RESTRICTED & PROHIBITED ITEMS
All listing must comply with the guidelines below and must comply with all applicable laws.
This policy must be read in conjunction with our User Agreements. By selecting I AGREE you confirm you have read this policy, along with Our User Agreement and that YOU UNCONDITIONALLY ACCEPT THE TERMS AND CONDITIONS detailed within. If you are unable to agree to them, you must not use the Website.
We reserve the right to remove any listings which breach the restricted item conditions or advertise, sell, cause or permit the supply of prohibited items. We also reserve the right to suspend or terminate Membership should these guidelines be breached.
We may, at our sole discretion, amend or revise these items at any time by updating the text of this page. You are bound by any such amendments or revision and should therefore visit this page before listing any item to review. All registered Members will be notified of any amendments to our terms and conditions sent to the email address provided by the Member to the Website.
Restriction & Prohibition relating to Donated Items
In addition to adhering to the policies below, Members listing or raising funds on behalf of any Nominated Club or Charity must also ensure all listing adhere to any additional terms and conditions issued by the Nominated Club or Charity, including but not limited to restricted and prohibited items.
The named Club or Charity reserves the right to reject any listings which breach their terms and conditions. Should minor amendments be required the Nominated Club or Charity may notify the Donor to amend.
Items which We permit as a listing but restrict under specific rules and conditions on how they are listed include the below. See detailed information on each item at the bottom of this policy.
The following list is not intended to be an exhaustive statement of restricted items.
- Animals (including Pets)
- Downloadable Media
- Real Estate
- Tickets to Events
- Tickets Over Face Value
- Used Clothing
- Wine (see Alcohol)
Items which We strictly prohibit under any circumstanced include the below. See detailed information on each item at the bottom of this policy.
The following list is not intended to be an exhaustive statement of prohibited items.
- Adult Related & Category Restricted items
- Animals, Animal Products, Organs or any Body Parts
- Artefacts and Heritage Items
- Copyright-infringing, Replica and Counterfeit Items
- Crime, Violence or Hatred
- Drugs and Drug Paraphernalia
- Electronic Surveillance equipment
- Gaming Devices
- Hazardous Materials
- Lock Picking Devices
- Noxious Weeds
- OEM Software
- Police and Emergency Services Related Items
- Postage Stamps
- Radio Communications Devices
- Software That Accesses the Website
- Stolen Goods
- Therapeutic Goods
- Used Cosmetics
- Weapons, Knives and Firearms
Adult Related & Category Restricted Items
Including items of a pornographic nature the following classified and category restricted items are also prohibited:
- Category 1 Restricted
- Category 2 Restricted
- X 18+
- RC (refused classification)
- Unclassified items that would or might have one of the above classifications if they were classified
- Unclassified "submittable publications", as that term is defined in the Classification (Publications, Films and Computer Games) Act 1995
- Unclassified films and unclassified computer games
- Adult services and products
- Images or content which is adult or sexually related or inappropriate for people under 18.
Alcohol (including Wine)
You may only list alcohol or wine on the Website if you have a valid licence to do so and are acting within the bounds of that licence. You must:
- display your licence number on all listings;
- display the following notice on all listings for alcohol or wine: 'It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.'
- ensure that all sales of alcohol or wine comply with the relevant State laws;
- comply with relevant rules and guidelines relating to the advertisement of alcohol (refer to Alcohol Beverages Advertising Code (ABAC) http://www.abac.org.au/for more information).
- ensure that no alcohol or wine is purchased by or delivered to any person under the legal age to purchase alcohol.
- A signature must be obtained upon delivery (note Australia Post is unable to solicit age verification upon delivery of an item).
- Alcohol and Wine may only be traded domestically, within Australia.
We may, but are under no obligation to, verify the validity of your licence to sell alcohol. If requested to do so, you must cooperate with a request by Us to supply any further evidence in relation to your licence or right to list alcohol for sale. If We are not satisfied that you are entitled to list alcohol or wine, it may remove any current listings for alcohol or wine placed by you without notice.
Animals, Animal Products, Organs or any Body Parts
You must not list any illegal animal/wildlife products or internal organs including human parts & remains.
You must not list any animals deemed to be restricted breeds under the Commonwealth Customs (Prohibited Imports) Regulations 1956.
Pets can be listed in the Animals category. Most pets MUST be at least 8 weeks old before they can be released. Ensure you follow state laws relating to vaccination, micro chipping and de sexing.
Artefacts and Heritage Items
You must not list any artefacts or heritage items on the Website.
While art is permitted to be listed on the Website it is our intention to prohibit listings containing words and/or illustrations that are, in our opinion, vulgar, degrading, obscene or offensive. Items listed in the Art category (including but not limited to, paintings, photography, prints, drawings, carvings and sculptures) must be appropriate for a minor to view. Photographic art cannot contain images that display frontal nudity or any visual representation of human genitalia or nipple. In addition, artwork must not depict anyone who is or appears to be a minor (under 16 years of age).
