Prices Justification Act 1973 (Cth)

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PRICES JUSTIFICATION ACT 1973 [Note: This Act is "repealed" by Act No. 74 of 1981]
(#DATE 29:02:1980)

- Incorporating all amendments by legislation made to 29 February 1980

- Reprinted as at 29 February 1980
*1* The Prices Justification Act 1973 (a) as shown in this reprint comprises Act No. 37, 1973 as amended by the other Acts specified in the following table:

------------------------------------------------------------------------------
Application,
saving
or
Number Date Date of transitional
Act and year of Assent commencement provisions
------------------------------------------------------------------------------
Prices
Justification Act
1973 37, 1973 1 June 1973 1 Aug 1973 (see
Gazette 1973, No.
82, p. 1)
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 S. 9 (1)
Prices
Justification Act
1974 47, 1974 21 Aug 1974 21 Aug 1974 S. 6 (2)
Administrative
Changes
(Consequential
Provisions) Act
1976 91, 1976 20 Sept 1976 20 Sept 1976(b) S. 4
Federal Court of
Australia
(Consequential
Provisions) Act
1976 157, 1976 9 Dec 1976 1 Feb 1977 (see s.
2 and Gazette
1977, No. S3, p.
1) S. 4
Prices
Justification
Amendment Act 1976 182, 1976 13 Dec 1976 13 Dec 1976 S. 16 (2)
Remuneration and
Allowances
Amendment Act 1977 111, 1977 28 Oct 1977 Ss. 1, 2, 5, 9
(2), 13, 16, 18
and 19 (2): 28 Oct
1977
Remainder: 1 June
1977 -
Prices
Justification
Amendment Act 1979 24, 1979 30 May 1979 30 May 1979 Ss. 15 and 16 ------------------------------------------------------------------------------
(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

(b) By virtue of sub-section 2 (7) of the Administrative Changes
(Consequential Provisions) Act 1976 the amendment made by that Act to the Prices Justification Act 1973 is deemed to have come into operation on 22 December
1975.


PRICES JUSTIFICATION ACT 1973 - TABLE OF PROVISIONS 
TABLE

                             TABLE  OF  PROVISIONS



                              PART  I-PRELIMINARY




Section


  1.          Short title


  2.          Commencement


  3.          Interpretation


  4, 5.       (Repealed)




                           PART  II-CONSTITUTION  OF  THE  TRIBUNAL


  6.          Constitution of Tribunal


  7.          Terms and conditions of appointment


  7AA.        Appointment of Judge as member of Prices Justification Tribunal

              not to affect tenure, &c.


  7A.         Associate members


  8.          Remuneration and allowances of members


  9.          Leave of absence


  10.         Resignation


  11.         Termination of appointment


  12.         Member or associate member not to act when interested


  13.         Deputy Chairman


  14.         Acting Chairman


  15.         Meetings of Tribunal




                            PART III-FUNCTIONS  OF  THE  TRIBUNAL


  16.         Functions of Tribunal


  17.         Power of Minister to require Tribunal to conduct an inquiry


  17A.        Directions of Minister as to special considerations


  17B.        Determination that company is prescribed company


  18.         Notification to Tribunal of proposed increases in prices of
goods

              or services


  18A.        Prices of goods or services not to be increased pending inquiry


  18B.        Interim price increases


  19.         Inquiry and report by Tribunal on requirement by Minister


  19AA.       Inquiry and report by Tribunal on its own initiative


  19A.        Withdrawal of notices by Tribunal


  20.         Parties to inquiries


  21.         Procedure at inquiries


  22.         Chairman may authorize Tribunal to sit in Divisions


  23.         Power to obtain information


  24.         Power to take evidence on oath or affirmation


  25.         Failure of witness to attend


  26.         Refusal to be sworn or to answer questions


  27.         Protection of members, representatives and witnesses


  28.         (Repealed)


  29.         Powers of Tribunal in relation to documents produced


  30.         Allowances to witnesses




                                    PART  IV-MISCELLANEOUS


  31.         Prosecutions


  32.         Effect of appointment of Judge as a member


  33.         Rights of public servant appointed as Chairman or full-time
member

  34.         Staff


  34A.        Secrecy


  35.         Annual report


  36.         Regulations


PRICES JUSTIFICATION ACT 1973 - LONG TITLE 
SECT

An Act to make provision for the holding of Inquiries into Prices charged or
proposed to be charged for the Supply of Goods or Services in Australia

PRICES JUSTIFICATION ACT 1973 - SECT. 1. 
Short title 
SECT

                              PART  I-PRELIMINARY


  1. This Act may be cited as the Prices Justification Act 1973.*1*



See notes to first article of this Chapter.

PRICES JUSTIFICATION ACT 1973 - SECT. 2. 
Commencement 
SECT

  2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*



See notes to first article of this Chapter.

PRICES JUSTIFICATION ACT 1973 - SECT. 3. 
Interpretation 

Sub-section (1) amended by No. 47, 1974, s. 3; No. 182, 1976, s. 3; No. 24,
1979, s. 3

SECT

  3. (1) In this Act, unless the contrary intention appears-



   "associate member"  means an associate member of the Tribunal;



   "Chairman"  means the Chairman of the Tribunal and includes a person acting
as Chairman of the Tribunal;



   "company"  means a body corporate that-



     (a)  is a foreign corporation;



     (b)  is a trading or financial corporation incorporated under the law
relating to companies in force in a State or in a Territory forming part of
Australia; or



     (c)  is a holding company of a body corporate of a kind referred to in
paragraph (a) or (b);



   "Deputy Chairman"  means the Deputy Chairman of the Tribunal;



   "full-time member"  means a member, other than the Chairman, who is
appointed as a full-time member;



   "Judge"  means-



     (a)  a Justice or Judge of a federal court or of the Supreme Court of a
Territory; or



     (b)  a person who, by virtue of an Act, has the same status as a Justice
or Judge of a court referred to in paragraph (a) of this definition;



   "meeting ", in relation to the Tribunal, includes a sitting of the Tribunal
for the purpose of taking evidence or receiving submissions in an inquiry;



   "member"  means a member of the Tribunal and includes the Chairman;



   "notified goods or services ", in relation to a company, means goods or
services of a description to which a determination under section 17B that is
in force in respect of the company relates;



   "prescribed company"  means a company in respect of which there is in force
at the relevant time a determination under section 17B;



   "prices justification inquiry"  means an inquiry of the kind referred to in
paragraph 16 (2) (a);



   "services"  includes the rights or benefits provided under an agreement for
the performance of work (otherwise than under a contract of service), whether
with or without the supply of goods;



   "Tribunal"  means the Prices Justification Tribunal established by this
Act.



Inserted by No. 24, 1979, s. 3



SECT

  (1A) A reference in this Act to the supply of goods or services or to goods
or services supplied shall be read as a reference to the supply of goods or
services by a company or goods or services supplied by a company, as the case
may be.



