1Prices Act 1948

South Australia Prices Act 1948 An Act relating to the control of prices; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Administration 4 Commissioner for Prices 5 Administration of this Act 6 Authorised officers 7 Delegations 8 Secrecy 9 Obtaining of information 10 Entry and inspection 11 Hindering authorised officer 11A Personating authorised officer 12 Accounts and records in relation to certain declared goods and services 13 Prices committees 14 Members of price committee 15 Period and conditions of appointment of committee 16 Duty of committees 17 Quorum and majority decision Part 3—Declared goods and services 19 Power to declare goods and services Part 4—Fixing of prices of goods and services 21 Determination of maximum prices 22 Price to include wrapping 24 Determination of maximum rates in relation to supply of services 25 Sales and supplies at prices above fixed maximum 26 Variation of agreements 27 Maximum prices not to be evaded by use of intermediaries 29 Refusal etc to sell at fixed prices 30 Alteration of container size 31 Offering to pay prices or rates above the maximum Part 5—General 43 Application of proclamations and notices 44 Commencement of proclamations and orders 45 Variation of proclamations 46 Knowledge of offences 47 Proof of fixing of prices 47A Service of notices 49 Destroying and hiding documents etc 50 Offences 50A Prosecutions 51 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Prices Act 1948. 3—Interpretation (1) In this Act, unless the contrary intention appears— authorised officer means a person who is an authorised officer under section 6; the Commissioner means the Commissioner for Prices; committee means a prices committee appointed under this Act; declared goods means any goods, which are, pursuant to a proclamation for the time being in force under this Act, declared goods; declared service means any service which is, pursuant to a proclamation for the time being in force under this Act, a declared service; land includes any estate or interest in land; price includes the value of any non-pecuniary consideration (whether direct or indirect); purchase includes taking on hire or lease; and purchaser has a corresponding meaning; retail connotes a sale for the purpose of consumption or use; service means a service supplied on a commercial basis, and includes— (a) any such service available from the Crown or a statutory authority (including transport and the supply of water, gas or electricity); and (b) a right to a service; to sell includes to offer for sale; to supply includes to offer to supply; wholesale connotes a sale for the purpose of resale. (2) For the purposes of this Act, a person offers goods for sale if that person— (a) publishes a price for the goods in a price list; or (b) exposes the goods for sale, or apparently for sale, in a shop or elsewhere; or (c) quotes a price for the sale of the goods; or (d) otherwise suggests or implies that the goods are for sale. (3) For the purposes of this Act, a price may be expressed as a rate. (4) Nothing in this Act authorises regulation or control of the price for which an employee provides a service for an employer. Part 2—Administration 4—Commissioner for Prices (1) The office of Commissioner for Prices is established. (2) The Commissioner will be a person employed in the Public Service of the State. 5—Administration of this Act (1) The Commissioner has the administration of this Act. (2) In the administration of this Act, the Commissioner is subject to direction by the Minister. 6—Authorised officers (1) The following persons are authorised officers for the purposes of this Act: (a) the Commissioner; and (b) any person appointed under subsection (2). (2) The Minister may, on the recommendation of the Commissioner, appoint persons employed in the Public Service of the State to be authorised officers for the purposes of this Act. 7—Delegations (1) The Commissioner may delegate to a person employed in the Public Service of the State or, with the Minister's consent, to a person not so employed any of the Commissioner's powers under this Act or any other Act. (2) The Minister may delegate any of the Minister's powers under this Act. (3) A delegation under this section— (a) must be in writing; and (b) may be made subject to such conditions as the delegator thinks fit; and (c) if made to the holder of a specified office or position, empowers any person for the time being holding or acting in that position to exercise the delegated powers; and (d) is revocable at will; and (e) does not prevent the delegator from acting personally in any matter. (4) In any proceedings, an apparently genuine certificate purporting to be signed by the Minister or the Commissioner (as the case requires) containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof of the particulars. 