Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 95Z

Offence: previous local supply

  (1)   A person commits an offence if:

  (a)   the person is a declared person in relation to notified goods or services; and

  (b)   the person supplies (the current supply ) goods or services of that description in a locality on particular terms and conditions (the actual terms ) at a particular price (the actual price ); and

  (c)   the person has supplied goods or services of that description in that locality on the same or substantially similar terms and conditions in the period of 12 months before the current supply; and

  (d)   the actual price exceeds the highest price at which the person has supplied goods or services of that description in that locality on the same or substantially similar terms and conditions in that period; and

  (e)   the current supply is not an exempt supply.

Penalty:   100 penalty units.

Note:   Subsection   (4) contains a defence to this offence.

Offence: no previous local supply

  (2)   A person commits an offence if:

  (a)   the person is a declared person in relation to notified goods or services; and

  (b)   the person supplies (the current supply ) goods or services of that description in a locality on particular terms and conditions (the actual terms ) at a particular price (the actual price ); and

  (c)   the person has not supplied goods or services of that description in that locality on the same or substantially similar terms and conditions in the period of 12 months before the current supply, but has supplied goods or services of that description elsewhere in Australia on the same or substantially similar terms and conditions in that period; and

  (d)   the actual price exceeds the highest price at which the person has supplied goods or services of that description in Australia on the same or substantially similar terms and conditions in that period; and

  (e)   the current supply is not an exempt supply.

Penalty:   100 penalty units.

Note:   Subsection   (4) contains a defence to this offence.

Offence: no previous supply in Australia

  (3)   A person commits an offence if:

  (a)   the person is a declared person in relation to notified goods or services; and

  (b)   the person supplies (the current supply ) goods or services of that description in a locality on particular terms and conditions (the actual terms ) at a particular price (the actual price ); and

  (c)   the person has not supplied goods or services of that description in Australia on the same or substantially similar terms and conditions in the period of 12 months before the current supply; and

  (d)   the current supply is not an exempt supply.

Penalty:   100 penalty units.

Note:   Subsection   (4) contains a defence to this offence.

Defence

  (4)   Subsection   (1), (2) or (3) does not apply if the following 4 requirements are satisfied.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (4) (see subsection   13.3(3) of the Criminal Code ).

Locality notice

  (5)   The first requirement is that the person has given the Commission a notice (a locality notice ) in writing stating that the person proposes to supply goods or services of that description in that locality on specified terms and conditions (the proposed terms ) at a specified price (the proposed price ).

Note:   The person may give further notices modifying the locality notice: see section   95ZA.

Response to locality notice

  (6)   The second requirement is that:

  (a)   the applicable period in relation to the locality notice has ended; or

  (b)   the Commission has given the person a notice in writing stating that it has no objection to the person supplying goods or services of that description in that locality on the proposed terms at the proposed price; or

  (c)   both of the following apply:

  (i)   the Commission has given the person a notice (the response notice ) in writing stating that it would have no objection to the person supplying goods or services of that description in that locality on the proposed terms at a specified price (the approved price ) that is less than the proposed price;

  (ii)   the person has, not later than 7 days after being given the response notice, given the Commission a notice in writing stating that the person proposes to supply goods or services of that description in that locality on the proposed terms at a price not exceeding the approved price.

Actual terms

  (7)   The third requirement is that the actual terms are the same as, or substantially similar to, the proposed terms.

Actual price

  (8)   The fourth requirement is that the actual price does not exceed:

  (a)   if paragraph   (6)(a) or (b) applies--the proposed price; or

  (b)   if paragraph   (6)(c) applies--the approved price.