Substituted by No. 47, 1974, s. 3



SECT

  (2) In this Act-



  (a)  a reference to the supply of goods does not include a reference to-



      (i)  a supply for use outside Australia;



     (ii)  a supply for which a charge is not made; or



     (iii)  any other prescribed supply; and



  (b)  a reference to the supply of services does not include a reference to-



      (i)  a supply outside Australia;



     (ii)  a supply for which a charge is not made; or



     (iii)  any other prescribed supply.



Sections 4 and 5 repealed by No. 24, 1979, ss. 4 and 5

                         *   *   *   *   *   *   *   *




PRICES JUSTIFICATION ACT 1973 - SECT. 6. 
Constitution of Tribunal 
SECT

                    PART  II-CONSTITUTION  OF  THE  TRIBUNAL


  6. (1) There is hereby established a Prices Justification Tribunal, which
shall consist of a Chairman and such number of other members as are from time
to time appointed in accordance with this Act.



  (2) The members shall be appointed by the Governor-General.



Amended by No. 182, 1976, s. 6



SECT

  (3) Subject to sub-section (4), a member other than the Chairman may be
appointed as a full-time member or as a part-time member.



Substituted by No. 182, 1976, s. 6



SECT

  (4) An appointment or re-appointment of a member as a part-time member shall
not be made after the commencement of the Prices Justification Amendment Act
1976.

PRICES JUSTIFICATION ACT 1973 - SECT. 7. 
Terms and conditions of appointment 

Sub-section (1) amended by No. 47, 1974, s. 5

SECT

  7. (1) Subject to this Act, a member holds office for such period, being a
period of not less than 1 year or more than 7 years, as is specified in the
instrument of his appointment and on such terms and conditions as the
Governor-General determines, but is eligible for re-appointment.



Amended by No. 182, 1976, s. 20



SECT

  (2) A person, other than a Judge, who has attained the age of 65 years shall
not be appointed or re-appointed as the Chairman or as a full-time member, and
a person, other than a Judge, shall not be appointed or re-appointed as the
Chairman or as a full-time member for a period that extends beyond the date on
which he will attain the age of 65 years.

PRICES JUSTIFICATION ACT 1973 - SECT. 7AA. 
Appointment of Judge as member of Prices Justification Tribunal not to affect 
tenure, &c. 

Inserted by No. 111, 1977, s. 16

SECT

  7AA. The appointment of a person who is a Judge as a member of the Tribunal,
or the service of a person who is a Judge as such a member, whether the
appointment was or is made or the service occurred or occurs before or after
the commencement of this section, does not affect, and shall be deemed never
to have affected, his tenure of office as a Judge or his rank, title, status,
precedence, salary, annual or other allowances or other rights or privileges
as the holder of his office as a Judge and, for all purposes, his service,
whether before or after the commencement of this section, as a member of the
Tribunal shall be taken to have been, or to be, service as the holder of his
office as a Judge.

PRICES JUSTIFICATION ACT 1973 - SECT. 7A. 
Associate members 

Inserted by No. 182, 1976, s. 7

SECT

  7A. (1) The Minister, after consultation with the Chairman, may appoint
persons to be associate members of the Tribunal.



  (2) An associate member shall be appointed either-



  (a)  for such period, not exceeding 5 years, as is specified in the
instrument of his appointment; or



  (b)  for a period commencing on a day specified in the instrument of his
appointment and ending on the day on which the Tribunal completes its inquiry
and report in relation to a matter specified in that instrument,



but is eligible for re-appointment.



  (3) Subject to this Part, an associate member holds office on such terms and
conditions as the Minister determines.



  (4) The Chairman may, by writing signed by him, direct that, for the
purposes of the exercise of the powers of the Tribunal in connexion with an
inquiry and report in relation to a specified matter, not being an exercise of
those powers by a Division of the Tribunal, a specified associate member or
specified associate members shall be deemed to be a member or members of the
Tribunal and, in that case, unless the contrary intention appears, a reference
in this Act to a member of the Tribunal shall, for the purposes only of the
exercise of the powers of the Tribunal in connexion with that inquiry and
report, be construed as including a reference to that associate member or each
of those associate members, as the case may be.



  (5) Associate members shall be deemed to be members of the Tribunal for the
purposes of section 22.

PRICES JUSTIFICATION ACT 1973 - SECT. 8. 
Remuneration and allowances of members 

Substituted by No. 182, 1976, s. 8

SECT

  8. (1) A member, other than a Judge, shall be paid such remuneration as is
determined by the Remuneration Tribunal.



  (2) A member, other than a Judge, shall be paid such allowances as are
prescribed.



  (3) This section has effect subject to the Remuneration Tribunals Act 1973.



  (4) In this section,  "member"  includes an associate member.



Section 8A repealed by No. 111, 1977, s. 17

                         *   *   *   *   *   *   *   *




PRICES JUSTIFICATION ACT 1973 - SECT. 9. 
Leave of absence 
SECT

  9. The Minister may grant leave of absence to the Chairman or a full-time
member upon such terms and conditions as to remuneration or otherwise as the
Minister determines.

PRICES JUSTIFICATION ACT 1973 - SECT. 10. 
Resignation 
SECT

  10. (1) A member may resign his office by writing under his hand delivered
to the Governor-General.



Added by No. 182, 1976, s. 9



SECT

  (2) An associate member may resign his office by writing under his hand
delivered to the Minister.

PRICES JUSTIFICATION ACT 1973 - SECT. 11. 
Termination of appointment 
SECT

  11. (1) The Governor-General may terminate the appointment of a member by
reason of misbehaviour or physical or mental incapacity.



Amended by No. 182, 1976, s. 20



SECT

  (2) If-



  (a)  a member-



      (i)  becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his creditors or makes
an assignment of his remuneration for their benefit; or



     (ii)  fails to comply with his obligations under section 12; or



  (b)  the Chairman or a full-time member-



      (i)  engages in any paid employment outside the duties of his office;
or



     (ii)  is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days or for 28 days in any 12 months,



the Governor-General shall terminate the appointment of the member concerned.



Substituted by No. 182, 1976, s. 10



SECT

  (3) This section applies in relation to associate members in like manner as
it applies in relation to members other than full-time members.



Amended by No. 182, 1976, s. 10



SECT

  (4) Sub-sections (1) and (2) do not apply to a member who is a Judge but, if
a member who is a Judge ceases to be a Judge, the Governor-General may
terminate his appointment.

PRICES JUSTIFICATION ACT 1973 - SECT. 12. 
Member or associate member not to act when interested 

Amended by No. 182, 1976, s. 11

SECT

  12. A member or associate member shall not take part in any inquiry in
relation to a matter in which he has a direct or indirect pecuniary interest.

PRICES JUSTIFICATION ACT 1973 - SECT. 13. 
Deputy Chairman 

Substituted by No. 182, 1976, s. 12

SECT

  13. (1) The Governor-General may appoint a person who is, or is to be, a
member, other than the Chairman, to be the Deputy Chairman of the Tribunal.



  (2) A person appointed under this section holds office as Deputy Chairman
until the expiration of his period of appointment as a member or until he
ceases to be a member, whichever first occurs.



