New South Wales Consolidated Acts

PRICES REGULATION ACT 1948 - SECT 38

38 Refusal etc to sell at fixed prices

(1) A person who has in his or her custody or under his or her control any declared goods for sale in respect of which a maximum price has been fixed under this Act, shall not refuse or fail on:

(a) demand of any quantity of the declared goods, and

(b) tender of payment at the price so fixed for the quantity demanded,

to supply and such declared goods in the quantity demanded.

(2) In any prosecution under this section, it shall be a sufficient defence to show that, on the occasion in question:

(a) the defendant supplied a reasonable quantity of the declared goods; or, after making reasonable provision for private consumption or use, had not a sufficient quantity of the declared goods in his or her custody or under his or her control to supply the quantity demanded, in addition to the quantity required to satisfy all other contracts, then subsisting, under which he or she was obliged to supply quantities of the declared goods for use or consumption within Australia and the ordinary requirements of his or her business,

(b) the defendant was a wholesale trader in the declared goods and the person who demanded to be supplied was not a manufacturer or a retail trader therein, or in any declared goods made or partly made therefrom, or

(c) the defendant was acting in accordance with a practice for the time being approved by the Tribunal.

(3) For the purpose of determining what is a reasonable quantity of any declared goods within the meaning of this section, regard shall be had to all the circumstances of the case, including the question whether the person who demanded to be supplied was or was not, at the time of the demand, carrying on business as a retail trader in the declared goods demanded, either alone or with other goods.