New South Wales Consolidated Acts

PRICES REGULATION ACT 1948 - SECT 21

21 Sale of goods and supply of service in one transaction

(1) The powers of the Tribunal of or in relation to fixing an declaring the maximum price at which any declared goods may be sold and the powers of the Tribunal of or in relation to fixing and declaring the maximum rate at which any declared service may be supplied or carried on shall be deemed to extend to and in relation to the fixing and declaring of the maximum remuneration for the sale of any declared goods and the supply of any declared service for an undivided remuneration, and the provisions of this Act (whether relating to the powers of the Tribunal or to any other matter) shall apply, mutatis mutandis, accordingly.

(2) For the purposes of sections 29, 31, 32, 33, 39, 50 and 57 a transaction in respect of which a maximum remuneration has been fixed under subsection (1) shall be deemed to be the supply of a declared service at a rate equal to the undivided remuneration charged, and the maximum remuneration so fixed shall be deemed to be the maximum rate fixed under this Act for the supply of that service.

(3) For the purposes of this Act, and of any order or notice under this Act, whether made or given before or after the commencement of this Act, unless the contrary intention appears:

(a) the sale of any goods shall be deemed to include the supply, in connection with the sale (whether or not for a separate remuneration) of any service customarily supplied by vendors in connection with such a sale without any separate remuneration, and

(b) the supply or carrying on of any service shall be deemed to include the sale or supply, in connection with the service (whether or not for a separate price or remuneration) of any goods customarily sold or supplied by persons supplying or carrying on such a service without any separate price or remuneration.

(4) For the purposes of this Act, and of any order or notice under this Act, whether made or given before or after the commencement of this Act, the sale of any declared goods and the supply of any declared service for an undivided remuneration, if:

(a) no maximum remuneration applicable to the transaction as a whole has been fixed under this Act, and

(b) the transaction as a whole is not one which is, by reason of subsection (3), deemed to be either a sale of goods or the supply of a service,

shall be deemed to be:

(c) a sale of the declared goods at a price equal to so much of the undivided remuneration as bears to the whole of the undivided remuneration the same proportion as the maximum price fixed under this Act for the sale of the goods bears to the sum of that fixed price and the maximum rate fixed under this Act for the supply of the service, and

(d) a supply of the service at a rate equal to the remaining part of the undivided remuneration.