8—Secrecy A person must not divulge or communicate information acquired by reason of being, or having been, employed or engaged in, or in connection with, the administration of this Act, except— (a) with the consent of the person to whom the information relates; or (b) in connection with the administration of this Act; or (c) to a member of the police force of this State or of the Commonwealth or another State or a Territory of the Commonwealth; or (d) to a person concerned in the administration of another law of the State, or a law of the Commonwealth or another State or a Territory of the Commonwealth relating to the control of prices; or (e) for the purposes of legal proceedings. Maximum penalty: $10 000. 9—Obtaining of information (1) For the purposes of this Act, an authorised officer may require any person— (a) to answer any questions, orally or in writing; or (b) to verify the answer to a question by statutory declaration; or (c) to produce books or documents. (2) A person must not— (a) refuse or fail to comply with a reasonable requirement made under this section; or (b) give, in response to a question put under this section, an answer that is false in a material particular. Maximum penalty: $10 000. (3) A person is not required to answer a question or to produce a book or document if the answer or the production of the book or document would result in or tend towards self-incrimination. 10—Entry and inspection (1) For the purposes of this Act, an authorised officer may at any reasonable time— (a) enter and search any premises or land; and (b) make any inspection, conduct any test and take any samples; and (c) take any books or documents. (2) Where an authorised officer takes any book or document under this section, the officer— (a) may retain the book or document— (i) for so long as is necessary to enable it to be inspected and copies of, or extracts from, it to be made or taken; and (ii) if the book or document is required for legal proceedings, until the conclusion of those proceedings; and (b) while any such book or document is in the officer's possession, must permit the person entitled to it to inspect it at any reasonable time and must, on request, furnish to that person a copy of the book or document certified as a true copy by the Commissioner. (3) In any proceedings an apparently genuine copy of any book or document, taken by an authorised officer pursuant to this Act, certified by the Commissioner to be a true copy of the original is proof of the existence of the original and its contents. (4) The powers conferred by subsection (1) must be exercised so as to avoid any unnecessary disruption of, or interference with, the conduct of business or performance of work. (5) An authorised officer must produce to the person (if any) affording the officer entry to premises or land under this section a certificate of authority issued to the authorised officer by the Commissioner. 11—Hindering authorised officer A person must not hinder an authorised officer who is acting in the exercise of powers conferred by this Act or any other Act. 11A—Personating authorised officer A person must not falsely represent, by words or conduct, that he or she is an authorised officer. 12—Accounts and records in relation to certain declared goods and services (1) This section applies in relation to declared goods or services in respect of which a maximum price has been fixed under this Act. (2) The Commissioner may, by notice given in accordance with subsection (3), require a person who in the course of a business sells goods or supplies services to which this section applies to keep such accounts and records as are specified in the notice. (3) Notice under subsection (2) must be given— (a) in the case of a notice imposing requirements on a particular person—by notice in writing given to that person; or (b) in the case of a notice imposing requirements on persons of a particular class—by notice published in the Gazette, on the Commissioner's website or in a newspaper circulating generally throughout the State. (4) Accounts and records required to be kept under this section must be kept until the Commissioner authorises their destruction. 13—Prices committees (1) The Governor may appoint prices committees for the purposes of this Act. (2) The Governor must by the instrument of appointment of a committee specify the classes of goods or services, or goods and services, in respect of which the committee has power to make recommendations. (3) The Governor may, by notice in the Gazette vary the classes of goods or services, or goods and services, in respect of which a committee has power to make recommendations. 14—Members of price committee A committee consists of— (a) a presiding member nominated by the Minister; and (b) one or more members nominated by the Minister to represent sellers of goods or providers of services in respect of which the committee has power to make recommendations; and (c) one or more members nominated by the Minister to represent consumers of the goods or users of the services in respect of which the committee has power to make recommendations. 