Price Exploitation Prevention Act 1949

(1A) The Controller may only make an order under subsection (1) or (5) if he or she is satisfied that the order is necessary to prevent price exploitation that may occur because of:

(a) a natural or man-made disaster (whether or not in the Territory) that has occurred and that may prevent consumers benefiting from the operation of a competitive market; or

(b) 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.

(1) The Controller may, with respect to any declared goods, from time to time by order:

(a) fix and declare the maximum price at which any such goods may be sold generally or in any part of the Territory; or

(b) declare that the maximum price at which any such goods may be sold:

(i) by any person, shall be such price as is fixed by the Controller by notice in writing to that person; or

(ii) by any body or association of persons, or any member of any such body or association, shall be such price as is fixed by the Controller by notice in writing to that body or association.

(2) In particular, but without limiting the generality of subsection (1), the Controller, in the exercise of his powers under that subsection, may fix and declare:

(a) different maximum prices according to differences in quality or description or in the quantity sold, or in respect of different forms, modes, conditions, terms, or localities of trade, commerce, sale or supply;

(e) maximum prices for cash, delivery or otherwise, and in any such case inclusive or exclusive of the cost of packing or delivery;

(f) maximum prices on landed or other cost, together with a percentage thereon or a specified amount, or both;

(g) maximum prices according to or upon any principle or condition specified by the Controller; and

(h) maximum prices relative to such standards of measurement, weight, capacity, or otherwise howsoever as he thinks proper, or relative to prices charged by individual traders on any date specified by the Controller, with such variations (if any) as in the special circumstances of the case the Controller thinks fit, or so that such prices shall vary in accordance with a standard, or time, or other circumstance, or shall vary with profits or wages, or with such costs as are determined by the Controller.

(3) The power conferred by paragraph (a) of subsection (1) to fix and declare by order the maximum price at which any declared goods may be sold shall for all purposes be deemed to be validly exercised by an order which fixes any such price by reference to a list of prices approved by the Controller and issued by a body or association of persons which is recognized by the Controller:

(a) in the case of sales by a producer or manufacturer of goods – to be representative of the producers or manufacturers, as the case may be, of the goods in relation to the sale of which the price is so fixed; and

(b) in the case of sales by a trader in goods – to be representative of the traders in the goods, in relation to the sale of which the price is so fixed.

(4) Where the Controller makes an order in the form authorized by subsection (3), the Controller shall, on application by a seller of the goods to which the order relates, furnish him with a copy of the list of prices referred to in the order.

(5) The Controller may, with respect to any declared service, from time to time by order:

(a) fix and declare the maximum rate at which any such service may be supplied or carried on generally or in any part of the Territory; or

(b) declare that the maximum rate at which any such service may be supplied or carried on:

(i) by any person shall be such rate as is fixed by the Controller by notice in writing to that person; or

(ii) by any body or association of persons, or any member of any such body or association, shall be such rate as is fixed by the Controller by notice in writing to that body or association.

(6) In particular, but without limiting the generality of subsection (5), the Controller, in the exercise of his powers under that subsection, may fix and declare:

(a) different maximum rates according to differences in the quality, description or volume of the service supplied or carried on or in respect of different forms, modes, conditions, terms or localities of trade, commerce or supply;

(f) maximum rates according to or upon any principle or condition specified by the Controller; and

(g) maximum rates relative to such standards as he thinks proper, or relative to the rates charged by individual suppliers on any date specified by the Controller, with such variations (if any) as in the special circumstances of the case the Controller thinks fit, or so that such rates will vary in accordance with a standard, or time, or other circumstance, or shall vary with profits or wages, or with such costs as are determined by the Controller.

(7) The power conferred by paragraph (a) of subsection (5) to fix and declare by order the maximum rate at which any declared service may be supplied or carried on shall for all purposes be deemed to be validly exercised by an order which fixes any such rate by reference to a list of rates approved by the Controller and issued by a body or association of persons which is recognized by the Controller to be representative of the persons who supply or carry on the service to which the order relates.

(8) Where the Controller makes an order in the form authorized by subsection (7) the Controller shall, on application by any person who supplies or carries on the service to which the order relates, furnish him with a copy of the list of rates referred to in the order.

(9) The Controller shall not exercise the powers conferred by paragraph (b) of subsection (1) or paragraph (b) of subsection (5) to fix by notice in writing to a body or association of persons the maximum price or rate at which the members of that body or association shall sell any goods or supply or carry on any service, unless that body or association:

(a) is recognized by the Controller as representative of the producers or manufacturers of or traders in those goods or of the persons who supply or carry on that service; and

(10) Where the Controller fixes by notice in writing to a body or association of persons the maximum price or rate at which the members of that body or association may sell any goods or supply or carry on any service:

(a) the secretary or other proper officer of the body or association shall:

(A) notify in writing the Controller that the notice has been received; and

(B) notify in writing the members about the contents of the notice and the date on which it was received;

(ii) make a record of the time at which and the manner in which he communicates to each member the matters specified in subparagraph (i); and

(b) the contents of the notice are to be presumed, unless the contrary is proved, to have been notified to a member at the time at which the notice to the members under paragraph (a)(i)(B) would, having regard to the means by which the secretary or other proper officer gave the notice, ordinarily have been received; and

(c) the notice shall take effect, in respect of any member, upon communication to him of its contents or upon the expiration of 7 days from its receipt by the secretary or other proper officer of the body or association, whichever is the earlier.

(11) The powers conferred by paragraph (a) of subsection (1) or by paragraph (a) of subsection (5) to fix and declare by order the maximum price at which any declared goods may be sold or the maximum rate at which any declared service may be supplied or carried on shall for all purposes be deemed to be validly exercised by an order which fixes and declares any such price or rate by reference to an order made under an Act of a State or another Territory of the Commonwealth relating to the regulation of prices in the State or Territory.

(12) An order under this section may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the order (including provisions requiring the keeping of records of matters relevant to the operation of the order).

(13) The mere production of an order made in pursuance of this section fixing and declaring:

(a) by reference to a list of prices, the maximum price at which any declared goods may be sold; or

(b) by reference to a list of rates, the maximum rate at which any declared service may be supplied or carried on,

or of a paper purporting to be a copy of any such order, shall in all courts be evidence that the list was at the date of the order approved by the Controller and issued by a body or association of persons recognized by the Controller to be:

(iii) representative of the persons who supply or carry on the service,

as the case may be.

(14) An order made under this section shall take effect upon the date specified in the order or, if no date is so specified, upon the date of the publication of the Gazette containing the order or a notification of the making of the order.

(15) The Controller must specify in an order made under this section the date, not more than 12 months after the date on which the order is made, after which the order is to cease to be of effect.

(a) is of no effect unless a date is specified in the order under subsection (15); and

(b) ceases to be of effect after the date specified under subsection (15), unless the order is earlier revoked.