Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001

Queensland Property Agents and Motor Dealers Act 2000 Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Current as at 1 December 2009 Reprint note This is the last reprint before lapse. Lapsed on 1 December 2014 by 2014 Act No. 22 s 237.

Information about this reprint This regulation is reprinted as at 1 December 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Contents 1 2 3 Schedule Part 1 1 2 3 4 Part 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Auctioneering Practice Code of Conduct . . . . . . . . . . . . . . . . 6 Preliminary Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Compliance with code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 General rules of conduct Knowledge of Act and code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Fiduciary obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Honesty, fairness and professionalism . . . . . . . . . . . . . . . . . . . . . 7 Skill, care and diligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Auctioneer to act in client’s best interests. . . . . . . . . . . . . . . . . . . 8 Auctioneer to act in accordance with client’s instructions. . . . . . . 8 Auctioneer to keep client informed of developments . . . . . . . . . . 8 Auctioneer to ensure employees comply with Act and code . . . . 9 Representations by employees . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Fraudulent or misleading conduct . . . . . . . . . . . . . . . . . . . . . . . . 9 High pressure tactics, harassment or unconscionable conduct . . 10 Claiming membership or endorsement . . . . . . . . . . . . . . . . . . . . 10 Conflict of duty or interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Soliciting through false or misleading advertisements or communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Contents Part 3 Division 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 32A 32B 33 Division 2 34 35 36 37 38 Division 3 39 40 Part 4 41 Part 5 42 43 44 Rules specific to auctioneers General Prior appointment of another auctioneer or agent . . . . . . . . . . . . Conjunction sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Opportunity to obtain independent advice or representation . . . . Advice about market price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notifying managing agent of appointment to sell . . . . . . . . . . . . . Finding out or verifying ownership and property description . . . . Finding out or verifying material facts. . . . . . . . . . . . . . . . . . . . . . Auctioneer to encourage disclosure by client . . . . . . . . . . . . . . . . Disclosure to customer that auctioneer is the client’s auctioneer . Referral to service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Goods and services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inducing breach of contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty to obtain maximum sale price . . . . . . . . . . . . . . . . . . . . . . . Auction conduct—bidder registration . . . . . . . . . . . . . . . . . . . . . . Auction conduct—seller bidder. . . . . . . . . . . . . . . . . . . . . . . . . . . Auction conduct—disclosure of bidder identity. . . . . . . . . . . . . . . Failure to receive deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consignment selling Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Auctioneer to open trust account . . . . . . . . . . . . . . . . . . . . . . . . . Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Auctioneer’s obligations in relation to client’s motor vehicle . . . . . Notice to customer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use, disclosure and recording of information Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publicising code Publicity about code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complaint resolution Principal licensee to have complaint handling procedure. . . . . . . Client to be notified of complaint and outcome . . . . . . . . . . . . . . Compliance with complaint handling procedure. . . . . . . . . . . . . . 11 12 13 13 13 14 14 14 14 14 15 16 16 16 17 18 18 19 19 19 19 19 20 20 21 22 23 24 Page 2

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Contents Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 25 26 26 27 27 Page 3

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 [s 1] Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 [as amended by all amendments that commenced on or before 1 December 2009] 1 Short title This regulation may be cited as the Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 . 2 Commencement This regulation commences on 1 August 2001. 3 Code of conduct The code of conduct in the schedule is the code of conduct about auctioneering practice prescribed for the Act, section 231. Current as at 1 December 2009 Page 5

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule Schedule Auctioneering Practice Code of Conduct section 3 Part 1 Preliminary 1 Title This code of conduct may be cited as the Auctioneering Practice Code of Conduct . 2 Object (1) The object of this code is to increase the accountability of auctioneers for their actions in carrying on the business of an auctioneer. (2) The object is to be achieved by— (a) setting conduct standards for auctioneers; and (b) establishing principles for fair trading in auctioneering practice; and (c) providing for a system of complaint resolution for complaints about auctioneering practice. 3 Definitions In this code— auctioneer includes a trainee auctioneer. client means a person who appoints an auctioneer to sell, attempt to sell, offer to sell or resell any property by way of auction. customer means a person with whom an auctioneer deals on behalf of a client. Page 6 Current as at 1 December 2009

