Victorian Consolidated Legislation

Fuel Prices Regulation Act 1981 - SECT 22

Offence to sell fuel at price higher than maximum price

22. Offence to sell fuel at price higher than maximum price



(1) No person shall-

   (a)  sell or offer for sale any declared fuel at a greater price than the
        maximum price fixed in relation thereto by or under this Act for the
        sale of that fuel; or

   (b)  unless the Commissioner by order has so authorized him, sell or offer
        for sale any declared fuel upon terms or conditions different from the
        terms or conditions upon which substantially identical fuel was sold
        or supplied by him on the prescribed date if such sale or offer for
        sale or supply or offer to supply upon such terms and conditions
        should result directly or indirectly-

   (i)  in a greater price or rate than the maximum price or rate fixed in
        relation thereto being obtained; or

   (ii) in any other manner to the advantage of the seller or supplier.

(2) In addition to any other penalty that may be imposed for a contravention
of subsection (1) of this section the court may order the defendant to refund
to the purchaser of the fuel the difference between the maximum price or rate
so fixed and the price or rate at which the fuel was sold, and the like
proceedings may be taken upon the order as if the order had been an order of
the court in favour of the purchaser.

			(3)    (a)	A certificate by the Commissioner specifying the difference between the maximum price or rate fixed in relation to the fuel the sale of which is the subject of any proceedings under subsection (1) and the price or rate at which the fuel was sold shall, for the purposes of that subsection, be prima facie evidence of the matters stated therein.


   (b)  In any case where declared fuel was supplied with undeclared fuel or a
        service or both at a total price or rate, the Commissioner may for the
        purpose of any certificate under this subsection calculate the price
        or rate of the declared fuel sold by deducting from the cost of the
        whole transaction the cost (on the basis of what in his opinion would
        be the current market value thereof) for that portion of the
        transaction represented by the undeclared fuel or service.





(4) For the purposes of this section, any person on whose behalf or at whose
place of business any declared fuel is sold or offered for sale at a greater
price or rate than the maximum price or rate fixed in relation thereto under
this Act for the sale of that fuel whether the fuel is sold or offered for
sale contrary to the instructions of the person or not, shall be deemed to
have contravened the provisions of this section unless the court is satisfied
that the sale supply or offering took place without his knowledge and that he
has systematically used all due diligence to secure observance of this Act.

(5) For the purposes of this section a person shall be deemed to offer fuel
for sale if he notifies the price or rate proposed by him for a sale of the
fuel by the publication of a price list, by exposing the fuel for sale in
association with a mark indicating price, by furnishing a quotation or
otherwise howsoever.

(6) In this section prescribed date in relation to the sale or offer for sale,
of any declared fuel means such date as is declared to be the prescribed date
in any order made with respect to that fuel under this Act.