Bread (Prices Determination) Act 1980 (NSW)
B R E A D (PRICES D E T E R M I N A T I O N ) A C T , 1980 ,
N o . 117
ANNO VICESIMO NONO
ELIZABETHE II REGINE
Act N o . 1 1 7 , 1 9 8 0 .
An Act to make provision for the determination of the maximum
retail price and the maximum wholesale price at which bread
may be sold. [Assented to, 30th October, 1980.]
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
This Act may be cited as the "Bread (Prices Determination)
Act, 1980".
(1) In this Act, except in so far as the context or subject- matter otherwise indicates or requires—-
2.
"bread" includes bread rolls;
"price" includes any valuable consideration, whether direct orindirect;
"regulations" means regulations under this Act;
"retail", in relation to a sale of bread, means a sale of the bread to a person for the purposes of consumption or use;
"sell" includes—
(a)
barter, offer or attempt to sell, receive for sale, have in possession for sale, expose for sale, send, forward or deliver for sale, or cause or permit to be sold or offered for sale; and
(b) sell for resale;
"wholesale", in relation to a sale of bread, means a sale of the bread to a person for the purposes of resale.
(2) A reference in this Act to the appropriate maximum retail price fixed in relation to bread of any kind or description is a reference—
(a) except where a regulation referred to in paragraph (b) is in force, to the appropriate maximum price fixed under Schedule 1 in relation to bread of that kind or description; or (b) to the appropriate maximum retail price fixed by the regulations in relation to bread of that kind or description.
(3) A reference in this Act to the appropriate maximum wholesale price fixed in relation to bread of any kind or description is a reference—
(a) except where a regulation referred to in paragraph (b) is in force, to the appropriate maximum price fixed under Schedule 2 in relation to bread of that kind or description; or (b) to the appropriate maximum wholesale price fixed by the regulations in relation to bread of that kind or description.
3. A person shall not sell by retail bread of any kind or description at a price exceeding the appropriate maximum retail price fixed in relation to bread of that kind or description.
A person shall not sell by wholesale bread of any kind or
description at a price exceeding the appropriate maximum whole
sale price fixed in relation to bread of that kind or description.
4.
(1) Where a person is contravening, has on 2 or more occasions contravened or threatens to contravene section 3 or 4, the Supreme Court may, on an application being made by a person authorised by the Minister, grant an injunction restraining the person from continuing to contravene the section or from contravening the section, as the case may require.
5.
(2 ) An injunction under subsection (1) may be granted as an interim injunction, without any undertaking being given by the Minister as to damages, or as a permanent injunction.
The amount which a person receives as a result of the sale of bread at a price which is more than the appropriate maximum retail price or the appropriate maximum wholesale price fixed in relation to the bread is a debt due to the Crown recoverable in any court of competent jurisdiction.
6.
A person who sells bread, of a kind or description in relation to which a maximum retail price or a maximum wholesale price is fixed by or under this Act, to another person for resale shall deliver with the bread an invoice or docket on which is noted the quantity, the price and the kind or description of the bread delivered.
7.
| 8. | (1) | Where— |
(a)
a person sells by retail or by wholesale bread of any kind or description wrapped in a wrapper or to which is affixed a label;
(b)
the price, or an amount of money which is likely to be taken to be the price, of that bread, is written on the wrapper or label; and
(c)
the price or amount of money so written is greater than the appropriate maximum retail price of bread of that kind or description and of the quantity wrapped in the
wrapper or to which the label is affixed,
that person is guilty of an offence against this Act.
(2) It is a sufficient defence to a prosecution for an offence against this Act arising under subsection ( 1 ) , being an offence that is alleged to have been committed by a person selling bread by retail, if the defendant proves that—
(a) he purchased the bread from another person; and
(b)
when he received the bread from that other person, it was wrapped in a wrapper or there was a label affixed to it, on which wrapper or label the price, or amount of money likely to be taken to be the price, referred to in the information for the offence, was already written.
(1) The provisions of sections 33 ( 1 ) , 38 and 57 (1) of
the Prices Regulation Act, 1948, apply to a person in respect of
bread of any kind or description in the same way as—
9.
(a) in the case of the provisions of section 33 (1) or 38, those provisions apply to a person in respect of declared goods; or (b) in the case of the provisions of section 57 (1), those provisions apply to a person in respect of goods.
