New South Wales Consolidated Acts

PRICES REGULATION ACT 1948 - SECT 20

20 Determination of maximum prices, rates etc

(1) The Tribunal may, with respect to any declared goods, from time to time, by order published in the Gazette:

(a) fix and declare the maximum price at which any such goods may be sold generally or in any part of the State or in any proclaimed area, or

(b) declare that the maximum price at which any such goods may be sold:

(i) by any person, shall be such price as is fixed by the Tribunal by notice in writing to that person, or

(ii) by any body or association of persons, or any member of any such body or association, shall be such price as is fixed by the Tribunal by notice in writing to that body or association.

(1A) Notwithstanding subsection (1), the Tribunal shall, before causing an order referred to in subsection (1) to be published in the Gazette, serve a copy of the proposed order on the Minister and shall not cause the proposed order to be so published:

(a) unless the Minister has informed the Tribunal that he or she does not propose to give it a direction under paragraph (b), or

(b) if the Minister, in the public interest, has directed the Tribunal not to publish the proposed order.

(2) In particular, but without limiting the generality of subsection (1), the Tribunal, in the exercise of its powers under that subsection, may fix and declare:

(a) different maximum prices according to differences in quality or description or in the quantity sold, or in respect of different forms, modes, conditions, terms or localities of trade, commerce, sale or supply,

(b) different maximum prices for different parts of the State, or in different proclaimed areas,

(c) maximum prices on a sliding scale,

(d) maximum prices on a condition or conditions,

(e) maximum prices for cash, delivery or otherwise, and in any such case inclusive or exclusive of the cost of packing or delivery,

(f) maximum prices on landed or other cost, together with a percentage thereon or a specified amount, or both,

(g) maximum prices according to or upon any principle or condition prescribed by the Tribunal, and

(h) maximum prices relative to such standards of measurement weight, capacity, or otherwise howsoever as it thinks proper, or relative to prices charged by individual traders on any date specified by the Tribunal, with such variations (if any) as in the special circumstance of the case the Tribunal thinks fit, or so that such prices shall vary in accordance with a standard, or time, or other circumstance, or shall vary with profits or wages, or with such costs as are determined by the Tribunal.

(3) The power conferred by paragraph (a) of subsection (1) to fix and declare by order published in the Gazette the maximum price at which any declared goods may be sold shall for all purposes be deemed to be validly exercised by an order so published which fixes any such price by reference to a list of prices approved by the Tribunal and issued by a body or association of persons which is recognised by the Tribunal:

(a) in the case of sales by a producer or manufacturer of goods, to be representative of the producers or manufacturers, as the case may be, of the goods in relation to the sale of which the price is so fixed, and

(b) in the case of sales by a trader in goods, to be representative of the traders in the goods, in relation to the sale of which the price is so fixed.

(4) Where the Tribunal makes an order in the form authorised by subsection (3), the Tribunal shall, on application by a seller of the goods to which the order relates, furnish him or her with a copy of the list of prices referred to in the order.

(5) The Tribunal may, with respect to any declared service, from time to time, in its absolute discretion, by order published in the Gazette:

(a) fix and declare the maximum rate at which any declared service may be supplied or carried on generally or in any part of the State or in any proclaimed area, or

(b) declare that the maximum rate at which any such service may be supplied or carried on:

(i) by any person shall be such rate as is fixed by the Tribunal by notice in writing to that person, or

(ii) by any body or association of persons, or any member of any such body or association, shall be such rate as is fixed by the Tribunal by notice in writing to that body or association.

(6) In particular, but without limiting the generality of subsection (5), the Tribunal, in the exercise of its powers under that subsection, may fix and declare:

(a) different maximum rates according to differences in the quality, description or volume of the service supplied or carried on or in respect of any different forms, modes, conditions, terms or localities of trade, commerce or supply,

(b) different maximum rates for different parts of the State or in different proclaimed areas,

(c) maximum rates on a sliding scale,

(d) maximum rates on a condition or conditions,

(e) maximum rates for cash or on terms,

(f) maximum rates according to or upon any principle or condition specified by the Tribunal, and

(g) maximum rates relative to such standards as it thinks proper, or relative to the rates charged by individual suppliers on any date specified by the Tribunal, with such variations (if any) as in the special circumstances of the case the Tribunal thinks fit, or so that such rates will vary in accordance with a standard, or time, or other circumstance, or shall vary with profits or wages, or with such costs as are determined by the Tribunal.

(7) The power conferred by paragraph (a) of subsection (5) to fix and declare by order published in the Gazette the maximum rate at which any declared service may be supplied or carried on shall for all purposes be deemed to be validly exercised by an order so published which fixes any such rate by reference to a list of rates approved by the Tribunal and issued by a body or association of persons which is recognised by the Tribunal to be representative of the persons who supply or carry on the service to which the order relates.

(8) Where the Tribunal makes an order in the form authorised by subsection (7), the Tribunal shall, on application by any person who supplies or carries on the service to which the order relates, furnish him or her with a copy of the list of rates referred to in the order.

(9) The Tribunal shall not exercise the powers conferred by paragraph (b) of subsection (1), or paragraph (b) of subsection (5) to fix by notice in writing to a body or association of persons the maximum price or rate at which the members of that body or association shall sell any goods or supply or carry on any service, unless that body or association:

(a) is recognised by the Tribunal as representative of the producers or manufacturers of or traders in those goods or of the persons who supply or carry on that service, and

(b) has requested the Tribunal in writing to exercise those powers.

(10) Where the Tribunal fixes by notice in writing to a body or association of persons the maximum price or rate at which the members of that body or association may sell any goods or supply or carry on any service:

(a) the secretary or other proper officer of the body or association shall:

(i) upon receipt of the notice, forthwith acknowledge its receipt by telegram addressed to the Tribunal and communicate to the members, by letter or telegram, its contents and the date upon which he or she received it,

(ii) make a record of the time at which and the manner in which he or she communicates to each member the matters specified in subparagraph (i), and

(iii) produce the record for inspection on demand by the Tribunal,

(b) the contents of the notice, if communicated by letter, shall be presumed, unless the contrary is proved, to have been communicated to a member at the time at which the letter would be delivered to him or her in the ordinary course of post, and

(c) the notice shall take effect, in respect of any member, upon communication to him or her of its contents or upon the expiration of seven days from its receipt by the secretary or other proper officer of the body or association, whichever is the earlier.

(11) An order under this section may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the order.

(12) The mere production of the Gazette containing an order published in pursuance of this section fixing and declaring:

(a) by reference to a list of prices, the maximum price at which any declared goods may be sold, or

(b) by reference to a list of rates, the maximum rate at which any declared service may be supplied or carried on,

or of a paper purporting to be a copy of any such order and purporting to be printed by the Government Printer, shall in all courts be evidence that the list was at the date of publication of the order in the Gazette approved by the Tribunal and issued by a body or association of persons recognised by the Tribunal to be:

(i) representative of the producers or manufacturers of the goods,

(ii) representative of the traders in the goods, or

(iii) representative of the persons who supply or carry on the service,

as the case may be.

(13) The Tribunal may at any time by order published in the Gazette amend, vary or revoke any order made under this section.

(14) Every order made under this section shall take effect upon the date specified in the order or, if no date is so specified, upon the date of the publication of the Gazette containing it.

(15) Every order which has been, or is, made under subsection (1) (not being an order in respect of specific goods) shall apply in relation to all goods which are declared, whether before or after the making of the order, to be declared goods and in respect of which the declaration is in force.