TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 96 Acts constituting engaging in resale price maintenance.

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 96

96. (1) Subject to this Part, a corporation (in this section called "the
supplier") engages in the practice of resale price maintenance if that
corporation does an act referred to in any of the paragraphs of sub-section
(3).

(2) Subject to this Part, a person (not being a corporation and also in this
section called "the supplier") engages in the practice of resale price
maintenance if that person does an act referred to in any of the paragraphs of
sub-section (3) where the second person mentioned in that paragraph is a
corporation.

(3) The acts referred to in sub-sections (1) and (2) are the following:-

   (a)  the supplier making it known to a second person that the supplier will
        not supply goods to the second person unless the second person agrees
        not to sell those goods at a price less than a price specified by
        the supplier;

   (b)  the supplier inducing, or attempting to induce, a second person not to
        sell, at a price less than a price specified by the supplier, goods
        supplied to the second person by the supplier or by a third person
        who, directly or indirectly, has obtained the goods from the supplier;

   (c)  the supplier entering into an agreement, or offering to enter into an
        agreement, for the supply of goods to a second person, being an
        agreement one of the terms of which is, or would be, that the second
        person will not sell the goods at a price less than a price specified,
        or that would be specified, by the supplier;

   (d)  the supplier withholding the supply of goods to a second person for
        the reason that the second person-

        (i)    has not agreed as mentioned in paragraph (a); or

        (ii)   has sold, or is likely to sell, goods supplied to him by the
               supplier, or goods supplied to him by a third person who,
               directly or indirectly, has obtained the goods from
               the supplier, at a price less than a price specified by
               the supplier as the price below which the goods are not to be
               sold;

   (e)  the supplier withholding the supply of goods to a second person for
        the reason that a third person who, directly or indirectly, has
        obtained, or wishes to obtain, goods from the second person-

        (i)    has not agreed not to sell those goods at a price less than a
               price specified by the supplier; or

        (ii)   has sold, or is likely to sell, goods supplied to him, or to be
               supplied to him, by the second person, at a price less than a
               price specified by the supplier as the price below which the
               goods are not to be sold; and

   (f)  the supplier using, in relation to any goods supplied, or that may be
        supplied, by the supplier to a second person, a statement of a price
        that is likely to be understood by that person as the price below
        which the goods are not to be sold.

(4) For the purposes of sub-section (3)-

   (a)  where a price is specified by another person on behalf of
        the supplier, it shall be deemed to have been specified by
        the supplier;

   (b)  where the supplier makes it known, in respect of goods, that the price
        below which those goods are not to be sold is a price specified by
        another person in respect of those goods, or in respect of goods of a
        like description, that price shall be deemed to have been specified,
        in respect of the first-mentioned goods, by the supplier;

   (c)  where a formula is specified by or on behalf of the supplier and a
        price may be ascertained by calculation from, or by reference to, that
        formula, that price shall be deemed to have been specified by
        the supplier; and

   (d)  where the supplier makes it known, in respect of goods, that the price
        below which those goods are not to be sold is a price ascertained by
        calculation from, or by reference to, a formula specified by another
        person in respect of those goods, or in respect of goods of a like
        description, that price shall be deemed to have been specified, in
        respect of the first-mentioned goods, by the supplier.
(5) In sub-section (4), "formula" includes a set form or method.

(6) For the purposes of sub-section (3), anything done by a person acting on
behalf of, or by arrangement with, the supplier shall be deemed to have been
done by the supplier.

(7) A reference in any of paragraphs (3) (a) to (e), inclusive, including a
reference in negative form, to the selling of goods at a price less than a
price specified by the supplier shall be construed as including references to-

   (a)  the advertising of goods for sale at a price less than a price
        specified by the supplier as the price below which the goods are not
        to be advertised for sale;

   (b)  the displaying of goods for sale at a price less than a price
        specified by the supplier as the price below which the goods are not
        to be displayed for sale; and

   (c)  the offering of goods for sale at a price less than a price specified
        by the supplier as the price below which the goods are not to be
        offered for sale, and a reference in paragraph (3) (d), (e) or (f) to
        a price below which the goods are not to be sold shall be construed as
        including a reference to the price below which the goods are not to be
        advertised for sale, to the price below which the goods are not to be
        displayed for sale and to the price below which the goods are not to
        be offered for sale.