22Notification to Commission of proposed increases in prices of goods or services

##### 22 Notification to Commission of proposed increases in prices of goods or services (1) Subject to subsection (2), a person who is a declared person in relation to goods or services of a particular description, being notified goods or services, shall not supply goods or services of that description in a locality on particular terms and conditions: (a) if the person has supplied goods or services of that description in that locality on the same or substantially similar terms and conditions in the past 12 months—at a price exceeding the highest price at which the person has supplied goods or services of that description in that locality on the same or substantially similar terms and conditions in that period; (b) if the person has not supplied goods or services of that description in that locality on the same or substantially similar terms and conditions in the past 12 months, but has supplied goods or services of that description elsewhere in Australia on the same or substantially similar terms and conditions in that period—at a price exceeding the highest price at which the person has supplied goods or services of that description in Australia on the same or substantially similar terms and conditions in that period; or (c) if the person has not supplied goods or services of that description in Australia on the same or substantially similar terms and conditions in the past 12 months. Penalty: 100 penalty units. > Note 1: The penalty is a maximum penalty (see section 4D of the Crimes Act 1914). If a body corporate is convicted of the offence, a court may impose a fine not more than 5 times the maximum fine that the court could impose (see subsection 4B(3) of the Crimes Act 1914). Penalty units are defined in section 4AA of the Crimes Act 1914. > Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) Subsection (1) does not prohibit a person from supplying goods or services of a particular description in a locality on particular terms and conditions (in this subsection referred to as the relevant terms) at a particular price (in this subsection referred to as the relevant price) if: (a) the person has given to the Commission a notice in writing stating that the person proposes to supply goods or services of that description in that locality on specified terms and conditions (in this subsection referred to as the proposed terms) at a specified price (in this subsection referred to as the proposed price); (b) the event or events referred to in one of the following subparagraphs has or have occurred: (i) the prescribed period in relation to the notice referred to in paragraph (a) has expired; (ii) the Commission has served notice in writing on the person stating that the Commission has no objection to the person supplying goods or services of that description in that locality on the proposed terms at the proposed price; (iii) the Commission has served a notice in writing on the person stating that the Commission would have no objection to the person supplying goods or services of that description in that locality on the proposed terms at a specified price, being a price that is lower than the proposed price, and the person has, not later than 7 days after service on the person of the notice by the Commission, given to the Commission a further notice stating that the person proposes to supply goods or services of that description in that locality on the proposed terms at a price not exceeding the price specified in the notice by the Commission; (c) the relevant terms are the same as, or substantially similar to, the proposed terms; and (d) the relevant price does not exceed: (i) in a case to which subparagraph (ii) does not apply—the proposed price; or (ii) if both of the events referred to in subparagraph (b)(iii) have occurred—the price specified in the notice first referred to in that subparagraph. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). (3) Subsection (1) does not apply in relation to a supply of goods or services of a particular description that is an exempt supply in relation to goods or services of that description. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) Where a person has given a notice to the Commission under paragraph (2)(a) (in this subsection referred to as the original notice) specifying a price: (a) the person may (whether or not he or she has previously given to the Commission a notice under this subsection in relation to the original notice) give to the Commission a further notice stating that the original notice is to have effect as if there were substituted for the price specified in the original notice such price (being a price lower than the price specified in the original notice and lower than the price specified in any previous notice under this subsection in relation to the original notice) as is specified in the further notice; and (b) if a further notice is so given by the person, the original notice has effect accordingly. (5) For the purposes of this section, the prescribed period in relation to a notice given to the Commission under paragraph (2)(a) is, subject to subsections (6) and (7), the period of 21 days commencing on the day on which the notice was so given. (6) The Commission may, with the consent of a person who has given a notice to the Commission under paragraph (2)(a), determine, before the expiration of the period of 21 days referred to in subsection (5), that the prescribed period in relation to the notice for the purposes of this section shall be a specified longer period and, in that case, a reference to that longer period shall, for the purposes of the application of that subsection in relation to the notice, be deemed to be substituted in that subsection for the reference to the period of 21 days. (7) Where the Commission has served a notice on a person under subparagraph (2)(b)(iii) in relation to a notice given by the person to the Commission under paragraph (2)(a) then, for the purposes of the application of subsection (5) in relation to the second‑mentioned notice, the reference in that subsection to the period of 21 days, or, if a reference to a longer period is to be deemed, by virtue of subsection (6), to be substituted in subsection (5), the reference to that longer period, shall be deemed to be a reference to the period of 21 days, or to that longer period, as the case may be, increased by a further period of 14 days.