10/Jun/1999 - Current (at 31 Dec 2005)
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    31. Splitting of lots of livestock or farm produce

    (1) A person who induces or attempts to induce any other person to abstain from bidding at a sale by auction of livestock or farm produce, either generally or for any particular lot, by means of a promise, express or implied, that he will if he is the successful bidder

    (a) give that other person the right to elect to take over as purchaser through the auctioneer all or any of that livestock or farm produce at the auction price; or

    (b) agree to decide by tossing or the drawing of lots or other method who is to become the owner of all or any of that livestock or farm produce,

    commits an offence.

    (2) A person who abstains or agrees to abstain from bidding at a sale by auction of livestock or farm produce as the result of a promise, express or implied, of the kind referred to in subsection (1), commits an offence.

    (3) Any person who knowingly enters or knowingly permits or causes to be entered in any record kept by an auctioneer any name, other than the name of the actual successful bidder, as the name of the purchaser of any livestock or farm produce commits an offence.

    (4) If any person enters in any record kept by an auctioneer in relation to any sale of livestock or farm produce a name, other than the name of the actual successful bidder, as the name of the purchaser of that livestock or farm produce the auctioneer shall, unless he proves to the satisfaction of the court that he did not know that the name was so entered, be guilty of an offence.

    (5) Where the actual successful bidder at a sale by auction of any livestock or farm produce, as soon as practicable after the auctioneer conducting the sale has indicated the actual successful bidder but not in any case later than the day of the sale, informs the auctioneer

    (a) that he bid for the livestock or farm produce on behalf of another person; and

    (b) of the name of that other person,

    the provisions of subsection (3) and subsection (4) shall not apply if the entry made is made in the name of that other person.

    (6) In relation to any sale to which this section applies, a successful bidder who supplies any wrong information to the auctioneer, or to any person, firm or corporation on whose behalf the sale is conducted, as to the name of the purchaser commits an offence.

    (7) At a sale by auction of livestock or farm produce the auctioneer shall either

    (a) read or recite aloud a statement of the material parts of this section before the commencement of the bidding (save that where on any day successive sales by auction of livestock or farm produce are held at the same selling place and the provisions of this paragraph are complied with by the auctioneer conducting the first sale no auctioneer thereafter conducting any of such successive sales shall be required before commencing that sale to comply with those provisions); or

    (b) where the conditions of sale are not read or recited aloud before the commencement of the bidding but are exhibited by means of notices in the yard of place where the sale is held, exhibit before and keep exhibited and prominently displayed during the sale a statement of the material parts of this section incorporated in each such notice of the conditions of sale in larger print or lettering than the conditions of sale,

    and any auctioneer who fails to comply with the provisions of this subsection commits an offence.



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.