Auchinvole Chris: Real Estate Agents Bill — Second Reading In Committee Third Reading 
Auchinvole Chris: Real Estate Agents Bill — Second Reading In Committee Third Reading 
[Volume:649;Page:18383] 
CHRIS AUCHINVOLE (National) 
: 
 I would like to speak on the exemption for licensed auctioneers in Part 1. Clause 8 states: “A person who is licensed as an auctioneer under the Auctioneers Act 1928 may sell or offer to sell any land by auction.” I was not involved in all of the proceedings of the Justice and Electoral Committee on this bill but I remember being present for the meeting when we received submissions on the requirements where land was sold by auction. 
The submissions overall as has been said by others here today were detailed and the meetings were often intense occasions. Rightly or wrongly a large section of the real estate industry had developed real fears associated with the bill and the implications that it could have on long-serving dedicated practitioners who had been working in an ethical and thoroughly professional manner often within small communities. There was a movement throughout the industry that generated a particular point of view that did not help those who were uncertain. The fact that there were so many submissions on a very complex piece of regulatory framework would have been hard to manage in any circumstances. 
The other aspect is that other members who have spoken this morning—and I would perhaps put myself in the same category from a technical point of view—do not really have a fixed understanding of the way the real estate industry and particularly auctioneering works. In respect of clause 136 relating to the requirements where land is sold by auction I think it was Sue Bradford who had the decency to recognise this lack of understanding. In her speech this morning she said she had a complete lack of knowledge of auctioneering. I guess that this situation would have got the select committee hearings off to a rocky start. I am not sure that the officials had other than a textbook understanding of auctioneering. 
The rocky start was not necessary and did not help but I can appreciate that for those not involved in auctions and auctioneering it is a system full of mystery uncertainty risk and it has potential for deception. It is none the less probably the world’s oldest system of having a commercial exchange of goods by competitive treating amongst a group of people with a common interest in an item or items of property. There were reports of auctions being held on battlefields in Roman times as a means of personal property disposal. The system in its simplest purest form is exactly that—it is simple. It is a call and a response. Goodness only knows who dreamt up clauses 137 to 141 but on the very first day of submissions it certainly lifted the eyebrows of lifetime-experienced auctioneers right over the top of their heads. 
So that those who are listening to this stage of the debate on the Real Estate Agents Bill can understand what we are talking about I point out that the legislation states that any auction for the sale of land whether the person conducting the auction is a licensee or licensed auctioneer under the Auctioneers Act 1928 must have a bidders record before any bids are taken at an auction. 
The CHAIRPERSON (Hon Clem Simich) 
: I am just wondering whether you are of the view that you are on Part 5. 
CHRIS AUCHINVOLE 
: No we are dealing with Part 1 Mr Chairperson— 
The CHAIRPERSON (Hon Clem Simich) 
: Good. 
CHRIS AUCHINVOLE 
: —where it lists auctioneers as being licensed to conduct sales. These conditions pertain to it so it is relevant from that point of view. The person’s name and address and the reference to one or more documents by which the identity of that person is proved is provided to auctioneers who perhaps are also involved in the sale of goods and chattels cattle and sheep and all of that sort of thing. Not only does one have to get the person’s name and establish a bidders record but also one has to have some document that identifies someone as the correct person. It goes on. In the case of the person bidding on behalf of another person the name and address of that other person and the reference to one or more documents by which the identity of that person is proved must be produced. Clause 137(5) states: “The person engaged to conduct the auction must keep the Bidders Record for at least 3 years and must keep all the Bidders Records made by the person together in the form of a register of Bidders Records.” That was a needless regulation.