New South Wales Consolidated Acts

PRICES REGULATION ACT 1948 - SECT 23

23 Power to prohibit certain transactions

(1) Where the Tribunal is of opinion that it is necessary so to do in order to prevent a person (in this section referred to as "the vendor") who carries on the business of selling declared goods or supplying declared services from continuing to operate a scheme which, in the opinion of the Tribunal:

(a) involves a departure from his or her normal course of trading,

(b) would not be operated but for the provisions of this Act or of an order thereunder, and

(c) has the effect that the real cost (taking into account losses involved in transactions connected with the scheme) to any purchaser or purchasers of goods from the vendor, of any declared goods so purchased, or to any person or persons to whom services are supplied by the vendor, of any declared services so supplied, is more than the maximum price or rate fixed under this Act for the sale of those goods or the supply of those services,

it may, by notice in writing directed to the vendor, and published in the Gazette or served on the vendor, specify a class of transactions (being, in the opinion of the Tribunal, a class of transactions which is being used for the purposes of the scheme) to be a class of transactions to which this section shall apply.

(2) Except with the consent of the Tribunal, a person to whom a notice under this section (duly published or served) is directed shall not, while the notice remains unrevoked, enter into a transaction included in a class of transactions specified in the notice.

(3) A notice under this section shall specify the class of declared goods or declared services in relation to which, in the opinion of the Tribunal, the scheme is being operated, but shall have full force and effect notwithstanding that it does not specify or describe the scheme which, in the opinion of the Tribunal, makes the notice necessary.

(4) Any reference in this section to a person shall be deemed to include a reference to persons included in a class of persons, and this section shall apply mutatis mutandis, accordingly.