New South Wales Consolidated Acts

PRICES REGULATION ACT 1948 - SECT 30

30 Offence to sell at price higher than maximum price

(1) A person shall not:

(a) sell or offer for sale any declared goods at a greater price than the maximum price fixed in relation thereto under this Act for the sale of those goods, or

(b) without the prior approval of the Tribunal, sell or offer for sale any declared goods upon terms or conditions different from the terms or conditions upon which substantially identical goods were sold by him or her on the prescribed date if such sale or offer for sale upon such terms and conditions would result directly or indirectly:

(i) in a greater price than the maximum price fixed in relation thereto being obtained, or

(ii) in any other manner to the advantage of the seller.

(2) In addition to any other penalty that may be imposed for a breach of subsection (1), the court may order the defendant to refund to the purchaser the difference between the maximum price so fixed and the price at which the goods were sold.

(3) Where a court has made an order under subsection (2), a certificate under the hand of the clerk or other appropriate officer of the court, specifying the amount ordered to be refunded and the person by whom and the person to whom the amount is payable, may be filed in any court having civil jurisdiction to the extent of that amount, and shall thereupon be enforceable in all respects as a final judgment of that court.

(4) A certificate by the Chairperson specifying the difference between the maximum price fixed, in relation to the goods, the sale of which is the subject of any proceedings under subsection (1), and the price at which the goods were sold shall, for the purposes of subsection (2), be prima facie evidence of the matters stated therein.

(5) For the purposes of this section, any person on whose behalf or at whose place of business any declared goods are sold or offered for sale at a greater price than the maximum price fixed, in relation thereto, under this Act, for the sale of those goods, whether the goods are sold or offered for sale contrary to the instructions of the person or not, shall be deemed to have contravened the provisions of this section.

(6) For the purposes of this section, a person shall be deemed to offer goods for sale if he or she notifies the price proposed by him or her for a sale of the goods by the publication of a price list, by exposing the goods for sale in association with a mark indicating price, by furnishing a quotation or otherwise howsoever.

(7) In this section, "prescribed date", in relation to the sale or offer for sale of any declared goods, means such date as is declared to be the “prescribed date” in any order made with respect to those goods under section 20.