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule holiday purposes has the meaning given by the Residential Tenancies and Rooming Accommodation Act 2008 , section 31. 4 Compliance with code (1) This code contains provisions with which an auctioneer must comply. Editor’s note — Contravention of this code is a ground for— • starting disciplinary proceedings under the Act, section 496 • obtaining an injunction under the Act, section 565 • seeking an undertaking under the Act, section 569. (2) This code overrides an instruction or request that does not comply with the code from a client or, if the auctioneer is an employee, from the auctioneer’s employer. Part 2 General rules of conduct 5 Knowledge of Act and code An auctioneer must have a reasonable knowledge and understanding of the Act and this code. 6 Fiduciary obligations An auctioneer must comply with a fiduciary obligation incurred as an auctioneer. 7 Honesty, fairness and professionalism (1) An auctioneer must act honestly, fairly and professionally in the conduct of an auctioneering practice. (2) Without limiting subsection (1), an auctioneer must treat a customer honestly and fairly. Current as at 1 December 2009 Page 7

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule 8 Skill, care and diligence (1) An auctioneer must exercise reasonable skill, care and diligence in the conduct of an auctioneering practice. (2) An auctioneer must complete all work for a client as soon as is reasonably practicable. 9 Auctioneer to act in client’s best interests An auctioneer must act in a client’s best interests unless it is unlawful or unreasonable to do so. 10 Auctioneer to act in accordance with client’s instructions (1) An auctioneer must act in accordance with a client’s instructions unless it is contrary to this code or otherwise unlawful to do so. Example — An auctioneer must not market, or advertise or offer to sell, property on terms different from the terms authorised by the client. (2) However, the price at which an auctioneer offers to sell property must be in accordance with the client’s written instructions. 11 Auctioneer to keep client informed of developments (1) An auctioneer appointed to sell property for a client must keep the client informed of any significant development or issue in relation to the property. (2) Without limiting subsection (1), an auctioneer must immediately communicate to the client each expression of interest, whether written or oral, about the sale of the property. (3) However, subsection (2) does not apply if the client has directed otherwise in writing. Page 8 Current as at 1 December 2009

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule 12 Auctioneer to ensure employees comply with Act and code (1) An auctioneer who is a principal licensee must take reasonable steps to ensure a registered employee of the auctioneer complies with the Act and this code in relation to the auctioneer’s business. Example — An auctioneer in whose business the supervisor to employee ratio is so low that supervisors can have little knowledge of what staff are doing or how they are performing their work may need to employ more supervisors. (2) An auctioneer who is an employed licensee in charge of an auctioneer’s business at a place of business must take reasonable steps to ensure a registered employee at the place complies with the Act and this code in relation to the business. (3) This section applies only to the extent that the Act, section 206(1) does not already require an auctioneer to take the steps mentioned in the section. 13 Representations by employees An auctioneer must take reasonable steps to ensure that an employee of the auctioneer— (a) does not falsely represent that the employee is the holder of a licence in relation to auctioneering, or falsely use a title that suggests the employee is the holder of a licence; or (b) whether licensed under the Act or not, does not represent that the employee is the person in effective control of the auctioneer’s business, or use a title that suggests the employee is the person in effective control of the business. 14 Fraudulent or misleading conduct An auctioneer must not engage in conduct that is fraudulent or misleading in the conduct of an auctioneering practice. Current as at 1 December 2009 Page 9

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule Example — An auctioneer must not mislead or deceive a client, or participants in an auction, by using dummy bidders or false or nonexistent bids. Editor’s note — Engaging in conduct of this nature or other unlawful conduct could lead to a prosecution under the Act, for example see section 574 (False representations about property). 15 High pressure tactics, harassment or unconscionable conduct An auctioneer must not engage in high pressure tactics, harassment or unconscionable conduct in the conduct of an auctioneering practice. Examples of harassment — 1 Using, or getting a third party to use, threatening or intimidating language or behaviour towards a client or customer. 2 Engaging in conduct that would make an ordinary person feel unwillingly compelled to comply with an auctioneer’s request or demand. Examples of unconscionable conduct — 1 Taking unfair advantage of an auctioneer’s superior bargaining position relative to a client or customer. 2 Requiring a client or customer to comply with conditions that are not reasonably necessary for the protection of an auctioneer’s legitimate interests. 3 If it is reasonably apparent that a client or customer can not understand relevant documents, taking unfair advantage of the client’s or customer’s lack of understanding. 4 Exerting undue influence or pressure on, or using unfair tactics against, a client or customer or a person acting for a client or customer. 16 Claiming membership or endorsement An auctioneer must not falsely claim to be a member of, or endorsed by, an organisation or association. Page 10 Current as at 1 December 2009

