New South Wales Consolidated Acts

PRICES REGULATION ACT 1948 - SECT 3

3 Definitions

(1) In this Act, unless the contrary intention appears:
"authorised officer" means:

(a) a person appointed by the Tribunal to be an authorised officer for the purposes of this Act, or

(b) an investigator appointed under section 18 of the Fair Trading Act 1987 .

"Chairperson" means the Chairperson of the Tribunal.
"declared goods" means any goods declared by the Minister, by notice in the Gazette, to be declared goods for the purposes of this Act.
"declared service" means any service declared by the Minister, by notice in the Gazette, to be a declared service for the purposes of this Act.
"inquiry", in relation to the Tribunal, means an inquiry held by the Tribunal pursuant to:

(a) a direction of the Minister under section 8A (1) (b),

(b) section 8B, or

(c) a decision of the Tribunal under section 8C (2).

"prescribed" means prescribed by this Act or the regulations.
"price" includes every valuable consideration whatsoever, whether direct or indirect.
"public utility undertaking" means any of the following undertakings the carrying on of which is authorized by or under any law, that is to say:

(a) any undertaking for the supply of electricity, gas or water,

(b) any transport, dock, harbour or pier undertaking,

(c) any sewerage or sewage disposal undertaking, or any undertaking for the collection or disposal of refuse, or

(d) any undertaking of a drainage authority,

and includes any such undertaking which is carried on by a council or a county council within the meaning of the Local Government Act 1993 .
"rate" includes every valuable consideration whatsoever, whether direct or indirect.
"regulations" means regulations made under this Act.
"service" means:

(a) any service supplied or carried on by any person or body of persons, whether corporate or unincorporate, engaged in a public utility undertaking or an industrial, commercial, business, profit making or remunerative undertaking or enterprise (including a professional practice),

(b) any rights or privileges for which remuneration is payable in the form of royalty, stumpage, tribute or other levy based on volume or value of goods produced,

(c) any rights under an agreement for the hiring of goods,

(d) any rights under an agreement for the hire, use or occupation of any wharf or dock,

(e) any rights under an agreement for the provision of lodging,

(f) any rights under an agreement (not being a lease) or a licence for the hiring of a hall, or

(g) any benefits under a contract of work and labour, or of work and labour and supply of materials.

"Tribunal" means the Independent Pricing and Regulatory Tribunal constituted under the Independent Pricing and Regulatory Tribunal Act 1992 .

(2) A person who receives (otherwise than as agent) any valuable consideration from any other person in respect of the enjoyment by that other person of a service shall, for all purposes of this Act, be deemed to supply that service to that other person for the amount or value, or at the rate, as the case may be, of that valuable consideration.

(3) Where any agreement (including any lease) has been entered into, whether before or after the commencement of this Act, under which a person has become entitled to rights or privileges specified in paragraph (b), (c), (d), (e) or (f) of the definition of "service" in subsection (1), the person from whom the rights or privileges have been acquired shall, for all purposes of this Act, be deemed to be supplying those rights or privileges, at all times during which the rights or privileges continue, at the rate of the remuneration charged therefor from time to time.

(4) Where the maximum rate of any such remuneration is, by virtue of any order or notice made or given after the making of any such agreement, and whether before or after the commencement of this Act, fixed under this Act at a rate lower than the rate otherwise payable under any such agreement, the agreement shall, while that maximum rate is in force, be deemed to be varied by the substitution of the rate so fixed for the rate otherwise payable under the agreement in respect of the exercise or enjoyment of any such rights or privileges after the commencement of this Act, or after the date on which the maximum rate becomes applicable, whichever is the later.

(5) Nothing in this Act entitles the Tribunal to make an order under section 20 (5) with respect to the rental of any land or premises.