Victorian Consolidated Legislation

Fuel Prices Regulation Act 1981 - SECT 23

Sale of declared fuel with undeclared fuel

23. Sale of declared fuel with undeclared fuel



(1) It shall be a defence to a proceeding for an offence against the last
preceding section if the party alleged to have committed the offence proves-

   (a)  that the declared fuel was supplied with undeclared fuel or a service
        or both at a total price or rate;





   (b)  that the price or rate for that portion of the total transaction
        represented by the undeclared fuel or service (as the case may be) was
        reasonable having regard to the cost to him or current market value of
        the undeclared fuel or the service; and

   (c)  that the resultant price or rate for the transaction represented by
        the declared fuel was not greater than that fixed in relation thereto
        by or under this Act for the sale of that fuel.

(2) In this and the last preceding section undeclared fuel means fuel other
than declared fuel.