20Determination of maximum prices, rates etc.

20 Determination of maximum prices, rates etc. (1A) The Controller may only make an order under subsection (1) or (5) if he or she is satisfied that the order is necessary to prevent price exploitation that may occur because of: (a) a natural or man-made disaster (whether or not in the Territory) that has occurred and that may prevent consumers benefiting from the operation of a competitive market; or (b) the apparent failure of other laws to protect consumers from monopolies or to effectively ensure that consumers benefit from the operation of a competitive market within all or a part of the Territory.

Price Exploitation Prevention Act 10 (1) The Controller may, with respect to any declared goods, from time to time by order: (a) fix and declare the maximum price at which any such goods may be sold generally or in any part of the Territory; or (b) declare that the maximum price at which any such goods may be sold: (i) by any person, shall be such price as is fixed by the Controller by notice in writing to that person; or (ii) by any body or association of persons, or any member of any such body or association, shall be such price as is fixed by the Controller by notice in writing to that body or association. (2) In particular, but without limiting the generality of subsection (1), the Controller, in the exercise of his powers under that subsection, may fix and declare: (a) different maximum prices according to differences in quality or description or in the quantity sold, or in respect of different forms, modes, conditions, terms, or localities of trade, commerce, sale or supply; (b) different maximum prices for different parts of the Territory; (c) maximum prices on a sliding scale; (d) maximum prices on a condition or conditions; (e) maximum prices for cash, delivery or otherwise, and in any such case inclusive or exclusive of the cost of packing or delivery; (f) maximum prices on landed or other cost, together with a percentage thereon or a specified amount, or both; (g) maximum prices according to or upon any principle or condition specified by the Controller; and (h) maximum prices relative to such standards of measurement, weight, capacity, or otherwise howsoever as he thinks proper, or relative to prices charged by individual traders on any date specified by the Controller, with such variations (if any) as in the special circumstances of the case the Controller thinks fit, or so that such prices shall vary in accordance with a standard, or time, or other circumstance, or shall vary with profits or wages, or with such costs as are determined by the

Price Exploitation Prevention Act 11 Controller. (3) The power conferred by paragraph (a) of subsection (1) to fix and declare by order the maximum price at which any declared goods may be sold shall for all purposes be deemed to be validly exercised by an order which fixes any such price by reference to a list of prices approved by the Controller and issued by a body or association of persons which is recognized by the Controller: (a) in the case of sales by a producer or manufacturer of goods – to be representative of the producers or manufacturers, as the case may be, of the goods in relation to the sale of which the price is so fixed; and (b) in the case of sales by a trader in goods – to be representative of the traders in the goods, in relation to the sale of which the price is so fixed. (4) Where the Controller makes an order in the form authorized by subsection (3), the Controller shall, on application by a seller of the goods to which the order relates, furnish him with a copy of the list of prices referred to in the order. (5) The Controller may, with respect to any declared service, from time to time by order: (a) fix and declare the maximum rate at which any such service may be supplied or carried on generally or in any part of the Territory; or (b) declare that the maximum rate at which any such service may be supplied or carried on: (i) by any person shall be such rate as is fixed by the Controller by notice in writing to that person; or (ii) by any body or association of persons, or any member of any such body or association, shall be such rate as is fixed by the Controller by notice in writing to that body or association. (6) In particular, but without limiting the generality of subsection (5), the Controller, in the exercise of his powers under that subsection, may fix and declare: (a) different maximum rates according to differences in the quality, description or volume of the service supplied or carried on or in respect of different forms, modes, conditions, terms or localities of trade, commerce or supply;