  (3) Where a member appointed as Deputy Chairman is, upon ceasing to be
Deputy Chairman by virtue of the expiration of the period of his appointment
as a member, re-appointed as a member, he is eligible for re-appointment as
Deputy Chairman.



  (4) The Deputy Chairman may resign his office of Deputy Chairman by writing
signed by him and delivered to the Governor-General.

PRICES JUSTIFICATION ACT 1973 - SECT. 14. 
Acting Chairman 
SECT

  14. (1) Where there is a vacancy in the office of Chairman, the Minister may
appoint a person to act as Chairman until the filling of the vacancy.



Substituted by No. 182, 1976, s. 13



SECT

  (2) Where the Chairman is absent from duty-



  (a)  the Deputy Chairman shall act as Chairman during the absence; or



  (b)  if there is no Deputy Chairman or the Deputy Chairman is not available
to act as Chairman, the Minister may appoint a member to act as Chairman
during the absence of the Chairman, but any such appointment ceases to have
effect if a person is appointed as Deputy Chairman or the Deputy Chairman
becomes available to act as Chairman.



Substituted by No. 47, 1974, s. 7



SECT

  (3) A person acting as Chairman has all the powers and duties, and shall
perform all the functions, conferred on the Chairman by this Act.



Added by No. 47, 1974, s. 7



SECT

  (4) A person acting as Chairman shall act in that capacity on such terms and
conditions (if any) as the Governor-General determines.

PRICES JUSTIFICATION ACT 1973 - SECT. 15. 
Meetings of Tribunal 
SECT

  15. (1) Subject to this section, the Chairman shall convene such meetings of
the Tribunal as he thinks necessary for the efficient performance of the
functions of the Tribunal.



  (2) Meetings of the Tribunal shall be held at such places as the Chairman
determines.



  (3) The Chairman shall preside at all meetings of the Tribunal at which he
is present.



Substituted by No. 182, 1976, s. 14



SECT

  (4) In the absence of the Chairman from a meeting of the Tribunal-



  (a)  the Deputy Chairman shall preside; or



  (b)  if the Deputy Chairman is not present at the meeting-a member nominated
for the purpose by the Chairman shall preside.



  (5) Subject to this Act, the member presiding at a meeting of the Tribunal
may give directions regarding the procedure to be followed at or in connexion
with the meeting.



Amended by No. 47, 1974, s. 8; No. 182, 1976, s. 14



SECT

  (6) At a meeting of the Tribunal-



  (a)  three members form a quorum;



  (b)  all questions shall be decided by a majority of votes of the members
present and voting; and



  (c)  the member presiding has a deliberative vote and, in the event of an
equality of votes, also has a casting vote.

PRICES JUSTIFICATION ACT 1973 - SECT. 16. 
Functions of Tribunal 
SECT

                     PART  III-FUNCTIONS  OF  THE  TRIBUNAL


Substituted by No. 24, 1979, s. 6



SECT

  16. (1) The functions of the Tribunal are to conduct inquiries in accordance
with this Part in relation to prices for the supply of goods or services, and
to report to the Minister the results of every such inquiry.



  (2) An inquiry under this Part may be either-



  (a)  a prices justification inquiry, that is to say an inquiry as to whether
the price or prices at which a company or companies (whether a prescribed
company or prescribed companies or not) supplies or supply, or proposes or
propose to supply, goods or services of a particular description is or are
justified and, if the Tribunal is of the opinion that the price or any of the
prices is not justified, what lower price for the supply by the company or
companies concerned of goods or services of that description would be
justified; or



  (b)  an inquiry into a matter specified by the Minister in a notice under
paragraph 17 (1) (b).



  (3) The Tribunal shall conduct such prices justification inquiries as it is
required to conduct by notice given by the Minster under section 17 and may,
with the approval of the Minister, conduct such other prices justification
inquiries as it thinks fit.



  (4) The Tribunal shall conduct such inquiries other than prices
justification inquiries as it is required to conduct by notice given by the
Minister under section 17.



  (5) In conducting a prices justification inquiry and making its report on
such an inquiry, the Tribunal shall have due regard to the need for the
company or companies concerned to achieve a level of profitability that is
sufficient to enable the company or companies to maintain an adequate level of
investment and employment.

PRICES JUSTIFICATION ACT 1973 - SECT. 17. 
Power of Minister to require Tribunal to conduct an inquiry 

Substituted by No. 24, 1979, s. 6

SECT

  17. (1) The Minister may, by notice in writing under his hand delivered to
the Chairman, require the Tribunal-



  (a)  to conduct a prices justification inquiry; or



  (b)  to conduct an inquiry, not being a prices justification inquiry, into a
specified matter or specified matters related to the prices at which goods or
services are supplied,




and to report to him the results of the inquiry.



  (2) A notice under sub-section (1) shall either-



  (a)  specify the description of the goods or services to which the inquiry
is to relate, without specifying the particular company or companies in
relation to which the inquiry is to be conducted; or



  (b)  specify both-



      (i)  the description of the goods or services to which the inquiry is to
relate; and



     (ii)  the particular company or companies in relation to which the
inquiry is to be conducted.



  (3) Where a notice under this section is in accordance with paragraph (2)
(a), the Tribunal shall determine the particular company or companies in
relation to which the inquiry will be conducted, and the Chairman shall give
notice in writing of the determination to the Minister.



  (4) Where the Minister by a notice under this section requires the Tribunal
to conduct an inquiry other than a prices justification inquiry, he may, in
the notice, give such directions as he thinks fit as to the conduct of the
inquiry or the matters to be taken into consideration.



  (5) A notice under sub-section (1) may specify the time within which the
inquiry must be completed and the report submitted and the Tribunal shall
complete the inquiry and submit the report within that time or within that
time as extended by the Minister in his discretion.



  (6) Where a notice under sub-section (1) does not specify the time within
which the inquiry must be completed and the report submitted, the Tribunal
shall complete the inquiry and submit the report within the time specified in
paragraph 19 (1) (c) or within that time as extended by the Minister in his
discretion.

PRICES JUSTIFICATION ACT 1973 - SECT. 17A. 
Directions of Minister as to special considerations 

Inserted by No. 24, 1979, s. 6

SECT

  17A. The Minister may, by notice in writing under his hand delivered to the
Chairman, direct the Tribunal to give special consideration, in exercising its
functions and powers under this Act, to the matter or matters specified in the
notice and the Tribunal shall comply with any such direction.

PRICES JUSTIFICATION ACT 1973 - SECT. 17B. 
Determination that company is prescribed company 

Inserted by No. 24, 1979, s. 6

SECT

  17B. (1) Where a prices justification inquiry in respect of a company has
been completed, the Tribunal may, on or before, or not later than 7 days
after, the day on which a copy of its report on the inquiry is sent to the
company, determine that the company is to be a prescribed company for the
purposes of this Act in relation to goods or services of a specified
description, being a description of goods or services to which the inquiry
related, for a period commencing on the day on which notice of the
determination is served on the company in accordance with this section and
ending on a specified day, being-



  (a)  a day not later than 12 months after the day on which the determination
is made; or



  (b)  a later day approved by the Minister.



