1Short title and commencement
(1)
This Act may be cited as the Price Exploitation Prevention
Act 1949.
(2)
This Act shall come into operation on a date to be fixed by the
Minister by notice in the Gazette.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
This Act may be cited as the Price Exploitation Prevention
Act 1949.
This Act shall come into operation on a date to be fixed by the
Minister by notice in the Gazette.
The purposes of this Act are:
to prevent price exploitation arising consequential on the occurrence (whether or not in the Territory) of natural or man-made disasters that may prevent consumers benefiting from the operation of a competitive market; and
to prevent price exploitation that may occur because of the apparent failure of other laws to protect consumers from monopolies or to effectively ensure that consumers benefit from the operation of a competitive market within all or a part of the Territory.
In this Act, unless the contrary intention appears:
authorized officer means any person appointed by the Controller or a Deputy Controller to be an authorized officer for the purposes of this Act.
declared goods means any goods declared by the Administrator to be declared goods for the purposes of this Act.
declared service means any service declared by the Administrator to be a declared service for the purposes of this Act.
Deputy Controller means any person for the time being occupying the office of Deputy Controller of Prices.
price includes every valuable consideration whatsoever, whether direct or indirect.
rate includes every valuable consideration whatsoever, whether direct or indirect.
service means:
(a) any service supplied or carried on by any person or body of persons, whether incorporated or unincorporated, engaged in an industrial, commercial, business, profit making or remunerative undertaking or enterprise (including a professional practice);
(b) any rights or privileges for which remuneration is payable in the form of royalty, stampage, tribute or other levy based on volume or value of goods produced;
any rights under an agreement for the hiring of goods;
any rights under an agreement for the provision of lodging;
(e) any rights under an agreement (not being a lease) or a licence for the hiring of a hall; or
(f) any benefits under a contract of work and labour, or of work and labour and supply of materials.
the Controller means the person for the time being occupying the office, or performing the duties of the office, of Controller of Prices.
(2) A person who receives (otherwise than as agent) any valuable consideration from any other person in respect of the enjoyment by that other person of a service shall, for all purposes of this Act, be deemed to supply that service to that other person for the amount or value, or at the rate, as the case may be, of that valuable consideration.
(3) Where any agreement (including any lease) has been entered into, whether before or after the commencement of this Act, under which a person has become entitled to rights or privileges specified in paragraph (b), (c), (d) or (e) of the definition of service in subsection (1), the person from whom the rights or privileges have been acquired shall, for the purposes of this Act, be deemed to be supplying those rights or privileges, at all times during which the rights or privileges continue, at the rate of the remuneration charged therefor from time to time.
(4) Where the maximum rate of any such remuneration is, by virtue of any order or notice made or given after the making of any such agreement, and whether before or after the commencement of this Act, fixed under or by virtue of this Act at a rate lower than the rate otherwise payable under any such agreement, the agreement shall, while that maximum rate is in force, be deemed to be varied by the substitution of the rate so fixed for the rate otherwise payable under the agreement in respect of the exercise or enjoyment of any such rights or privileges after the date of the commencement of this Act, or after the date on which the maximum rate becomes applicable, whichever is the later.
The Commissioner of Consumer Affairs within the meaning of the
Consumer Affairs and Fair Trading Act 1990 is the Controller of Prices, except during a period in which a person holds office under subsection (2).
The Minister may, by notice in the Gazette, appoint a person to be the Controller of Prices for a period of not more than 3 years specified in the notice.
For the purposes of this Act, the Minister may appoint such
Deputy Controllers of Prices as are necessary.
It shall be the duty of each Deputy Controller to furnish reports and make recommendations to the Controller upon all matters referred to him by the Controller, and upon such other matters arising under this Act as he thinks fit.
(1) Subject to subsection (2), a person must not divulge or communicate information that the person has acquired by reason of being employed or engaged or otherwise concerned in, or in connection with, the administration or enforcement of this Act, except:
(a) with the consent of the person from whom the information was obtained;
in connection with the administration or enforcement of this Act;
to the Commissioner of Police; or
for the purposes of legal proceedings.
Maximum penalty: If the offender is a natural person –400 penalty units.
If the offender is a body corporate – 2 000 penalty units.
(2) Despite subsection (1), the Controller or a person authorised by the Controller may communicate information that the Controller considers should be communicated, for the purpose of the administration or enforcement of a law of the Commonwealth, the Territory, or a State or other Territory of the Commonwealth, to a Minister or official who has responsibility for the administration or enforcement of the law.
