New South Wales Consolidated Acts

PRICES REGULATION ACT 1948 - SECT 39

39 Refusal to perform service at declared rate

(1) A person who supplies or carries on any declared service in respect of which a maximum rate has been fixed under this Act shall not refuse or fail on:

(a) demand for the performance of the declared service, and

(b) tender of payment at the rate fixed for such service,

to supply any such declared service.

(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 portion of the declared service demanded; or, after making reasonable provision for his or her private use, sufficient service was not under his or her control to supply the service demanded, in addition to the service required to satisfy all other contracts, then subsisting, under which he or she was obliged to supply that service within Australia, and the ordinary requirements of his or her business, or

(b) 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 portion of any declared service within the meaning of this section, regard shall be had to all the circumstances of the case, including the question whether the portion of the service demanded represented the normal requirements of the person who demanded its supply to him or her.