  (2) Where the Tribunal makes a determination in accordance with sub-section
(1), it shall, not later than 7 days after the day on which the determination
is made, serve on the company notice of the determination, under the hand of
the Chairman, containing full pariculars of the determination, and the
determination takes effect on the day on which the notice is served.



  (3) In all proceedings-



  (a)  a certificate under the hand of the Chairman certifying that-



      (i)  a determination under this section in the terms specified in the
certificate was made by the Tribunal on a specified day; and



     (ii)  notice of the determination in a form specified in the certificate
was, on a specified day, duly served on the company to which the determination
relates,



    is prima facie evidence of the matters certified; and



  (b)  a document purporting to be such a certificate shall, unless the
contrary is proved, be taken to be such a certificate.



  (4) A company is a prescribed company for the period specified in a
determination relating to the company, or if that period is extended or
further extended by the Minister in pursuance of sub-section (5), for that
period as extended or further extended.



  (5) Within the period specified in a determination relating to a company, or
within any extension or further extension of that period, the Minister may, by
writing under his hand delivered to the Chairman, extend or further extend for
such period as he thinks fit the period for which the company is to be a
prescribed company.



  (6) Where the Minister extends or further extends a period in pursuance of
sub-section (5), the Tribunal shall forthwith serve notice in writing of the
extension or further extension on the company concerned.



  (7) The Tribunal may revoke a determination made in accordance with
sub-section (1) or amend such a determination so as to exclude goods or
services of a particular description from the operation of the determination.

PRICES JUSTIFICATION ACT 1973 - SECT. 18. 
Notification to Tribunal of proposed increases in prices of goods or services 

Sub-section (1) substituted by No. 47, 1974, s. 10; amended by No. 182, 1976,
s. 16; No. 24, 1979, s. 7

SECT

  18. (1) If a prescribed company supplies notified goods or services of a
particular description in a locality where the company has, during the
immediately preceding period of 90 days, supplied goods or services of that
description on the same or substantially similar terms and conditions, and the
price at which the company supplies the goods or services is higher than the
highest price at which during that preceding period the company supplied goods
or services of that description in that locality on the same or substantially
similar terms and conditions, the company is guilty of an offence unless-



  (a)  a notice in writing stating that the company proposes to supply goods
or services of that description in that locality and specifying the price at
which, and the terms and conditions on which, the company proposes to supply
the goods or services has been given, as prescribed, to the Tribunal; and



  (b)  the event or events referred to in one of the following sub-paragraphs
has or have occurred:



      (i)  the prescribed period has expired;



     (ii)  the Tribunal has served notice in writing on the company stating
that the Tribunal does not intend to hold an inquiry as to whether the
proposed price is justified; or



     (iii)  the Tribunal has served notice in writing on the company
specifying a price for the supply of goods or services of that description in
that locality on those terms and conditions that the Tribunal considers to be
justified, being a price that is lower than the price specified in the notice
by the company, and the company has, not later than 7 days after service on
the company of the notice by the Tribunal, given, as prescribed, to the
Tribunal a further notice stating that the price at which the company proposes
to supply any goods or services of that description in that locality on those
terms and conditions will not be higher than the price specified in the notice
by the Tribunal.



Substituted by No. 47, 1974, s. 10; amended by No. 182, 1976, s. 16; No. 24,
1979, s. 7



SECT

  (2) If a prescribed company supplies notified goods or services of a
particular description in a locality where the company has previously supplied
goods or services of that description on the same or substantially similar
terms and conditions but has not, during the immediately preceding period of
90 days, so supplied goods or services of that description and the price at
which the company supplies the goods or services is higher than the highest
price at which the company has previously supplied goods or services of that
description in that locality on the same or substantially similar terms and
conditions, the company is guilty of an offence unless-



  (a)  a notice in writing stating that the company proposes to supply goods
or services of that description in that locality and specifying the price at
which, and the terms and conditions on which, the company proposes to supply
the goods or services has been given, as prescribed, to the Tribunal; and



  (b)  the event or events referred to in one of the following sub-paragraphs
has or have occurred:



      (i)  the prescribed period has expired;



     (ii)  the Tribunal has served notice in writing on the company stating
that the Tribunal does not intend to hold an inquiry as to whether the
proposed price is justified; or



     (iii)  the Tribunal has served notice in writing on the company
specifying a price for the supply of goods or services of that description in
that locality on those terms and conditions that the Tribunal considers to be
justified, being a price that is lower than the price specified in the notice
by the company, and the company has, not later than 7 days after service on
the company of the notice by the Tribunal, given, as prescribed, to the
Tribunal a further notice stating that the price at which the company proposes
to supply any goods or services of that description in that locality on those
terms and conditions will not be higher than the price specified in the notice
by the Tribunal.



Inserted by No. 47, 1974, s. 10; amended by No. 24, 1979, s. 7



SECT

  (2A) If a prescribed company supplies notified goods or services of a
particular description in a locality where the company has not previously
supplied goods or services of that description, or in a locality where the
company has not previously supplied goods or services of that description on
the same or substantially similar terms and conditions, and-



  (a)  the company has not previously supplied goods or services of that
description elsewhere in Australia, or has not previously supplied goods or
services of that description elsewhere in Australia on the same or
substantially similar terms and conditions; or



  (b)  where the company has previously supplied goods or services of that
description elsewhere in Australia on the same or substantially similar terms
and conditions-the price at which the company supplies the goods or services
is higher than the highest price at which the company has previously supplied
goods or services of that description in Australia on the same or
substantially similar terms and conditions,



the company is guilty of an offence unless-



  (c)  a notice in writing stating that the company proposes to supply goods
or services of that description in that locality and specifying the price at
which, and the terms and conditions on which, the company proposes to supply
the goods or services has been given, as prescribed, to the Tribunal; and



  (d)  the event or events referred to in one of the following sub-paragraphs
has or have occurred:



      (i)  the prescribed period has expired;



     (ii)  the Tribunal has served notice in writing on the company stating
that the Tribunal does not intend to hold an inquiry as to whether the
proposed price is justified; or



     (iii)  the Tribunal has served notice in writing on the company
specifying a price for the supply of goods or services of that description in
that locality on those terms and conditions that the Tribunal considers to be
justified, being a price that is lower than the price specified in the notice
by the company, and the company has, not later than 7 days after service on
the company of the notice by the Tribunal, given, as prescribed, to the
Tribunal a further notice stating that the price at which the company proposes
to supply any goods or services of that description in that locality on those
terms and conditions will not be higher than the price specified in the notice
by the Tribunal.



Inserted by No. 47, 1974, s. 10



SECT

  (2B) A company that commits an offence against sub-section (1), (2) or (2A)
is punishable, on conviction, by a fine not exceeding $10,000.



