reg 1Title
These Regulations may be cited as the Price Exploitation
Prevention Regulations 2026.
These Regulations may be cited as the Price Exploitation
Prevention Regulations 2026.
These Regulations commence on the day after the day on which they are made.
In these Regulations:
infringement notice, for Part 2, see regulation 5.
infringement notice offence, for Part 2, see regulation
4(1).
prescribed amount, for Part 2, see regulation 4(2).
Part 2 Infringement notice offences
An infringement notice offence is an offence against a provision specified in the Schedule.
The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in the Schedule.
If the Controller or an authorised officer believes on reasonable grounds that a person has committed an infringement notice offence, the Controller or authorised officer may give a notice (an
infringement notice) to the person.
The infringement notice must specify the following:
(a) the name and address of the person to whom it is issued, if known;
the date the infringement notice is given to the person;
(c) the date and time of the infringement notice offence and the place at which the infringement notice offence occurred;
a description of the offence;
the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to which the prescribed amount is payable.
(2) The infringement notice must include a statement to the effect of the following:
(a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;
(b) the person may elect to have the offence dealt with by a court by:
(i) completing a statement of election and giving it to the specified enforcement agency; and
not paying the prescribed amount;
(c) if the Fines and Penalties (Recovery) Act 2001 applies to the infringement notice offence – enforcement action may be taken under that Act if the person does nothing in response to the notice.
(3) The infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b)(i).
If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the payee's bank account.
If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation.
If the prescribed amount for the infringement notice offence is paid in accordance with the infringement notice, the alleged offence is expiated and no further proceedings can be taken in relation to the offence.
(1) The Controller may withdraw the infringement notice by written notice given to the person.
The notice must be given:
(a) within 28 days after the infringement notice is given to the person; and
before payment of the prescribed amount.
This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.
This Part does not:
require an infringement notice to be given; or
affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or
prevent more than one infringement notice for the same offence being given to a person.
If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.
Schedule Infringement notice offences and prescribed amounts
regulation
4
Item |
Provision |
Prescribed amount in penalty units |
|
|
|
for individual |
for body corporate |
|
Price Exploitation Prevention Act 1949 |
|
|
1 |
section 14(4)(a), (b) and (c) |
20 |
100 |
2 |
section 15(1), (2) and (3) |
20 |
100 |
3 |
section 18(4)(a) |
20 |
100 |
4 |
section 23(2) |
20 |
100 |
5 |
section 25(2) |
20 |
100 |
6 |
section 26(5A) |
20 |
100 |
7 |
section 27(4A) |
20 |
100 |
8 |
section 28(1)(a) and (b) |
20 |
100 |
9 |
section 29 |
20 |
100 |
10 |
section 39(1) |
20 |
100 |
11 |
section 40(1) |
20 |
100 |
12 |
section 46(2) |
20 |
100 |
13 |
section 48(2) |
20 |
100 |
14 |
section 50(2) |
20 |
100 |
15 |
section 51(2) |
20 |
100 |
16 |
section 52(2) |
20 |
100 |
17 |
section 57(1) and (3) |
20 |
100 |