{"id":"price-exploitation-prevention-act-1949","name":"Price Exploitation Prevention Act 1949","slug":"price-exploitation-prevention-act-1949","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30430,"registerId":"nt-price-exploitation-prevention-act-1949-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"1 Short title and commencement\n(1) This Act may be cited as the Price Exploitation Prevention Act\n1949.\n(2) This Act shall come into operation on a date to be fixed by the\nMinister by notice in the Gazette.\n2 Purposes\nThe purposes of this Act are:\n(a) to prevent price exploitation arising consequential on the\noccurrence (whether or not in the Territory) of natural or man-\nmade disasters that may prevent consumers benefiting from\nthe operation of a competitive market; and\n(b) to prevent price exploitation that may occur because of the\napparent failure of other laws to protect consumers from\nmonopolies or to effectively ensure that consumers benefit\nfrom the operation of a competitive market within all or a part\nof the Territory.\n4 Interpretation\n(1) In this Act, unless the contrary intention appears:\nauthorized officer means any person appointed by the Controller\nor a Deputy Controller to be an authorized officer for the purposes\nof this Act.\ndeclared goods means any goods declared by the Administrator to\nbe declared goods for the purposes of this Act.\n\nPrice Exploitation Prevention Act 2\ndeclared service means any service declared by the Administrator\nto be a declared service for the purposes of this Act.\nDeputy Controller means any person for the time being occupying\nthe office of Deputy Controller of Prices.\nprice includes every valuable consideration whatsoever, whether\ndirect or indirect.\nrate includes every valuable consideration whatsoever, whether\ndirect or indirect.\nservice means:\n(a) any service supplied or carried on by any person or body of\npersons, whether incorporated or unincorporated, engaged in\nan industrial, commercial, business, profit making or\nremunerative undertaking or enterprise (including a\nprofessional practice);\n(b) any rights or privileges for which remuneration is payable in\nthe form of royalty, stampage, tribute or other levy based on\nvolume or value of goods produced;\n(c) any rights under an agreement for the hiring of goods;\n(d) any rights under an agreement for the provision of lodging;\n(e) any rights under an agreement (not being a lease) or a licence\nfor the hiring of a hall; or\n(f) any benefits under a contract of work and labour, or of work\nand labour and supply of materials.\nthe Controller means the person for the time being occupying the\noffice, or performing the duties of the office, of Controller of Prices.\n(2) A person who receives (otherwise than as agent) any valuable\nconsideration from any other person in respect of the enjoyment by\nthat other person of a service shall, for all purposes of this Act, be\ndeemed to supply that service to that other person for the amount\nor value, or at the rate, as the case may be, of that valuable\nconsideration.\n(3) Where any agreement (including any lease) has been entered into,\nwhether before or after the commencement of this Act, under which\na person has become entitled to rights or privileges specified in\nparagraph (b), (c), (d) or (e) of the definition of service in\nsubsection (1), the person from whom the rights or privileges have\nbeen acquired shall, for the purposes of this Act, be deemed to be\n\nPrice Exploitation Prevention Act 3\nsupplying those rights or privileges, at all times during which the\nrights or privileges continue, at the rate of the remuneration\ncharged therefor from time to time.\n(4) Where the maximum rate of any such remuneration is, by virtue of\nany order or notice made or given after the making of any such\nagreement, and whether before or after the commencement of this\nAct, fixed under or by virtue of this Act at a rate lower than the rate\notherwise payable under any such agreement, the agreement shall,\nwhile that maximum rate is in force, be deemed to be varied by the\nsubstitution of the rate so fixed for the rate otherwise payable under\nthe agreement in respect of the exercise or enjoyment of any such\nrights or privileges after the date of the commencement of this Act,\nor after the date on which the maximum rate becomes applicable,\nwhichever is the later.\n6 Controller\n(1) The Commissioner of Consumer Affairs within the meaning of the\nConsumer Affairs and Fair Trading Act 1990 is the Controller of\nPrices, except during a period in which a person holds office under\nsubsection (2).\n(2) The Minister may, by notice in the Gazette, appoint a person to be\nthe Controller of Prices for a period of not more than 3 years\nspecified in the notice.\n","sortOrder":0},{"sectionNumber":"7","sectionType":"section","heading":"Deputy Controllers","content":"7 Deputy Controllers\n(1) For the purposes of this Act, the Minister may appoint such Deputy\nControllers of Prices as are necessary.\n(2) It shall be the duty of each Deputy Controller to furnish reports and\nmake recommendations to the Controller upon all matters referred\nto him by the Controller, and upon such other matters arising under\nthis Act as he thinks fit.\n","sortOrder":1},{"sectionNumber":"8","sectionType":"section","heading":"Secrecy","content":"8 Secrecy\n(1) Subject to subsection (2), a person must not divulge or\ncommunicate information that the person has acquired by reason of\nbeing employed or engaged or otherwise concerned in, or in\nconnection with, the administration or enforcement of this Act,\nexcept:\n(a) with the consent of the person from whom the information was\nobtained;\n(b) in connection with the administration or enforcement of this\nAct;\n\nPrice Exploitation Prevention Act 4\n(c) to the Commissioner of Police; or\n(d) for the purposes of legal proceedings.\nMaximum penalty: If the offender is a natural person –\n400 penalty units.\nIf the offender is a body corporate –\n2 000 penalty units.\n(2) Despite subsection (1), the Controller or a person authorised by the\nController may communicate information that the Controller\nconsiders should be communicated, for the purpose of the\nadministration or enforcement of a law of the Commonwealth, the\nTerritory, or a State or other Territory of the Commonwealth, to a\nMinister or official who has responsibility for the administration or\nenforcement of the law.\n(3) In this section:\nMinister or official means a Minister, or an official, of the Crown in\nright of the Commonwealth or of the Territory or of any State or\nother Territory of the Commonwealth.\n","sortOrder":2},{"sectionNumber":"9","sectionType":"section","heading":"The Minister and others not compellable witnesses","content":"9 The Minister and others not compellable witnesses\nA person who, at any time whilst this Act is in operation, is the\nMinister, the Controller or a Deputy Controller shall not, at any time,\nbe a compellable witness as to any act done by him in the course of\nhis duties in relation to or under this Act or as to any matter which\ncomes to his knowledge in consequence of those duties:\n(a) in any proceedings against any person for contravening or\nfailing to comply with:\n(i) a provision of this Act; or\n(ii) a provision of an order made in pursuance of a provision\nof this Act, or in force by virtue of such provision;\n(b) in any proceedings to which the Territory or the Controller or\nany officer is a party in relation to any matter arising under this\nAct; or\n(c) in any proceedings in which the validity of an order made in\npursuance of a provision of this Act or in force by virtue of\nsuch provision, is in issue.\n\nPrice Exploitation Prevention Act 5\n","sortOrder":3},{"sectionNumber":"10","sectionType":"section","heading":"Power to summon witnesses, &c.","content":"10 Power to summon witnesses, &c.\n(1) The Controller, a Deputy Controller, or any officer thereto\nauthorized in writing by the Controller shall have power to:\n(a) summon witnesses;\n(b) take evidence on oath; and\n(c) require the production of documents, books and papers.\n(2) Witnesses summoned in pursuance of subsection (1) may be paid\nsuch fees and allowances as are fixed by the Minister.\n","sortOrder":4},{"sectionNumber":"11","sectionType":"section","heading":"Failure of witness to appear","content":"11 Failure of witness to appear\nA person, having been summoned as a witness in pursuance of\nsection 10 shall not fail, without lawful excuse, to appear in\nobedience to the summons.\nMaximum penalty: 100 penalty units.\n","sortOrder":5},{"sectionNumber":"12","sectionType":"section","heading":"Failure to take oath, produce documents or answer questions","content":"12 Failure to take oath, produce documents or answer questions\nA person, having appeared as a witness before the Controller or a\nDeputy Controller or an officer authorized in writing by the\nController, whether summoned so to appear or not, shall not refuse,\nwithout lawful excuse, to take an oath when required to do so, or to\nproduce documents, books and papers, or to answer questions\nwhich he is lawfully required to answer.\nMaximum penalty: 100 penalty units.\n","sortOrder":6},{"sectionNumber":"14","sectionType":"section","heading":"Power to obtain information","content":"14 Power to obtain information\n(1) The Controller, a Deputy Controller or an authorized officer may\nrequire any person:\n(a) to furnish him with such information as he requires; or\n(b) to answer any question put to him,\nin relation to any goods or services, whether declared or not, or to\nany other matter arising under this Act.\n(2) The Controller, Deputy Controller, or officer thereto authorized in\nwriting by the Controller may require the information to be given, or\nthe question to be answered, on oath and either orally or in writing.\n\nPrice Exploitation Prevention Act 6\n(3) The Controller, Deputy Controller or officer thereto authorized in\nwriting by the Controller may, by notice in writing, require the\ninformation to be given, or the question to be answered, in writing\nand at the place specified in the notice.\n(4) A person shall not, when required under this section to furnish\ninformation or answer a question:\n(a) refuse or fail to furnish the information or to answer the\nquestion; or\n(b) give any information or make any answer which is false in any\nparticular; or\n(c) refuse or fail to do so orally or in writing, and at the place, as\nrequired under this section.\nMaximum penalty: If the offender is a natural person –\n100 penalty units or imprisonment for\n6 months.\nIf the offender is a body corporate –\n500 penalty units.\n(5) A person shall not be obliged to answer orally any question or\nquestions unless he has first been informed by the Controller, or the\nDeputy Controller, or the authorized officer asking the question or\nquestions that he is required and is obliged to answer by virtue of\nthis section.\n","sortOrder":7},{"sectionNumber":"15","sectionType":"section","heading":"Production of balance-sheets and other accounts and","content":"15 Production of balance-sheets and other accounts and\nstatements\n(1) A person who carries on a business of selling goods or supplying\nservices (whether declared or not) shall, upon being required so to\ndo by the Controller or a Deputy Controller by notice in writing,\nproduce, in accordance with the notice, to the Controller or Deputy\nController, as the case may be:\n(a) all balance-sheets, manufacturing, trading, profit and loss,\nproduction and revenue accounts and all production, financial\nand statistical and similar statements prepared by that person\nor on his behalf in relation to his business of selling goods or\nsupplying or carrying on a service; and\n(b) all documents of any kind (including documents of the kind\nreferred to in section 57) which relate to the conduct of the\nbusiness including the sale of the goods or the supply or\ncarrying on of the service,\n\nPrice Exploitation Prevention Act 7\nwhich are specified in the notice, and shall leave those balance-\nsheets, accounts, statements and documents with the Controller or\nthe Deputy Controller, as the case may be, or furnish him with\ncopies thereof.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) Where any balance-sheet, account, statement or document\nrequired to be produced to the Controller or to the Deputy\nController, as the case may be, is in the possession or control of\nany person other than the person to whose business it relates, that\nfirst-mentioned person shall, upon being required so to do by the\nController or the Deputy Controller, as the case may be, by notice\nin writing, produce to and leave with the Controller or the Deputy\nController, as the case may be, that balance-sheet, account,\nstatement or document.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(3) A person who has been required to produce to the Controller or to\nthe Deputy Controller, any balance-sheet, account, statement or\ndocument, shall, if the Controller or the Deputy Controller, as the\ncase may be, so requires, permit the Controller or the Deputy\nController, as the case may be, to make a copy of, or to take an\nextract from, that balance-sheet, account, statement or document.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n","sortOrder":8},{"sectionNumber":"16","sectionType":"section","heading":"Power to enter premises and inspect documents","content":"16 Power to enter premises and inspect documents\n(1) The Controller, a Deputy Controller or an authorized officer may\nenter upon and search any premises and inspect any documents,\nbooks and papers and may inspect and take samples of any stocks\nof declared goods or of any other goods.