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule 17 Conflict of duty or interest An auctioneer must not accept an appointment to act, or continue to act, as an auctioneer for a client if doing so will place the auctioneer’s duty or interests in conflict with the client’s interests. 18 Soliciting through false or misleading advertisements or communications An auctioneer must not solicit clients or customers through advertisements or other communications the auctioneer knows are false or misleading. Example — Knowingly giving a prospective client an overestimate of the likely selling price of property. Part 3 Rules specific to auctioneers Division 1 General 19 Prior appointment of another auctioneer or agent (1) Before accepting an appointment to sell a property for a client, an auctioneer must take reasonable steps to find out whether the client has already appointed another auctioneer or real estate agent under a sole or exclusive agency for the sale. (2) The auctioneer (the new auctioneer ) must not solicit or accept the appointment if— (a) the auctioneer knows, or should know, that the appointment of a another auctioneer or a real estate agent (the existing auctioneer or agent ) for the sale is in force; and (b) the client may have to pay the following if there is a sale— Current as at 1 December 2009 Page 11

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule (i) a commission under each appointment; (ii) damages for breach of contract under the existing auctioneer’s or agent’s appointment. (3) However, subsection (2) does not apply if, before the client signs the new auctioneer’s appointment, the new auctioneer gives the client a written statement that, if the client appoints the new auctioneer and there is a sale, the client may have to pay the following— (a) a commission under each appointment; (b) damages for breach of contract under the existing auctioneer’s or agent’s appointment. 20 Conjunction sales (1) Before accepting an appointment to sell property for a client, an auctioneer must— (a) explain to the client general issues about a sale conducted in conjunction with other auctioneers or real estate agents (a conjunction sale ), and the issues about a conjunction sale relevant to the particular sale if it were to be a conjunction sale; and (b) disclose to the client the auctioneer’s policy about conjunction sales, including the percentage apportionment of commission between the auctioneer and another auctioneer or agent. (2) Before agreeing with another auctioneer or real estate agent to conduct a conjunction sale, the auctioneer must— (a) disclose to the client the name of the other auctioneer or agent with whom the auctioneer proposes to act; and (b) advise the other auctioneer or agent of the client’s instructions for the sale. (3) An auctioneer must conduct a sale in conjunction with another auctioneer or agent if the client authorises a conjunction sale. Page 12 Current as at 1 December 2009

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule 21 Opportunity to obtain independent advice or representation An auctioneer must give a client a genuine opportunity to obtain independent professional advice or representation before the client appoints the auctioneer. 22 Advice about market price (1) An auctioneer, in attempting to obtain an appointment to sell a property, must not knowingly mislead a person about the property’s market price. (2) If an auctioneer gives a person an opinion about the market price for property, the auctioneer must not accept instructions from the person to act as an auctioneer for the sale of the property unless the auctioneer has given the person a written statement of the material facts that the auctioneer has taken into account in forming an opinion about the property’s market price. (3) An auctioneer appointed to sell property must keep the client informed, in accordance with the client’s instructions, if any, of the auctioneer’s opinion about the current market price of the property. (4) Also, the auctioneer must tell the client if the auctioneer considers the selling price of property expected by the client is substantially more or less than the market price of the property. 23 Notifying managing agent of appointment to sell If an auctioneer accepts an appointment to sell property that is a place of residence or business that is tenanted, the auctioneer must immediately give written notice of the appointment to any agent responsible for managing the property. Current as at 1 December 2009 Page 13

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule 24 Finding out or verifying ownership and property description An auctioneer appointed to sell property must take reasonable steps to find out or verify the property’s ownership and property description. 25 Finding out or verifying material facts (1) An auctioneer appointed to sell property must take reasonable steps to find out or verify the facts material to the sale that a prudent auctioneer would have found out or verified to avoid error, omission, exaggeration or misrepresentation. (2) The steps must be taken before the auctioneer lists the property and afterwards as the occasion arises. 26 Auctioneer to encourage disclosure by client An auctioneer must, at the time of obtaining an appointment to sell property for a client and at all later times, encourage the client to disclose to the auctioneer all relevant facts about the property. 27 Disclosure to customer that auctioneer is the client’s auctioneer (1) An auctioneer must ensure a customer is aware the auctioneer is acting for the client. (2) An auctioneer must not induce or allow a customer to believe that the auctioneer is acting for the customer. (3) An auctioneer must warn a customer, as soon as possible, that any information disclosed to the auctioneer may be disclosed to the auctioneer’s client. 28 Referral to service provider (1) An auctioneer who refers a client or customer to a service provider must not falsely represent to the client or customer that the service provider is independent of the auctioneer. Page 14 Current as at 1 December 2009