15—Period and conditions of appointment of committee (1) A member of a committee holds office for such term of office, and on such conditions, as are determined by the Governor. (2) The Governor may dismiss a member of a committee for— (a) neglect of duty; or (b) dishonesty; or (c) incapacity to perform official duties satisfactorily. 16—Duty of committees A committee must make recommendations to the Minister upon such matters arising under this Act as are referred to the committee by the Minister. 17—Quorum and majority decision (1) A majority of the members of a committee constitutes a quorum for the transaction of business. (2) A decision carried by a majority of the votes cast by the members present at a meeting of a committee is a decision of the committee. (3) Each member present at a meeting of a committee is entitled to one vote on a question before the committee and in the event of an equality of votes the presiding member has an additional casting vote. Part 3—Declared goods and services 19—Power to declare goods and services The Governor may, by proclamation— (a) declare goods of a specified kind to be declared goods; (b) declare services of a specified kind to be declared services; (c) vary or revoke a declaration previously made under this section. Part 4—Fixing of prices of goods and services 21—Determination of maximum prices (1) The Minister may, by order, fix and declare maximum prices in relation to the sale of declared goods. (2) An order under this section— (a) may fix differential maximum prices that vary according to factors specified in the order; and (b) may apply to sales generally or to specified classes of sales; and (c) may apply throughout the State or in specified parts of the State. (3) The Minister may, in an order under this section, declare that the order is subject to conditions specified in the order, and any such declaration has effect in accordance with its terms. 22—Price to include wrapping Every maximum price fixed by or under this Act includes the cost of wrapping the goods to which that price applies. 24—Determination of maximum rates in relation to supply of services (1) The Minister may, by order, fix and declare the maximum price at which any declared service may be supplied. (2) An order under this section— (a) may fix differential maximum prices that vary according to factors specified in the order; and (b) may apply to transactions generally or to specified classes of transactions; and (c) may apply throughout the State or in specified parts of the State. (3) The Minister may, in an order under this section, declare that the order is subject to conditions specified in the order, and any such declaration has effect in accordance with its terms. 25—Sales and supplies at prices above fixed maximum (1) A person must not sell any declared goods or supply any declared services at a price greater than the maximum price fixed under this Act in relation to those goods or services. (2) Where a court finds a defendant guilty of an offence against subsection (1), it may (in addition to any penalty imposed by the court) order the defendant to repay the difference between the price actually received, and the maximum price that could lawfully have been charged, for the goods or services. (3) For the purposes of this section, a person is vicariously liable for the act of an agent or employee unless it is proved that the person could not, by the exercise of reasonable diligence, have prevented that act. 26—Variation of agreements Where the maximum price fixed pursuant to this Act for any goods or services is less than the price fixed by any agreement for the sale or supply of such goods or services, that agreement is, in relation to goods or services sold or supplied while that maximum price is in force, varied by the substitution of that maximum price for the price otherwise payable under the agreement. 27—Maximum prices not to be evaded by use of intermediaries (1) Where the maximum wholesale price of goods of a particular class is fixed by an order under this Act, a wholesaler who is not subject to the order but who purchases goods of that class from a wholesaler who is subject to the order must not, without the consent of the Minister, re-sell the goods by wholesale at a price greater than the maximum permitted by the order. (2) Where the maximum retail price of goods of a particular class is fixed by an order under this Act, a person who is not subject to the order but who purchases goods of that class from a person who is subject to the order must not, without the consent of the Minister, re-sell the goods by retail at a price greater than the maximum permitted by the order. 