Commonwealth Numbered Acts

PRICES SURVEILLANCE ACT 1983 No. 145, 1983 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

         ''appoint'' includes re-appoint;


         ''associate member'' means an associate member of the Authority;


         ''Authority'' means the Prices Surveillance Authority established by
this Act;

         ''Chairman'' means the Chairman of the Authority and includes a
person acting in the office of Chairman of the Authority;

         ''Commonwealth authority'' means-


   (a)  the Commonwealth;

   (b)  an authority, institution or other body (other than a society,
        association or incorporated company) established for a public purpose
        by or under a law of the Commonwealth or of the Australian Capital
        Territory; and

   (c)  a society, association or incorporated company in which the
        Commonwealth, or an authority, institution or other body of the kind
        referred to in paragraph (b), has a controlling interest;

         ''declared person'', in relation to goods or services of a particular
description, means a person in relation to whom a declaration under paragraph
21 (1) (b) in relation to goods or services of that description is in force;

         ''document'' includes-


   (a)  a book, plan, paper, parchment or other material on which there is
        writing or printing, or on which there are marks, symbols or
        perforations having a meaning for persons qualified to interpret them;

   (b)  a disc, tape, paper, or other device from which sounds or messages are
        capable of being reproduced; and

   (c)  any other record of information;

         ''exempt supply'', in relation to goods or services of a particular
description, means a supply of goods or services of that description in
relation to which a declaration under paragraph 21 (1) (c) is in force;

         ''full-time member'' means a member who is appointed as a full-time
member;

         ''goods'' includes-


   (a)  ships, aircraft and other vehicles;

   (b)  animals, including fish;

   (c)  minerals, trees and crops, whether on, under or attached to land or
        not;

   (d)  water; and

   (e)  gas and electricity;

         ''inquiry'' means an inquiry held by the Authority in accordance with
Part III into a matter or matters relating to prices for the supply of goods
or services;

         ''law of the Commonwealth'' does not include-


   (a)  the Northern Territory (Self-Government) Act 1978;

   (b)  the Norfolk Island Act 1979; or

   (c)  a law made under, or continued in force by, an Act referred to in
        paragraph (a) or (b);

         ''meeting'' means a meeting of the Authority and includes a sitting
of the Authority for the purpose of taking evidence or receiving submissions
in an inquiry;

         ''member'' means the Chairman or another member of the Authority and
includes a person acting in the office of a member of the Authority;

         ''notified goods or services'' means goods or services of a
description in relation to which a declaration under paragraph 21 (1) (a) is
in force;

         ''person'' includes a Commonwealth authority;


         ''prescribed authority'' means-


   (a)  a State, the Northern Territory or Norfolk Island;

   (b)  an authority, institution or other body (other than a society,
        association or incorporated company) established for a public purpose
        by or under a law of a State, of the Northern Territory or of Norfolk
        Island; and

   (c)  a society, association or incorporated company in which a State, the
        Northern Territory, Norfolk Island, or an authority, institution or
        other body of a kind referred to in paragraph (b), has a controlling
        interest;

     ''price'' includes-


   (a)  a charge of any description; and

   (b)  in relation to goods or services-any pecuniary benefit, whether direct
        or indirect, received or to be received by a person for or in
        connection with the supply by the person of the goods or services;

         ''services'' includes the rights or benefits provided under an
agreement for the performance of work (otherwise than under a contract of
service), whether with or without the supply of goods;

         ''supply'', in relation to goods, means supply (including re-supply)
by way of sale (including sale by wholesale and sale by retail) and, in
relation to services, includes provide, grant or confer.

(2) In this Act, unless the contrary intention appears-

   (a)  a reference to the supply of goods or services includes a reference to
        agreeing to supply goods or services;

   (b)  a reference to the supply of goods includes a reference to the supply
        of goods together with other property or services, or both;

   (c)  a reference to the supply of services includes a reference to the
        supply of services together with property or other services, or both;

   (d)  a reference to the supply of goods does not include a reference to-

        (i)    a supply for use outside Australia;

        (ii)   a supply for which a price is not charged; or

        (iii)  any other prescribed supply; and

   (e)  a reference to the supply of services does not include a reference to-

        (i)    a supply outside Australia;

        (ii)   a supply for which a price is not charged; or

        (iii)  any other prescribed supply.

(3) For the purposes of this Act, a supply by way of retail sale shall be
taken not to be a supply on terms and conditions that are the same as, or
substantially similar to, the terms and conditions of a supply by way of
wholesale sale.

(4) A reference in this Act to a member of the staff of the Authority is a
reference to-

   (a)  a member of the staff referred to in sub-section 41 (1); or

   (b)  a person engaged under sub-section 42 (1).