In this section:
Minister or official means a Minister, or an official, of the Crown in right of the Commonwealth or of the Territory or of any State or other Territory of the Commonwealth.
A person who, at any time whilst this Act is in operation, is the Minister, the Controller or a Deputy Controller shall not, at any time, be a compellable witness as to any act done by him in the course of his duties in relation to or under this Act or as to any matter which comes to his knowledge in consequence of those duties:
(a) in any proceedings against any person for contravening or failing to comply with:
a provision of this Act; or
(ii) a provision of an order made in pursuance of a provision of this Act, or in force by virtue of such provision;
(b) in any proceedings to which the Territory or the Controller or any officer is a party in relation to any matter arising under this Act; or
(c) in any proceedings in which the validity of an order made in pursuance of a provision of this Act or in force by virtue of such provision, is in issue.
(1) The Controller, a Deputy Controller, or any officer thereto authorized in writing by the Controller shall have power to:
summon witnesses;
take evidence on oath; and
require the production of documents, books and papers.
(2) Witnesses summoned in pursuance of subsection (1) may be paid such fees and allowances as are fixed by the Minister.
A person, having been summoned as a witness in pursuance of section
10 shall not fail, without lawful excuse, to appear in obedience to the summons.
Maximum penalty: 100 penalty units.
A person, having appeared as a witness before the Controller or a
Deputy Controller or an officer authorized in writing by the
Controller, whether summoned so to appear or not, shall not refuse, without lawful excuse, to take an oath when required to do so, or to produce documents, books and papers, or to answer questions which he is lawfully required to answer.
Maximum penalty: 100 penalty units.
(1) The Controller, a Deputy Controller or an authorized officer may require any person:
to furnish him with such information as he requires; or
to answer any question put to him,
in relation to any goods or services, whether declared or not, or to any other matter arising under this Act.
(2) The Controller, Deputy Controller, or officer thereto authorized in writing by the Controller may require the information to be given, or the question to be answered, on oath and either orally or in writing.
(3) The Controller, Deputy Controller or officer thereto authorized in writing by the Controller may, by notice in writing, require the information to be given, or the question to be answered, in writing and at the place specified in the notice.
(4) A person shall not, when required under this section to furnish information or answer a question:
(a) refuse or fail to furnish the information or to answer the question; or
(b) give any information or make any answer which is false in any particular; or
(c) refuse or fail to do so orally or in writing, and at the place, as required under this section.
Maximum penalty: If the offender is a natural person – 100 penalty units or imprisonment for 6 months.
If the offender is a body corporate – 500 penalty units.
(5) A person shall not be obliged to answer orally any question or questions unless he has first been informed by the Controller, or the Deputy Controller, or the authorized officer asking the question or questions that he is required and is obliged to answer by virtue of this section.
A person who carries on a business of selling goods or supplying services (whether declared or not) shall, upon being required so to do by the Controller or a Deputy Controller by notice in writing, produce, in accordance with the notice, to the Controller or Deputy
Controller, as the case may be:
all balance-sheets, manufacturing, trading, profit and loss, production and revenue accounts and all production, financial and statistical and similar statements prepared by that person or on his behalf in relation to his business of selling goods or supplying or carrying on a service; and
all documents of any kind (including documents of the kind referred to in section 57) which relate to the conduct of the business including the sale of the goods or the supply or carrying on of the service,
which are specified in the notice, and shall leave those balance-sheets, accounts, statements and documents with the
Controller or the Deputy Controller, as the case may be, or furnish him with copies thereof.
Maximum penalty: If the offender is a natural person –
100 penalty units.
If the offender is a body corporate – 500 penalty units.
Where any balance-sheet, account, statement or document required to be produced to the Controller or to the Deputy Controller, as the case may be, is in the possession or control of any person other than the person to whose business it relates, that first-mentioned person shall, upon being required so to do by the Controller or the Deputy
Controller, as the case may be, by notice in writing, produce to and leave with the Controller or the Deputy Controller, as the case may be, that balance-sheet, account, statement or document.
Maximum penalty: If the offender is a natural person –
100 penalty units.
If the offender is a body corporate – 500 penalty units.
A person who has been required to produce to the Controller or to the Deputy Controller, any balance-sheet, account, statement or document, shall, if the Controller or the Deputy Controller, as the case may be, so requires, permit the Controller or the Deputy
Controller, as the case may be, to make a copy of, or to take an extract from, that balance-sheet, account, statement or document.
Maximum penalty: If the offender is a natural person –
100 penalty units.
If the offender is a body corporate – 500 penalty units.
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