Sch 2 s 47Multiple pricing

47 Multiple pricing

(1) A person must not, in trade or commerce, supply goods if:

(a) the goods have more than one displayed price; and

(b) the supply takes place for a price that is not the lower, or lowest, of the displayed prices.

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

(2) A displayed price for goods is a price for the goods, or any representation that may reasonably be inferred to be a representation of a price for the goods:

(a) that is annexed or affixed to, or is written, printed, stamped or located on, or otherwise applied to, the goods or any covering, label, reel or thing used in connection with the goods; or

(b) that is used in connection with the goods or anything on which the goods are mounted for display or exposed for supply; or

(c) that is determined on the basis of anything encoded on or in relation to the goods; or

(d) that is published in relation to the goods in a catalogue available to the public if:

(i) a time is specified in the catalogue as the time after which the goods will not be sold at that price and that time has not passed; or

(ii) in any other case—the catalogue may reasonably be regarded as not out‑of‑date; or

(e) that is in any other way represented in a manner from which it may reasonably be inferred that the price or representation is applicable to the goods;

and includes such a price or representation that is partly obscured by another such price or representation that is written, stamped or located partly over that price or representation.

(3) If:

(a) a price or representation is included in a catalogue; and

(b) the catalogue is expressed to apply only to goods supplied at a specified location, or in a specified region;

the price or representation is taken, for the purposes of subsection (2)(d), not to have been made in relation to supply of the goods at a different location, or in a different region, as the case may be.

(4) Despite subsection (2), a price or representation is not a displayed price for goods if:

(a) the price or representation is wholly obscured by another such price or representation that is written, stamped or located wholly over that price or representation; or

(b) the price or representation:

(i) is expressed as a price per unit of mass, volume, length or other unit of measure; and

(ii) is presented as an alternative means of expressing the price for supply of the goods that is a displayed price for the goods; or

(c) the price or representation is expressed as an amount in a currency other than Australian currency; or