New South Wales Consolidated Acts

PRICES REGULATION ACT 1948 - SECT 26

26 Inter-wholesale transactions

(1) A wholesaler (in this section referred to as "the buyer") who purchases any declared goods from any other wholesaler (in this section referred to as "the seller") shall not sell or offer for sale those goods at a price in excess of the cost to the buyer:
Provided that the buyer may sell or offer for sale such goods at a price not greater than the maximum price at which the seller was entitled to sell them in similar quantities at the time of sale and the onus of ascertaining such maximum price shall be upon the buyer.

(2) A wholesaler who purchases any declared goods from a retailer shall not sell or offer for sale those goods at a price in excess of the cost to the retailer and the onus of ascertaining such cost shall be upon the wholesaler.

(3) Notwithstanding anything contained in subsection (1), the buyer may sell or offer for sale any goods at a price not exceeding the maximum price which, after application by the buyer, the Tribunal declares to him or her in writing.

(4) For the purposes of this section, the buyer may request the seller of goods to supply him or her with such information as he or she deems necessary to enable him or her to comply with the provisions of this section and the seller shall thereupon furnish in writing such information to the buyer.

(5) The Tribunal may, generally by order published in the Gazette or specifically by notice in writing, exempt any trader or class of trader from the whole or part of the requirements of this section.

(6) In this section "wholesaler", in respect of any goods, means any person who purchases those goods and sells or supplies them for resale or for manufacture for sale.

(7) For the purposes of this section the term "cost":

(a) in relation to any goods (not being goods to or in respect of which an order under subsection (8) applies)-shall be construed as meaning the actual price paid or payable by the wholesaler who purchased the goods (in this definition referred to as "the purchaser") to the wholesaler or retailer from whom he or she purchased them, plus any expenses which:

(i) were actually and specifically incurred by the purchaser in placing the goods at the point of delivery by him or her for the purposes of a sale by him or her, and

(ii) at the time of the sale or offer for sale by the purchaser, were recorded:

(a) on a copy of an invoice for the goods which is held by the purchaser, or

(b) in the books and accounts of the purchaser in such a manner that they can be readily identified and clearly associated with the goods, or

(b) in relation to any goods to or in respect of which an order under subsection (8) applies-shall be construed as having the meaning defined in that order.

(8) For the purposes of this section the Tribunal may, by order published in the Gazette, define the meaning of the term "cost", in relation to:

(a) any class of sale specified in the order,

(b) any class of goods so specified, or

(c) an class of trader so specified.