Petroleum Products Pricing Act 1983

Subject to subsection (5), the Commissioner may, with respect to any declared petroleum products or declared petroleum service, by order published in the Gazette fix —

the maximum price at which any declared petroleum products may be sold; or

the maximum rate at which any declared petroleum service may be supplied,

Without limiting the generality of subsection (1), the Commissioner may fix maximum prices or maximum rates —

differentially, according to differences in the quantity, quality, volume or description of the petroleum products sold or the petroleum services supplied, or by reference to different forms, modes, stages, conditions, terms or localities of trade, commerce, sale or supply;

for the whole or different parts of the State and differentially for different parts of the State;

on a sliding scale;

on and subject to any condition or circumstance;

for cash, delivery or otherwise, or on terms, and in any such case inclusive or exclusive of the cost of packing or delivery;

on landed cost, or other cost, together with a percentage thereon, or a specified amount, or both;

according to, or on, any principle or method of calculation specified by the Commissioner;

relative to such standards of measurement, weight, capacity or otherwise as he thinks proper, or relative to prices or rates charged by individual traders or suppliers on any date specified by the Commissioner, with such variations (if any) as in the special circumstances of the case the Commissioner thinks fit, or so that such prices or rates 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 Commissioner.

An order fixing a maximum price for the sale of motor fuel may apply to a particular terminal, as defined in Part IIIA.

An order may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of that order.

An order —

may, by an order published in the Gazette, be amended, varied or revoked by the Commissioner; and

takes effect —

on the day of its publication in the Gazette; or

subject to subsection (4a), on such day, or at such time on such day, as is specified in the order.

For the purposes of subsection (4)(b)(ii), there shall not be specified in an order a day earlier than the day of the publication of the order in the Gazette unless —

the order amends or varies another order, which other order fixes the maximum price at which a declared petroleum product may be sold, by increasing that maximum price; and

the sole reason for seeking to increase the maximum price referred to in paragraph (a) is the increase in cost occasioned to the manufacturer or seller of the declared petroleum product referred to in that paragraph by the imposition by or under a law of the State or of the Commonwealth of a fee, levy, duty, tax or other impost (in this subsection called the new impost) on or in relation to or by reference to that declared petroleum product or an increase in the rate of a fee, levy, duty, tax or other impost (in this subsection called the impost rate) so imposed on or in relation to or by reference to that declared petroleum product,

The Commissioner shall, before causing an order to be published in the Gazette, serve a draft of the proposed order on the Minister, and shall not cause the proposed order to be so published —

unless the Minister has within 7 days of the receipt of the draft of the proposed order informed the Commissioner that he does not propose to give to the Commissioner a direction to refrain from publishing the order; or

if the Minister, in the public interest, has within 7 days of the receipt of the draft of the proposed order directed the Commissioner to refrain from publishing the order,

The powers of the Commissioner of or in relation to fixing —

the maximum price at which any declared petroleum products may be sold; and

the maximum rate at which any declared petroleum service may be supplied,

For the purposes of this Act, and of any order, unless the contrary intention appears —

the sale of any petroleum products shall be deemed to include the supply in connection with that sale (whether or not for a separate remuneration) of any service customarily supplied by vendors in connection with such a sale without any separate remuneration;

the supply of any petroleum service shall be deemed to include the sale or supply in connection with the petroleum service (whether or not for a separate price or remuneration) of any goods customarily sold or supplied by persons supplying such a petroleum service without any separate price or remuneration; and

a maximum price fixed includes the cost of the wrapping or packaging of the petroleum products to which the price applies.