(2) For the purposes of the application, in accordance with subsection ( 1 ) , of the provisions of—
(a)
section 33 (1) or 38 of the Prices Regulation Act, 1948, a reference in those provisions to the maximum price fixed in relation to declared goods shall be construed as if it were a reference to the appropriate maximum retail price or the appropriate maximum wholesale price, as the case may require, fixed in relation to bread of any kind or description;
(b)
section 33 (1) of the Prices Regulation Act, 1948, those provisions shall be construed as if they did not apply so
as to prohibit a person from doing anything referred to in those provisions where he does that thing in con nection with the purchase by him, by retail, of bread; and (c) section 38 of the Prices Regulation Act, 1948—
(i) the reference in those provisions to a prosecution under that section shall be construed as a refer ence to a prosecution for an offence against this Act arising under that section; and
(ii) subsection (2) (c) of that section shall be deemed to be omitted therefrom.
(3) A person, being a person who carries on the business of selling bread by retail, who contravenes the provisions of sec tion 33 (1) of the Prices Regulation Act, 1948, or a person who contravenes the provisions of section 38 or 57 (1) of that Act, as applied by subsection ( 1 ) , is guilty of an offence against this Act.
(1) For the purposes of ascertaining whether the provi
sions of this Act (including the provisions of the Prices Regulation Act, 1948, as applied by section 9) or the regulations are being or have been complied with by any person carrying on the business of selling bread by retail or by wholesale, any inspector appointed under the Consumer Protection Act, 1969, may enter any premises where that business is being carried on or where any books, accounts, documents or writings relevant to that business are kept and may demand the production of and inspect any such books, accounts, documents or writings in or on those premises and take copies thereof or copies of any extract therefrom.
(2) A person shall not—
(a) wilfully delay or obstruct any inspector referred to in subsection (1) in the exercise of his powers under that subsection; (b) refuse or fail to produce or conceal or attempt to con ceal any such books, accounts, documents or writings; or (c) being a person concerned in the management of any business relating to the sale of bread by retail or by wholesale, refuse or fail to answer any question relating
to any such books, accounts, documents or writings or give any untruthful answer to any such question.
(1) Where a body corporate contravenes any provision
of this Act or the regulations, each director, as defined in the Companies Act, 1961, of the body corporate, and each officer, as so defined, of the body corporate concerned with the management of the body corporate, shall be deemed to have contravened the same provision unless he satisfies the court that—
(a)
the body corporate contravened the provision without his knowledge;
(b)
he was not in a position to influence the conduct of the body corporate in relation to its contravention of the provision; or
(c)
he, being in such a position, used all due diligence to prevent the contravention of the provision by the body corporate.
(2 ) A person may be proceeded against and convicted pursuant to subsection (1) in respect of a contravention of any provision of this Act or the regulations whether or not the body corporate has been proceeded against or been convicted in respect of that contravention.
(3 ) Nothing in subsection (1) prejudices or affects any liability imposed by a provision of this Act or the regulations on any body corporate by which an offence arising under that provision is actually committed.
12. It is sufficient to allege, in an information for an offence
against this Act arising under section 3 or 4, the sale by retail or by wholesale, as the case may be, of a quantity of bread of a specified kind or description without specifying that quantity, but, at the hearing of the proceedings on that information, evidence is admissible of the quantity of bread to which the information relates.
13. A person who contravenes any provision of this Act or
the regulations is guilty of an offence against this Act and liable to a penalty—
(a) if a body corporate—not exceeding $10,000; or
(b) if any other person—not exceeding $5,000.14. (1) Proceedings for an offence against this Act or the
regulations may be taken before a court of petty sessions held before a stipendiary magistrate sitting alone or before the Supreme Court in its summary jurisdiction.
(2) Proceedings for an offence against this Act or the
regulations shall not be instituted in the Supreme Court in its
summary jurisdiction without the written consent of the Minister.
(3) If proceedings for an offence against this Act or the regulations are brought in a court of petty sessions held before a stipendiary magistrate, the maximum penalty that the court may impose in respect of the offence is, notwithstanding any other provisions of this Act or the regulations—
(a) where the offence is committed by a body corporate— $2,000; or (b) where the offence is committed by any other person— $1,000.
(4) If proceedings for an offence against this Act or the regulations are brought in the Supreme Court in its summary jurisdiction, the Supreme Court may impose a penalty not exceeding the maximum penalty provided by this Act or the regulations, as the case may be, in respect of the offence.
(5) Proceedings in the Supreme Court in its summary jurisdiction for an offence against this Act or the regulations may be commenced not later than 6 months after the offence was committed.
15. (1) The Governor may make regulations, not inconsistent
| with this Act, for or with respect to any matter that is by this Act |
required or permitted to be prescribed or that is necessary or
convenient to be prescribed for giving effect to this Act.
