Acts Amendment (Prevention of Excessive Prices) Act (No. 2) 1983 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(PREVENTION OF EXCESSIVE

PRICES) (No. 2).

No. 72 of 1983.

AN ACT to amend the Consumer Affairs Act

1971-1983 and the Prevention of Excessive Prices

Act 1983.

[Assented to 22 December 1983.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I—PRELIMINARY.

1. This Act may be cited as the Acts Amendment Short MI..

(Prevention of Excessive Prices) Act (No. 2) 1983.

No. 72.] Acts Amendment (Prevention [1983.

of Excessive Prices) (No. 2).

Commence-

ment. 2. This Act shall come into operation on

(a) the 28th day after the day on which it is assented to by the Governor; or

(b) 30 December 1983,

whichever is the sooner.

PART II-CONSUMER AFFAIRS ACT 1971-1983.

Principal

Act and	3.	(1) In this Part the Consumer Affairs Act
citation.

Reprinted	1971-1983 is referred to as the principal Act.
as approved
12 July 1977
and

amended by	(2) The principal Act as amended by this Act may
Acts Nos. 90

of 1978, 66	be cited as the Consumer Affairs Act 1971-1983.
of 1980, 110 of 1981,52 of 1982 and 2 of 1983.
Section 24

Section 24 of the principal Act is amended in

subsection (3) by deleting "Prevention of Excessive

Prices" and substituting the following-

amended. 4.

" Petroleum Products Pricing ".

PART III-PREVENTION OF EXCESSIVE

PRICES ACT 1983.

Principal

(1) In this Act the Prevention of Excessive (2) The principal Act as amended by this Act may be cited as the Petroleum Products Pricing Act 1983.

Act and 5.

citation.

Act No. 1	Prices Act 1983 is referred to as the principal Act.
of 1983.
Section 1

Section 1 of the principal Act is amended by

deleting "Prevention of Excessive Prices" and sub-

stituting the following-

amended. 6.

" Petroleum Products Pricing ".

1983.]

Acts Amendment (Prevention [No. 72.

of Excessive Prices) (No. 2).

subsection (1) by 7. Section 3 of the principal Act is amended in =3.

(a) deleting the definitions of "controlled goods", "controlled services", "declared goods" and "declared services" and sub- stituting in their appropriate alphabetical positions the following definitions-

" "controlled petroleum product" means petroleum product the price of which is for the time being regulated under an order;

"controlled petroleum service" means petroleum service the rate for which is for the time being regulated under an order;

"declared petroleum product" means petroleum product for the time being declared under section 10;

"declared petroleum service" means petroleum service for the time being declared under section 10; ";

(b) inserting in their appropriate alphabetical positions the following definitions

CC "dispensing equipment" has the mean-

ing given by section 3 of the Petroleum Retailers Rights and Liabilities Act 1982;

"franchise agreement" has the mean- ing given by section 3 of the Petroleum Retail Marketing Franchise Act 1980 of the Commonwealth;

"motor fuel" means petrol or diesel fuel intended for use in propelling motor vehicles;

No. 72.] Acts Amendment (Prevention [1983.

of Excessive Prices) (No. 2).

"motor vehicle" has the meaning given by section 5 of the Road Traffic Act 1974;

"petroleum product" has the meaning given by section 3 of the Petroleum Products Pricing Act 1981 of the Commonwealth;

"petroleum service" means service consisting of the provision for reward in accordance with a franchise agreement of any pre- mises, being premises at which motor fuel is

(a)

sold by retail to persons within the State; and

(b)

usually dispensed through

dispensing equipment; ";

and

(c) amending the definition of "price" or "rate" by deleting " "price" or "rate" " and sub- stituting the following-

" "price", in relation to any goods, or "rate", in relation to any service, ".

Section 7

amended. 8. Section 7 of the principal Act is amended in

paragraph (a) of subsection (3) by deleting "and in particular to those taken into account in the Consumer Price Index (all groups) Perth as issued by the Australian Bureau of Statistics under the authority of the Census and Statistics Act 1905 of the Commonwealth".

1983.1

Acts Amendment (Prevention [No. 72.

of Excessive Prices) (No. 2).

9.    Section 10 of the principal Act is amended in it=a°.

subsection (2) by deleting paragraph (b) and sub-

stituting the following paragraph-

" (b) takes effect on the day of its publication in the Gazette or on such later day, or at such time on such later day, as is specified in the notice. ".

Section 11.

10. Section 11 of the principal Act is amended in amended.

subsection (2) by deleting "supplier" in paragraph

(b)

and substituting the following-

" supplier referred to in paragraph (a) ".