Amended by No. 47, 1974, s. 10



SECT

  (3) At any time after a company has given a notice to the Tribunal under
this section specifying a price at which the company proposes to supply goods
or services and before the Tribunal commences to hold an inquiry as to whether
that price is justified-



  (a)  the company may give, as prescribed, to the Tribunal a further notice
stating that the previous notice is to have effect as if there were
substituted for the price specified in that notice such lower price as is
specified in the further notice; and



  (b)  where a further notice is so given by the company, the previous notice
by the company has effect in accordance with the further notice.



Substituted by No. 47, 1974, s. 10



SECT

  (4) Subject to sub-sections (4A), (4B) and (5), the prescribed period for
the purposes of this section is the period of 21 days that commenced on the
day on which the notice referred to in paragraph (1) (a), (2) (a) or (2A) (c),
as the case may be, was given to the Tribunal.



Inserted by No. 47, 1974, s. 10



SECT

  (4A) The Tribunal may, with the consent of a company, determine, before the
expiration of the period of 21 days referred to in sub-section (4), that the
prescribed period in relation to that company for the purposes of this section
shall be a specified longer period and, in that case, a reference to that
longer period shall, for the purposes of the application of sub-section (4) in
relation to that company, be deemed to be substituted in that sub-section for
the reference to that period of 21 days.



Inserted by No. 47, 1974, s. 10



SECT

  (4B) Where the Tribunal has served a notice on a company under sub-paragraph
(1) (b) (iii), (2) (b) (iii) or (2A) (d) (iii), then, for the purposes of the
application of sub-section (4) in relation to that company, the reference in
that sub-section to a period of 21 days, or, if a reference to a longer period
is deemed to be substituted in that sub-section by the application of
sub-section (4A), the reference to that longer period, shall be construed as a
reference to the period of 21 days, or to that longer period, as the case may
be, increased by a further period of 14 days.



Substituted by No. 47, 1974, s. 10; amended by No. 24, 1979, s. 7



SECT

  (5) If the Tribunal serves notice in writing on the company before the
expiration of the period that, but for this sub-section, would be the
prescribed period in relation to that company for the purposes of this section
stating that the Tribunal is considering whether to hold or intends to hold an
inquiry as to whether the proposed higher price or the proposed price, as the
case may be, is justified, then, notwithstanding sub-sections (4), (4A) and
(4B), the prescribed period in relation to the company for the purposes of
this section is the period that commenced on the day on which the notice
referred to in paragraph (1) (a), (2) (a) or (2A) (c), as the case may be, was
given to the Tribunal and ends on whichever is the earlier of the following
days:



  (a)  the day on which a copy of the report by the Tribunal in relation to
the proposed higher price or the proposed price is received by the company;



 (aa)  where the Tribunal serves on the company a notice under sub-section
19AA (2) or 19AA (4) that it will not proceed with the inquiry, the day on
which that notice is served; or



  (b)  the fourteenth day after the expiration of-



      (i)  the period of 3 months that commenced on the day on which the
Tribunal served notice on the company that it intended to hold the inquiry;
or



     (ii)  such further period as is, or such further periods as are,
specified in a notice or notices served on the company under sub-section 19
(2).



Substituted by No. 47, 1974, s. 10



SECT

  (6) When the company receives a copy of a report by the Tribunal in relation
to the price at which the company proposes to supply goods or services of a
particular description in a particular locality-



  (a)  the company shall, within 14 days after the report is so received, give
notice in writing to the Tribunal specifying the price at which the company is
supplying or proposes to supply goods or services of that description in that
locality; and



  (b)  the Tribunal shall make particulars of the price available to the
public within 14 days after it receives the notice under paragraph (a).



Substituted by No. 47, 1974, s. 10



SECT

  (7) A company that contravenes paragraph (6) (a) is guilty of an offence and
is punishable, on conviction, by a fine not exceeding $1,000.



Substituted by No. 24, 1979, s. 7



SECT

  (8) This section applies subject to section 18B.



Sub-sections (8A)-(8E), (9) and (10) omitted by No. 24, 1979, s. 7

                         *   *   *   *   *   *   *   *




PRICES JUSTIFICATION ACT 1973 - SECT. 18A. 
Prices of goods or services not to be increased pending inquiry 

Inserted by No. 47, 1974, s. 11

SECT

  18A. (1) Where, after the commencement of this section, the Tribunal serves
on a company a notice (other than a notice served in consequence of a notice
given to the Tribunal by the company under paragraph 18 (1) (a), 18 (2) (a) or
18 (2A) (c)) stating that the Tribunal intends to inquire and report whether
the price at which the company supplies or proposes to supply goods or
services of a particular description in a particular locality on particular
terms and conditions is justified-



  (a)  if the company supplied goods or services of that description in that
locality on the same or substantially similar terms and conditions during the
period of 30 days immediately preceding the date of service of the notice-the
company shall not, before the prescribed day, supply goods or services of that
description in that locality on the first-mentioned terms and conditions at a
price that is higher than the highest price at which the company supplied
goods or services of that description in that locality on the same or
substantially similar terms and conditions during that period;



  (b)  if the company has previously supplied goods or services of that
description in that locality on the same or substantially similar terms and
conditions but has not, during the period of 30 days immediately preceding the
date of service of the notice, so supplied goods or services of that
description-the company shall not, before the prescribed day, supply goods or
services of that description in that locality on the first-mentioned terms and
conditions at a price that is higher than the highest price at which the
company previously supplied goods or services of that description in that
locality on the same or substantially similar terms and conditions; or



  (c)  if the company has not previously supplied goods or services of that
description in that locality, or has not previously supplied goods or services
of that description in that locality on the same or substantially similar
terms and conditions-



      (i)  in the case where the company has not previously supplied goods or
services of that description elsewhere in Australia, or has not previously
supplied goods or services of that description elsewhere in Australia on the
same or substantially similar terms and conditions-the company shall not,
before the prescribed day, supply goods or services of that description in
that locality on the first-mentioned terms and conditions; or



     (ii)  in the case where the company has previously supplied goods or
services of that description elsewhere in Australia on the same or
substantially similar terms and conditions-the company shall not, before the
prescribed day, supply goods or services of that description in that locality
on the first-mentioned terms and conditions at a price that is higher than the
highest price at which the company has previously supplied goods or services
of that description in Australia on the same or substantially similar terms
and conditions.



  Penalty: $10,000.



  (2) For the purposes of sub-section (1), the prescribed day is whichever is
the earlier of the following days:



  (a)  the day on which a copy of the report by the Tribunal in relation to
the price or proposed price is received by the company; or




  (b)  the fourteenth day after the expiration of-



      (i)  the period of 4 months that commenced on the day on which the
Tribunal served notice on the company that it intended to hold the inquiry;
or



     (ii)  such further period as is, or such further periods as are,
specified in a notice or notices served on the company under sub-section 19
(2).



  (3) When the company receives a copy of the report by the Tribunal in
relation to the price at which the company supplies or proposes to supply
goods or services of a particular description in a particular locality-



  (a)  the company shall, within 14 days after the report is so received, give
notice in writing to the Tribunal specifying the price at which the company is
supplying or proposes to supply goods or services of that description in that
locality; and



  (b)  the Tribunal shall make particulars of the price available to the
public within 14 days after it receives the notice under paragraph (a).