(2) Without limiting subsection ( 1 ) , a regulation made for the purposes of section 2 (2) (b) or 2 (3) (b) may do any one or more of the following in relation to bread of any kind or description :—-
(a)
fix different maximum retail prices or different maximum wholesale prices according to differences in quality or description or in the quantity sold or in respect of
different forms, modes, conditions, terms or localities of
trade, commerce, sale or supply;
(b)
fix different maximum retail prices or different maximum wholesale prices in different parts of the State or in different specified areas;
(c)
fix different maximum retail prices or different maximum wholesale prices on a sliding scale;
(d)
fix different maximum retail prices or different maximum wholesale prices subject to compliance with any condition or conditions;
(e)
fix different maximum retail prices or different maximum wholesale prices for cash, delivery or otherwise, and in any such case, inclusive or exclusive of the cost of packing or delivery;
(f)
fix different maximum retail prices or different maximum wholesale prices according to or upon any principle or condition specified in the regulations;
(g)
fix different maximum retail prices or different maximum wholesale prices relative to such standards of measure ment, weight, capacity or otherwise howsoever as may be specified in the regulations, or relative to prices charged by individual traders on any date or during any period specified in the regulations, with such variations, if any, as may be specified in the regulations, or so that those prices vary in accordance with a standard or time, or other circumstance as may be specified in the regula tions, or with profits or wages or with the cost of any
article, as may be specified in the regulations. 16. (1) Any order made under the Prices Regulation Act,
1948, and in force immediately before the date of assent to this
Act—
(a)
so far as it fixes the maximum retail price of bread of any kind or description, has no force or effect while the maximum retail price in relation to bread of that kind or description is fixed under this Act; and
(b)
so far as it fixes the maximum wholesale price of bread of any kind or description, has no force or effect while the maximum wholesale price of bread of that kind or description is fixed under this Act.
(2) Subject to this section, nothing in this Act limits the provisions of the Prices Regulation Act, 1948, with respect to the making of orders with respect to bread but any such order has no force or effect while this Act is in force.
(3 ) The Prices Commission constituted under the Prices Regulation Act, 1948, shall not hold an inquiry with respect to bread while this Act is in force unless directed to do so by the Minister.
(4) Where, after the date of assent to this Act, any proposed order with respect to bread is served on the Minister under section 20 ( 1 A ) of the Prices Regulation Act, 1948, after an inquiry held in public in accordance with the provisions of that Act, and the Minister has informed the Prices Commission constituted under that Act that he does not propose to give it a direction under section 20 ( 1 A ) (b) of that Act with respect to that proposed order, the Minister shall, by proclamation published in the Gazette, declare that this Act ceases to have any further force or effect on and after the day on which that proposed order is published in the Gazette under the provisions of that Act.
(5) Upon the publication in the Gazette of an order
duly made under the Prices Regulation Act, 1948, in the same terms as the proposed order referred to in a proclamation under subsection ( 4 ) , this Act is repealed.
S C H E D U L E 1.
M A X I M U M R E T A I L P R I C E O F BREAD.
1. (1) For the purpose of this Schedule—
"booked sale", in relation to the sale of any bread, means a sale by retail which includes te rms that payment for that bread may be m a d e by the purchaser after 14 days from the date of delivery of that bread;
"bread" , not being bread rolls, does not include hand crafted bread, being bread that after mixing and dividing is moulded or shaped by hand;
"bread rolls" does not include—•( a ) french sticks; or
(b) hand crafted bread rolls, being bread rolls that after mixing and dividing are moulded or shaped by hand;
"Broken Hill A r e a " means all tha t area of New South Wales com prised within a radius of 10 kilometres from the principal Post Office at Broken Hill;
"Menindee A r e a " means all tha t area of New South Wales comprised within a radius of 10 kilometres from the Post Office at Menindec;
"Newcast le A r e a " means all tha t area of N e w South Wales bounded by a line commencing at Stinky Point ; thence a straight line from Stinky Point to the junction of the Pacific Highway and Turnbul l Drive; thence via Turnbul l Drive to Galgabba Point;
Macquar ie to the eastern bank of Cockle Creek; thence in a thence in a northerly direction along the eastern shore of Lake northerly direction along the eastern bank of Cockle Creek to the Cockle Creek Railway Station; thence in a straight line to the junction of the Pacific Highway and N e w England Highway; thence via the Pacific Highway to the southern bank of the H u n t e r River; thence in an easterly direction along the southern bank of the Nor th Channel of the H u n t e r River; thence in a straight line to the junction of the Will iamtown Road and the nor thern boundary of the Newcast le Golf Links; thence via the nor thern boundary of the Newcast le Golf Links; thence by a straight line in an easterly direction to the coast and includes any land which has a frontage to either side of any part of the high ways or roads or drives specified in this definition;
S C H E D U L E 1— continued.