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule (2) For subsection (1), a service provider is independent of an auctioneer if— (a) the auctioneer receives no rebate, discount, commission or benefit for referring a client or customer to the service provider; and (b) the auctioneer does not have a personal or commercial relationship with the service provider. Examples of relationships for paragraph (b) — 1 A family relationship. 2 A business relationship other than a casual business relationship. 3 A fiduciary relationship. 4 A relationship in which 1 person is accustomed, or obliged, to act in accordance with the directions, instructions or wishes of the other person. (3) If the service provider is not independent of the auctioneer, the auctioneer must disclose to the client or customer— (a) the nature of any relationship, whether personal or commercial, the auctioneer has with the service provider; and (b) the nature and value of any rebate, discount, commission or benefit the auctioneer may receive, or expects to receive, by referring the client or customer to the service provider. (4) In this section— client includes a prospective client. service provider means a provider of professional services associated with the sale of property. 29 Goods and services (1) An auctioneer must obtain a client’s written approval before ordering goods or services if the price of the goods or services is more than the amount authorised to be incurred by the auctioneer’s appointment. Current as at 1 December 2009 Page 15

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule (2) An auctioneer must take reasonable steps to ensure goods or services obtained for a client are at a competitive price. 30 Inducing breach of contract An auctioneer must not induce, or attempt to induce, a breach of, or an interference with, a contract between a client and a customer. Example — An auctioneer must not induce a customer to breach a contract with a client to get the customer to enter immediately into a contract with another of the auctioneer’s clients. 31 Duty to obtain maximum sale price An auctioneer must obtain the maximum sale price for a client’s property. 32 Auction conduct—bidder registration (1) An auctioneer must, for each auction sale the auctioneer conducts at the same place on the same day, keep a register of all bidders at the auction registered under this section (the register of bidders ). (2) The auctioneer must— (a) announce to persons present at the auction that bids will only be accepted from registered bidders; and (b) subject to subsection (3)—ensure each bidder at the auction is registered as a bidder before accepting a bid from the bidder. (3) If a bidder has previously been registered at an auction for the sale of livestock or used motor vehicles, the bidder’s previous registration may be applied to one or more subsequent auctions, provided the auction is conducted by the same auctioneer. (4) The auctioneer may register a person as a bidder at an auction only if the person— Page 16 Current as at 1 December 2009

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule (a) gives the auctioneer the person’s name and address; and (b) produces to the auctioneer satisfactory evidence of the person’s identity; and Example for paragraph (b) — a driver licence with the person’s photo on it (c) gives the auctioneer the name and address of any other person for whom bids are intended to be made on instructions given by the other person by telephone. (5) If the auctioneer is satisfied of the person’s identity, the auctioneer must— (a) record in the register of bidders for the auction— (i) the person’s name and address; and (ii) the bidder number assigned by the auctioneer to the bidder; and (b) give the person a card or other thing with the bidder number on it for use by the bidder during the auction. (6) The auctioneer must ensure the number on the card or other thing given to the bidder under subsection (5)(b) can be easily read by the auctioneer when the bidder uses it to make a bid during the auction. (7) The auctioneer must keep the register of bidders for 5 years after the date of the last entry made in it. (8) Subsection (5)(b) and subsection (6) do not apply to livestock auctioneers. 32A Auction conduct—seller bidder (1) This section applies in relation to a seller of property offered for sale by auction. (2) If the seller bids for the property when it is offered for sale, the auctioneer must announce to the other bidders that the bid is made by the seller. (3) Also, if the seller sets a reserve price for the property under the Act, section 574A, the auctioneer must not accept a bid Current as at 1 December 2009 Page 17

