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COMPETITION AND CONSUMER ACT 2010 - SECT 95N

Price restrictions

             (1)  This section applies if an inquiry body gives a person a business notice stating that it is to hold an inquiry in relation to the supply by the person of goods or services of a particular description.

Offence: previous local supply

             (2)  The person commits an offence if:

                     (a)  before the applicable day in relation to the business notice, the person supplies (the current supply ) goods or services of that description in a locality on particular terms and conditions; and

                     (b)  the person has supplied goods or services of that description in that locality on the same or substantially similar terms and conditions in the period of 12 months before the current supply; and

                     (c)  the current supply is at a price that exceeds 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; and

                     (d)  in a case where a notice has been given to the person under subsection (5)--the current supply is not in accordance with the notice.

Penalty:  100 penalty units.

Offence: no previous local supply

             (3)  The person commits an offence if:

                     (a)  before the applicable day in relation to the business notice, the person supplies (the current supply ) goods or services of that description in a locality on particular terms and conditions; and

                     (b)  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 period of 12 months before the current supply, but has supplied goods or services of that description elsewhere in Australia on the same or substantially similar terms and conditions in that period; and

                     (c)  the current supply is at a price that exceeds 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; and

                     (d)  in a case where a notice has been given to the person under subsection (5)--the current supply is not in accordance with the notice.

Penalty:  100 penalty units.

Offence: no previous supply in Australia

             (4)  The person commits an offence if:

                     (a)  before the applicable day in relation to the business notice, the person supplies (the current supply ) goods or services of that description in a locality on particular terms and conditions; and

                     (b)  the person has not supplied goods or services of that description in Australia on the same or substantially similar terms and conditions in the period of 12 months before the current supply; and

                     (c)  in a case where a notice has been given to the person under subsection (5)--the current supply is not in accordance with the notice.

Penalty:  100 penalty units.

Approval to increase prices

             (5)  The Commission may give the person a notice in writing stating that the person is permitted, during the period:

                     (a)  beginning on a specified day; and

                     (b)  ending at the beginning of the applicable day in relation to the business notice;

to supply goods or services of a specified description in a specified locality on specified terms and conditions at a price not exceeding a specified price.

             (6)  The Commission may give a notice under subsection (5) on its own initiative or on the application of the person.

Consultation

             (7)  In an external inquiry, the Commission must consult the body holding the inquiry before giving a notice under subsection (5).

Definition

             (8)  In this section:

"applicable day " , in relation to a business notice, means the 14th day after whichever is the earlier of the following days:

                     (a)  the day on which the person given the notice receives a copy of the report by the inquiry body on the inquiry to which the notice relates;

                     (b)  the last day of the period within which the inquiry body is required to complete the inquiry to which the notice relates and to give the Minister a report on the inquiry.



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