M A X I M U M R E T A I L P R I C E OF BREAD—con t inued .
" N o . 1 A r e a " means all that area of N e w South Wales comprising the shires and municipali ty specified hereunder and any land within a radius of 2 kilometres from the Post Office of the towns specified hereunder in this defini t ion:—
Shires—•
Eurobodal la , Imlay, Mumbul la , Snowy River.
Municipal i ty—
Bega.
T o w n s —
Dorr igo, Milvale, Springdale, Wol lomombi .
"Sydney Metropol i tan A r e a " means the City of Sydney and all that area of N e w South Wales bounded by a line commencing at Barrenjoey Head ; thence a straight line from Barrenjoey Head to West Head ; thence via the southern shore of Broken Bay and Hawkesbury River to Challenger Head ; thence a straight line to Bujwa Bay Road, Cowan; thence a straight line to the junction of Old Nor the rn Road and Cattai Ridge Road; thence a straight line to the junction of Pitt Town Road and Blue G u m Road; thence via Blue G u m Road to Annangrove Road; thence via Annangrove and Nelson Roads to Windsor Road ; thence via Windsor Road to the boundary of Blacktown and Windsor Muni cipalities; thence in a southwesterly direction via the boundary of the Blacktown Municipali ty to South Creek; thence in a southerly direction via South Creek to the southern bounda ry of the Commonwea l th property; thence via the southern boundary of the Commonwea l th proper ty to Richmond Road; thence via Richmond Road to Andrews Road and along Andrews Road to Castlereagh Road; thence via Castlereagh Road to Mill Lane; thence via Mill Lane to the N e p e a n River; thence in a southerly direction along the eastern bank of the N e p e a n River to Mulgoa Creek; thence along Mulgoa Creek to the Mulgoa Road; thence via the Mulgoa Road to Enfield Street; thence via Enfield Street to the boundary of the proposed Western Expressway; thence via the proposed Western Expressway to Wallgrove Road; thence via Wallgrove Road to Elizabeth Drive; thence via Elizabeth Drive to the Old Cowpasture Road; thence via the Old Cowpasture Road to the H u m e Highway; thence via the H u m e Highway to Campbel l town Road; thence via Campbel l town Road to Wollon- gong Road; thence in a southerly direction along Wollongong Road to the junction of Fitzgibbon Lane; thence a straight line
S C H E D U L E I—continued.
M A X I M U M R E T A I L P R I C E OF BREAD—cont inued . to the junction of the boundaries of the Municipali ty of C a m p - belltown, the City of Wollongong and the Sutherland Shire; thence in an easterly direction via the southern boundary of the Suther land Shire to the coast; thence generally in a northerly direction along the coast of New South Wales to the point of commence ment and includes any land which has a frontage to either side of any part of the roads, lanes, streets, expressways, drives or high ways specified in this definition;
"wholesale pr ice" means the price paid by a person on the sale, or
for the supply, to him of bread for the purpose of resale less—
(a ) any abatement , rebate, credit, al lowance, concession deduc tion, or reduction made in respect of that price;
(b) the value of any goods, services or facilities provided by or on behalf of that seller or supplier to that person;
(c) any payment made by or on behalf of that seller or supplier to that person in respect of goods, services or facilities
provided by that person; and(d) ihe value of any other benefit or advantage given, directly or indirectly, by, or on behalf of, that seller or supplier to
that person;
"Wilcannia Area" means all that area of New South Wales comprised
within a radius of 10 kilometres from the Post Office at Wilcannia;
"Wollongong Area" means all that area within the City of Wollongong;
"wrapped" , in relation to the sale of any bread, means that that bread is, at the place of manufacture , fully enclosed and scaled in waxed or greaseproof paper, cellulose film, polythene or foil, and that
that bread was so enclosed and scaled when sold.(2 ) In this Schedule, a reference t o —
(a) a subclause is. unless a contrary intention appears, a reference to a subclause of the clause in which the reference occurs; or
(b) an Appendix is a reference to an Appendix to this Schedule.
S C H E D U L E I—continued.
M A X I M U M R E T A I L P R I C E O F BREAD—cont inued .
2. (1 ) The max imum price per loaf at which bread of a category referred to in Appendix 1 may be sold by retail in New South Wales, outside the Broken Hill Area, the Menindee Area and the Wilcannia Area , is the price that is the lesser of—•
(a) the price that is equal to the sum of the wholesale price paid per loaf for that bread by the retailer of the bread and 9 cents; and
(b) the price that is specified in relation to a loaf of that bread in
subclause (2 ) or ( 3 ) .
