Page:Mock Auctions Act 1973 (New South Wales).pdf/3

291 Mock Auctions.


 * (c) anything done in or about the place where a sale of goods by way of competitive bidding is held, if done in connection with the sale, shall be taken to have been done during the course of the sale whether it is done at the time when any goods are being sold or offered for sale by way of competitive bidding or before or after any such time.

4. (1) A person shall not promote or conduct or assist in the promotion or conduct of a mock auction at which one or more lots to which this Act applies are offered for sale.

Penalty: $800 or imprisonment for twelve months.

(2) Subject to subsection (3), for the purposes of this Act a sale of goods by way of competitive bidding shall be a mock auction if, but only if, during the course of the sale—
 * (a) any lot to which this Act applies is sold to a person bidding for it and either—
 * (i) it is sold to him at a price lower than the amount of his highest bid for that lot; or
 * (ii) part of the price at which it is sold to him is repaid or credited to him or is stated to be so repaid or credited;
 * (b) the right to bid for any lot to which this Act applies is restricted, or is stated to be restricted, to persons who have bought or agreed to buy one or more articles; or
 * (c) any articles are given away or offered as gifts.