  (4) A company that contravenes paragraph (3) (a) is guilty of an offence and
is punishable, on conviction, by a fine not exceeding $1,000.

PRICES JUSTIFICATION ACT 1973 - SECT. 18B. 
Interim price increases 

Inserted by No. 24, 1979, s. 8

SECT

  18B. (1) The Tribunal may, at any time, on the application of-



  (a)  a prescribed company that has given to the Tribunal a notice referred
to in paragraph 18 (1) (a), 18 (2) (a) or 18 (2A) (c); or



  (b)  a company that has been served with a notice referred to in sub-section
18A (1),



give to the company a notice stating that the company is permitted, from a
specified date until-



  (c)  in the case of a company referred to in paragraph (a), the day on which
the prescribed period for the purposes of section 18 expires; and



  (d)  in the case of a company referred to in paragraph (b), the prescribed
day for the purposes of section 18A,



to supply goods or services of a particular description in a specified
locality on specified terms and conditions at the price or prices specified in
the notice.



  (2) The Tribunal may at any time revoke a notice given under this section,
and the notice shall cease to be in effect from the day on which it is
revoked.



  (3) Where a notice is given to a company under this section and while the
notice continues to be in effect the company is not guilty of an offence
against section 18 or 18A by reason only of supplying goods or services in
accordance with the notice.

PRICES JUSTIFICATION ACT 1973 - SECT. 19. 
Inquiry and report by Tribunal on requirement by Minister 

Sub-section (1) amended by No. 47, 1974, s. 12; No. 24, 1979, s. 9

SECT

  19. (1) Subject to this section, where the Tribunal is required by the
Minister to hold an inquiry the Tribunal shall-



  (a)  serve notice in writing on the company or each of the companies-



      (i)  specified in the notice given under section 17 in accordance with
paragraph 17 (2) (b); or



     (ii)  determined in accordance with sub-section 17 (3),



    stating that the Tribunal intends to hold the inquiry;



  (b)  before commencing to hold an inquiry, give reasonable notice in each
State and in the Australian Capital Territory and the Northern Territory, by
advertisement published in the Gazette and in a newspaper circulating in the
State or Territory, of its intention to hold the inquiry, the matter that is
the subject of the inquiry and the time and place at which the inquiry is to
be commenced;



  (c)  subject to section 17, complete the inquiry and send a report to the
Minister-



      (i)  in the case of an inquiry held in consequence of a notice given to
the Tribunal under paragraph 18 (1) (a), 18 (2) (a) or 18 (2A) (c)-within 3
months from the date on which the Tribunal served notice on the company or
companies in accordance with paragraph (a) of this sub-section; or



     (ii)  in any other case-within 4 months from the date on which the
Tribunal served notice on the company or companies in accordance with
paragraph (a);



  (d)  on the day on which it sends the report to the Minister, send a copy of
the report to the company or each of the companies; and



  (e)  as soon as practicable after the company or each of the companies has
received a copy of the report, make copies of the report available for
inspection by the public.



Substituted by No. 47, 1974, s. 12



SECT

  (2) If the Tribunal is of the opinion that the company or any of the
companies has failed to provide the Tribunal with sufficient information to
enable the Tribunal to complete its inquiry and report within the period
applicable under paragraph (1) (c), or within any further period or periods
specified in any other notice or notices served on the company or each of the
companies in pursuance of this sub-section, the Tribunal shall serve notice in
writing on the company or each of the companies stating that the Tribunal is
of that opinion and that it requires a further period specified in the notice
within which to complete its inquiry and report.

PRICES JUSTIFICATION ACT 1973 - SECT. 19AA. 
Inquiry and report by Tribunal on its own initiative 

Inserted by No. 24, 1979, s. 10

SECT

  19AA. (1) Subject to this section, the Tribunal shall, before deciding to
hold on its own initiative a prices justification inquiry-



  (a)  publish by advertisement in the Gazette, and also publish in each State
and in the Australian Capital Territory and the Northern Territory by
advertisement in a newspaper circulating in that State or Territory, a notice
stating that the Tribunal is considering whether to hold the inquiry and
inviting interested persons to make submissions in writing to the Tribunal,
within 7 days of the day on which the notice is published in the Gazette, on
the question whether such an inquiry should be held;



  (b)  not later than 7 days after the publication of the notice under
paragraph (a), serve notice in writing on the company or each of the companies
concerned- 



      (i)  stating that the Tribunal is considering whether to hold the
inquiry; 



     (ii)  inviting the company to make submissions in writing to the
Tribunal, not later than 7 days from the day on which the notice is served on
the company, on the question whether such an inquiry should be held; and



     (iii)  notifying the company that it may within that period of 7 days
request a conference with the Tribunal on the question whether such an inquiry
should be held; and



  (c)  when requested, within the period referred to in sub-paragraph (b)
(iii), by a company concerned to hold a conference on the question whether
such an inquiry should be held, afford to the company an opportunity of
conferring with the Tribunal on that question at a place determined by the
Tribunal and on a day determined by the Tribunal, being a day not earlier than
the eighth day, and not later than the twenty-first day, after the service of
the notice on the company.



  (2) Where, after the publication of a notice referred to in paragraph (1)
(a), the Tribunal decides that it will not proceed with the inquiry it shall
forthwith serve notice on the company or companies concerned that it will not
proceed with the inquiry.



  (3) If, after paragraphs (1) (a), (b) and (c) have been complied with, the
Tribunal decides that the inquiry should be held, it shall apply to the
Minister for approval to hold the inquiry and the Minister shall, as soon as
practicable, inform the Tribunal whether he approves the holding of the
inquiry.



  (4) If the Minister informs the Tribunal that he does not approve the
holding of the inquiry, the Tribunal shall forthwith serve notice on the
company or companies concerned that it will not proceed with the inquiry.



  (5) If the Minister informs the Tribunal that he approves the holding of the
inquiry, the Tribunal shall proceed with the inquiry as if it were an inquiry
to which section 19 applied except that the requirements as to time imposed by
sub-paragraph 19 (1) (c) (i) or (ii) may be varied by the Tribunal with the
consent of the company or companies concerned.



  (6) The Tribunal shall allow to attend at and participate in the conference
referred to in paragraph (1) (c) any person who, in the opinion of the
Tribunal, has a substantial interest in that conference.

PRICES JUSTIFICATION ACT 1973 - SECT. 19A. 
Withdrawal of notices by Tribunal 

Inserted by No. 47, 1974, s. 13

SECT

  19A. Where the Tribunal has served a notice on a company under this Act, the
Tribunal may, by notice in writing served on the company, withdraw the notice
previously served on the company and, in that case, this Act has effect as if
the notice so withdrawn had not been served on the company.

PRICES JUSTIFICATION ACT 1973 - SECT. 20. 
Parties to inquiries 
SECT

  20. (1) At an inquiry conducted by the Tribunal, any person or body of
persons may apply to the Tribunal to be made a party to the inquiry.