\n(2) The Controller or a Deputy Controller or an authorized officer may\nimpound or retain any documents, books and papers produced to\nhim or inspected by him in pursuance of this section and may make\n\nPrice Exploitation Prevention Act 8\ncopies or abstracts of those documents, books and papers, or of\nany entries therein, but the person entitled to those documents,\nbooks and papers, shall, in lieu thereof, be entitled within a\nreasonable time to a copy certified as correct by the Controller or a\nDeputy Controller, and such certified copy shall be received in all\ncourts as evidence and as of equal validity to the original.\n","sortOrder":9},{"sectionNumber":"17","sectionType":"section","heading":"Preventing Controller etc. from entering premises etc.","content":"17 Preventing Controller etc. from entering premises etc.\nA person shall not prevent or attempt to prevent the Controller, a\nDeputy Controller, or an authorized officer, from entering upon any\npremises, or inspecting any documents, books and papers or\ninspecting or taking samples of any stocks of any declared goods,\nor any other goods, or from making copies or abstracts of any\ndocuments, books and papers, or of any entries therein.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n","sortOrder":10},{"sectionNumber":"18","sectionType":"section","heading":"Controller etc. may require returns to be provided","content":"18 Controller etc. may require returns to be provided\n(1) The Controller or a Deputy Controller may, by notice in writing,\nrequire a person to furnish to him, in accordance with the notice, a\nreturn setting forth to the best of the person's knowledge and ability\nthe following particulars or such of them as are specified in the\nnotice, namely:\n(a) the quantity of any goods in his possession or under his\ncontrol at a specified date;\n(b) the cost to that person of those goods;\n(c) the methods and principles in accordance with which he\narrives at that cost;\n(d) where the maximum price of the goods is not fixed in\npursuance of or by virtue of this Act, the prices, wholesale or\nretail, at which, and conditions on which, he has sold, sells or\nproposes to sell the goods;\n(e) the price, wholesale or retail, charged by the person on such\ndate as the Controller or a Deputy Controller specifies, for\nsimilar goods and the conditions of any such sale; and\n(f) such further particulars as are specified in the notice.\n\nPrice Exploitation Prevention Act 9\n(2) The Controller or a Deputy Controller may, by notice in writing\nrequire a person or body of persons engaged in the supply or\ncarrying on of any service to furnish to him, in accordance with the\nnotice, a return setting forth to the best of the person's knowledge\nand ability such particulars relating to such service as are specified\nin the notice.\n(3) A return furnished by a person under this section shall, in any\nproceedings under this Act, be admissible in evidence against that\nperson.\n(4) A person shall not:\n(a) refuse or fail to comply with any of the requirements of a\nnotice under this section; or\n(b) wilfully furnish a false or misleading return.\nMaximum penalty: If the offender is a natural person –\n100 penalty units or imprisonment for\n6 months.\nIf the offender is a body corporate –\n500 penalty units.\n","sortOrder":11},{"sectionNumber":"19","sectionType":"section","heading":"Power to declare goods and services","content":"19 Power to declare goods and services\n(1) The Administrator may, by notice in the Gazette, declare any goods\nto be declared goods for the purposes of this Act.\n(2) The Administrator may, by notice in the Gazette, declare any\nservice to be a declared service for the purposes of this Act.\n(3) A declaration by the Administrator in pursuance of this section may\nbe made generally or in respect of any part of the Territory or in\nrespect of any person or body or association of persons.\n","sortOrder":12},{"sectionNumber":"20","sectionType":"section","heading":"Determination of maximum prices, rates etc.","content":"20 Determination of maximum prices, rates etc.\n(1A) The Controller may only make an order under subsection (1) or (5)\nif he or she is satisfied that the order is necessary to prevent price\nexploitation that may occur because of:\n(a) a natural or man-made disaster (whether or not in the\nTerritory) that has occurred and that may prevent consumers\nbenefiting from the operation of a competitive market; or\n(b) the apparent failure of other laws to protect consumers from\nmonopolies or to effectively ensure that consumers benefit\nfrom the operation of a competitive market within all or a part\nof the Territory.\n\nPrice Exploitation Prevention Act 10\n(1) The Controller may, with respect to any declared goods, from time\nto time by order:\n(a) fix and declare the maximum price at which any such goods\nmay be sold generally or in any part of the Territory; or\n(b) declare that the maximum price at which any such goods may\nbe sold:\n(i) by any person, shall be such price as is fixed by the\nController by notice in writing to that person; or\n(ii) by any body or association of persons, or any member of\nany such body or association, shall be such price as is\nfixed by the Controller by notice in writing to that body or\nassociation.\n(2) In particular, but without limiting the generality of subsection (1), the\nController, in the exercise of his powers under that subsection, may\nfix and declare:\n(a) different maximum prices according to differences in quality or\ndescription or in the quantity sold, or in respect of different\nforms, modes, conditions, terms, or localities of trade,\ncommerce, sale or supply;\n(b) different maximum prices for different parts of the Territory;\n(c) maximum prices on a sliding scale;\n(d) maximum prices on a condition or conditions;\n(e) maximum prices for cash, delivery or otherwise, and in any\nsuch case inclusive or exclusive of the cost of packing or\ndelivery;\n(f) maximum prices on landed or other cost, together with a\npercentage thereon or a specified amount, or both;\n(g) maximum prices according to or upon any principle or\ncondition specified by the Controller; and\n(h) maximum prices relative to such standards of measurement,\nweight, capacity, or otherwise howsoever as he thinks proper,\nor relative to prices charged by individual traders on any date\nspecified by the Controller, with such variations (if any) as in\nthe special circumstances of the case the Controller thinks fit,\nor so that such prices shall vary in accordance with a\nstandard, or time, or other circumstance, or shall vary with\nprofits or wages, or with such costs as are determined by the\n\nPrice Exploitation Prevention Act 11\nController.\n(3) The power conferred by paragraph (a) of subsection (1) to fix and\ndeclare by order the maximum price at which any declared goods\nmay be sold shall for all purposes be deemed to be validly\nexercised by an order which fixes any such price by reference to a\nlist of prices approved by the Controller and issued by a body or\nassociation of persons which is recognized by the Controller:\n(a) in the case of sales by a producer or manufacturer of goods –\nto be representative of the producers or manufacturers, as the\ncase may be, of the goods in relation to the sale of which the\nprice is so fixed; and\n(b) in the case of sales by a trader in goods – to be representative\nof the traders in the goods, in relation to the sale of which the\nprice is so fixed.\n(4) Where the Controller makes an order in the form authorized by\nsubsection (3), the Controller shall, on application by a seller of the\ngoods to which the order relates, furnish him with a copy of the list\nof prices referred to in the order.\n(5) The Controller may, with respect to any declared service, from time\nto time by order:\n(a) fix and declare the maximum rate at which any such service\nmay be supplied or carried on generally or in any part of the\nTerritory; or\n(b) declare that the maximum rate at which any such service may\nbe supplied or carried on:\n(i) by any person shall be such rate as is fixed by the\nController by notice in writing to that person; or\n(ii) by any body or association of persons, or any member of\nany such body or association, shall be such rate as is\nfixed by the Controller by notice in writing to that body or\nassociation.\n(6) In particular, but without limiting the generality of subsection (5), the\nController, in the exercise of his powers under that subsection, may\nfix and declare:\n(a) different maximum rates according to differences in the\nquality, description or volume of the service supplied or carried\non or in respect of different forms, modes, conditions, terms or\nlocalities of trade, commerce or supply;\n\nPrice Exploitation Prevention Act 12\n(b) different maximum rates for different parts of the Territory;\n(c) maximum rates on a sliding scale;\n(d) maximum rates on a condition or conditions;\n(e) maximum rates for cash or on terms;\n(f) maximum rates according to or upon any principle or condition\nspecified by the Controller; and\n(g) maximum rates relative to such standards as he thinks proper,\nor relative to the rates charged by individual suppliers on any\ndate specified by the Controller, with such variations (if any)\nas in the special circumstances of the case the Controller\nthinks fit, or so that such rates will vary in accordance with a\nstandard, or time, or other circumstance, or shall vary with\nprofits or wages, or with such costs as are determined by the\nController.\n(7) The power conferred by paragraph (a) of subsection (5) to fix and\ndeclare by order the maximum rate at which any declared service\nmay be supplied or carried on shall for all purposes be deemed to\nbe validly exercised by an order which fixes any such rate by\nreference to a list of rates approved by the Controller and issued by\na body or association of persons which is recognized by the\nController to be representative of the persons who supply or carry\non the service to which the order relates.\n(8) Where the Controller makes an order in the form authorized by\nsubsection (7) the Controller shall, on application by any person\nwho supplies or carries on the service to which the order relates,\nfurnish him with a copy of the list of rates referred to in the order.\n(9) The Controller shall not exercise the powers conferred by\nparagraph (b) of subsection (1) or paragraph (b) of subsection (5) to\nfix by notice in writing to a body or association of persons the\nmaximum price or rate at which the members of that body or\nassociation shall sell any goods or supply or carry on any service,\nunless that body or association:\n(a) is recognized by the Controller as representative of the\nproducers or manufacturers of or traders in those goods or of\nthe persons who supply or carry on that service; and\n(b) has requested the Controller in writing to exercise those\npowers.\n\nPrice Exploitation Prevention Act 13\n(10) Where the Controller fixes by notice in writing to a body or\nassociation of persons the maximum price or rate at which the\nmembers of that body or association may sell any goods or supply\nor carry on any service:\n(a) the secretary or other proper officer of the body or association\nshall:\n(i) as soon as practicable after receiving the notice:\n(A) notify in writing the Controller that the notice has\nbeen received; and\n(B) notify in writing the members about the contents of\nthe notice and the date on which it was received;\n(ii) make a record of the time at which and the manner in\nwhich he communicates to each member the matters\nspecified in subparagraph (i); and\n(iii) produce the record for inspection on demand by the\nController;\n(b) the contents of the notice are to be presumed, unless the\ncontrary is proved, to have been notified to a member at the\ntime at which the notice to the members under\nparagraph (a)(i)(B) would, having regard to the means by\nwhich the secretary or other proper officer gave the notice,\nordinarily have been received; and\n(c) the notice shall take effect, in respect of any member, upon\ncommunication to him of its contents or upon the expiration of\n7 days from its receipt by the secretary or other proper officer\nof the body or association, whichever is the earlier.\n(11) The powers conferred by paragraph (a) of subsection (1) or by\nparagraph (a) of subsection (5) to fix and declare by order the\nmaximum price at which any declared goods may be sold or the\nmaximum rate at which any declared service may be supplied or\ncarried on shall for all purposes be deemed to be validly exercised\nby an order which fixes and declares any such price or rate by\nreference to an order made under an Act of a State or another\nTerritory of the Commonwealth relating to the regulation of prices in\nthe State or Territory.\n(12) An order under this section may contain such incidental and\nsupplementary provisions as are necessary or expedient for the\npurposes of the order (including provisions requiring the keeping of\nrecords of matters relevant to the operation of the order).