South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, a registered person or any person acting on his behalf shall not add
the amount of any duty or of any part of the duty payable by the registered
person as such under this Act to any amount payable by any other person with
whom he has entered into or is conducting any rental business, whether by
agreement or otherwise, or otherwise demand or recover or seek to recover any
such first mentioned amount from that other person.
Maximum penalty: $250.
Expiation fee: $80.
(2) In the event of a
contravention of subsection (1)—
(a) the
court by which the defendant is convicted shall, in addition to imposing a
penalty for the offence, order the defendant to refund to the other person
referred to in that subsection any such amount which has been paid by that
other person; or
(b) the
other person referred to in that subsection may recover any such amount from
the registered person, or person to whom he paid it, by action in a court of
competent jurisdiction as if it were a debt due to him from that person.
(3) The Governor may
by proclamation—
(a)
exempt a class of transactions from the application of this section; or
(b) vary
or revoke any such exemption.