Victorian Consolidated Legislation

Fuel Prices Regulation Act 1981 - SECT 13

Inter-wholesale transaction

13. Inter-wholesale transaction



(1) A wholesaler (in this section referred to as the buyer) who purchases any
declared fuel from any other wholesaler (in this section referred to as the
seller) shall not sell or offer for sale that fuel at a price in excess of the
cost to the buyer.

Provided that the buyer may sell or offer for sale such fuel at a price not
greater than the maximum price at which the seller was entitled to sell it in
similar quantities at the time of sale and the onus of ascertaining such
maximum price shall be upon the buyer.

(2) A wholesaler who purchases any declared fuel from a retailer shall not
sell or offer for sale that fuel at a price in excess of the cost to the
retailer and the onus of ascertaining such cost shall be upon the wholesaler.

(3) Subsection (2) does not apply to the purchase of any declared fuel by a
wholesaler from a retailer for the purposes of giving effect to an agreement
between the wholesaler and a consumer under which the wholesaler has arranged
for the consumer to be supplied by the retailer.

(4) Notwithstanding anything contained in subsection (1) of this section the
buyer may sell or offer for sale any fuel at a price not exceeding the maximum
price which, after application by the buyer, the Commissioner declares to him
in writing.

(5) For the purpose of this section the buyer may request the seller of goods
to supply him with such information as he deems necessary to enable him to
comply with the provisions of this section and the seller shall thereupon
furnish in writing such information to the buyer.

(6) The Commissioner may generally by order published in the Government
Gazette or specifically by notice in writing exempt any trader or class of
trader from the whole or part of the requirements of this section.

(7) In this section wholesaler in respect of any fuel means any person who
purchases that fuel and sells or supplies it for resale or for manufacture for
sale.





(8) For the purposes of this section the Commissioner may by order published
in the Government Gazette define the meaning of the term cost in relation to-

   (a)  any class of sale specified in the order;

   (b)  any class of fuel so specified; and

   (c)  any class of trader so specified.