11. Section 12 of the principal Act is amended— amended?

(a) in subsection (4) by deleting paragraph (b) and substituting the following paragraph

e t

(b) takes effect-

(i)    on the day of its publication in the Gazette; or

(ii)  subject to subsection (4a), on such day, or at such time on such day, as is specified in the order. "; and

(b) by inserting after subsection (4) the following subsection

l< (4a) For the purposes of sub-

paragraph (ii) of subsection (4) (b), there shall not be specified in an order a day earlier than the day of the publication of the order in the Gazette unless

(a) the order amends or varies another order, which other order fixes the maximum price at which a declared petro-

No. 72.] Acts Amendment (Prevention [1983.

of Excessive Prices) (No. 2).

leum product may be sold, by increasing that maximum price; and

(b) the sole reason for seeking to increase the maximum price referred to in paragraph (a) is the increase in cost occasioned to the manufac- turer or seller of the declared petroleum product referred to in that paragraph by the imposition by or under a law of the State or of the Com- monwealth of a fee, levy, duty, tax or other impost (in this subsection called "the new impost") on or in relation to or by reference to that declared petroleum product or an in- crease in the rate of a fee, levy, duty, tax or other impost (in this subsection called "the impost rate") so imposed on or in relation to or by refer- ence to that declared petro- leum product,

in which case there may be specified in the order a day which is earlier than the day of that publication, but which is not earlier than the day on which the new impost was imposed or the impost rate was increased, as the case requires. ".

Seaton 16

amended. 12. Section 16 of the principal Act is amended

(a)	by deleting "or recipe" wherever it occurs; and
(b)	in the definition of "date of fixation" in subsection (4) by inserting after "an order fixing the" the following-

" maximum ".

1983.]

Acts Amendment (Prevention [No. 72.

of Excessive Prices) (No. 2).

Section 17

13. Section 17 of the principal Act is amended in

paragraph (b) by deleting "price" and substituting

the following-

amended.

" rate ".

Section 35

14. Section 35 of the principal Act is repealed. repealed.

15.    Each provision of the principal Act specified of entet

in the first column of the Schedule to this Act is :r1=Iss. and

amended by deleting the matter specified in the second column of that Schedule opposite to that provision and substituting the matter specified in the third column of that Schedule opposite to that provision.

SCHEDULE. (Section 15)

AMENDMENT OF REFERENCES TO GOODS AND SERVICES.

Provision amended Matter deleted Matter substituted

Long title "goods or services" "petroleum products or certain services related

thereto"

Section 3 (1) (defini- "goods" wherever it "petroleum products"

tion of "landed cost") occurs therein in each case

Section 1 (1)	"goods or services"	"petroleum products or petroleum services"
Section 4 (2)	"goods or services"	"petroleum products or petroleum services"
Section 6 (1) (a)	"goods"	"petroleum products"
Section 6 (1) (b)	"services"	"petroleum services"
Section 6 (2)	"goods or services"	"petroleum products or petroleum services"

Section '7 (3) (a)	"goods and services" "petroleum products and petroleum ser- vices"
Section? (4) (c)	"goods or the rate "petroleum products or for any service" the rate for any petro-

leum service"

Section 8 (1) (a) "goods or services" "petroleum products or petroleum services"

Section 8 (1) (b) "goods or declared "petroleum products or services" declared petroleum

services"

Section 8 ( 17) (defi- "goods or users of	"Petroleum products or
nition of "consumer services"	users of petroleum ser-
representative")	vices"

No. 721 Acts Amendment (Prevention [1983.

of Excessive Prices) (No. 2).

Provision amended Matter deleted Matter substituted

Section 8 (7) (deft- "goods or suppliers "petroleum products or

nition of "trade of services" suppliers of petroleum

representative")	services"
Section 8 (7) (deft- "goods or of supply-	"petroleum products or
nition of "trade ing services"	of supplying petroleum
representative")	services"

Section 10 (1) (a)	"goods" wherever it	"petroleum products"
occurs therein	in each case
Section 10 (1) (b)	"service" wherever it	"petroleum service" in
occurs therein	each case
Section 10 (1)	"goods or services"	"petroleum products or petroleum services"
Section 10 (3)	"goods or services"	"petroleum products or petroleum services"
Section 10 (3) (a)	"goods sold or the	"petroleum products
services"	sold or the petroleum services"
Section 11 (1)	"goods or a supplier	"petroleum products or
of a declared service"	a supplier of a declared Petroleum service"
Section 11 (1)	"goods or in the rate	"petroleum products or
for that declared	in the rate for that de-
service"	clared petroleum ser- vice"
Section 11 (2) (a)	"goods or declared	"petroleum products or
service"	declared petroleum ser- vice concerned"
Section 11 (2) (b)	"goods or the rate of	"petroleum products or
the declared service"	the rate of the de- clared petroleum ser- vice concerned"
Section 11 (2) (c)	"seller of goods"	"seller of petroleum products"