  (2) If, upon the making of such an application, the Tribunal is of the
opinion that the applicant has a substantial interest in the matter that is
the subject of the inquiry, the Tribunal shall grant the application but, if
not so satisfied, shall refuse the application.



  (3) A party to an inquiry by the Tribunal is entitled to give evidence, or
call witnesses to give evidence, and to make submissions to the Tribunal, in
relation to the matter that is the subject of the inquiry.

PRICES JUSTIFICATION ACT 1973 - SECT. 21. 
Procedure at inquiries 

Sub-section (1) substituted by No. 182, 1976, s. 17

SECT

  21. (1) Subject to sub-section (1A), an inquiry conducted by the Tribunal
shall be held in public.



Inserted by No. 182, 1976, s. 17



SECT

  (1A) If every party to an inquiry to be conducted by the Tribunal (other
than a person or body of persons that became a party to the inquiry by virtue
of section 20) gives notice in writing to the Tribunal, before the
commencement of the inquiry, stating that that party does not wish the inquiry
to be held in public, the Tribunal may, if it thinks fit, hold the inquiry in
private.



Inserted by No. 182, 1976, s. 17



SECT

  (1B) In an inquiry-



  (a)  evidence shall be taken on oath or affirmation; and



  (b)  any party to the inquiry may make submissions to the Tribunal.



Amended by No. 182, 1976, s. 17



SECT

  (2) If, at an inquiry held in public, any witness objects to giving any
evidence in public that the Tribunal is satisfied is of a confidential nature,
the Tribunal may take that evidence in private if it considers that it is
desirable to do so.



Amended by No. 182, 1976, s. 17



SECT

  (3) In an inquiry, the Tribunal may, if it thinks fit, permit a person
appearing as a witness at the inquiry to give evidence by tendering, and
verifying by oath or affirmation, a written statement and, where evidence is
so given in an inquiry held in public, the Tribunal shall make available to
the public in such manner as the Tribunal thinks fit the contents of the
statement other than any matter-



  (a)  that the person who gave the evidence objects to being made public;
and



  (b)  the evidence of which the Tribunal is satisfied would have been taken
in private if that evidence had been given orally and the witness had objected
to giving it in public.



Amended by No. 182, 1976, s. 17



SECT

  (4) In an inquiry, the Tribunal may, if it thinks fit, require or permit a
party to the inquiry desiring to make submissions to the Tribunal to make
those submissions in writing and, where submissions are so made in an inquiry
held in public, the Tribunal shall make available to the public in such manner
as the Tribunal thinks fit the contents of the submissions.



  (5) Subject to this Act, in an inquiry-



  (a)  the procedure to be followed is within the discretion of the Tribunal;
and



  (b)  the Tribunal is not bound by the rules of evidence.



Added by No. 24, 1979, s. 11



SECT

  (6) Notwithstanding anything contained in this section, if a company claims
that information made available, or to be made available, by or on behalf of
the company (whether in oral evidence or in a written statement, submission or
other document) at the hearing of an inquiry is confidential information and
the Tribunal is satisfied that the claim is justified, the Tribunal shall take
all reasonable steps to ensure that the information is not, without the
consent of the company, disclosed, in the proceedings or by the Tribunal, to
any person other than-



  (a)  a member or associate member of the Tribunal;



  (b)  counsel assisting the Tribunal; or



  (c)  a consultant to the Tribunal or member of the staff of the Tribunal
receiving the information in the course of his duties,



but this sub-section does not apply in relation to a disclosure of information
other than information relating to a secret formula or process where the
disclosure is, in the opinion of the Tribunal, necessary in the public
interest.



Added by No. 24, 1979, s. 11



SECT

  (7) In sub-section (6)  "confidential information"  means information
relating to a secret formula or process or other information the disclosure of
which would damage the competitive position of the company.

PRICES JUSTIFICATION ACT 1973 - SECT. 22. 
Chairman may authorize Tribunal to sit in Divisions 

Sub-section (1) amended by No. 182, 1976, s. 18

SECT

  22. (1) For the purposes of an inquiry and report in relation to a matter,
the Chairman may, by writing under his hand, determine that the powers of the
Tribunal under this Act may be exercised by a Division of the Tribunal
constituted by the Chairman and such other member as is, or such other members
as are, specified in the determination.



  (2) Where the Chairman has made a determination under sub-section (1), he
may, by writing under his hand, at any time before the Division of the
Tribunal specified in the determination has completed the inquiry and report,
revoke the determination or amend the determination in relation to the
membership of the Division or in any other respect, and, where the membership
of a Division of the Tribunal is changed, the Division as constituted after
the change may complete the inquiry and report.



Inserted by No. 182, 1976, s. 18



SECT

  (2A) If-



  (a)  a determination under sub-section (1) provides for the powers of the
Tribunal under this Act for the purposes of an inquiry and report in relation
to a matter to be exercised by a Division of the Tribunal of which an
associate member is a member; and



  (b)  that associate member was appointed for the period ending on the day on
which the Tribunal completes an inquiry and report in relation to that
matter,



sub-section (2) does not entitle the Chairman to amend the determination in a
way that would result in that associate member ceasing to be a member of that
Division.



  (3) For the purposes of an inquiry and report on a matter specified in a
determination made under sub-section (1), the Tribunal shall be deemed to
consist of the Division of the Tribunal specified in the determination.



Substituted by No. 182, 1976, s. 18



SECT

  (4) If the Chairman is not present at a meeting of a Division of the
Tribunal and the Deputy Chairman is not a member of that Division, a member
nominated for the purpose by the Chairman shall preside.



  (5)  Notwithstanding section 15, at a meeting of a Division of the Tribunal
constituted by three or more members, two members form a quorum.



  (6) A Division of the Tribunal may sit and exercise powers of the Tribunal
under this Act notwithstanding that another Division of the Tribunal is
sitting and exercising powers of the Tribunal at the same time.

PRICES JUSTIFICATION ACT 1973 - SECT. 23. 
Power to obtain information 
SECT

  23. (1) Subject to sub-section (2), any member may, by notice in writing
under his hand served on a company, require the company-



  (a)  to furnish to the Tribunal, by writing signed by a competent officer of
the company, within the time and in the manner specified in the notice, such
information in relation to the affairs of the company as is so specified; or



  (b)  to produce to the Tribunal, in accordance with the notice, such
documents in relation to the affairs of the company as are specified in the
notice.



Amended by No. 47, 1974, s. 15; No. 24, 1979, s. 12



SECT

  (2) The power of a member under sub-section (1) to require a company to
furnish information or produce documents applies only to information that is
or documents that are-



                                *   *   *   *   *   *   *   *



  (b)  relevant to the making of a decision by the Tribunal whether to hold an
inquiry in relation to the company; or



  (c)  relevant to an inquiry that is being held in relation to the company.



Amended by No. 182, 1976, s. 20



SECT

  (3) A company shall not-



  (a)  refuse or fail, without reasonable excuse, to comply with a notice
under this section; or



  (b)  in purported compliance with such a notice, knowingly furnish
information that is false or misleading.