( 2 ) For the purposes of subclause ( 1 ) , the price that is specified in relation to a loaf of bread sold by retail in the Sydney Metropoli tan Area is—•
(a) where the bread is made to the basic formula—the price set out in Appendix 1 under the heading "Category A " opposite the description and weight of the loaf; (b) where the bread is made to the basic formula and has added to it one of the ingredients set out in the table to this subclause (o ther than fibre) so that the amount of that ingredient, when expressed as a percentage of the weight of the bread calculated on a moisture free basis, comprises not less than the percentage shown opposite that ingredient in that t ab le—the price set out in Appendix 1 under the heading "Category B " opposite the descrip tion and weight of the loaf;
(c) where the bread is made to the basic formula and has added to it two or more of the ingredients set out in the table to this sub clause, so that the amount of each of those two ingredients, or the amoun t of each of any two of those ingredients, when ex pressed as a percentage of the weight of the bread calculated on a moisture free basis, comprises not less than the percentage shown opposite that ingredient in that t ab le—the price set out in Appen dix 1 under the heading "Category C " opposite the description and weight of the loaf; or (d) in any other case—the price set out in Appendix 1 under the heading "Category A " opposite the description and weight of the
loaf.
S C H E D U L E 1—continued.
M A X I M U M R E T A I L P R I C E O F BREAD—con t inued . T A B L E .
Prote in Increased F lour . . . . . . . . 1 5 . 4
Milk Solids 4 . 0
Rye F lour 3 0 . 0
Fibre 1.8
(3 ) Fo r the purposes of subclause ( 1 ) , the price that is specified in relation to a loaf of the bread sold by retail outside the Sydney Metropoli tan Area is the price that is so specified in relation to a loaf of bread of the same kind sold by retail inside the Sydney Metropol i tan Area , p lus—
(a) where the bread is sold by retail in the Newcastle Area or the
Wollongong A r e a — 1 cent; (b) where the bread is sold by retail in the N o . 1 A r e a — 3 cents; or (c) where the bread is sold by retail in New South Wales outside the Sydney Metropol i tan Area , the Newcast le Area , the Wollongong Area , the Broken Hill Area , the Menindee Area , the Wilcannia
Area and N o . 1 A r e a — 2 cents. ( 4 ) F o r the purposes of subclause ( 2 ) , the basic formula, in relation
to bread, is flour or wholemeal or a combinat ion of flour and wholemeal ,
salt, yeast, water and improver .
( 1 ) T h e m a x i m u m price at which a bread roll or a quanti ty of bread
rolls may be sold by retail in N e w South Wales is the price that is the
lesser of—3.
(a) the sum of the wholesale price paid for that bread roll or quantity and an amoun t computed on the basis of 9 cents per 6 bread
rolls; and(b) the price that is computed from the price specified in relation to bread rolls of that type in Appendix 2.
(2 ) W h e r e a computa t ion under subclause (1 ) results in a max imum
price that includes a fraction of a cent, tha t m a x i m u m price m a y be rounded
up to the next highest whole cent.
S C H E D U L E I—continued.
M A X I M U M R E T A I L P R I C E OF BREAD—cont inued .
4. The m a x i m u m price per loaf at which bread may be sold and the max imum price at which a bread roll or a quantity of bread rolls may be sold in N e w South Wales, by retail by booked sale, is the price that is 1 cent greater than the price that would, but for this clause, be the max imum price under this Act.
5. T h e m a x i m u m price per loaf at which bread may be sold and the m a x i m u m price at which a bread roll or a quanti ty of bread rolls may be sold, by a retailer to a purchaser at his residence, is the price that is 1 cent greater than the price that would, but for this clause, be the max imum price under this Schedule (clause 4 excep ted) .
A P P E N D I X 1.
