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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42629
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Needing applicable Laws to Online Auctions, Specifically Business

Customer Question

Needing applicable Laws to Online Auctions, Specifically Business Conducted Auctions, where the site is owned and operated by a business which lists its own items, as well as other sellers items. Is there a National Regulation, or varied by state to state? and if so, then specifically seeking South Australia related. The types of regulations we are seeking, is more specific to Auction Companies' Obligations.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Your question may appear simple but in reality it is not that simple. The ACCC sets out the rules that apply. https://www.accc.gov.au/consumers/online-shopping/online-auctionsBecause there is no official auctioneer etc as you have in forma actions it is an agreement between the seller and the buyer. You hosting the site have to have detailed terms and conditions which are agreed to between you and all parties that use the services. There is no official law that governs then. The sellers have to make sure that comply with the Trade Practices act and the following article deals with thathttp://www.findlaw.com.au/articles/1833/internet-auctions-consumer-protection-and-the-trad.aspxFinally here is a detailed article dealing with Ebay and that covers the laws that apply but there is not auction laws etchttp://www.austlii.edu.au/au/journals/JlLawInfoSci/2008/4.htmlI hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon

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