Victorian Consolidated Legislation

Fuel Prices Regulation Act 1981 - SECT 7

Determination of maximum prices, rates etc.

7. Determination of maximum prices, rates etc.



(1) The Commissioner may, with respect to any declared fuel, from time to
time, by order published in the Government Gazette-

   (a)  fix and declare the maximum price at which any such fuel may be sold
        generally or in any part of the State or in any proclaimed area; or

   (b)  declare that the maximum price at which any such fuel may be sold by
        any person, shall be such price as is fixed by the Commissioner by
        notice in writing to that person.

(2) Notwithstanding subsection (1), the Commissioner shall, before causing an
order referred to in subsection (1) to be published in the Government Gazette,
serve a copy of the proposed order on the Minister and shall not cause the
proposed order to be so published-

   (a)  unless the Minister has within fourteen days of receipt of the
        proposed order informed the Commissioner that he does not propose to
        give him a direction under paragraph (b); or

   (b)  if the Minister, in the public interest, has within fourteen days of
        receipt of the proposed order directed the Commissioner not to publish
        the proposed order.

(3) In particular, but without limiting the generality of subsection (1), the
Commissioner, in the exercise of his powers under that subsection, may fix and
declare-

   (a)  different maximum prices according to differences in quality or
        description or in the quantity sold, or in respect of different forms,
        modes, conditions, terms, or locations of trade, commerce, sale or
        supply;

   (b)  different maximum prices for different parts of the State, or in
        different proclaimed areas;

   (c)  maximum prices on a sliding scale;

   (d)  maximum prices on a condition or conditions;

   (e)  maximum prices for cash, delivery or otherwise, and in any such case
        inclusive or exclusive of the cost of packing or delivery;

   (f)  maximum prices on landed or other cost, together with a percentage
        thereon or a specified amount, or both;

   (g)  maximum prices according to or upon any principle or condition
        prescribed by the Commissioner; and





   (h)  maximum prices relative to such standards of measurement, weight,
        capacity, or otherwise howsoever as he thinks proper, or relative to
        prices charged by individual traders on any date specified by the
        Commissioner, with such variations (if any) as in the special
        circumstances of the case the Commissioner thinks fit, or so that such
        prices shall vary in accordance with a standard, or time, or other
        circumstance, or shall vary with profits or wages, or with such costs
        as are determined by the Commissioner.

(4) Where the Commissioner makes an order in the form authorized by subsection
(3), the Commissioner shall, on application by a seller of the fuel to which
the order relates, furnish him with a copy of the list of prices referred to
in the order.

(5) An order under this section may contain such incidental and supplementary
provisions as are necessary or expedient for the purposes of the order.

(6) The Commissioner may at any time by order published in the Government
Gazette amend, vary or revoke any order made under this section.

(7) Every order made under this section shall take effect upon the date
specified in the order or, if no date is so specified, upon the date of the
publication of the Government Gazette containing it.

(8) Every order which has been, or is, made under subsection (1) (not being an
order in respect of specific fuel) shall apply in relation to all fuel which
is declared, whether before or after the making of the order, to be a declared
fuel and in respect of which the declaration is in force.