                          AUCTIONEERS [ CAP. 342.        1
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.
Short title.
Interpretation.
"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.
Auctioneers.
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.
Licences to be 
issued by Minister.
Amended by:
XXVII. 2001.33.
Cap. 441.
4. (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.
Power to make 
regulations.
5. 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
that shall be kept by auctioneers, the form and manner
  2      CAP. 342. ]                AUCTIONEERS
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. 
Offences and 
penalties. 
Amended by: 
VIII.1990.3.
6. 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 fifty liri but not exceeding five hundred liri; 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.
Liability of 
auctioneer for 
articles placed in 
his custody.
7. 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.
Auctioneer’s 
responsibility in 
respect of 
description of 
goods to be sold by 
auction.
8. (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 subsection, to enforce the rights granted to
him by this subsection, must be brought not later than three months
from the date of the said request, which term may not be
interrupted or suspended.
Other laws. 9. 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.
Savings. 10. (1) Any auctioneer who is licensed under the Auctioneers
Law *  on the coming into force of this Act and any person who has
                          AUCTIONEERS [ CAP. 342.        3
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.
