Commonwealth Numbered Acts

PRICES SURVEILLANCE ACT 1983 No. 145, 1983 - SECT 22

22. (1) Subject to sub-section (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 previously supplied goods or services of that
        description in that locality on the same or substantially similar
        terms and conditions-at a price exceeding the highest price at which
        the person has previously supplied goods or services of that
        description in that locality on the same or substantially similar
        terms and conditions;

   (b)  if the person has not previously supplied goods or services of that
        description in that locality on the same or substantially similar
        terms and conditions, but has previously supplied goods or services of
        that description elsewhere in Australia on the same or substantially
        similar terms and conditions-at a price exceeding the highest price at
        which the person has previously supplied goods or services of that
        description in Australia on the same or substantially similar terms
        and conditions; or

   (c)  if the person has not previously supplied goods or services of that
        description in Australia on the same or substantially similar terms
        and conditions.

Penalty: $10,000.

(2) Sub-section (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 sub-section referred to as the ''relevant terms'') at a
particular price (in this sub-section referred to as the ''relevant price'')
if-

   (a)  the person has given to the Authority 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
sub-section referred to as the ''proposed terms'') at a specified price (in
this sub-section referred to as the ''proposed price'');

   (b)  the event or events referred to in one of the following sub-paragraphs
        has or have occurred:

        (i)    the prescribed period in relation to the notice referred to in
               paragraph (a) has expired;

        (ii)   the Authority has served notice in writing on the person
               stating that the Authority 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 Authority has served a notice in writing on the person
               stating that the Authority 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 Authority, given to the Authority 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 Authority;

   (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 sub-paragraph (ii) does not apply-the
               proposed price; or

        (ii)   if both of the events referred to in sub-paragraph (b) (iii)
               have occurred-the price specified in the notice first referred
               to in that sub-paragraph.

(3) Sub-section (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.

(4) Where a person has given a notice to the Authority under paragraph
(2) (a) (in this sub-section referred to as the ''original notice'')
specifying a price-

   (a)  the person may (whether or not he has previously given to the
        Authority a notice under this sub-section in relation to the
        original notice) give to the Authority 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 sub-section 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 Authority under paragraph (2) (a) is, subject to
sub-sections (6) and (7), the period of 21 days commencing on the day on which
the notice was so given.

(6) The Authority may, with the consent of a person who has given a notice to
the Authority under paragraph (2) (a), determine, before the expiration of the
period of 21 days referred to in sub-section (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 sub-section in relation to
the notice, be deemed to be substituted in that sub-section for the reference
to the period of 21 days.

(7) Where the Authority has served a notice on a person under sub-paragraph
(2) (b) (iii) in relation to a notice given by the person to the Authority
under paragraph (2) (a) then, for the purposes of the application of
sub-section (5) in relation to the second-mentioned notice, the reference in
that sub-section to the period of 21 days, or, if a reference to a longer
period is to be deemed, by virtue of sub-section (6), to be substituted in
sub-section (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.