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule from the seller that is higher than the reserve price set for the property. 32B Auction conduct—disclosure of bidder identity (1) This section applies in relation to bidders registered by an auctioneer under section 32. (2) The auctioneer must not disclose the bidder’s identity to anyone other than an inspector or a court. (3) However, the auctioneer may disclose to the seller of the property offered for sale the identity of a bidder for the property if it is necessary— (a) for negotiations with the bidder after the property has been passed in; or (b) for facilitating the sale of the property. 33 Failure to receive deposit An auctioneer acting as a deposit holder under a contract— (a) must inform the client in writing if the time under the contract for payment of the deposit has passed without the deposit being received by the auctioneer; and (b) must not accept any late payment of the deposit unless— (i) the client has been informed under paragraph (a); and (ii) the client gives written instructions to accept late payment of the deposit. Page 18 Current as at 1 December 2009

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule Division 2 Consignment selling 34 Application of div 2 This division applies only to an auctioneer who has been asked by a client to sell the client’s used motor vehicle on consignment. 35 Auctioneer to open trust account Before an auctioneer starts selling used motor vehicles on consignment, the auctioneer must open a trust account into which to deposit proceeds of sales on behalf of the auctioneer’s clients. 36 Insurance Before acting for a client, an auctioneer must— (a) tell the client that the client is responsible for insuring the used motor vehicle against loss or damage; and (b) obtain the client’s written acknowledgement of the advice. 37 Auctioneer’s obligations in relation to client’s motor vehicle An auctioneer acting for a client must ensure that— (a) the client’s motor vehicle is properly secured and reasonably protected from damage; and (b) no parts are removed from the vehicle without the client’s written authorisation. 38 Notice to customer Before selling a used motor vehicle on consignment, an auctioneer must give a customer of the auctioneer written notice— (a) that the motor vehicle is being sold on consignment; and Current as at 1 December 2009 Page 19

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule (b) that there is no statutory warranty or cooling-off period under the Act in relation to the motor vehicle. Division 3 Use, disclosure and recording of information 39 Confidentiality (1) An auctioneer must not use or disclose confidential information about a client or customer obtained while acting for the client or dealing with the customer. (2) Subsection (1) does not apply to information— (a) used or disclosed for a purpose authorised in writing by the client or customer; or (b) that must be lawfully used or disclosed. Example of when information must be lawfully used or disclosed — To comply with legal process. (3) In this section— auctioneer includes a former auctioneer. client includes a former client. customer includes a former customer. 40 Recording of information (1) An auctioneer who gives information about a client or customer for recording in a public document or in a database relating to customers must— (a) ensure the information is accurate; and (b) ensure the information, if adverse to the client or customer, relates to a matter that is not trivial or is not a minor breach of a tenancy agreement; and Example of matters that are not trivial — The termination of a tenancy because of any of the following— Page 20 Current as at 1 December 2009

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule • damage to premises • injury to a person lawfully entitled to enter or remain on premises • objectionable behaviour • an unremedied or repeated breach of a term of the tenancy • breach of an order of a court or tribunal relating to the tenancy. (c) take reasonable steps to disclose the information to the client or customer; and (d) give the client or customer a reasonable opportunity to review the information; and (e) ensure the client or customer is informed about how the information may be used; and (f) immediately amend the information if the client or customer provides evidence that the information is inaccurate. (2) This section does not apply to a customer renting premises if the right of occupancy of the premises is given for holiday purposes. Part 4 Publicising code 41 Publicity about code (1) A auctioneer who is a principal licensee must prominently display a notice of the existence and availability of this code in the public area of each of the auctioneer’s offices. (2) If asked by a client or customer, a auctioneer must promptly tell the client or customer where to obtain a copy of this code. Editor’s note — This code may be purchased from Goprint or accessed at <www.legislation.qld.gov.au>. Current as at 1 December 2009 Page 21

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule Part 5 Complaint resolution 42 Principal licensee to have complaint handling procedure (1) This section applies to an auctioneer who is a principal licensee. (2) The auctioneer must have a reasonable, simple and easy to use procedure in place for handling complaints by clients or customers of the auctioneer. (3) The auctioneer must have information readily available to inform clients and customers of the procedure. (4) The information must include the following details— (a) how a complaint is to be made; (b) when a complaint must be in writing and when it may be oral; (c) the person who is to handle the complaint. (5) The auctioneer must consider every complaint made by a client or customer and— (a) accept the complaint, whether wholly or partly; or (b) reject the complaint in writing. (6) If the auctioneer accepts the complaint, whether wholly or partly, and restitution is required to be made to the client or customer (the complainant ), the auctioneer must arrange for the restitution to be made— (a) within 7 days after accepting the complaint; or (b) if the auctioneer and the complainant agree, by a later day. (7) If the auctioneer rejects the complaint, whether wholly or partly, the auctioneer must give the complainant written reasons for the rejection. (8) The notice must be accompanied by a separate document containing— Page 22 Current as at 1 December 2009

