AUCTIONEERS ACT

AUCTIONEERS

CHAPTER 342

AUCTIONEERS ACT

To make provision for the licensing of Auctioneers and to regulate

auctioneering.

1st June, 1991

ACT XXV of 1990 , as amended by Acts VIII of 1990 and XXVII of

2001 ; and Legal Notice 424 of 2007 .

The short title of this Act is the Auctioneers Act.

In this Act, unless the context otherwise requires

"antique" means a work of art or an object of a geological,

palaeontological, archaeological or antiquarian importance and

which is at least one hundred years old;

"auctioneer" means a person who conducts public sales by

auction but does not include an auctioneer of animals, including

fish, whether alive or dead, food or agricultural produce;

"Minister" means the Minister responsible for trade and except

for the purposes of article 3(2) and article 5, includes, to the extent

of the authority given, any person authorised by the Minister in that

behalf for any purpose of this Act;

"prescribed" means prescribed by regulations under this Act.

(1) No person shall act as auctioneer at any auction unless

he is so licensed under the provisions of this Act.

(2) The provisions of subarticle (1) shall not apply to public

sales by auction conducted under the authority of the Courts of

Law, il-Monti, or any other public institution or department

authorised by the Minister to that effect.

(1) A licence to act as an auctioneer may be granted by the

regulatory authority under the Trading Licences Act under such

conditions as may be prescribed.

(2) Such licences shall be valid for the year of issue and may be

renewed for further periods of one year each ending on 31st

December of the year of renewal.

The Minister may make regulations for the better carrying

out of any of the provisions of this Act and in particular may make

regulations -

(a) regulating the business of auctioneers;

(b) prescribing the fees chargeable for the grant or

renewal of licences issued to auctioneers;

(c) prescribing the fees or commissions that may be

chargeable by auctioneers;

(d) prescribing the age and other qualifications for

eligibility to obtain a licence under this Act;

(e) prescribing the registers, books, accounts and records

AUCTIONEERS

that shall be kept by auctioneers, the form and manner

in which such documents shall be kept, and providing

for inspections thereof;

(f) prescribing the requirements of notices of auctions;

(g) providing for inspections of any premises used by

auctioneers for or in connection with their business;

(h) prescribing the duties of auctioneers and the notices to

be given by them in respect of any antique to be sold

by auction;

(i) prescribing any other matter that may be necessary for

giving effect to the provisions of this Act.

Any person who contravenes any of the provisions of this

Act or any regulation made thereunder, or infringes any condition

imposed in any licence under this Act shall, unless the act

constitutes a more serious offence under any other law, be guilty of

an offence against this Act and shall for each offence be liable on

conviction by the Court of Magistrates, to a fine (multa) of not less

than one hundred and sixteen euro and forty-seven cents (116.47)

but not exceeding one thousand and one hundred and sixty-four

euro and sixty-nine cents (1,164.69); and the court may, in addition

to such penalty, order the suspension or revocation of any licence

granted under this Act or that such offender be disqualified

temporarily or permanently from holding any such licence.

An auctioneer shall be responsible for the safe and proper

keeping of any article placed in his custody with him for sale by

auction, from the time it is passed into his custody by the seller

until the time it is collected from him by a buyer or returned to the

seller if unsold, and shall make good any breakage, damage or loss

of any such item occurring during the time that it is in the custody

of the auctioneer, if such breakage, damage or loss has occurred

due to the auctioneer’s negligence, imprudence or omission.

(1) An auctioneer shall be responsible for the correctness

of the contents of any catalogue used for the purpose of an auction

and for the correctness of any description of the goods to be sold by

auction which he may give even verbally during an auction.

(2) Without prejudice to any civil or other liability of the

auctioneer if within a period of one month from the last day of the

auction an item sold at an auction is found to be not according to

the description shown in the catalogue or otherwise given by the

auctioneer, the auctioneer shall on a request by the buyer refund to

the buyer the full amount paid for the article together with any fee

or commission that may have been paid by the buyer. An action by

a buyer who shall have made a request to an auctioneer within the

time mentioned in this subarticle, to enforce the rights granted to

him by this subarticle, must be brought not later than three months

from the date of the said request, which term may not be

interrupted or suspended.

The provisions of this Act shall not be deemed to exempt

any person from any requirement or liability imposed by or under

any other law.

AUCTIONEERS

(1) Any auctioneer who is licensed under the Auctioneers

Law * on the coming into force of this Act and any person who has

been working with a licensed auctioneer continually and

exclusively in the business of auctioneering for a period of at least

five years immediately preceding the coming into force of this Act

shall be deemed to be in possession of a licence under this Act, and

unless such licence expires at an earlier date it shall be deemed to

expire on the 31st day of December, 1990.

(2) Article 4 of the Auctioneers Law * and the Tariff ^ annexed

to that Law shall, until new fees are prescribed in accordance with

this Act, continue to apply to sales by auction.

*Repealed by this Act.

^Article 4 and the Tariff of the Auctioneers Law are reproduced hereunder (as updated

by Legal Notice 424 of 2007)

4. All licensed auctioneers shall, on sales by public auction, receive such fees as are

set out in the Tariff annexed to this law.

TARIFF

Fees payable to licensed Auctioneers in respect of sales by Public Auction

1. On sales of goods and property in general, other than the furniture, goods and

property mentioned in No. 2

From the seller ................................... one-half per cent

From the buyer ................................... one-half per cent.

2. On sales of household furniture, and of any other goods or property which may be

included in the same catalogue with household furniture

From the seller ................................... one-half per cent

From the buyer ................................... one-half per cent.

3. For goods bought in for account of the owner, no charge is to be made.

4. Nevertheless, in each of the cases under No.1, 2 and 3 of this Tariff, when the

time or place of sale in not left to the auctioneer’s discretion, he shall be entitled to a

minimum remuneration of one euro and sixteen cents (1.16) for each fore or after

noon’s attendance; and, where his attendance is specially engaged to attempt or make

a sale, such remuneration must be paid or made up to him by the owner of the

property, if no sale shall have been effected, or if the fees due by both parties shall not

amount cumulatively to the said remuneration. In case of sales requiring more than

one attendance, the minimum shall be computed on the average of the total amount of

the fees.

5. When, by mutual agreement, the auctioneer shall engage to collect the proceeds of

the property sold, the extra charge (if any) is not to exceed one-half per cent in the

case of the things mentioned in No. 1, or one per cent in the case of the things

mentioned in No. 2 of this Tariff.

6. Where an auctioneer agrees to receive into his own premises articles for sale by

auction, no charge for store-rent shall be made, if the articles are actually sold; but if

they are brought in for account of the owner, the auctioneer shall be entitled to a

remuneration not exceeding one-half per cent on the last bid, provided that the articles

are withdrawn by the owner within seven days after the day on which they were put up

for sale; but if left beyond that time, or if, at the request of the owner, the articles shall

not have been put up for sale, the auctioneer shall be entitled to a fair charge having

regard to the place and time occupied.