Copyright-infringing, Replica and Counterfeit Items
You must not list items or include content which breaches any copyright or other intellectual property rights.
Unauthorised replicas and counterfeits are not allowed to be listed on the Website. If you are unsure if an item is genuine, do not list it on the Website. (Any product that bears a trade mark not owned by the manufacturer or used under the trade mark owner's licence, must not be listed.)
Crime, Violence or Hatred
You must not list items that relate to crime or an act of crime, or relate to violence or hatred or items that are religiously or racially offensive.
Items that can be downloaded (digital) can only be listed by Sellers that own the intellectual property or are authorised to distribute the intellectual property by the intellectual property owner.
Drugs and Drug Paraphernalia
You must not list any controlled prescription drugs herbal or chemical on the Website. The sale of bongs, ice pipes and other drug-taking paraphernalia is illegal and will not be allowed on the Website, whether or not the bong or pipe was intended to be used to administer a prohibited drug.
Electronic Surveillance equipment
You must not list items such as wiretapping devices and telephone bugging devices.
You must not list any fireworks or explosives on the Website.
All food listed on the Website, must comply with Food Safety Standards.
The term "food business" refers to a business, enterprise or activity that involves:
(a) the handling of food intended for sale; or
(b) the sale of food
Regardless of whether the business, enterprise or activity concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only, when listing food on the Website, the following Australian standards must be adhered to:
- the packaging material used, must be fit for its intended purpose;
- the material used must be deemed to be unlikely to cause food contamination;
- any threats of contamination must be eliminated during the packaging process
- when transporting food, all food must be protected from the likelihood of contamination;
- all potentially hazardous food must be transported under the required temperature control;
- all potentially hazardous food which is intended to be transported frozen, must remain frozen during the duration of the transportation.
You must not list any gaming devices or machines e.g. Poker, slot, roulette.
You must not list any Hazardous materials- chemical, biological or radioactive.
Livestock are permitted to be sold on the Website however the sale and transfer of livestock must comply with government and industry regulations set out below.
Selling or Moving Livestock
- If selling or moving livestock to another property the vendor needs to supply a fully completed National Vendor Declaration (NVD).
- When consigning cattle or sheep and goats to a sale yard or abattoir the vendor needs to have a fully completed NVD
- Where cattle are moved to another property with a different Property Identification Code (PIC) the National Livestock Identification System (NLIS) tag needs to be transferred on the NLIS database, which will require the PIC of origin and the destination property PIC and date of movement. This property to property transfer is required within 7 days of movement. It is the legal responsibility of the receiver to transfer the NLIS tag details. A stock agent might facilitate this transfer.
- Where cattle are consigned through a sale yard, the sale yard operator will do the required transfer of NLIS tag details from PIC of origin to destination PIC.
- Currently (1st January 2013) there is no requirement in Victoria to transfer NLIS tag details for sheep moving from one property to another. This is only required for sale yard transactions (mob based movement). However, where sheep are moved from one property to another, the vendor ideally should supply a completed NVD and/or sheep health statement to the receiver.
- When sheep are consigned to a sale yard or direct to an abattoir, a fully completed sheep NVD is required. This NVD requires all the PICs of origin (of the consigned sheep) to be listed on the NVD, or alternatively, pink post-breeder NLIS sheep tags can be applied to the non-vendor bred sheep, and then only require the consigning property PIC is required on the NVD.
Land Transport of Livestock
Land transport of livestock must comply with the Australian Animal Welfare Standards. The Land Transport Standards cover the process of land transport of livestock by road or rail. From an animal welfare perspective, this process commences at the time that animals are first deprived of feed and water prior to loading to the time that livestock have access to water (with the exception of day old chicks and poultry sent for processing) at the completion of the journey (destination) and includes:
- mustering and assembly
- handling and waiting periods prior to loading
- loading, journey duration, travel conditions, spelling periods
- unloading and holding time.
These Land Transport Standards apply to all people responsible for the care and management of livestock that are transported throughout the entire process including agents, transport operators and people on farms, at depots, sale yards, feedlots and processing plants. These Land Transport Standards apply to the major commercial livestock species; cattle, sheep, pigs, goats, poultry (broilers, layers, turkeys, ducks, geese), ratites (emus and ostrich), buffalo, deer, camels, alpacas and horses (including horses used for sport and recreation). For more information visit www.animalwelfarestandards.net.au or www.animalhealthaustralia.com.au.
Lock Picking Devices
You must not list any lock picking or lock smithing device including key cutters.
Before listing plants or seeds ensure you are aware and up-to-date with the current legislation for noxious weeds. Plants or seeds that are officially listed as a noxious weed must not be listed on the Website.
You must not list Original Equipment Manufacturer software (OEM) on the Website unless listed with the specified accompanying hardware.
You must not list pharmaceuticals and prescribed medication.
Police and Emergency Services Related Items
You must not list any official or recent issue Police or Emergency services uniforms, equipment or related items on the Website.
