30Offence to sell at price higher than maximum price

30 Offence to sell at price higher than maximum price (1) A person shall not: (a) sell or offer for sale any declared goods at a greater price than the maximum price fixed in relation thereto by or under this Ordinance for the sale of those goods; or (b) without the prior approval of the Controller, sell or offer for sale any declared goods upon terms or conditions different from the terms or conditions upon which substantially identical goods were sold by him on the prescribed date if such sale or offer for sale upon such terms and conditions would result directly or indirectly: (i) in a greater price than the maximum price fixed in relation thereto being obtained; or

Price Exploitation Prevention Act 24 (ii) in any other manner to the advantage of the seller. Maximum penalty: If the offender is a natural person – 100 penalty units. If the offender is a body corporate – 500 penalty units. (2) In addition to any penalty that may be imposed for a breach of subsection (1), the court may order the defendant to refund to the purchaser the difference between the maximum price so fixed and the price at which the goods were sold. (3) A certificate by the Controller or a Deputy Controller specifying the difference between the maximum price fixed, in relation to the goods the sale of which is the subject of any proceedings under subsection (1), and the price at which the goods were sold shall, for the purposes of subsection (2), be prima facie evidence of the matters stated therein. (4) For the purposes of this section, a person on whose behalf or at whose place of business any declared goods are sold or offered for sale at a greater price than the maximum price fixed, in relation thereto, under this Act, for the sale of those goods, whether the goods are sold or offered for sale contrary to the instructions of the person or not, shall be deemed to have contravened the provisions of this section, unless the court is satisfied that the sale or offering for sale took place without his knowledge and that he has systematically used all due diligence to secure observance of this Act. (5) For the purposes of this section, a person shall be deemed to offer goods for sale at a particular price if he notifies that price as the price proposed by him for a sale of the goods by the publication of a price list, by exposing the goods for sale in association with a mark indicating price, by furnishing a quotation or otherwise howsoever. (6) In this section, prescribed date, in relation to the sale or offer for sale of any declared goods, means such date as is declared to be the prescribed date in any order made with respect to those goods under section 20.