\n\nPrice Exploitation Prevention Act 14\n(13) The mere production of an order made in pursuance of this section\nfixing and declaring:\n(a) by reference to a list of prices, the maximum price at which\nany declared goods may be sold; or\n(b) by reference to a list of rates, the maximum rate at which any\ndeclared service may be supplied or carried on,\nor of a paper purporting to be a copy of any such order, shall in all\ncourts be evidence that the list was at the date of the order\napproved by the Controller and issued by a body or association of\npersons recognized by the Controller to be:\n(i) representative of the producers or manufacturers of the\ngoods;\n(ii) representative of the traders in the goods; or\n(iii) representative of the persons who supply or carry on the\nservice,\nas the case may be.\n(14) An order made under this section shall take effect upon the date\nspecified in the order or, if no date is so specified, upon the date of\nthe publication of the Gazette containing the order or a notification\nof the making of the order.\n(15) The Controller must specify in an order made under this section the\ndate, not more than 12 months after the date on which the order is\nmade, after which the order is to cease to be of effect.\n(16) An order made under this section:\n(a) is of no effect unless a date is specified in the order under\nsubsection (15); and\n(b) ceases to be of effect after the date specified under\nsubsection (15), unless the order is earlier revoked.\n","sortOrder":13},{"sectionNumber":"21","sectionType":"section","heading":"Sale of goods and supply of service in one transaction","content":"21 Sale of goods and supply of service in one transaction\n(1) The powers of the Controller of or in relation to fixing and declaring\nthe maximum price at which any declared goods may be sold and\nthe powers of the Controller of or in relation to fixing and declaring\nthe maximum rate at which any declared service may be supplied\nor carried on shall be deemed to extend to and in relation to the\nfixing and declaring of the maximum remuneration for the sale of\nany declared goods and the supply of any declared service for an\n\nPrice Exploitation Prevention Act 15\nundivided remuneration, and the provisions of this Act (whether\nrelating to the powers of the Controller or to any other matter) shall\napply, with the necessary changes, accordingly.\n(2) For the purposes of sections 29, 31, 33, 34, 40, 50, 51 and 57, a\ntransaction in respect of which a maximum remuneration has been\nfixed under subsection (1) shall be deemed to be the supply of a\ndeclared service at a rate equal to the undivided remuneration\ncharged, and the maximum remuneration so fixed shall be deemed\nto be the maximum rate fixed under this Act for the supply of that\nservice.\n(3) For the purposes of this Act, and of any order or notice under this\nAct, unless the contrary intention appears:\n(a) the sale of any goods shall be deemed to include the supply,\nin connection with the sale (whether or not for a separate\nremuneration) of any service customarily supplied by vendors\nin connection with such a sale without any separate\nremuneration; and\n(b) the supply or carrying on of any service shall be deemed to\ninclude the sale or supply, in connection with the service\n(whether or not for a separate price or remuneration) of any\ngoods customarily sold or supplied by persons supplying or\ncarrying on such a service without any separate price or\nremuneration.\n(4) For the purposes of this Act, and of any order or notice under this\nAct the sale of any declared goods and the supply of any declared\nservice for an undivided remuneration, if:\n(a) no maximum remuneration applicable to the transaction as a\nwhole is fixed under this Act; and\n(b) the transaction as a whole is not one which is, by reason of\nsubsection (3), deemed to be either a sale of goods or the\nsupply of a service,\nshall be deemed to be:\n(c) a sale of the declared goods at a price equal to so much of the\nundivided remuneration as bears to the whole of the undivided\nremuneration the same proportion as the maximum price fixed\nunder this Act for the sale of the goods bears to the sum of\nthat fixed price and the maximum rate fixed under this Act for\nthe supply of the service; and\n(d) a supply of the service at a rate equal to the remaining part of\nthe undivided remuneration.\n\nPrice Exploitation Prevention Act 16\n","sortOrder":14},{"sectionNumber":"22","sectionType":"section","heading":"Transactions may be declared to be sales","content":"22 Transactions may be declared to be sales\n(1) The Controller may, by order, declare that where a person (in this\nsection referred to as the agent) purchases goods (whether\ndeclared goods or not) as agent, or purported agent, for another\nperson (in this section referred to as the principal) and processes\nor treats the goods and delivers goods resulting from the\nprocessing or treatment to the principal, the carrying out of the\nagency (or purported agency) and the performance of the other\nservices by the agent shall, for the purposes of this Act, be deemed\nto be a sale of the goods so delivered by the agent to the principal\nat a price equal to the sum of the amounts paid or payable by the\nprincipal to the agent in respect of the agency and services\n(including the price paid by the agent for the goods purchased by\nhim) and the order shall, for the purposes of this Act, have effect\naccording to its tenor.\n(2) The Controller may, either generally by order or specifically by\nnotice in writing, exempt any person or class of persons from the\noperation of any order made in pursuance of this section.\n","sortOrder":15},{"sectionNumber":"23","sectionType":"section","heading":"Power to prohibit certain transactions","content":"23 Power to prohibit certain transactions\n(1) Where the Controller is of opinion that it is necessary so to do in\norder to prevent a person (in this section referred to as the vendor)\nwho carries on the business of selling declared goods or supplying\ndeclared services from continuing to operate a scheme which, in\nthe opinion of the Controller:\n(a) involves a departure from his normal course of trading;\n(b) would not be operated but for the provisions of this Act or of\nan order thereunder; and\n(c) has the effect that the real cost (taking into account losses\ninvolved in transactions connected with the scheme) to any\npurchaser or purchasers of goods from the vendor, of any\ndeclared goods so purchased, or to any person or persons to\nwhom services are supplied by the vendor, of any declared\nservices so supplied, is more than the maximum price or rate\nfixed under this Act for the sale of those goods or the supply\nof those services,\nhe may, by notice in writing directed to the vendor, specify a class\nof transactions (being, in the opinion of the Controller, a class of\ntransactions which is being used for the purposes of the scheme) to\nbe a class of transactions to which this section shall apply.\n\nPrice Exploitation Prevention Act 17\n(2) Except with the consent of the Controller, a person to whom a\nnotice under this section (duly given) is directed shall not, while the\nnotice remains unrevoked, enter into a transaction included in a\nclass of transactions specified in the notice.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(3) A notice under this section shall specify the class of declared goods\nor declared services in relation to which, in the opinion of the\nController, the scheme is being operated, but shall have full force\nand effect notwithstanding that it does not specify or describe the\nscheme which, in the opinion of the Controller, makes the notice\nnecessary.\n(3A) The Controller must specify in a notice under this section the date,\nnot more than 12 months after the date on which the notice is\ngiven, after which the notice is to cease to be of effect.\n(3B) A notice under this section:\n(a) is of no effect unless a date is specified in the notice under\nsubsection (3A); and\n(b) ceases to be of effect after the date specified under\nsubsection (3A), unless the notice is earlier revoked.\n(4) Any reference in this section to a person shall be deemed to include\na reference to persons included in a class of persons, and this\nsection shall apply, with the necessary changes, accordingly.\n","sortOrder":16},{"sectionNumber":"24","sectionType":"section","heading":"Power of Minister to suspend order, &c.","content":"24 Power of Minister to suspend order, &c.\n(1) Notwithstanding anything contained in this Act, the Minister may\nrequest the Controller to consider further any matter dealt with by\nan order made under section 20 or any part of any such order, and\nthe Controller shall, within 28 days from the date of any request so\nmade, report thereon to the Administrator.\n(2) Notwithstanding anything contained in this Act, the Minister may, by\nnotice in the Gazette, suspend the operation of an order made\nunder section 20, or a part of any such order, for a period not\nexceeding 28 days from the date of his request.\n(3) Upon the publication of the notice, the maximum price or rate (if\nany) which prevailed prior to the making of the order which has\nbeen suspended shall apply during the period of the suspension.\n\nPrice Exploitation Prevention Act 18\n(4) The Controller shall:\n(a) within the period specified in the suspension, report thereon to\nthe Minister; and\n(b) within that period confirm, amend, vary or revoke the order or\npart so suspended in conformity with his report to the Minister,\nand, on receipt of the report of the Controller, the Minister shall, by\nnotice in the Gazette, remove the suspension.\n","sortOrder":17},{"sectionNumber":"25","sectionType":"section","heading":"Power to prohibit sale of goods or supply of services before","content":"25 Power to prohibit sale of goods or supply of services before\nmaximum price or rate fixed\n(1) The Controller or a Deputy Controller may, by order, provide that a\nperson shall not sell any declared goods, or supply or carry on any\ndeclared service, unless and until that person has made a written\nrequest to the Controller or Deputy Controller to fix the maximum\nprice at which the goods may be sold or the maximum rate at which\nthe service may be supplied or carried on and the Controller or\nDeputy Controller has fixed the maximum price or the maximum\nrate accordingly.\n(2) A person must comply with an order made under subsection (1).\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(3) The Controller must specify in an order made under this section the\ndate, not more than 12 months after the date on which the order is\nmade, after which the order is to cease to be of effect.\n(4) An order made under this section:\n(a) is of no effect unless a date is specified in the order under\nsubsection (3); and\n(b) ceases to be of effect after the date specified under\nsubsection (3), unless the order is earlier revoked.\n\nPrice Exploitation Prevention Act 19\n26 Inter-wholesale transaction\n(1) Subject to this section, a wholesaler (in this section referred to as\nthe buyer) who purchases any declared goods from any other\nwholesaler (in this section referred to as the seller) shall not sell or\noffer for sale those goods at a price in excess of the cost to the\nbuyer.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) The buyer may sell or offer for sale any such goods at a price not\ngreater than the maximum price at which the seller was entitled to\nsell them in similar quantities at the time of sale, and the onus of\nascertaining that maximum price shall be upon the buyer.\n(3) A wholesaler who purchases any declared goods from a retailer\nshall not sell or offer for sale those goods at a price in excess of the\ncost to the retailer.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(3A) The onus of finding out the cost of goods to the retailer is on the\nwholesaler.\n(4) Notwithstanding anything contained in subsection (1), the buyer\nmay sell or offer for sale any goods at a price not exceeding the\nmaximum price which, after application by the buyer, the Controller\ndeclares to him in writing.\n(5) For the purposes of this section, the buyer may request the seller of\ngoods to supply him with such information as he deems necessary\nto enable him to comply with the provisions of this section.\n\nPrice Exploitation Prevention Act 20\n(5A) A seller of goods who is requested under subsection (5) by a buyer\nof the goods to supply information to the seller must, as soon as\nreasonably practicable, supply the information in writing to the\nbuyer.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(6) The Controller may, by order, exempt any person or class of\npersons from the whole or part of the requirements of this section.\n(7) In this section, wholesaler, in respect of any goods, means a\nperson who purchases those goods and sells or supplies them for\nresale or for manufacture for sale.\n(8) For the purposes of this section cost means:\n(a) in relation to any goods (not being goods to or in respect of\nwhich an order under subsection (9) applies) – the price paid\nor payable by the wholesaler who purchased the goods (in this\ndefinition referred to as the purchaser) to the wholesaler or\nretailer from whom he purchased them, plus any expenses\nwhich:\n(i) were specifically incurred by the purchaser in placing the\ngoods at the point of delivery by him for the purposes of\na sale by him; and\n(ii) at the time of the sale or offer for sale by the purchaser,\nwere recorded:\n(1) on a copy of an invoice for the goods which is held\nby the purchaser; or\n(2) in the books and accounts of the purchaser in such\na manner that they can be readily identified and\nclearly associated with the goods; or\n(b) in relation to any goods to or in respect of which an order\nunder subsection (9) applies – cost as defined in that order.