For licensed real estate agents
A person who holds a branch manager's or salesperson's licence may conduct auctions to sell property on behalf of a licensed real estate agent without having to be a registered auctioneer.
Licensed real estate agents may conduct auctions
Under Section 48 of the Real Estate Agents Act, licensed real estate agents are exempt from the requirement to register as an auctioneer. Any person who holds an agent’s licence may “sell or offer to sell land by auction”. Land is defined in Section 4 of the Real Estate Agents Act.
Agents/agencies that are both real estate agents and auctioneers
A licensed real estate agent that's also a registered auctioneer must comply with their obligations under the Auctioneers Act. These requirements include those in Sections 17 and 18 of the Act relating to maintaining updated auctioneer records.
A licensed real estate agent that is also a registered auctioneer may conduct auctions under its agency banner or brand name without including a reference to its registered auctioneer status. We recommend you seek independent legal advice regarding your obligations.
Auctions other than for land
Under the Real Estate Agent Act, licensed real estate agents are only authorised to sell or offer to sell land (as that term is defined in the Real Estate Agents Act) by auction without registering as an auctioneer.
Thus, prior to conducting an auction for anything other than land, you should determine whether the Auctioneers Act requires you to register to conduct that auction.
If you're a licensed real estate agent, we recommend you seek independent legal advice prior to conducting an auction for anything other than land.