M a x i m u m Price of Bread Sold by Retai l—Sydney Metropol i tan Area .
| Descr ip t ion | of | Pr ice |
Weigh t of loaf when sold
loaf per loaf
| Category | A— | cents |
| U n w r a p p e d | N o t | less | than | 900 g r a m s , | but less | t h a n | 1 800 g r a m s | 61 |
| W r a p p e d | N o t | less | than | 900 g r a m s , | but less t h a n | 1 800 g r a m s | 63 |
| Sliced | N o t | less t h a n | 900 g r a m s , | but less t h a n | ) 800 g r a m s | 65 |
| U n w r a p p e d | 1 | 800 g r a m s | or | m o r e | 112 |
| W r a p p e d | 1 800 g r a m s | or | m o r e | 114 |
| Sliced | 1 800 g r a m s | or | m o r e | 116 |
| Category | B — |
| U n w r a p p e d | N o t | less | t h a n | 450 g r a m s , | bu t less | t h a n | 680 g r a m s | 57 |
| W r a p p e d | N o t | less | t h a n | 450 g r a m s , | bu t less | t h a n | 680 g r a m s | . . | 59 |
| Sliced | N o t | less t h a n | 450 g r a m s , | bu t less than | 680 g r a m s | 61 |
| U n w r a p p e d | 680 | g r a m s | or | m o r e , | bu t less | t h a n | 900 g r a m s | 61 |
| W r a p p e d | 680 | g r a m s | or | m o r e , | bu t less | t h a n | 900 | g r a m s | 63 |
| Sliced | 680 g r a m s | or m o r e , | bu t less | t h a n | 900 g r a m s | 65 |
| U n w r a p p e d | 900 | g r a m s | or | more | 73 |
| W r a p p e d | 900 | g r a m s | or | m o r e | 75 |
| Sliced | 900 g r a m s | or | m o r e | 77 |
| Category | C— |
| U n w r a p p e d | N o t | less | t h a n | 450 g r a m s , | but less | t h a n | 680 g r a m s | . . | 61 |
| W r a p p e d | N o t | less | t h a n | 450 g r a m s , | but less | t h a n | 680 g r a m s | . . | 63 |
| Sliced | N o t | less | t h a n | 450 g r a m s , | but less | t h a n | 680 g r a m s | . . | 65 |
| U n w r a p p e d | 680 | g r a m s | or | m o r e | 68 |
| W r a p p e d | 680 | g r a m s | or | m o r e | 70 |
| Sliced | 680 g r a m s | or | m o r e | 72 |
S C H E D U L E I—continued.
M A X I M U M R E T A I L P R I C E OF BREAD—cont inued .
A P P E N D I X 2.
M a x i m u m Price of Bread Rolls.
Pr ice per Pr ice per
Descr ip t ion of b read rolls 6 ( u n w r a p p e d ) 6 (wrapped )
cents cents
S m a l l — n o t exceeding 55 g r a m s when sold 64 66
M e d i u m — e x c e e d i n g 55 g r a m s , bu t no t exceeding
100 g r a m s , w h e n sold 70 72 Large—exceed ing 100 g r a m s , bu t no t exceeding 170 g r a m s , when sold 88 90
S C H E D U L E 2.
M A X I M U M W H O L E S A L E P R I C E O F BREAD.
1. (1) For the purpose of this Schedule—
"bread" , not being bread rolls, does not include hand crafted bread, being bread that after mixing and dividing is moulded or shaped by hand;
"bread rolls" does not inc lude— (a ) french sticks; or
(b) hand crafted bread rolls, being bread rolls that after mixing and dividing are moulded or shaped by hand;
"Broken Hill A r e a " means all that area of New South Wales com prised within a radius of 10 kilometres from the principal Post Office at Broken Hill;
"Menindee A r e a " means all that area of N e w South Wales comprised within a radius of 10 kilometres from the Post Office at Menindee;
S C H E D U L E 2—continued.
M A X I M U M W H O L E S A L E P R I C E OF BREAD—cont inued. "Newcast le Area" means all that area of New South Wales bounded by a line commencing at Stinky Point; thence a straight line from Stinky Point to the junction of the Pacific Highway and Turnbul l Drive; thence via Turnbul l Drive to Galgabba Point; thence in a northerly direction along the eastern shore of Lake Macquar ie to the eastern bank of Cockle Creek; thence in a northerly direction along the eastern bank of Cockle Creek to the Cockle Creek Railway Station; thence in a straight line to the junction of the Pacific Highway and New England Highway; thence via the Pacific Highway to the southern bank of the Hunte r River; thence in an easterly direction along the southern bank of the Nor th Channel of the Hunte r River; thence in a straight line to the junction of the Will iamtown Road and the nor thern boundary of the Newcastle Golf Links; thence via the northern boundary of the Newcastle Golf Links; thence by a straight line in an easterly direction to the coast and includes any land which has a frontage to either side of any part of the high ways or roads or drives specified in this definition;
" N o . 1 A r e a " means all that area of New South Wales comprising the shires and municipality specified hereunder and any land within a radius of 2 kilometres from the Post Office of the towns specified hereunder in this definition: —
Shires—
Eurobodal la , Imlay, Mumbul la , Snowy River.
Municipal i ty—
Bega.
