39Refusal etc. to sell at fixed price

39 Refusal etc. to sell at fixed price (1) A person who has in his custody or under his control any declared goods for sale in respect of which a maximum price has been fixed under this Act, shall not refuse or fail on: (a) demand of any quantity of the declared goods; and (b) tender of payment at the price so fixed for the quantity demanded, to supply any such declared goods in the quantity demanded. Maximum penalty: If the offender is a natural person – 100 penalty units. If the offender is a body corporate – 500 penalty units.

Price Exploitation Prevention Act 30 (2) In any prosecution under this section, it shall be a sufficient defence to show that, on the occasion in question: (a) the defendant supplied a reasonable quantity of the declared goods, or, after making reasonable provision for private consumption or use, had not a sufficient quantity of the declared goods in his custody or under his control to supply the quantity demanded or a reasonable quantity, in addition to the quantity required to satisfy all other contracts, then subsisting, under which he was obliged to supply quantities of the declared goods for use or consumption and the ordinary requirements of his business; (b) the defendant was a wholesale trader in the declared goods and the person who demanded to be supplied was not a manufacturer or a retail trader therein, or in any declared goods made or partly made therefrom; or (c) the defendant was acting in accordance with a practice for the time being approved by the Controller. (3) For the purpose of determining what is a reasonable quantity of any declared goods within the meaning of this section, regard shall be had to all the circumstances of the case, including the question whether the person who demanded to be supplied was or was not, at the time of the demand, carrying on business as a trader in the declared goods demanded, either alone or with other goods.