29—Refusal etc to sell at fixed prices (1) A person who has declared goods for sale in respect of which a maximum price has been fixed under this Act, must not refuse or fail on— (a) demand for any quantity of the declared goods; and (b) tender of payment at the price so fixed for the quantity demanded, to supply the declared goods in the quantity demanded. (2) In any prosecution under this section, it is a sufficient defence to show that, on the occasion in question— (a) the defendant supplied a reasonable quantity of the declared goods; or (b) after making reasonable provision for private consumption or use, for satisfying subsisting contractual obligations and for ordinary business requirements, the defendant did not have a sufficient quantity of the declared goods to supply the quantity demanded; or (c) the defendant was a wholesale trader in the declared goods and the person who demanded the goods was not a person who would normally be entitled to the supply of the goods on a wholesale basis; or (d) the defendant was acting in accordance with a practice for the time being approved by the Minister. (3) For the purpose of determining what is a reasonable quantity of declared goods within the meaning of this section, all the circumstances of the case will be taken into consideration, 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 retail trader in the declared goods demanded (either alone or with other goods). 30—Alteration of container size Where declared goods in respect of which a maximum price has been fixed under this Act are to be offered for sale in a package or container, a person must not, without the written consent of the Minister, alter the size of the package or container prior to the retail sale of the goods. 31—Offering to pay prices or rates above the maximum A person must not knowingly— (a) pay or offer to pay; or (b) hold himself or herself out as being willing to pay or offer to pay or as being willing or able to get another person to pay; or (c) offer to act in connection with paying, for any declared goods or declared services a greater price than the maximum price fixed by or under this Act for the sale of those goods or the supply of that service. Part 5—General 43—Application of proclamations and notices (1) Any proclamation, order or notice authorised to be made or given under this Act may be made or given so as to apply, to— (a) persons generally; or (b) all or any persons of a particular class; or (c) in the case of a proclamation or order, any person to whom a notice is given in pursuance of the proclamation or order; or (d) all or any persons in any area; or (e) any particular person; or (f) the sale of goods or supply of services to a particular person by a particular person; or (g) goods or services generally; or (h) any class of goods or any class of services; or (i) all or any goods or services in any area; or (j) specific goods or a specific service. (2) Every order fixing maximum prices must be published in the Gazette or served on the persons bound by it. 44—Commencement of proclamations and orders A proclamation or order under this Act comes into operation on the date of its publication in the Gazette or on a later date specified in the proclamation or order. 45—Variation of proclamations The Governor may vary or revoke any proclamation for the time being in force under this Act. 46—Knowledge of offences In a charge for an offence of selling goods or supplying services at a price greater than that fixed by or under this Act, it is not necessary for the prosecution to prove that the defendant knew the price so fixed and it is not a defence to prove that the defendant did not know that price. 47—Proof of fixing of prices A certificate signed by the Commissioner stating— (a) that a particular price was fixed under this Act in relation to declared goods or declared services; and (b) that the price was in force on a specified day, is proof, in the absence of proof to the contrary, of the facts stated. 47A—Service of notices A notice required or permitted to be given or served under this Act may be given or served personally or by post. 49—Destroying and hiding documents etc A person who, with intent to evade any provision of this Act, destroys, mutilates, defaces, hides or removes any book, document or other paper is guilty of an offence against this Act. 50—Offences (1) A person who contravenes, or fails to comply with, a provision of this Act is guilty of an offence. (2) A person who is guilty of an offence against this Act is, where no other penalty is prescribed, liable to a penalty not exceeding $2 500 or imprisonment for 6 months. 50A—Prosecutions (1) Proceedings for a summary offence against this Act must be commenced— (a) in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921; (b) in any other case—within two years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within five years of that date. (2) Proceedings for an offence against this Act cannot be commenced except by— (a) an authorised officer; or (b) a person who has the consent of the Minister to commence the proceedings. (3) In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, proceedings for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent. 51—Regulations (1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), those regulations may— (a) require the prices of specified declared goods to be marked or otherwise displayed; and (b) prohibit any transaction or arrangement under which financial relief or compensation is directly or indirectly given or received in respect of bread that, having been supplied for sale by retail, is not sold by retail; and (ba) prohibit the return of bread referred to in paragraph (b) to the supplier of the bread (whether or not financial relief or compensation is directly or indirectly given or received in respect of that bread); and (c) prescribe a fine not exceeding $750 for contravention of, or non-compliance with, a regulation. (3) A regulation may be of general or limited application. