Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person must not, in trade or commerce, sell goods to which more than 1 price is attached at a price that is greater than the lower, or lowest, of the prices.
(2) In subsection (1), a reference to a price attached to goods includes a reference to a price—
(a) that is annexed or affixed to, or is written, printed, stamped or located on, or otherwise applied to, the goods or any band, ticket, covering, label, reel or thing used in connection with the goods; or
(b) that is used in connection with the goods or anything on which the goods are mounted for display or exposed for sale; or
(c) that is determined on the basis of anything encoded on or in relation to the goods; or
(d) that is published in relation to the goods in a catalogue available to the public if—
(i) a time is stated in the catalogue as the time after which the goods will not be sold at that price and that time has not passed; or
(ii) in any other case—the catalogue may reasonably be regarded as not out-of-date; or
(e) that is in any other way represented in a way from which it may reasonably be inferred that the price represented is a price applicable to the goods.
(3) If a price attached to goods is written, stamped or located wholly or partly over another price, or other prices, attached to the goods, all the prices are, for subsection (1), prices attached to the goods.
(4) It is a defence to a prosecution of a person under this section that—
(a) the contravention in relation to which the prosecution was started was caused by the act or default of another person (other than a director, employee or agent of the defendant), to an accident or to some other cause beyond the defendant's control; and
(b) the defendant had taken all reasonable precautions and exercised due diligence to avoid the contravention.
(5) In this section:
"price" includes any representation that may reasonably be inferred to be a representation of a price and does not include an amount expressed in a currency other than Australian currency.