Used and "washed" Australia Post postage stamps offered for sale, with the obvious intention that they will be re-used must not be listed on the Website. Any listing that offers the sale of "uncancelled stamps" must be accompanied by a clear warning which draws viewer's attention to the provisions of section 471.5 of the Commonwealth Criminal Code.
The Website is for auction items only and raffle tickets are only permitted in Ticketed Events.
Radio Communications Devices
Mobile telephone jammers, GPS (Global Positioning System) jammers and mobile telephone boosters must not be listed on the Website. Jammers in particular are prohibited devices and cannot be sold or used within Australia. Any Radio communicating devices, including boosters must also comply with any applicable Australian standards in line with the Radio communications Act 1992. The holder / operator of such items may also need to be licensed / qualified prior to using certain frequency bands. Refer to the Australian Communications and Media Authority (ACMA) Website for further details.
Real estate can be listed on the Website but due to the complicated laws governed by the sale of real estate, real estate items won on the Website are not legally binding. Sellers can list real estate as a way to advertise their real estate to potential buyers.
Clubs and Charities are obligated to adhere to the following in relation to listing an item under the Services Category:
(a) Service must be located in, and only offer Services within, Australia.
(b) Clubs and Charities must not place multiple listings for the same Service at the same time.
(c) The Service must be listed with a maximum expiry date of 60 days after purchase.
(d) When listing a price for the Service, you must list prices and fees in Australian dollars and include GST in the price. All tax obligations are the responsibility of the Club, Charity and/or Member using the Service (as the parties determine).
(e) The listing may only contain a URL for a Website that contains further information on the service you have listed.
(f) Clubs and Charities will only enter listings that are accurate, current, complete, and include all relevant information about the Services to be provided. You must list Services in the most appropriate category.
(g) You must promptly respond to queries received by members in relation to Services listed.
(h) You agree not to post, or to encourage or procure others to post, ratings and/or comments about Services, which are untrue, inaccurate or misleading.
Software That Accesses the Website
You must not list software which directly or indirectly accesses the Website and database without approval by Us.
Goods to which you are not the legal owner or which you are not otherwise legally entitled to sell must not be listed on the Website.
Therapeutic goods, unless exempt, must be entered as either 'registered' or 'listed' goods and have their "Aust L" or "Aust R" number displayed in the description when being listed on the Website. All listed medicines must display an "AUST L" number on the label and all registered medicines must display an "AUST R" number on the label as required by the Therapeutic Goods Administration (TGA). "
Tickets to Events
Please note, should you be the Event Organiser you must refer to Our Terms and Conditions relating to the Provision of Ticketing.
While not prohibited by Us, the re-sale of event tickets (eg: tickets to concerts, theatre events, sporting events) is often controlled by the ticket issuer or promoter of the event. In some circumstances, the resale of tickets to sporting and entertainment events may be prohibited or restricted under legislation and/or the terms and conditions set by the ticket issuer. For example, in some States, it is illegal to resell tickets for certain events for a price above their face value. Alternatively, the ticket terms and conditions may prevent you from reselling the ticket at all. In some States, it may also be illegal to buy a ticket which is being sold illegally. It is the ticket Seller's responsibility to ensure that the sale of the ticket does not contravene the ticket terms and conditions or any applicable law. We recommend that you refer to the ticket terms and conditions or contact the ticket issuer for more information before buying or selling event tickets.
Tickets Over Face Value
We do not allow tickets to be re-sold beyond their face value (referred to as ticket scalping). To prevent tickets being sold over their face value they must be listed as "Buy Now Only" (instant purchase, no auction) items with a price below or equal to the face value.
You must not list tobacco which includes cigarettes, cigars, and smokeless tobacco on the Website. Tobacco related items may be allowed for sale with the exception of bongs, ice pipes or any other drug-taking paraphernalia.
Clothing such as sporting apparel that has been used may be listed on the Website, however, the garment must be cleaned before sending. Sporting apparel of significance e.g. match day jumpers worn by AFL players that are sold as fundraisers are exempt and can be listed without being cleaned.
Used cosmetics must not be listed on the Website.
Weapons, Knives and Firearms
Weapons must not be listed on the Website with the exception of some knives such as Chef or kitchen knives. Knives advertised on the Website must comply with current Australian laws, see for example Control of Weapons Regulations 2000 (VIC). Sellers must not list any items that are deemed to be prohibited weapons.
Firearms, including collectable/antique/replica firearms must not be listed on the Website (even if the holder of the firearm is licensed and has rendered the item permanently inoperable). Replica firearm includes any reasonable facsimile or copy of a weapon, such as a toy or polyurethane resin gun. Firearm parts, including but not limited to a: barrel, breech, pistol slide, frame, receiver, cylinder, trigger mechanism, operating mechanism or magazine designed as, or reasonably capable of forming part of a firearm, also must not be listed on the Website.
All Ammunition, Bullets and Projectiles whether live or inert, is prohibited on the Website along with any specific individual component used to create a live round of ammunition; including, but not limited to propellant, shells and primers.