\n(9) For the purposes of this section the Controller may, by order, define\nthe meaning of the term cost, in relation to:\n(a) any class of sale specified in the order;\n(b) any class of goods so specified; or\n\nPrice Exploitation Prevention Act 21\n(c) any class of persons so specified.\n","sortOrder":18},{"sectionNumber":"27","sectionType":"section","heading":"Inter-retail transaction","content":"27 Inter-retail transaction\n(1) Subject to this section, a retailer (in this section referred to as the\nretail buyer) who purchases any declared goods from any other\nretailer (in this section referred to as the retail seller) shall not sell\nor offer for sale those goods at a price in excess of the cost to the\nretail buyer.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) The retail buyer may sell or offer for sale goods at a price not\ngreater than the maximum price at which the retail seller was\nentitled to sell them in similar quantities at the time of sale, and the\nonus of ascertaining that maximum price shall be upon the retail\nbuyer.\n(3) Notwithstanding anything contained in subsection (1), the retail\nbuyer may sell or offer for sale any goods at a price not exceeding\nthe maximum price which, after application by the retail buyer, the\nController declares to him in writing.\n(4) For the purpose of this section, the retail buyer may request the\nretail seller of goods to supply him with such information as he\ndeems necessary to enable him to comply with the provisions of\nthis section.\n(4A) A retail seller of goods who is requested under subsection (4) by a\nbuyer of the goods to supply information to the seller must, as soon\nas reasonably practicable, supply the information in writing to the\nbuyer.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(5) The Controller may, by order, exempt any person or class of\npersons from the whole or part of the requirements of this section.\n\nPrice Exploitation Prevention Act 22\n(6) For the purposes of this section cost means:\n(a) in relation to any goods (not being goods to or in respect of\nwhich an order under subsection (7) applies) – the price paid\nor payable by the retail buyer to the retail seller, plus any\nexpenses which:\n(i) were specifically incurred by the retail buyer in placing\nthe goods at the point of delivery by him for a sale by\nhim; and\n(ii) at the time of the sale or offer for sale by the retail buyer\nwere recorded:\n(1) on a copy of an invoice for the goods held by the\nretail buyer; or\n(2) in the books and accounts of the retail buyer in\nsuch a manner that they can be readily identified\nand clearly associated with the goods; or\n(b) in relation to any goods to or in respect of which an order\nunder subsection (7) applies – cost as defined in that order.\n(7) For the purposes of this section the Controller may, by order, define\nthe meaning of the term cost, in relation to:\n(a) any class of sale specified in the order;\n(b) any class of goods so specified; or\n(c) any class of persons so specified.\n","sortOrder":19},{"sectionNumber":"28","sectionType":"section","heading":"Statements that prices approved by Controller prohibited","content":"28 Statements that prices approved by Controller prohibited\nwithout Controller's approval\n(1) Subject to subsection (2), a person shall not:\n(a) publish, print, circulate, announce (by way of broadcast by\nwireless transmission) or make public in any other manner\nwhatsoever, or cause to be published, printed, circulated,\nannounced (by way of broadcast by wireless transmission) or\nmade public in any other manner whatsoever, any notification\nrelating to any goods or service; or\n(b) sell or offer for sale any goods having affixed thereto or\nassociated therewith any label, brand or other mark,\n\nPrice Exploitation Prevention Act 23\ncontaining words stating or implying that any specified price or rate\nwith respect to any such goods or service has been approved by\nthe Controller.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) A person may, with the approval of the Controller, include in any\nsuch notification a statement in such form as is approved by the\nController, including an approval number allotted by the Controller\nto the particular approval, stating that a price or rate specified\ntherein has been approved by the Controller.\n29 Sale of goods subject to condition\nA person shall not, unless the consent in writing of the Controller\nhas first been obtained, sell or offer for sale any declared goods, or\nsupply or offer to supply any declared service, subject to a condition\nrequiring the buying of any other goods or the supply of any other\nservices, whether declared or not declared.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n","sortOrder":20},{"sectionNumber":"30","sectionType":"section","heading":"Offence to sell at price higher than maximum price","content":"30 Offence to sell at price higher than maximum price\n(1) A person shall not:\n(a) sell or offer for sale any declared goods at a greater price than\nthe maximum price fixed in relation thereto by or under this\nOrdinance for the sale of those goods; or\n(b) without the prior approval of the Controller, sell or offer for sale\nany declared goods upon terms or conditions different from\nthe terms or conditions upon which substantially identical\ngoods were sold by him on the prescribed date if such sale or\noffer for sale upon such terms and conditions would result\ndirectly or indirectly:\n(i) in a greater price than the maximum price fixed in\nrelation thereto being obtained; or\n\nPrice Exploitation Prevention Act 24\n(ii) in any other manner to the advantage of the seller.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) In addition to any penalty that may be imposed for a breach of\nsubsection (1), the court may order the defendant to refund to the\npurchaser the difference between the maximum price so fixed and\nthe price at which the goods were sold.\n(3) A certificate by the Controller or a Deputy Controller specifying the\ndifference between the maximum price fixed, in relation to the\ngoods the sale of which is the subject of any proceedings under\nsubsection (1), and the price at which the goods were sold shall, for\nthe purposes of subsection (2), be prima facie evidence of the\nmatters stated therein.\n(4) For the purposes of this section, a person on whose behalf or at\nwhose place of business any declared goods are sold or offered for\nsale at a greater price than the maximum price fixed, in relation\nthereto, under this Act, for the sale of those goods, whether the\ngoods are sold or offered for sale contrary to the instructions of the\nperson or not, shall be deemed to have contravened the provisions\nof this section, unless the court is satisfied that the sale or offering\nfor sale took place without his knowledge and that he has\nsystematically used all due diligence to secure observance of this\nAct.\n(5) For the purposes of this section, a person shall be deemed to offer\ngoods for sale at a particular price if he notifies that price as the\nprice proposed by him for a sale of the goods by the publication of a\nprice list, by exposing the goods for sale in association with a mark\nindicating price, by furnishing a quotation or otherwise howsoever.\n(6) In this section, prescribed date, in relation to the sale or offer for\nsale of any declared goods, means such date as is declared to be\nthe prescribed date in any order made with respect to those goods\nunder section 20.\n","sortOrder":21},{"sectionNumber":"31","sectionType":"section","heading":"Offence to charge excessive rate for service","content":"31 Offence to charge excessive rate for service\n(1) A person shall not:\n(a) supply or offer to supply any declared service at a higher rate\nthan the maximum rate fixed in relation thereto under this Act;\nor\n\nPrice Exploitation Prevention Act 25\n(b) without the approval of the Controller, supply or offer to supply\nany declared service upon terms and conditions different from\nthe terms and conditions upon which a substantially identical\nservice was supplied by him on the prescribed date if such\nsupply or offer to supply upon such terms and conditions\nwould result directly or indirectly:\n(i) in a greater rate than the maximum rate fixed in relation\nthereto being obtained; or\n(ii) in any other manner to the advantage of the supplier.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) In addition to any penalty that may be imposed for a breach of\nsubsection (1), the court may order the defendant to refund to the\nperson to whom the service was supplied the difference between\nthe maximum rate so fixed and the rate at which the service was\nsupplied.\n(3) For the purposes of this section, a person on whose behalf or at\nwhose place of business any declared service is supplied at a\nhigher rate than the maximum rate fixed in relation thereto under\nthis Act, whether the service is supplied at such rate contrary to the\ninstructions of such person or not, shall be deemed to have\ncontravened the provisions of this section, unless the court is\nsatisfied that the supply took place without his knowledge and that\nhe has systematically used all due diligence to secure observance\nof this Act.\n(4) For the purposes of this section, a person shall be deemed to offer\nto supply a service at a particular rate if he notifies that rate as the\nrate proposed by him for the supply of that service by the\npublication of a list of rates or prices, by furnishing a quotation, or\notherwise howsoever.\n(5) In this section, prescribed date, in relation to the supply or offer to\nsupply any declared service, means such date as is declared to be\nthe prescribed date in any order made with respect to that service\nunder section 20.\n\nPrice Exploitation Prevention Act 26\n","sortOrder":22},{"sectionNumber":"32","sectionType":"section","heading":"Enforcement of orders for refunds","content":"32 Enforcement of orders for refunds\nAn order made by a court under subsection (2) of section 30, or\nsubsection (2) of section 31, may be enforced as if the order were a\njudgment of that court in favour of the person to whom the refund\nhas been ordered to be made.\n","sortOrder":23},{"sectionNumber":"33","sectionType":"section","heading":"Sale of declared goods with undeclared goods, &c.","content":"33 Sale of declared goods with undeclared goods, &c.\n(1) It shall be a defence to a proceeding for an offence against\nsection 30 or 31, if the person alleged to have contravened either of\nthose sections proves:\n(a) that the declared goods or declared service, or both, were\nsupplied with undeclared goods or an undeclared service, or\nboth, at a total price; and\n(b) that the price for that portion of the total sale represented by\nthe undeclared goods or undeclared service, as the case may\nbe, was reasonable having regard to the cost or current\nmarket value of the undeclared goods or undeclared service.\n(2) In this section:\nundeclared goods means goods other than declared goods. and\nundeclared service means a service other than a declared\nservice.\n","sortOrder":24},{"sectionNumber":"34","sectionType":"section","heading":"Offering to pay higher price for declared goods etc.","content":"34 Offering to pay higher price for declared goods etc.\n(1) A person shall not knowingly:\n(a) pay for or offer to pay for;\n(b) hold himself out as being willing to pay for, or to offer to pay\nfor, or as being willing or able to obtain another person to pay\nfor; or\n(c) offer to act in connection with the payment for,\nany declared goods or declared service at a greater price or rate\n(whether by way of premium or otherwise howsoever) than the\nmaximum price or rate fixed in relation thereto by or under this Act\nfor the sale of those goods or the supply of that service.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n\nPrice Exploitation Prevention Act 27\n(2) Where the maximum price or rate relevant to any prosecution for a\ncontravention of this section is a price or rate fixed by notice in\nwriting to any person or body or association of persons, it shall be a\ndefence to the prosecution for the person charged to prove that he\nwas not aware of the fact that the price or rate had been so fixed.\n","sortOrder":25},{"sectionNumber":"35","sectionType":"section","heading":"Delivery of goods less in quantity or inferior in quality to those","content":"35 Delivery of goods less in quantity or inferior in quality to those\nsold\n(1) A person must not, without the consent of the Controller, deliver or\noffer to deliver or knowingly accept, or offer to accept, delivery of:\n(a) a quantity of declared goods, the maximum price of which has\nbeen fixed under this Act, that is less than the quantity agreed\nto be sold; or\n(b) goods inferior in quality to declared goods, the maximum price\nof which has been fixed under this Act, that were agreed to be\nsold.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) Subsection (1) does not apply to the delivery of goods if:\n(a) the agreement for the sale of the goods provides for delivery\nof the goods by instalments over a period; and\n(b) all of the goods are delivered within the time specified in the\nagreement.