New South Wales Consolidated Acts

PRICES REGULATION ACT 1948 - SECT 27

27 Inter-retail transactions

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

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

(3) For the purpose of this section, the retail buyer may request the retail 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 retail seller shall thereupon furnish in writing such information to the retail buyer.

(4) 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.

(5) For the purposes of this section "cost":

(a) in relation to any goods (not being goods to or in respect of which an order under subsection (6) applies)-means the actual price paid or payable by the retail buyer to the retail seller, plus any expenses which:

(i) where actually and specifically incurred by the retail buyer in placing the goods at the point of delivery by him or her for a sale by him or her, and

(ii) at the time of the sale or offer for sale by the retail buyer were recorded:

(a) on a copy of an invoice for the goods held by the retail buyer, or

(b) in the books and accounts of the retail buyer 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 (6) applies-has the meaning defined in that order.

(6) 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) any class of trader so specified.