T o w n s —
Dorrigo, Milvale, Springdalc. Wol lomombi .
"Sydney Metropoli tan Area" means the City of Sydney and all that area of New South Wales bounded by a line commencing at Barrenjoey Head; thence a straight line from Barrenjoey Head to West Head; thence via the southern shore of Broken Bay and Hawkesbury River to Challenger Head; thence a straight line to Bujwa Bay Road, Cowan; thence a straight line to the junction of Old Nor the rn Road and Cattai Ridge Road; thence a straight line to the junction of Pitt Town Road and Blue G u m Road; thence via Blue G u m Road to Annangrove Road; thence via Annangrove and Nelson Roads to Windsor Road; thence via Windsor Road to the boundary of Blacktown and Windsor Muni cipalities; thence in a southwesterly direction via the boundary
S C H E D U L E l—continued.
M A X I M U M W H O L E S A L E P R I C E OF BREAD—cont inued . of the Blacktown Municipali ty to South Creek; thence in a
southerly direction via South Creek to the southern boundary of the Commonwea l th property; thence via the southern boundary of the Commonwea l th property to Richmond Road; thence via Richmond Road to Andrews Road and along Andrews Road to Castlereagh Road; thence via Cast lereagh Road to Mill Lane; thence via Mill Lane to the Nepean River; thence in a southerly direction along the eastern bank of the Nepean River to Mulgoa Creek; thence along Mulgoa Creek to the Mulgoa Road; thence via the Mulgoa Road to Enfield Street; thence via Enfield Street to the boundary of the proposed Western Expressway; thence via the proposed Western Expressway to Wallgrove Road; thence via Wallgrove Road to Elizabeth Drive; thence via Elizabeth Drive to the Old Cowpas ture Road; thence via the Old Cowpasture Road to the H u m e Highway; thence via the H u m e Highway to Campbel l town Road; thence via Campbel l town Road to Wollon gong Road; thence in a southerly direction along Wollongong Road to the junction of Fitzgibbon Lane ; thence a straight line to the junction of the boundaries of the Municipali ty of C a m p belltown, the City of Wollongong and the Sutherland Shire; thence in an easterly direction via the southern boundary of the Suther land Shire to the coast; thence generally in a northerly direction along the coast of New South Wales to the point of commence ment; and includes any land which has a frontage to either side of any part of the roads, lanes, streets, expressways, drives or highways specified in this definition;
"Wilcannia A r e a " means all that area of New South Wales comprised
within a radius of 10 kilometres from the Post Office at Wilcannia:
"Wollongong Area" means all that area within the City of Wollongong;
"wrapped" , in relation to the sale of any bread, means that that bread is, at the place of manufacture , fully enclosed and sealed in waxed or greaseproof paper, cellulose film, polythene or foil, and that
that bread was so enclosed and sealed when sold.(2) In this Schedule, a reference t o —
(a) a subclause is. unless a contrary intention appears, a reference to a subclause of the clause in which the reference occurs; and
(b) an Appendix is a reference to an Appendix to this Schedule.
S C H E D U L E 2—continued.
M A X I M U M W H O L E S A L E P R I C E OF BREAD—cont inued .
2. ( 1 ) T h e max imum price per loaf at which bread of a category referred to in Appendix 1 may be sold by wholesale in New South Wales, outside the Broken Hill Area, the Menindee Area and the Wilcannia Area, is the price that is specified in relation to a loaf of that bread in subclause
| (2) | or ( 3 ) . |
( 2 ) Fo r the purposes of subclause ( 1 ) , the price that is specified in relation to a loaf of bread sold by wholesale in the Sydney Metropoli tan Area i s —
(a) where the bread is made to the basic formula—the price set out in Appendix 1 under the heading "Category A " opposite the description and weight of the loaf; (b) where the bread is made to the basic formula and has added to it one of the ingredients set out in the table to this subclause (o ther than fibre) so that the amount of that ingredient, when expressed as a percentage of the weight of the bread calculated on a moisture free basis, comprises not less than the percentage shown opposite that ingredient in that tab le—the price set out in Appendix 1 under the heading "Category B " opposite the descrip tion and weight of the loaf;
(c) where the bread is made to the basic formula and has added to it
two or more of the ingredients set out in the table to this sub clause, so that the amount of each of those two ingredients, or the amount of each of any two of those ingredients, when expressed as a percentage of the weight of the bread calculated on a moisture free basis, comprises not less than the percentage shown opposite that ingredient in that tab le—the price set out in Appendix 1 under the heading "Category C " opposite the descrip tion and weight of the loaf; or
(d) in any other case—the price set out in Appendix 1 under the heading "Category A " opposite the description and weight of the
loaf.