\n","sortOrder":26},{"sectionNumber":"36","sectionType":"section","heading":"Averment of prosecution","content":"36 Averment of prosecution\n(1) In any prosecution for a contravention of or failure to comply with\nany provision of this Act or any order made in pursuance of or in\nforce by virtue of this Act, the averment of the prosecutor made in\nwriting and served on the defendant as provided by this section\nshall be prima facie evidence of the matter or matters averred.\n(2) Subsection (1) shall apply to any matter so averred although:\n(a) evidence in support or rebuttal of the matter averred or of any\nother matter is given by witnesses; or\n(b) the matter averred is a mixed question of law and fact, but in\nthat case the averment shall be prima facie evidence of the\nfact only.\n\nPrice Exploitation Prevention Act 28\n(3) Any evidence given by witnesses in support or rebuttal of a matter\nso averred shall be considered on its merits and the credibility and\nprobative value of such evidence shall neither be increased nor\ndiminished by reason of this section.\n(4) This section shall not apply to an averment of the intent of the\ndefendant.\n(5) No averment shall be made under this section unless the Director\nof Public Prosecutions is satisfied that the averment is reasonably\nnecessary for the due administration of justice and will not impose\nhardship upon or occasion injustice to the defendant and certifies in\nwriting accordingly on the paper containing the averment.\n(6) An averment shall not be evidence for the purposes of this section\nunless a copy of the paper containing the averment has been\nserved on the defendant in the same manner as the process\nrequiring this attendance before the court.\n(7) Service of a copy of the paper containing the averment may be\nproved in the same manner as service of the process requiring the\ndefendant's attendance before the court may be proved.\n(8) Upon the hearing of any information or complaint in respect of a\ncontravention or failure to comply with any provision of this Act or\nany order made in pursuance of or in force by virtue of this Act, the\ncourt may, if the amendments can be made without hardship or\ninjustice to the defendant, allow such amendments to be made in\nthe writing containing an averment as appear to it to be desirable or\nto be necessary to enable the real question in dispute to be\ndetermined.\n(9) If in any such case the court considers the defendant has been\nmisled by the form of the averment, it may refuse to allow the\namendments, adjourn the hearing of the case for such period as it\nthinks fit and may make such order as to the costs of the\nadjournment as it thinks proper.\n","sortOrder":27},{"sectionNumber":"37","sectionType":"section","heading":"Prosecutions where price fixed is lower or lowest of more than","content":"37 Prosecutions where price fixed is lower or lowest of more than\none price\nWhere a maximum price or rate fixed under this Act is expressed to\nbe the lower or lowest of 2 or more prices or rates, then, for the\npurposes of any prosecution for a contravention of this Act, the\nprosecutor may, in the information, complaint or indictment, recite\nas that maximum price or rate any one of those prices or rates, and,\nfor the purposes of that prosecution (including the proof of the\nmaximum price or rate so recited) and for any purpose arising out\nof that prosecution, the order or notice by which the maximum price\n\nPrice Exploitation Prevention Act 29\nor rate was so fixed shall be deemed to have fixed as the relevant\nmaximum price or rate the price or rate so recited.\n","sortOrder":28},{"sectionNumber":"38","sectionType":"section","heading":"Meaning of wholesale and retail","content":"38 Meaning of wholesale and retail\n(1) In this Act and in any order made thereunder fixing the maximum\nprice for the sale of any declared goods, the following expressions\nshall, unless the contrary intention appears in this Act or the order,\nhave the meanings respectively assigned to them hereunder:\nlanded cost means the actual cost of landing the declared goods in\nthe store in Australia of the person to or for whom, or on whose\nbehalf, the declared goods were originally supplied or ordered or at\nsuch other point of delivery as is approved by the Controller.\nretail, in relation to any such sale, shall be deemed to refer to a\nsale to a person for the purposes of consumption or use.\nwholesale, in relation to any such sale, shall be deemed to refer to\nthe sale or supply to a person for the purpose of re-sale (including,\nbut without affecting the generality hereof, the sale or supply by an\nimporter, manufacturer or producer to a manufacturer or a\nwholesale or retail trader).\n(2) The maximum price fixed shall be deemed to include any charge for\nwrapping the goods.\n","sortOrder":29},{"sectionNumber":"39","sectionType":"section","heading":"Refusal etc. to sell at fixed price","content":"39 Refusal etc. to sell at fixed price\n(1) A person who has in his custody or under his control any declared\ngoods for sale in respect of which a maximum price has been fixed\nunder this Act, shall not refuse or fail on:\n(a) demand of any quantity of the declared goods; and\n(b) tender of payment at the price so fixed for the quantity\ndemanded,\nto supply any such declared goods in the quantity demanded.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n\nPrice Exploitation Prevention Act 30\n(2) In any prosecution under this section, it shall be a sufficient defence\nto show that, on the occasion in question:\n(a) the defendant supplied a reasonable quantity of the declared\ngoods, or, after making reasonable provision for private\nconsumption or use, had not a sufficient quantity of the\ndeclared goods in his custody or under his control to supply\nthe quantity demanded or a reasonable quantity, in addition to\nthe quantity required to satisfy all other contracts, then\nsubsisting, under which he was obliged to supply quantities of\nthe declared goods for use or consumption and the ordinary\nrequirements of his business;\n(b) the defendant was a wholesale trader in the declared goods\nand the person who demanded to be supplied was not a\nmanufacturer or a retail trader therein, or in any declared\ngoods made or partly made therefrom; or\n(c) the defendant was acting in accordance with a practice for the\ntime being approved by the Controller.\n(3) For the purpose of determining what is a reasonable quantity of any\ndeclared goods within the meaning of this section, regard shall be\nhad to all the circumstances of the case, including the question\nwhether the person who demanded to be supplied was or was not,\nat the time of the demand, carrying on business as a trader in the\ndeclared goods demanded, either alone or with other goods.\n","sortOrder":30},{"sectionNumber":"40","sectionType":"section","heading":"Refusal to perform service at declared rate","content":"40 Refusal to perform service at declared rate\n(1) A person who supplies or carries on any declared service in respect\nof which a maximum rate has been fixed under this Act shall not\nrefuse or fail on:\n(a) demand for the supply of the declared service; and\n(b) tender of payment at the rate fixed for the service,\nto supply the declared service.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n\nPrice Exploitation Prevention Act 31\n(2) In any prosecution under this section, it shall be a sufficient defence\nto show that, on the occasion in question:\n(a) the defendant supplied a reasonable portion of the declared\nservice demanded, or, after making reasonable provision for\nhis private use, sufficient service was not under his control to\nsupply the service demanded or a reasonable portion, in\naddition to the service required to satisfy all other contracts,\nthen subsisting, under which he was obliged to supply that\nservice, and the ordinary requirements of his business; or\n(b) the defendant was acting in accordance with a practice for the\ntime being approved by the Controller.\n(3) For the purpose of determining what is a reasonable portion of any\ndeclared service within the meaning of this section, regard shall be\nhad to all the circumstances of the case, including the question\nwhether the portion of the service demanded represented the\nnormal requirements of the person who demanded its supply to\nhim.\n","sortOrder":31},{"sectionNumber":"41","sectionType":"section","heading":"Alteration of size of containers, quantity or ingredients of","content":"41 Alteration of size of containers, quantity or ingredients of\ndeclared goods\n(1) A person shall not, without the written consent of the Controller:\n(a) pack or put up any declared goods in a container of a size\nsmaller than the container ordinarily used by him for packing\nor putting up goods of the same kind at the date of the\ncommencement of this Act;\n(b) pack or put up in a container a quantity of declared goods\nsmaller than the quantity of goods of the same kind ordinarily\npacked or put up by him in a container of that size at the date\nof the commencement of this Act;\n(c) alter the formula or recipe ordinarily used by him at the date of\nthe commencement of this Act in the manufacture or\nproduction of any declared goods;\n(d) manufacture declared goods of a quality inferior to the quality\nof goods of the same kind manufactured by him or a\npredecessor in business on or immediately prior to the date of\nfixation, by order made under or in force by virtue of this Act,\nof the maximum price of those declared goods; or\n\nPrice Exploitation Prevention Act 32\n(e) sell or offer for sale as declared goods any goods which are\nadulterated or which are falsely described, packed or enclosed\nfor sale or labelled as declared goods.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) For the purposes of this section, proof that at the date of the\ncommencement of this Act any person, dealing in the ordinary\ncourse of trade in any declared goods in respect of which any\nproceedings have been instituted, sold or had for sale:\n(a) any declared goods purporting to have been packed or put up\nby the defendant in a container of a certain size, shall be\nevidence that that was the size of the container ordinarily used\nby the defendant at the date of the commencement of this Act\nin the packing or putting up of the declared goods;\n(b) any declared goods purporting to have been packed or put up\nby the defendant in a container containing a certain quantity of\nthe declared goods, shall be evidence that that was the\nquantity ordinarily packed or put up by the defendant at the\ndate of the commencement of this Act in a container of that\nsize;\n(c) any declared goods (purporting to have been manufactured or\nproduced by the defendant) which appear by analysis or\notherwise to have been manufactured or produced in\naccordance with a certain formula or recipe, shall be evidence\nthat that formula or recipe was that ordinarily used by the\ndefendant at the date of the commencement of this Act in the\nmanufacture or production of the declared goods.\n(3) It shall be a defence to a prosecution for an offence against the\nprovisions of paragraph (c) of subsection (1) if the defendant proves\nthat:\n(a) the alteration in the formula or recipe was not made in\nanticipation or consequence of any action under this Act in\nrespect of the declared goods the formula or recipe of which\nwas altered; and\n(b) the declared goods manufactured or produced in accordance\nwith the formula or recipe as altered were not inferior to those\nmanufactured or produced prior to the alteration.\n\nPrice Exploitation Prevention Act 33\n","sortOrder":32},{"sectionNumber":"42","sectionType":"section","heading":"Speculating in goods","content":"42 Speculating in goods\n(1) A person, not being a bona fide wholesale or retail trader or a bona\nfide consumer or user, shall not purchase or agree to purchase or\notherwise acquire (except by way of bona fide security only) any\ngoods or any right or interest therein.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) In any prosecution for an offence against subsection (1) it shall be a\nsufficient defence to show that the purchase or agreement had not\nthe object or the effect of increasing, directly or indirectly, the price\nof the goods to the consumer or user.\n(3) This section shall not apply in relation to the purchase or acquisition\nof goods at a sale of those goods by auction upon the winding up of\na business.\n","sortOrder":33},{"sectionNumber":"43","sectionType":"section","heading":"Corners and restrictions on circulation of goods","content":"43 Corners and restrictions on circulation of goods\n(1) A person shall not, with intent to corner the market or restrain trade\ntherein, hold or buy up any goods and store or retain them in his\npossession or under his control, whether the maximum price\nthereof has or has not been fixed and declared under this Act.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) In addition to any penalty that may be imposed for a contravention\nof subsection (1), the court may order that the whole of such goods,\nor such quantity thereof as the court so orders, shall be forfeited to\nthe Crown.