Refusal to supply service at fixed rate
20 Refusal to supply service at fixed rate
A person who supplies any controlled petroleum service shall not refuse or fail —
on demand for the supply of that controlled petroleum service; and
on tender of payment at the maximum rate fixed under this Act for the supply of that controlled petroleum service,
to supply that controlled petroleum service.
Penalty for this subsection: a fine of $20 000.
In proceedings in respect of an offence against subsection (1), it is a defence to show that, on the occasion in question —
the accused did not have sufficient capacity for service under his control to supply the controlled petroleum service demanded in addition to the controlled petroleum service required to satisfy —
all other contracts then subsisting under which he was obliged to supply that controlled petroleum service; and
the ordinary requirements of his business;
or
the accused —
would have had reasonable grounds for refusing or failing to supply the controlled petroleum service demanded to the person who demanded the supply of that controlled petroleum service, had had that controlled petroleum service not been a controlled petroleum service;
was acting in accordance with a practice for the time being approved by the Commissioner; or
otherwise had reasonable cause, not contrary to the objects and purposes of this Act, for so acting.
[Section 20 amended: No. 72 of 1983 s. 15; No. 73 of 2000 s. 13 and 14(1); No. 11 of 2001 s. 21(1); No. 84 of 2004 s. 82; No. 16 of 2025 s. 10(1).]
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