Victorian Consolidated Legislation

Fuel Prices Regulation Act 1981 - SECT 10

Power to prohibit certain transactions

10. Power to prohibit certain transactions



(1) Where the Commissioner is of opinion that it is necessary so to do in
order to prevent a person (in this section referred to as the vendor) who
carries on the business of selling declared fuel from continuing to operate a
scheme which, in the opinion of the Commissioner-

   (a)  involves a departure from his normal course of trading;

   (b)  would not be operated but for the provisions of this Act; and

   (c)  has the effect that the real cost (taking into account losses involved
        in transactions connected with the scheme) to any purchaser or
        purchasers of fuel from the vendor, of any declared fuel so purchased
        is more than the maximum price or rate fixed under this Act for the
        sale of that fuel-

the Commissioner may, by notice in writing directed to the vendor and
published in the Government Gazette or served on the vendor, specify a class
of transactions (being a class of transactions which the Commissioner
determines is being used for the purposes of the scheme) to be a class of
transactions to which this section shall apply.

(2) Except with the consent of the Commissioner a person to whom a notice
under this section (duly published or served) is directed shall not, while the
notice remains unrevoked, enter into a transaction included in a class of
transactions specified in the notice.

(3) A notice under this section shall specify the class of declared services
in relation to which in the opinion of the Commissioner the scheme is being
operated, but shall have full force and effect notwithstanding that it does
not specify or describe the scheme in detail which in the opinion of the
Commissioner makes the notice necessary so long as the notice gives a general
description of the scheme.

(4) Any reference in this section to a person shall be deemed to include a
reference to persons included in a class of persons, and this section shall
with such adaptations as are necessary apply accordingly.