\n","sortOrder":34},{"sectionNumber":"44","sectionType":"section","heading":"Forfeiture of goods to Crown","content":"44 Forfeiture of goods to Crown\nIf the Minister, upon report by the Controller, is satisfied that any\nperson:\n(a) is buying up or storing or retaining in his possession or under\nhis control any goods, whether a maximum price thereof has\nor has not been fixed under this Act, with intent to corner the\nmarket or to restrain trade therein; or\n\nPrice Exploitation Prevention Act 34\n(b) has in his possession or under his control any such goods,\nand has failed, on demand and tender of the maximum price,\nto supply in accordance with the provisions of section 39 any\nparticular person or persons with those goods; or\n(c) has purchased or acquired or agreed to purchase or acquire\nany such goods in contravention of section 42,\nthe Minister may make an order that the goods or any specified\nquantity thereof be forfeited and thereupon the whole of the goods,\nor such specified quantity thereof, shall be forfeited to the Crown.\n","sortOrder":35},{"sectionNumber":"45","sectionType":"section","heading":"Seizure and disposal of forfeited goods","content":"45 Seizure and disposal of forfeited goods\nWhen any goods have been forfeited under section 43 or\nsection 44, any authorized officer or any member of the Police\nForce may:\n(a) seize any goods which he has reasonable cause to believe\nare forfeited under this Act;\n(b) store any such goods in any place approved by the Controller\nor a Deputy Controller for the purpose; and\n(c) sell or otherwise dispose of the goods to such persons or\nbodies and at such times and in such manner and upon such\nterms and conditions, as the Minister directs.\n","sortOrder":36},{"sectionNumber":"46","sectionType":"section","heading":"Sales by auction","content":"46 Sales by auction\n(1) The Controller or a Deputy Controller may, by order or by notice in\nwriting to any person selling or offering for sale by auction any\ndeclared goods, prohibit any such sale or require such terms and\nconditions as he thinks fit to be complied with in connection with\nany such sale.\n(2) A person shall not sell, or offer to sell, by auction, any declared\ngoods in contravention of any order or notice under this section.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(3) The Controller must specify in an order or notice under this section\nthe date, not more than 12 months after the date on which the order\nis made or the notice is given, after which the order or notice is to\ncease to be of effect.\n\nPrice Exploitation Prevention Act 35\n(4) An order or notice under this section:\n(a) is of no effect unless a date is specified in the order or notice\nunder subsection (3); and\n(b) ceases to be of effect after the date specified under\nsubsection (3), unless the order or notice is earlier revoked.\n","sortOrder":37},{"sectionNumber":"47","sectionType":"section","heading":"Payment to former owner of whole or portion of proceeds of","content":"47 Payment to former owner of whole or portion of proceeds of\nsale\nWhen any forfeited goods have been sold under paragraph (c) of\nsection 45, the Minister may, under special circumstances, direct\nthat the whole or any portion of the proceeds of the sale of the\ngoods, less any expenses incurred in connexion with their seizure,\nstorage and sale, be returned to the person who was the owner of\nthe goods prior to their forfeiture.\n","sortOrder":38},{"sectionNumber":"48","sectionType":"section","heading":"Delivery of invoice or docket with goods","content":"48 Delivery of invoice or docket with goods\n(1) The Controller may, by order, provide that a person who sells any\ngoods shall deliver with the goods, or within such time after the\ndelivery of the goods as is specified in the order, an invoice or\ndocket containing such particulars as are so specified.\n(2) A person must comply with an order made under subsection (1).\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n","sortOrder":39},{"sectionNumber":"49","sectionType":"section","heading":"Power to search for goods","content":"49 Power to search for goods\nAny authorized officer or any member of the police force may at any\ntime in the day or night enter into and search any premises or\nvessel or part thereof, where any goods forfeited or liable to seizure\nunder this Act are, or are supposed to be, and, if necessary for that\npurpose, may break into and use force to enter such premises or\nvessel or part, and may break open and search any chests, trunks,\npackages, or other things in which any such goods are or are\nsupposed to be.\n","sortOrder":40},{"sectionNumber":"50","sectionType":"section","heading":"Particulars with respect to declared goods and declared","content":"50 Particulars with respect to declared goods and declared\nservices to be exhibited\n(1) The Controller may, by order, require any person who sells or has\nfor sale any declared goods or who supplies or carries on any\ndeclared service, the maximum price of, or the maximum rate for,\n\nPrice Exploitation Prevention Act 36\nwhich is fixed by or under this Act, to exhibit, in such position and in\nsuch manner as are specified in the order, such particulars relating\nto any such goods or services as are so specified.\n(2) A person must comply with an order made under subsection (1).\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(3) The Controller must specify in an order made under this section the\ndate, not more than 12 months after the date on which the order is\nmade, after which the order is to cease to be of effect.\n(4) An order made under this section:\n(a) is of no effect unless a date is specified in the order under\nsubsection (3); and\n(b) ceases to be of effect after the date specified under\nsubsection (3), unless the order is earlier revoked.\n","sortOrder":41},{"sectionNumber":"51","sectionType":"section","heading":"Advertisements as to declared goods and services","content":"51 Advertisements as to declared goods and services\n(1) The Controller may, by order, make provision for the inclusion in\nadvertisements, or in any class of advertisements, published by\npersons generally, or by any specified person, or by persons\nincluded in any class of persons, in relation to declared goods or\ndeclared services, of such particulars (including particulars as to the\nmaximum price or rate fixed by or under this Act) as are specified in\nthe order.\n(1A) The Controller must, in an order made under this section, specify\nthe date, not more than 12 months after the date on which the order\nis made, after which the order is to cease to be of effect.\n(1B) An order made under this section:\n(a) is of no effect unless a date is specified in the order under\nsubsection (1A); and\n(b) ceases to be of effect after the date specified under\nsubsection (1A), unless the order is earlier revoked.\n\nPrice Exploitation Prevention Act 37\n(2) A person shall not publish, or cause to be published, any\nadvertisement in relation to declared goods or services which does\nnot include the particulars required to be specified in pursuance of\nany order under this section which is applicable to that\nadvertisement.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(3) An advertisement shall be deemed to be published within the\nmeaning of this section if it is:\n(a) inserted in any newspaper, periodical or other publication\nprinted or published in Australia;\n(b) exhibited to public view in, or on, any building, vehicle or place\n(whether or not a public place and whether on land or water);\n(c) contained in any document sent or delivered gratuitously to\nany person or thrown or left upon premises in the occupation\nof any person; or\n(d) broadcast by wireless transmission.\n","sortOrder":42},{"sectionNumber":"52","sectionType":"section","heading":"Tickets etc. to be attached to declared goods","content":"52 Tickets etc. to be attached to declared goods\n(1) The Controller may, by order, require any person who sells or has\nfor sale any declared goods the maximum price of which is fixed by\nor under this Act, to attach to, or display with, such of those goods\nas the Controller specifies, a ticket or label in such form as the\nController determines, setting forth such particulars relating to those\ngoods as the Controller specifies, or otherwise to mark them with\nthose particulars in such manner as the Controller determines.\n(2) A person must comply with an order made under subsection (1).\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(3) The Controller must, in an order made under this section, specify\nthe date, not more than 12 months after the date on which the order\nis made, after which the order is to cease to be of effect.\n\nPrice Exploitation Prevention Act 38\n(4) An order made under this section:\n(a) is of no effect unless a date is specified in the order under\nsubsection (3); and\n(b) ceases to be of effect:\n(i) after the date specified under subsection (3);\n(ii) on the date on which the order is revoked; or\n(iii) after the expiry of the order under section 20 fixing and\ndeclaring the maximum price of the goods or service to\nwhich the order made under this section relates,\nwhichever is earlier.\n","sortOrder":43},{"sectionNumber":"53","sectionType":"section","heading":"Orders","content":"53 Orders\n(1) An order under this Act shall take effect upon the publication in the\nGazette of:\n(a) the order; or\n(b) a notification of the order having been made, giving a brief\ndescription of the nature of the order and stating the place\nwhere copies of the order may be purchased.\n(2) Without limiting the generality of subsection (1), an order under this\nAct which is expressed to apply to a particular person or persons\nmay be served upon any such person by delivering it to him by\nhand, or by sending it by post in a letter addressed to him at his last\nknown or usual place of abode or place of business, and shall take\neffect, in relation to that person, when it is so served upon him.\n","sortOrder":44},{"sectionNumber":"54","sectionType":"section","heading":"Manner in which notice in writing may be given","content":"54 Manner in which notice in writing may be given\nA notice in writing for the purposes of this Act may be given:\n(a) to any person, by delivering it by hand or by sending it by post\nin a letter addressed to that person at his last known or usual\nplace of abode or place of business;\n(b) to any body or association of persons, by delivering it by hand\nto the secretary or other proper officer of the body or\nassociation, or by sending it by post in a letter addressed to\nhim at the last known or usual place of business of the body or\nassociation; or\n\nPrice Exploitation Prevention Act 39\n(c) to persons generally or to persons included in a class of\npersons or to persons in any area, by publication of the notice\nin a newspaper circulating in the Territory.\n","sortOrder":45},{"sectionNumber":"55","sectionType":"section","heading":"Application of orders, &c.","content":"55 Application of orders, &c.\nAny order, declaration or notice authorized to be made or given\nunder this Act may be made or given so as to apply, according to its\ntenor, to:\n(a) persons generally;\n(b) all or any persons included in a class of persons;\n(c) in the case of an order, any person to whom a notice is given\nin pursuance of the order;\n(d) all or any persons in any area;\n(e) any particular person;\n(f) the sale of goods or supply of a service or services to a\nparticular person by a particular person;\n(g) goods or services generally;\n(h) any class of goods or any class of services;\n(i) all or any goods or services in any area; or\n(j) specific goods or a specific service.\n","sortOrder":46},{"sectionNumber":"56","sectionType":"section","heading":"Delegation by Controller","content":"56 Delegation by Controller\n(1) The Controller may, by writing under his hand, delegate any of his\npowers and functions under this Act or under any order made\nthereunder (except this power of delegation) in relation to any\nmatter or class of matters so that the delegated powers and\nfunctions may be exercised by the delegate with respect to the\nmatter or class of matters specified in the instrument of delegation.\n(2) Any delegation by the Controller under this section shall be\nrevocable in writing at will and no delegation shall prevent the\nexercise of any power or function by the Controller.\n(3) Where, under this Act, the exercise of a power or function by the\nController is dependent upon the opinion, belief or state of mind of\nthe Controller in relation to a matter and that power or function has\nbeen delegated by the Controller in pursuance of this section, that\npower or function may be exercised by the delegate upon the\n\nPrice Exploitation Prevention Act 40\nopinion, belief or state of mind of the delegate in relation to that\nmatter.\n","sortOrder":47},{"sectionNumber":"57","sectionType":"section","heading":"Books, accounts etc. to be kept and preserved","content":"57 Books, accounts etc. to be kept and preserved\n(1) A person who in the course of or for the purposes of or in\nconnection with or incidental to a business that the person carries\non:\n(a) produces, manufactures, sells or supplies declared goods in\nrelation to which a maximum price has been fixed and\ndeclared under section 20; or\n(b) supplies or carries on a declared service in relation to which a\nmaximum price has been fixed and declared under section 20,\nmust:\n(c) keep proper books and accounts, and stock and costing\nrecords, in relation to the goods or service; and\n(d) retain for 5 years after they are made or received or, if another\nperiod is prescribed, that other period:\n(i) those books, accounts and records; and\n(ii) all copies of invoices, and all vouchers, agreements,\ncorrespondence, written communications, stock sheets,\nand all other documents, that relate to the purchase,\ncosts or sale by or on behalf of the person of the\ndeclared goods or the declared service.