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule (a) a warning that there may be time restrictions on making a claim, including a claim against the fund under the Act; (b) a statement that the complainant should consider whether or not to seek legal advice; and (c) a statement that the complainant— (i) may seek mediation through the dispute resolution procedures of the Department of Justice and Attorney-General; or (ii) may, depending on the nature and amount of the complaint, commence an action against the auctioneer in QCAT or a court; or (iii) may contact the Office of Fair Trading which may commence disciplinary proceedings, or take other action, under the Act. (9) The document may also include details about other ways available to the complainant to resolve the complaint. Example of another way available to resolve the complaint — An industry dispute resolution scheme may be available to the complainant because of the auctioneer’s membership of an organisation. (10) However, the document must state that participation in an industry dispute resolution scheme is voluntary. 43 Client to be notified of complaint and outcome (1) This section applies if a complaint is made by an auctioneer’s customer and the complaint is dealt with under the complaint handling procedure mentioned in section 42. (2) The auctioneer must notify the relevant client of— (a) the complaint made by the customer; and (b) the final outcome of the complaint. Current as at 1 December 2009 Page 23

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Schedule 44 Compliance with complaint handling procedure (1) A auctioneer must comply with the complaint handling procedure mentioned in section 42 and the final outcome of the complaint. Examples of complying with final outcome of complaint — 1 If a auctioneer accepts a complaint that requires a matter to be rectified, the auctioneer must rectify the matter. 2 An auctioneer must comply with an agreement reached through mediation about the subject matter of the complaint. 3 An auctioneer must comply with a court decision about the subject matter of the complaint. (2) This section applies subject to any stay granted by a court. Page 24 Current as at 1 December 2009

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 December 2009. Future amendments of the Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Current as at 1 December 2009 Page 25

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments to none Effective 1 August 2001 Reprint date 7 September 2001 Reprint No. 1A 1B 1C 1D 1E Amendments included 2002 SL No. 311 2006 SL No. 218 2008 SL No. 159 2008 Act No. 73 2009 Act No. 24 Effective 1 January 2003 21 August 2006 13 June 2008 1 July 2009 1 December 2009 Notes Page 26 Current as at 1 December 2009

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Endnotes 5 List of legislation Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 SL No. 118 made by the Governor in Council on 26 July 2001 notfd gaz 27 July 2001 pp 1209–11 ss 1–2 commenced on date of notification remaining provisions commenced 1 August 2001 (see s 2) exp 1 September 2011 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Fair Trading (Fees) Amendment Regulation (No. 1) 2002 SL No. 311 pts 1, 5 notfd gaz 22 November 2002 pp 1018–21 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2003 (see s 2) Note—A regulatory impact statement and explanatory note were prepared. Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Amendment Regulation (No. 1) 2006 SL No. 218 notfd gaz 18 August 2006 pp 1821–5 ss 1–2 commenced on date of notification remaining provisions commenced 21 August 2006 (see s 2) Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Amendment Regulation (No. 1) 2008 SL No. 159 notfd gaz 13 June 2008 pp 948–51 commenced on date of notification Residential Tenancies and Rooming Accommodation Act 2008 No. 73 ss 1–2, 554 sch 1 date of assent 11 December 2008 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 40) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 5 pt 52 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) 6 List of annotations SCHEDULE—AUCTIONEERING PRACTICE CODE OF CONDUCT Definitions s 3 def “holiday purposes” sub 2008 Act No. 73 s 554 sch 1 Current as at 1 December 2009 Page 27

Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 Endnotes Auction conduct—bidder registration s 32 sub 2006 SL No. 218 s 4 amd 2008 SL No. 159 s 3 Auction conduct—seller bidder s 32A ins 2006 SL No. 218 s 4 Auction conduct—disclosure of bidder identity s 32B ins 2006 SL No. 218 s 4 Principal licensee to have complaint handling procedure s 42 amd 2009 Act No. 24 s 712 Client to be notified of complaint and outcome s 43 amd 2002 SL No. 311 s 13(1) Compliance with complaint handling procedure s 44 amd 2002 SL No. 311 s 13(2) © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 28 Current as at 1 December 2009