40Refusal to perform service at declared rate

40 Refusal to perform service at declared rate (1) A person who supplies or carries on any declared service in respect of which a maximum rate has been fixed under this Act shall not refuse or fail on: (a) demand for the supply of the declared service; and (b) tender of payment at the rate fixed for the service, to supply the declared service. 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 31 (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 portion of the declared service demanded, or, after making reasonable provision for his private use, sufficient service was not under his control to supply the service demanded or a reasonable portion, in addition to the service required to satisfy all other contracts, then subsisting, under which he was obliged to supply that service, and the ordinary requirements of his business; or (b) 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 portion of any declared service within the meaning of this section, regard shall be had to all the circumstances of the case, including the question whether the portion of the service demanded represented the normal requirements of the person who demanded its supply to him.