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) Without affecting the generality of subsection (1), the Controller\nmay, by notice in writing, direct a person to whom that subsection\napplies:\n(a) to keep in accordance with the direction; and\n(b) to retain for 5 years after they are made or received or, if\nanother period is prescribed, that other period,\nbooks, accounts and records in relation to declared goods or\nservices that are specified in the direction.\n\nPrice Exploitation Prevention Act 41\n(3) A person must comply with a direction given under subsection (2).\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n","sortOrder":48},{"sectionNumber":"58","sectionType":"section","heading":"Penalties","content":"58 Penalties\n(4) Proceedings for an offence against this Act shall not be\ncommenced except by, or with the written consent of, the Attorney-\nGeneral or the Director of Public Prosecutions.\n(5) For the prosecution of an offence against this Act, the offence shall\nbe deemed to have been committed either at the place in which it\nwas actually committed or at any place in which the person may be.\n(6) In addition to any other punishment, a court may, if it thinks fit,\norder the forfeiture of any money or goods in respect of which an\noffence against this Act has been committed.\n","sortOrder":49},{"sectionNumber":"59","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"59 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) An offence against subsection (1) is a regulatory offence.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n\nPrice Exploitation Prevention Act 42\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(9) In this section:\ndeclared provision means:\n(a) section 15(1), (2) or (3), 23(2), 25(2), 26(1), (3) or (5A), 27(1)\nor (4A), 28(1), 29, 30(1), 31(1) or 43(1); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n\nPrice Exploitation Prevention Act 43\n","sortOrder":50},{"sectionNumber":"59A","sectionType":"section","heading":"Regulatory offences","content":"59A Regulatory offences\nSubject to section 59, an offence against section 18(4)(a), 23(2),\n29, 50(2), 52(2) or 57(3) is a regulatory offence.\n","sortOrder":51},{"sectionNumber":"60","sectionType":"section","heading":"Power to order recognizances","content":"60 Power to order recognizances\n(1) When a person is found guilty of an offence against this Act, the\ncourt before which he is found guilty may, either in addition to or in\nlieu of any punishment provided for the offence, require him to enter\ninto recognizances with or without sureties to comply with the\nprovisions of this Act or the order, notice, direction or requirement in\nrelation to which the offence was committed.\n(2) If a person fails to comply with an order of the court requiring him to\nenter into recognizances, the court may order him to be imprisoned\nfor any term not exceeding 6 months.\n","sortOrder":52},{"sectionNumber":"61","sectionType":"section","heading":"Evidentiary provisions","content":"61 Evidentiary provisions\nIn any prosecution for an offence against this Act, a certificate\nunder the hand of any person that a document annexed to the\ncertificate is a true copy of a letter or notice sent by that person to\nthe defendant shall be prima facie evidence of the matters certified\nto and that the original letter or notice of which the document\npurports to be a copy was received by the defendant on or about\nthe time at which it would be delivered in the ordinary course of\npost if it had been sent on the date borne by the document, and that\nthe signature on the certificate is the signature of the person by\nwhom it purports to have been signed.\n","sortOrder":53},{"sectionNumber":"62","sectionType":"section","heading":"Proof of instruments","content":"62 Proof of instruments\n(1) Every document purporting to be an instrument made or issued by\nthe Minister or any other authority or person in pursuance of any\nprovision of this Act, or of an order made under this Act, and to be\nsigned by or on behalf of the Minister, authority or person, shall be\nreceived in evidence, and shall, until the contrary is proved, be\ndeemed to be an instrument made or issued by the Minister,\nauthority or person.\n(2) Prima facie evidence of any such instrument may, in any legal\nproceedings, be given by the production of a document purporting\nto be certified to be a true copy of the instrument by, or on behalf of,\nthe Minister or other authority or person having power to make or\nissue the instrument.\n\nPrice Exploitation Prevention Act 44\n","sortOrder":54},{"sectionNumber":"63","sectionType":"section","heading":"Evidence of orders, &c.","content":"63 Evidence of orders, &c.\nFor the purposes of this Act:\n(a) the mere production of the Gazette or the Government\nGazette of a State purporting to contain any instrument shall\nbe prima facie evidence that the instrument was duly made,\ngiven or issued in the terms set out in the Gazette or in the\nGovernment Gazette and that the instrument is in force; and\n(b) the mere production of a document purporting to be an extract\nfrom the Gazette or the Government Gazette of a State,\npurporting to be printed or published by the Government\nPrinter for the Territory or for the State, as the case may be,\nand purporting to contain any instrument shall be prima facie\nevidence that the instrument was duly made, given or issued\nto the effect of or in the terms set out in the extract, was\npublished in the Gazette or the Government Gazette, as the\ncase may be, and is in force.\n","sortOrder":55},{"sectionNumber":"64","sectionType":"section","heading":"Admissibility of evidence of answers given orally under","content":"64 Admissibility of evidence of answers given orally under\ncompulsion\n(1) A person must not refuse to answer a question that the person is\nrequired to answer under this Act on the ground that the answer\nmight tend to incriminate him or her or make him or her liable to a\npenalty.\nMaximum penalty: If the offender is a natural person –\n100 penalty units.\nIf the offender is a body corporate –\n500 penalty units.\n(2) An answer given by a person to a question that the person is\nrequired to answer under this Act is not admissible in evidence in\nany proceedings against the person other than proceedings in\nrespect of the falsity of the answers or in respect of the refusal or\nfailure to answer a question.\n","sortOrder":56},{"sectionNumber":"65","sectionType":"section","heading":"Regulations","content":"65 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters which are necessary or convenient to be\nprescribed for carrying out or giving effect to this Act, and, in\nparticular, prescribing penalties, not exceeding one penalty unit, for\nany breach of the regulations.\n\nPrice Exploitation Prevention Act 45\n","sortOrder":57},{"sectionNumber":"66","sectionType":"section","heading":"Transitional matters for Statute Law Amendment (Directors'","content":"66 Transitional matters for Statute Law Amendment (Directors'\nLiability) Act 2015\n(1) Section 59, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 29 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n. (2) Section 59, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n\nENDNOTES\nPrice Exploitation Prevention Act 46\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n","sortOrder":58},{"sectionNumber":"2","sectionType":"section","heading":"LIST OF LEGISLATION","content":"2 LIST OF LEGISLATION\nPrices Regulation Ordinance 1949 (Act No. 17, 1949)\nAssent date 14 December 1949\nCommenced 19 December 1949 (Gaz No. 17, 19 December 1949)\nPrices Regulation Ordinance 1954 (Act No. 10, 1954)\nAssent date 8 December 1954\nCommenced 20 April 1955 (Gaz No. 10, 20 April 1955)\nAdministrator's Council Ordinance 1959 (Act No. 22, 1959)\nAssent date 7 July 1959\nCommenced 28 April 1960 (Gaz No. 22, 28 April 1960)\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\n\nENDNOTES\nPrice Exploitation Prevention Act 47\nTransfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978 (s 8)\nStatute Law Revision Act (No. 2) 1978 (Act No. 19, 1979)\nAssent date 2 February 1979\nCommenced 2 February 1979\nStatute Law Revision Act (No. 2) 1979 (Act No. 128, 1979)\nAssent date 15 October 1979\nCommenced 15 October 1979\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n","sortOrder":59},{"sectionNumber":"26","sectionType":"section","heading":"February 1986, p 5)","content":"26 February 1986, p 5)\nLaw Officers Amendment Act (No. 2) 1986 (Act No. 48, 1986)\nAssent date 10 December 1986\nCommenced 19 December 1986 (Gaz S87, 17 December 1986)\nDirector of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29,\n1990)\nAssent date 11 June 1990\nCommenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions\nAct 1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991,\np 9)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nPrices Regulation Amendment Act 2002 (Act No. 37, 2002)\nAssent date 13 September 2002\nCommenced 1 October 2002 (Gaz S15, 30 September 2002)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\n\nENDNOTES\nPrice Exploitation Prevention Act 48\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n","sortOrder":60},{"sectionNumber":"29","sectionType":"section","heading":"April 2016)","content":"29 April 2016)\n","sortOrder":61},{"sectionNumber":"3","sectionType":"section","heading":"SAVINGS AND TRANSITIONAL PROVISIONS","content":"3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 8 Prices Regulation Ordinance 1954 (Act No. 10, 1954)\n","sortOrder":62},{"sectionNumber":"4","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to the following provisions:\nss 4, 8, 10, 11, 15, 16, 20, 21, 24, 26, 27, 28, 30, 31, 32, 33, 36, 37, 41, 42,\n43, 44, 45, 47, 53, 57, 58, 66 and sch.\n","sortOrder":63},{"sectionNumber":"5","sectionType":"section","heading":"GENERAL AMENDMENTS","content":"5 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 6.\n","sortOrder":64},{"sectionNumber":"6","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"6 LIST OF AMENDMENTS\nlt sub No. 37, 2002, s 4\ns 1 amd No. 37, 2002, s 5\ns 2 sub No. 37, 2002, s 6\ns 3 rep No. 37, 2002, s 6\ns 4 amd No. 10, 1954, s 3; No. 22, 1959, s 6; No. 87, 1973, s 12; No. 54, 1978,\ns 4; No. 19, 1979, s 21; No. 37, 2002, s 7\ns 5 amd No. 10, 1954, s 4; No. 54, 1978, s 4\nrep No. 128, 1979, s 26\ns 6 amd No. 10, 1954, s 7; No. 54, 1978, s 4\nsub No. 37, 2002, s 8\ns 7 amd No. 10, 1954, s 7; No. 54, 1978, s 4; No. 37, 2002, s 43\ns 8 amd No. 10, 1954, s 7; No. 87, 1973, s 12; No. 54, 1978, s 4; No. 19, 1979,\ns 21; No. 29, 1990, s 7\nsub No. 37, 2002, s 9\namd No. 12, 2010, s 3\ns 9 amd No. 10, 1954, s 5; No. 54, 1978, s 4; No. 37, 2002, s 43\ns 10 amd No. 10, 1954, s 7; No. 54, 1978, s 4\ns 11 amd No. 37, 2002, s 10; No. 12, 2010, s 3\ns 12 amd No. 37, 2002, s 11; No. 12, 2010, s 3; No. 40, 2010, s 99\ns 13 rep No. 40, 2010, s 100\ns 14 amd No. 37, 2002, s 12; No. 12, 2010, s 3; No. 40, 2010, s 101\ns 15 amd No. 37, 2002, s 13; No. 12, 2010, s 3\ns 16 amd No. 37, 2002, s 14\ns 17 amd No. 37, 2002, s 15; No. 12, 2010, s 3\ns 18 amd No. 37, 2002, s 16; No. 12, 2010, s 3\ns 19 amd No. 10, 1954, s 7; No. 22, 1959, s 6; No. 54, 1978, s 4; No. 37, 2002,\ns 43\ns 20 amd No. 37, 2002, s 17\n\nENDNOTES\nPrice Exploitation Prevention Act 49\nss 21 – 22 amd No. 37, 2002, s 43\ns 23 amd No. 37, 2002, s 18; No. 12, 2010, s 3\ns 24 amd No. 10, 1954, s 7; No. 22, 1959, s 6; No. 54, 1978, s 4; No. 37, 2002,\ns 43\ns 25 amd No. 37, 2002, s 19; No. 12, 2010, s 3\ns 26 amd No. 37, 2002, s 20; No. 12, 2010, s 3\ns 27 amd No. 37, 2002, s 21; No. 12, 2010, s 3\ns 28 amd No. 54, 1978, s 4; No. 37, 2002, s 22; No. 12, 2010, s 3\ns 29 amd No. 37, 2002, s 23; No. 12, 2010, s 3\ns 30 amd No. 37, 2002, s 24; No. 12, 2010, s 3\ns 31 amd No. 37, 2002, s 25; No. 12, 2010, s 3\ns 34 amd No. 37, 2002, s 26; No. 12, 2010, s 3\ns 35 sub No. 37, 2002, s 27; No. 12, 2010, s 3\ns 36 amd No. 54, 1978, s 4; No. 48, 1986, s 9; No. 29, 1990, s 7; No. 37, 2002,\ns 43\nss 37 – 38 amd No. 37, 2002, s 43\ns 39 amd No. 37, 2002, s 28; No. 12, 2010, s 3\ns 40 amd No. 37, 2002, s 29; No. 12, 2010, s 3\ns 41 amd No. 37, 2002, s 30; No. 12, 2010, s 3\ns 42 amd No. 37, 2002, s 31; No. 12, 2010, s 3\ns 43 amd No. 37, 2002, s 32; No. 12, 2010, s 3\ns 44 amd No. 10, 1954, s 7; No. 22, 1959, s 6; No. 54, 1978, s 4; No. 37, 2002,\ns 43\ns 45 amd No. 10, 1954, s 7; No. 54, 1978, s 4; No. 37, 2002, s 43\ns 46 amd No. 37, 2002, s 33; No. 12, 2010, s 3\ns 47 amd No. 10, 1954, s 7; No. 22, 1959, s 6; No. 54, 1978, s 4\ns 48 amd No. 37, 2002, s 34; No. 12, 2010, s 3\ns 49 amd No. 54, 1978, s 4; No. 37, 2002, s 43\ns 50 amd No. 37, 2002, s 35; No. 12, 2010, s 3\ns 51 amd No. 37, 2002, s 36; No. 12, 2010, s 3\ns 52 amd No. 37, 2002, s 37; No. 12, 2010, s 3\nss 53 – 56 amd No. 37, 2002, s 43\ns 57 sub No. 37, 2002, s 38; No. 12, 2010, s 3\ns 58 amd No. 10, 1954, s 7; No. 54, 1978, s 4; No. 29, 1990, s 7; No. 37, 2002,\ns 39; No. 8, 2016, s 45\ns 59 amd No. 17, 1996, s 6; No. 37, 2002, s 43\nsub No. 26, 2015, s 92\ns 59A ins No. 68, 1983, s 91\nsub No. 37, 2002, s 40\ns 60 amd No. 17, 1996, s 6; No. 37, 2002, s 43\ns 61 amd No. 37, 2002, s 43\ns 62 amd No. 10, 1954, s 6; No. 54, 1978, s 4; No. 37, 2002, s 43\ns 63 amd No. 54, 1978, s 4; No. 37, 2002, s 43\ns 64 sub No. 37, 2002, s 41\namd No. 12, 2010, s 3\ns 65 amd No. 10, 1954, s 7; No. 87, 1973, s 6; No. 128, 1979, s 26; No. 37, 2002,\ns 43\ns 66 ins No. 26, 2015, s 93\nsch rep No. 37, 2002, s 42","sortOrder":65}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1949 intent. Originally a wartime/price control ordinance, it was amended in 2002 to narrow its application to specific triggering events (disasters and market failures) rather than general price control. However, the machinery provisions remain extensive and complex. The 2015 amendments added modern corporate liability provisions (section 59), and various amendments have updated penalty units and procedural requirements. The scope has shifted from broad economic regulation to targeted emergency intervention, but the legislative machinery retains complexity from its original comprehensive price control era."