in that capacity,

    shall, whether directly or indirectly, make a purchase on his own behalf of any stock placed in the licensee's hands for sale by auction, unless the vendor has previously consented in writing to that purchase.

    Penalty: A fine of not more than $1 000, or imprisonment for a term of not more than one year, or both such fine and imprisonment.

    (6) Where any person is convicted of an offence against subsection (5) the court before which the conviction is obtained may, in addition to any other penalty, order the person convicted to account for and pay over to the vendor all profits resulting from the purchase.

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.