Section 11 (2) (c) ", the declared goods" "the declared petro- leum products con-

cerned"

Section 11 (2) (d)	"services,"	"Petroleum services,"
Section 11 (2) (d)	"declared service"	"declared petroleum
service"

Section 12 (1)	"goods" wherever it "petroleum products"
occurs therein in each case
Section 12 (1)	"service" wherever it "petroleum service" in
occurs therein each case
Section 12 (2) (a)	"goods sold or the "petroleum products
services" sold or the petroleum services"
Section 12 (6)	"goods" wherever it "petroleum products"
occurs therein in each case
Section 12 (6)	"service" wherever it "petroleum service" in
occurs therein each case
Section 12 (7) (a)	"goods" "petroleum products"

1983 1	Acts Amendment (Prevention [No. 72.
of Excessive Prices) (No. 2).

Provision amended Matter deleted Matter substituted

Section 12 (7) (b)	"service" wherever it	"petroleum service" in
occurs therein	each case
Section 12 (7) (c)	"goods"	"petroleum products"
Section 14	"goods" wherever it	"petroleum products"
occurs therein	in each case
Section 14	"service" wherever it	"petroleum service" in
occurs therein	each case
Section 15	"goods" wherever it	"petroleum products"
occurs therein	in each case
Section 16	"goods" wherever it	"petroleum products"
occurs therein	in each case
Section 17 (a)	"controlled goods"	"controlled petroleum
wherever it occurs	products" in each case
therein
Section 17 (b)	"controlled service"	"controlled petroleum
wherever it occurs	service" in each case
therein
Section 17 (d)	"goods or the supply	"petroleum products or
of a service"	the supply of a petro- leum service"
Section 18	"controlled goods"	"controlled petroleum
wherever it occurs	products" in each case
therein
Section 18 (1)	"controlled service"	"controlled petroleum
wherever it occurs	service" in each case
therein
Section 18 (1) (c)	"act for the sale of	"Act for the sale of
those goods or the	those petroleum pro-
supply of that ser-	ducts or the supply of
vice"	that petroleum service"

Section 18 (4) "controlled services" "controlled petroleum

services"

Section 19	"controlled goods" "controlled petroleum wherever it occurs products" in each case
therein
Section 19 (1)	"those goods" "those controlled wherever it occurs petroleum products" in
therein each case
Section 19 (2) (a)	"those goods" "those controlled
and (c)	wherever it occurs Petroleum products" in
therein each case

Section 19 (2) (c) (i) "the goods" "the controlled petro- leum products con-

cerned"

Section 20	"controlled service"	"controlled petroleum
wherever it occurs	service" in each case
therein
Section 20	"that service"	"that controlled petro-
wherever it occurs	leum service" in each
therein	case
Section 20 (2) (a)	"the service required"	"the controlled petro- leum service required"

No. 72.] Acts Amendment (Prevention [1983.

of Excessive Prices) (No. 2).

Provision amended Matter deleted Matter substituted

Section 20 (2) (b) (i) "supply the service"

"supply the controlled

petroleum service de-

manded"

Section 20 (2) (b) (i) "had the service"

"had that controlled

petroleum service"

Section 21 (a)	"controlled goods"	"controlled petroleum products"
Section 21 (b)	"controlled service"	"controlled petroleum service"
Section 22 (a)	"goods" wherever it	"Petroleum products"

--di,— occurs therein in each case

Section 22 (b)	"service" wherever it	"petroleum service" in
occurs therein	each case
Section 23 (1) (d)	"goods"	"petroleum products"
Section 23 (1) (d)	"service"	"petroleum service"
Section 27 (1)	"goods" wherever it	"petroleum products"
and (6)	occurs therein	in each case
Section 27 (2)	"service" wherever it	"petroleum service" in
occurs therein	each case
Section 27 (6)	"services" wherever	"petroleum services" in
it occurs therein	each case
Section 30	"goods" wherever it	"petroleum products"
occurs therein	in each case
Section 30	"service" wherever it	"petroleum service" in
occurs therein	each case
Section 32	"goods" wherever it	"petroleum products"
occurs therein	in each case
Section 32 (e)	"service"	"petroleum service"
Section 32 (i)	"service"	"petroleum service"
Section 32	"services" wherever	"petroleum services" in
it occurs therein	each case