},"complexity_factors":["66 sections with extensive cross-referencing between sections (e.g., sections 20, 21, 30, 31 interrelate on pricing mechanisms)","Multiple defined terms in section 4 including 'declared goods', 'declared service', 'price', 'rate', and 'service' with expansive definitions covering royalties, hiring agreements, lodging, and work contracts","Nested conditional logic in section 20 with 16 subsections allowing price-fixing by reference to lists, sliding scales, percentages, conditions, and varying standards","Complex deeming provisions throughout (e.g., section 4(2)-(4), section 21, section 38) that create legal fictions for determining when services are supplied or prices apply","Multiple exceptions and defences scattered across sections (e.g., sections 33, 39(2), 40(2), 41(3), 59(3)) requiring cross-referencing to determine liability","Dual penalty structures distinguishing between natural persons and body corporates (100 vs 500 penalty units) repeated across 20+ offence provisions","12-month sunset clauses on orders (sections 20(15), 23(3A), 25(3), 46(3), 50(3), 51(1A), 52(3)) creating temporal complexity","Interaction with other NT legislation (Consumer Affairs and Fair Trading Act 1990, Criminal Code) and transitional provisions for amendments","Evidentiary presumptions and reverse onus provisions (sections 36, 37, 61-63) modifying standard burden of proof","Executive officer liability scheme in section 59 with specific defences and due diligence requirements"],"plain_english_summary":"**What this law does:**\n\nThis is a Northern Territory law that gives the government power to cap prices and rates for goods and services during emergencies or when markets aren't working properly. It's essentially an emergency economic control mechanism.\n\n**Who it affects:**\n\n- **Businesses** selling goods or providing services (especially those declared \"declared goods\" or \"declared services\")\n- **Consumers** buying those goods and services\n- **The Controller of Prices** (usually the Commissioner of Consumer Affairs) and their deputies who enforce the rules\n\n**Key powers:**\n\n- The **Administrator** can declare specific goods or services as subject to price controls\n- The **Controller** can set maximum prices for those goods and maximum rates for those services\n- The Controller can only use these powers when satisfied it's necessary to prevent \"price exploitation\" due to:\n  - Natural or man-made disasters (anywhere in the world) that disrupt competitive markets, **or**\n  - Market failures like monopolies where other laws aren't protecting consumers\n\n**What businesses must do:**\n\n- **Cannot** sell declared goods above the maximum price\n- **Cannot** supply declared services above the maximum rate\n- **Must** keep detailed records for 5 years\n- **Must** provide information, documents, and answer questions when required\n- **Cannot** refuse to sell at the fixed price (with some exceptions)\n- **Cannot** engage in \"cornering\" (hoarding to manipulate prices) or speculation\n\n**Enforcement:**\n\n- The Controller and authorized officers can enter premises, inspect documents, seize goods, and require returns/information\n- Heavy penalties apply (up to 100 penalty units for individuals, 500 for corporations)\n- Company directors and executives can be personally liable for corporate offences\n- Courts can order refunds to consumers who were overcharged\n\n**Why it matters:**\n\nThis is a wartime-style price control mechanism retained for modern use. It prevents businesses from profiteering during disasters (like cyclones, floods, or pandemics) or when monopolies exist. It's a safety net when normal market competition breaks down, ensuring essential goods and services remain affordable during crises."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act as maintained has expanded beyond a narrow emergency price‑control instrument to a broad, standing regulatory framework. The original declared purpose (preventing post‑disaster price exploitation and addressing monopoly failures, s 2) remains, but the statute now: (a) covers a wide range of services as well as goods (s 4(1)); (b) contains detailed permanent regulatory machinery for declaring goods/services, fixing maximum prices/rates, and imposing ongoing record‑keeping and labelling obligations (ss 19–20, 50–52, 57); (c) includes detailed reseller rules (ss 26–27) and anti‑speculation/anti‑cornering provisions (ss 42–44); and (d) creates executive officer liability and regulatory‑offence classifications (s 59, s 59A). These additions — through amendment history noted in the Act — materially broaden enforcement, compliance obligations and the administrative regime compared with a short‑term emergency price control law."},"complexity_factors":["Length: more than 60 substantive sections (ss 1–66) covering many subject areas.","Multiple defined terms and broad definitions (s 4) — e.g. expansive definition of \"service\" and \"price\".","Extensive cross‑referencing: orders, notices and multiple sections reference and modify each other (e.g. ss 20, 21, 22, 25, 56).","Layered enforcement mechanisms: criminal offences, regulatory offences, court‑ordered refunds, forfeiture and recognizances (ss 30–31, 59, 59A, 60, 44–47).","Numerous procedural powers and exceptions (compulsion to answer, secrecy limits, evidentiary presumptions) (ss 8, 10–16, 61–64).","Complex reseller rules with onus provisions and bespoke cost definitions and orders (inter‑wholesale and inter‑retail rules, ss 26–27, including s 26(8)–(9)).","Frequent time‑limits and mandatory expiry language (many orders must specify expiry not more than 12 months: s 20(15) and repeated in ss 23, 25, 46, 50–52).","Delegation and administrative discretion (Controller may delegate many powers, s 56) and Ministerial intervention power (s 24).","Recent insertions expanding corporate liability and regulatory offence categories (s 59, s 59A) increase legal nuance and defences to be considered. "],"plain_english_summary":"**What this law does, in plain terms**\n\n- Gives a government official called the Controller of Prices power to declare particular goods or services as “declared” and to fix maximum prices for those goods or maximum rates for those services (see s 19, s 20).\n- Empowers the Controller and authorised officers to investigate, demand records, enter and inspect premises, take samples, seize goods, and require firms to produce balance sheets, invoices and other documents (see ss 10, 14–16, 45, 57).\n- Creates criminal and regulatory offences for selling declared goods or supplying declared services above the fixed maximum, offering to pay or accept higher prices, misleading labelling or advertising about Controller approval, hoarding, cornering the market, unlawful packaging or quality downgrades, and related conduct (see ss 28, 30–36, 42–44).\n- Allows courts to order refunds to consumers and to order forfeiture or disposal of goods obtained in breach of the Act (see ss 30(2), 31(2), 44–47).\n- Requires suppliers to keep detailed books, records and invoices for declared items and to retain them for five years (see s 57). It also permits the Controller to require advertising, labelling and ticketing particulars to be displayed (see ss 50–52).\n\n**Who is affected**\n\n- Businesses that sell goods or supply services in the Territory — especially those selling or supplying items that the Administrator has declared under the Act (s 19). That includes manufacturers, wholesalers, retailers, and service providers (see the definition of service in s 4(1)).\n- Wholesalers and retailers are specifically regulated when they resell declared goods (inter‑wholesale and inter‑retail rules, ss 26–27).\n- Executive officers (directors/managers) of companies can face liability where the corporation commits certain offences (s 59).\n- The Controller, Deputy Controllers and authorised officers exercise the powers and make compliance decisions (ss 6–7, 56).\n- Consumers are an indirect group of interest: the law’s mechanics are designed to limit price increases in emergency or non‑competitive situations (s 2).\n\n**Why it matters — the mechanical effect on behaviour and markets**\n\n- The Controller can cap prices and rates in response to disasters or perceived failures of competition (s 20). That mechanically restricts sellers’ freedom to set prices above a statutory maximum.\n- Businesses must keep more detailed records, respond to information notices and allow inspections; failing to do so risks fines or prosecution (ss 14–16, 15, 57). That raises compliance costs and administrative effort.\n- Specific commercial behaviours are constrained: bundling conditioned sales require Controller consent (s 29); advertising implying Controller approval is prohibited unless approved (s 28); purchasers are restricted from speculative hoarding (s 42); and packaging/recipe changes for declared goods need Controller consent (s 41).\n- The Act creates multiple enforcement paths — criminal prosecution, regulatory offences, court‑ordered refunds, forfeiture and seizure — which together raise the expected cost of non‑compliance (ss 30–31, 44–46, 59, 59A).\n\n**Who pays, who decides, and what changes**\n\n- Who pays: Businesses bear the direct financial and administrative costs (compliance, record keeping, possible refunds, fines, loss of goods via forfeiture). Consumers may benefit from enforced price limits, but could face supply or quality trade‑offs if sellers reduce supply or downgrade products to keep margins (see ss 30–31, 41, 44).\n- Who decides: The Controller is the primary decision‑maker (appointment and powers in ss 6, 20). The Administrator declares which goods/services are in scope (s 19). The Minister has a limited supervisory role with power to suspend Controller orders briefly (s 24). The Controller may delegate powers (s 56).\n- Behaviour changes induced: firms will be incentivised to comply with price caps, to document costs carefully, to avoid speculative stockpiling, and to seek Controller approvals or exemptions where necessary (see ss 20, 15, 26–27, 23).\n\n**Official stated purpose and a short test of trade‑offs**\n\n- The Act’s stated purposes are to prevent price exploitation after natural or man‑made disasters and to respond to failures of existing laws to protect consumers from monopolies or non‑competitive markets (s 2).\n- Costs and trade‑offs: the Act imposes information, record‑keeping and operational burdens on suppliers (ss 15, 57), grants the Controller broad discretion to set prices and declare goods (ss 19–20), and criminalises certain common commercial practices (ss 30–36, 42–44). Those measures can protect consumers from short‑term exploitation but create risks: administrative mispricing, reduced supply or product downgrading (s 41), diversion of resources into compliance, and the potential for industry groups to be used as de facto price‑setters (recognition provisions, s 20(3), (7)).\n\n**Implementation and compliance risks to flag**\n\n- High administrative discretion: the Controller can make wide‑ranging orders, including ones that rely on industry price lists recognized by the Controller (s 20(3), (7)), creating a risk that recognised industry bodies strongly influence prices.\n- Time‑limited measures: most orders/notices must specify an expiry not more than 12 months after they take effect (see s 20(15), and repeated requirements in ss 23(3A), 25(3), 46(3), 50(3), 51(1A), 52(3)). This requires ongoing administrative renewal or review.\n- Potential substitution effects: firms may reduce supply, sell undeclared substitutes, or change product composition unless Controller consent is obtained (s 41). There is also scope for circumvention through packaging and bundled sales unless expressly authorised (ss 21, 29, 33).\n- Compliance burden concentrated on small sellers: record retention, ticketing, invoice delivery obligations and responding to inspection notices are likely to be proportionally costlier for small businesses (ss 48, 50–52, 57).\n\nKey statutory references: declaration and pricing powers (ss 19–20); investigative powers and document production (ss 10, 14–16); prohibitions and offences (ss 28–36, 42–44); enforcement and remedies (ss 30–31, 44–47); record‑keeping (s 57); Controller/M inister roles (ss 6, 19, 24, 56)."}},"importantCases":[],"_links":{"self":"/api/acts/price-exploitation-prevention-act-1949","history":"/api/acts/price-exploitation-prevention-act-1949/history","analysis":"/api/acts/price-exploitation-prevention-act-1949/analysis","conflicts":"/api/acts/price-exploitation-prevention-act-1949/conflicts","importantCases":"/api/acts/price-exploitation-prevention-act-1949/important-cases","documents":"/api/acts/price-exploitation-prevention-act-1949/documents"}}