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1948 2 Prices Act 1948 5.8.1948 20.9.1948 (Gazette 16.9.1948 p1067) 1949 40 Prices Act Amendment Act 1949 24.11.1949 24.11.1949 1950 7 Prices Act Amendment Act 1950 12.10.1950 12.10.1950 1951 23 Prices Act Amendment Act 1951 25.10.1951 25.10.1951 1952 8 Prices Act Amendment Act 1952 9.10.1952 9.10.1952 1953 31 Prices Act Amendment Act 1953 10.12.1953 10.12.1953 1954 15 Prices Act Amendment Act 1954 28.10.1954 28.10.1954 1955 10 Prices Act Amendment Act 1955 29.9.1955 29.9.1955 1956 21 Prices Act Amendment Act 1956 8.11.1956 8.11.1956 1957 32 Prices Act Amendment Act 1957 7.11.1957 7.11.1957 1958 31 Prices Act Amendment Act 1958 13.11.1958 13.11.1958 1959 43 Prices Act Amendment Act 1959 17.12.1959 17.12.1959 1960 38 Prices Act Amendment Act 1960 3.11.1960 3.11.1960 1961 35 Prices Act Amendment Act 1961 9.11.1961 9.11.1961 1962 39 Prices Act Amendment Act 1962 8.11.1962 8.11.1962 1963 45 Prices Act Amendment Act 1963 28.11.1963 28.11.1963 1964 49 Prices Act Amendment Act 1964 30.10.1964 30.10.1964 1965 57 Prices Act Amendment Act 1965 23.12.1965 23.12.1965 1966 17 Prices Act Amendment Act 1966 7.3.1966 7.3.1966 1966 36 Prices Act Amendment Act (No. 2) 1966 18.8.1966 18.8.1966 1967 25 Prices Act Amendment Act 1967 3.8.1967 3.8.1967 1967 41 Licensing Act 1967 28.9.1967 28.9.1967 (Gazette 28.9.1967 p1485) 1968 25 Prices Act Amendment Act 1968 5.12.1968 5.12.1968 1969 42 Prices Act Amendment Act 1969 13.11.1969 13.11.1969 1970 40 Prices Act Amendment Act 1970 3.12.1970 3.12.1970 1971 87 Prices Act Amendment Act 1971 25.11.1971 25.11.1971 1972 104 Prices Act Amendment Act 1972 16.11.1972 16.11.1972 1973 36 Prices Act Amendment Act 1973 11.10.1973 11.10.1973 1973 64 Urban Land (Price Control) Act 1973 29.11.1973 29.11.1973 (Gazette 29.11.1973 p3056) 1974 102 Prices Act Amendment Act 1974 5.12.1974 5.12.1974 1975 24 Statute Law Revision Act 1975 27.3.1975 27.3.1975 1975 84 Prices Act Amendment Act 1975 13.11.1975 13.11.1975 1976 62 Prices Act Amendment Act 1976 18.11.1976 18.11.1976 1977 49 Prices Act Amendment Act 1977 15.12.1977 15.12.1977 1978 25 Prices Act Amendment Act 1978 30.3.1978 30.3.1978 1978 115 Prices Act Amendment Act (No. 2) 1978 7.12.1978 7.12.1978 1980 14 Prices Act Amendment Act 1980 17.4.1980 17.4.1980 1980 65 Prices Act Amendment Act (No. 2) 1980 13.11.1980 1.1.1981 (Gazette 11.12.1980 p2121) 1980 98 Prices Act Amendment Act (No. 3) 1980 18.12.1980 31.1.1981 (Gazette 29.1.1981 p258) 1980 99 Prices Act Amendment Act (No. 4) 1980 18.12.1980 18.12.1980 1981 81 Prices Act Amendment Act 1981 26.11.1981 26.11.1981 1982 29 Companies (Consequential Amendments) Act 1982 25.3.1982 Sch 1—1.7.1982: s 2 1982 36 Licensing Act Amendment Act 1982 15.4.1982 15.4.1982 (Gazette 15.4.1982 p1299) 1982 39 Prices Act Amendment Act 1982 22.4.1982 22.4.1982 1983 86 Prices Act Amendment Act 1983 1.12.1983 1.12.1983 1984 61 Prices Act Amendment Act 1984 13.9.1984 13.9.1984 1984 103 Prices Act Amendment Act (No. 2) 1984 20.12.1984 20.12.1984 1985 18 Prices Act Amendment Act 1985 14.3.1985 14.3.1985 1987 43 Statutes Amendment (Fair Trading) Act 1987 30.4.1987 26.10.1987 (Gazette 24.9.1987 p940) 1991 71 Wine Grapes Industry Act 1991 12.12.1991 12.12.1991 (Gazette 12.12.1991 p1747) 2000 6 Prices (Miscellaneous) Amendment Act 2000 20.4.2000 29.9.2000 (Gazette 28.9.2000 p2220) 2000 43 Statutes Amendment (Consumer Affairs—Portfolio) Act 2000 13.7.2000 Pt 4 (ss 10 & 11) and Sch 3—1.10.2000 (Gazette 7.9.2000 p1638) 2002 12 Prices (Prohibition on Return of Unsold Bread) Amendment Act 2002 5.9.2002 17.10.2002 (Gazette 17.10.2002 p3845) 2003 44 Statute Law Revision Act 2003 23.10.2003 Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) 2019 25 Statutes Amendment and Repeal (Simplify) Act 2019 3.10.2019 Pt 36 (s 78)—1.7.2020 (Gazette 23.1.2020 p109) Provisions amended since 3 February 1976 • Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 8 of The Public General Acts of South Australia 1837-1975 at page 569. • Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 12 December 1988. A Schedule of these alterations was laid before Parliament on 14 February 1989. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 43/1987 s 4 26.10.1987 Pt 1 heading inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 2 deleted by 43/1987 Sch 26.10.1987 s 3