S C H E D U L E 2—cont inued .
M A X I M U M W H O L E S A L E P R I C E OF BREAD—cont inued . T A B L E .
Protein Increased F lour . . . . . . . . 1 5 . 4
Milk Solids 4 . 0
Rye F lour 3 0 . 0 Fibre 1 . 8 ( 3 ) For the purposes of subclause ( 1 ) , the price that is specified in
relation to a loaf of the bread sold by wholesale outside the Sydney Met ro politan Area is the price that is so specified in relation to a loaf of bread of the same kind sold by wholesale inside the Sydney Metropoli tan Area, p lus—
(a) where the bread is sold by wholesale in the Newcastle Area or the
Wollongong A r e a — 1 cent; (b) where the bread is sold by wholesale in the N o . 1 A r e a — 3 cents; or (c) where the bread is sold by wholesale in New South Wales outside the Sydney Metropol i tan Area , the Newcast le Area , the Wollongong Area , the Broken Hill Area , the Menindee Area, the Wilcannia Area and N o . 1 A r e a — 2 cents. ( 4 ) Fo r the purposes of subclause ( 2 ) , the basic formula, in relation
to bread, is flour or wholemeal or a combinat ion of flour and wholemeal,
salt, yeast, water and improver . ( 1 ) T h e max imum price at which a bread roll or a quanti ty of bread rolls may be sold by wholesale in New South Wales is the price that is computed from the price specified in relation to bread rolls of that type in Appendix 2 .
3 .
( 2 ) Where a computa t ion under subclause ( 1 ) results in a maximum price that includes a fraction of a cent, that maximum price may be rounded
up to the next highest whole cent.
S C H E D U L E 2—continued.
M A X I M U M W H O L E S A L E P R I C E O F BREAD—cont inued .
A P P E N D I X 1.
Maximum Price of Bread Sold by Wholesa le - Sydney Metropoli tan Area.
| Descr ip t ion | of | Weight of loaf when sold | Price |
loaf per loaf
| Category | A— | cents |
| U n w r a p p e d | N o t | less than | 900 g r a m s , | hut | less than | 1 800 | g r a m s | 52 |
| W r a p p e d | N o t | less than | 900 g r a m s , | but | less t h a n | 1 800 | g r a m s | 54 |
| Sliced | N o t less than 900 g r a m s , but less than | 1 800 g rams | 56 |
| U n w r a p p e d | 1 800 g rams | or | more | 103 |
| W r a p p e d | 1 800 g rams | or | more | 105 |
| Sliced | 1 800 g rams or | m o r e | 107 |
| Category | B— |
| U n w r a p p e d | N o t | less than | 450 g r a m s , | but | less | than | 680 | g r a m s | 48 |
| W r a p p e d | N o t | less than | 450 g r a m s , | but | less than | 680 | g r a m s | 50 |
| Sliced | N o t | less than 450 g r a m s , but less than 680 | g r a m s | 52 |
| U n w r a p p e d | 680 g r a m s | or | m o r e , | but | less than | 900 | g rams | 52 |
| W r a p p e d | 680 g r a m s | or | m o r e , | but | less than | 900 | g r a m s | 54 |
| Sliced | . . | 680 g r a m s or | m o r e , | but | less than | 900 | g r a m s | 56 |
| U n w r a p p e d | 900 | g r a m s | or | m o r e | 64 |
| W r a p p e d | 900 | g r a m s | or | m o r e | 66 |
| Sliced | 900 g r a m s | or | m o r e | 68 |
| Category | C— |
U n w r a p p e d N o t less than 450 g r a m s , but less than 680 g r a m s . . 52
W r a p p e d N o t less than 450 g r a m s , but less than 680 g r a m s 54
Sliced N o t less than 450 g r a m s , but less than 680 g r a m s 56
U n w r a p p e d 680 g r a m s or m o r e 59 W r a p p e d 680 g r a m s or m o r e 61
Sliced 680 g r a m s or m o r e 63
S C H E D U L E 2—continued.
M A X I M U M W H O L E S A L E P R I C E O F BREAD—cont inued .
A P P E N D I X 2.
Maximum Price of Bread Rolls.
Description of bread rolls Price per Price per
6 (unwrapped) 6 (wrapped)
cents cents
Small—not exceeding 55 grams when sold. . 55 57 Medium—exceeding 55 grams, but not exceeding ] 00 grams, when sold 61 63 Large—exceeding 100 grams, but not exceeding
170 grams, when sold 79 81
0
0
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