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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 98 Withholding the supply of goods.

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 98

Withholding the supply of goods.
98. (1) For the purposes of paragraph 96 (3) (d) or (e), the supplier shall be
deemed to withhold the supply of goods to another person if-

   (a)  the supplier refuses or fails to supply those goods to, or as
        requested by, the other person;

   (b)  the supplier refuses to supply those goods except on terms that are
        disadvantageous to the other person;

   (c)  in supplying goods to the other person, the supplier treats that
        person less favourably, whether in respect of time, method or place of
        delivery or otherwise, than the supplier treats other persons to whom
        the supplier supplies the same or similar goods; or

   (d)  the supplier causes or procures a person to withhold the supply of
        goods to the other person as mentioned in paragraph (a), (b) or (c) of
        this sub-section.

(2) Paragraph 96 (3) (d) does not apply in relation to the withholding by the
supplier of the supply of goods to another person who, within the preceding
year, has sold goods obtained, directly or indirectly, from the supplier at
less than their cost to that other person-

   (a)  for the purpose of attracting to the establishment at which the goods
        were sold persons likely to purchase other goods; or

   (b)  otherwise for the purpose of promoting the business of that other
        person.

(3) For the purposes of sub-section (2), there shall be disregarded-

   (a)  a genuine seasonal or clearance sale of goods that were not acquired
        for the purpose of being sold at that sale; or

   (b)  a sale of goods that took place with the consent of the supplier.