Northern Territory Consolidated Acts

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PRICE EXPLOITATION PREVENTION ACT - SECT 4

Interpretation

    (1)     In this Act, unless the contrary intention appears:

"authorized officer" means any person appointed by the Controller or a Deputy Controller to be an authorized officer for the purposes of this Act.

"declared goods" means any goods declared by the Administrator to be declared goods for the purposes of this Act.

"declared service" means any service declared by the Administrator to be a declared service for the purposes of this Act.

"Deputy Controller" means any person for the time being occupying the office of Deputy Controller of Prices.

"price" includes every valuable consideration whatsoever, whether direct or indirect.

"rate" includes every valuable consideration whatsoever, whether direct or indirect.

"service" means:

        (a)     any service supplied or carried on by any person or body of persons, whether incorporated or unincorporated, engaged in 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, stampage, 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 provision of lodging;

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

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

"the Controller" means the person for the time being occupying the office, or performing the duties of the office, of Controller of Prices.

    (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) or (e) of the definition of service in subsection (1), the person from whom the rights or privileges have been acquired shall, for the 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 or by virtue of 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 date of the commencement of this Act, or after the date on which the maximum rate becomes applicable, whichever is the later.



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