  Penalty: $1,000.



  (4) Subject to sub-section (5), where, in pursuance of a notice served on a
company in relation to information or documents to which paragraph (2) (c)
applies, a company furnishes information or produces documents to the Tribunal
in connexion with an inquiry that is being held by the Tribunal, the Tribunal
shall make the information or documents available to the public in such manner
as the Tribunal thinks fit.



Substituted by No. 24, 1979, s. 12



SECT

  (5) Notwithstanding anything contained in this section, if a company claims
that information furnished, or contained in a document produced, by the
company in accordance with this section is confidential information and the
Tribunal is satisfied that the claim is justified, the Tribunal shall take all
reasonable steps to ensure that the information is not, without the consent of
the company, disclosed, in the proceedings or by the Tribunal, to any person
other than-



  (a)  a member or associate member of the Tribunal;



  (b)  counsel assisting the Tribunal; or



  (c)  a consultant to the Tribunal or member of the staff of the Tribunal
receiving the information in the course of his duties,



but this sub-section does not apply in relation to a disclosure of information
other than information relating to a secret formula or process where the
disclosure is, in the opinion of the Tribunal, necessary in the public
interest.



Added by No. 24, 1979, s. 12



SECT

  (6) In sub-section (5)  "confidential information"  means information
relating to a secret formula or process or other information the disclosure of
which would damage the competitive position of the company.

PRICES JUSTIFICATION ACT 1973 - SECT. 24. 
Power to take evidence on oath or affirmation 
SECT

  24. (1) The Tribunal may take evidence on oath or affirmation and, for that
purpose, a member may administer an oath or affirmation.



  (2) Any member of the Tribunal may, for the purposes of this Act, and any
member of a Division of the Tribunal may, for the purposes of the inquiry to
be conducted by that Division, by writing under his hand, summon a person to
appear at an inquiry under this Act to give evidence and to produce such books
and documents (if any) as are referred to in the summons.



  (3) A power conferred on a member under sub-section (2) may, in the
discretion of the member, be exercised on the application of a party to the
inquiry.

PRICES JUSTIFICATION ACT 1973 - SECT. 25. 
Failure of witness to attend 

Amended by No. 182, 1976, s. 20

SECT

  25. A person served with a summons to appear as a witness at an inquiry
shall not, without reasonable excuse-



  (a)  fail to attend as required by the summons; or



  (b)  fail to appear and report himself from day to day unless excused, or
released from further attendance, by a member.



  Penalty: $1,000 or imprisonment for 3 months.

PRICES JUSTIFICATION ACT 1973 - SECT. 26. 
Refusal to be sworn or to answer questions 

Amended by No. 182, 1976, s. 20

SECT

  26. A person appearing as a witness at an inquiry shall not, without
reasonable excuse-




  (a)  refuse or fail to be sworn or to make an affirmation;



  (b)  refuse or fail to answer a question that he is required to answer by
the member presiding at the inquiry; or



  (c)  refuse or fail to produce a document that he was required to produce by
a summons under this Act served on him.



  Penalty: $1,000 or imprisonment for 3 months.

PRICES JUSTIFICATION ACT 1973 - SECT. 27. 
Protection of members, representatives and witnesses 
SECT

  27. (1) A member has, in the performance of his duty as a member, the same
protection and immunity as a Justice of the High Court.



  (2) A person appearing before the Tribunal on behalf of a party at an
inquiry under this Act has the same protection and immunity as a barrister has
in appearing for a party in proceedings in the High Court.



  (3) Subject to this Act, a person summoned to attend or appearing before the
Tribunal as a witness at an inquiry under this Act has the same protection,
and is, in addition to the penalties provided by this Act, subject to the same
liabilities, in any civil or criminal proceedings as a witness in proceedings
in the High Court.



Section 28 repealed by No. 47, 1974, s. 16

                         *   *   *   *   *   *   *   *




PRICES JUSTIFICATION ACT 1973 - SECT. 29. 
Powers of Tribunal in relation to documents produced 
SECT

  29. (1) A member of the Tribunal or of the staff assisting the Tribunal may
inspect any books or documents furnished to the Tribunal for the purposes of
the performance of its functions under this Act or produced at an inquiry and
may make copies of, or take extracts from, those books or documents.



  (2) Books or documents so furnished may be retained by the Tribunal for such
reasonable period as the Tribunal thinks fit.

PRICES JUSTIFICATION ACT 1973 - SECT. 30. 
Allowances to witnesses 
SECT

  30. A witness summoned under this Act to appear at an inquiry is entitled to
be paid-



  (a)  in a case where the witness was summoned on the application of a party
to the inquiry-by that party; or



  (b)  in any other case-by the Commonwealth,



such allowances for his travelling and other expenses as are prescribed.

PRICES JUSTIFICATION ACT 1973 - SECT. 31. 
Prosecutions 
SECT

                             PART  IV-MISCELLANEOUS


Sub-section (1) amended by No. 157, 1976, s. 3; No. 182, 1976, s. 20



SECT

  31. (1) Prosecutions for offences against this Act shall be brought only in
the Federal Court of Australia.



Amended by No. 157, 1976, s. 3



SECT

  (2) Jurisdiction is conferred on the Federal Court of Australia to hear and
determine prosecutions under this Act.



Amended by No. 157, 1976, s. 3



SECT

  (3) The jurisdiction of the Federal Court of Australia under this section
may be exercised by a single Judge.



Amended by No. 91, 1976, s. 3



SECT

  (4) A prosecution for an offence against this Act shall not be instituted
except with the consent in writing of the Minister.

PRICES JUSTIFICATION ACT 1973 - SECT. 32. 
Effect of appointment of Judge as a member 
SECT

  32. (1) If a Judge has, during any period, served as a member, then, for the
purposes of any Act, he shall not be taken, by reason of his having so served,
not to have been serving during that period as a Judge.



Amended by No. 157, 1976, s. 3; No. 182, 1976, s. 20



SECT

  (2) If the Chief Judge or a Judge of the Australian Industrial Court or of
the Federal Court of Australia holds office as a member, he is not qualified,
while so holding office, to exercise, or to take part in the exercise of, any
jurisdiction of the Australian Industrial Court or of the Federal Court of
Australia under this Act.

PRICES JUSTIFICATION ACT 1973 - SECT. 33. 
Rights of public servant appointed as Chairman or full-time member 

Amended by No. 216, 1973, s. 3; No. 182, 1976, s. 20

SECT

  33. If a person appointed as Chairman or as a full-time member was,
immediately before his appointment, an officer of the Australian Public
Service or a person to whom the Officers' Rights Declaration Act 1928-1969
applied-



  (a)  he retains his existing and accruing rights; and



  (b)  for the purpose of determining those rights, his service as Chairman or
as a full-time member shall be taken into account as if it were service in the
Public Service.

PRICES JUSTIFICATION ACT 1973 - SECT. 34. 
Staff 
SECT

  34. (1) The staff required to assist the Tribunal in the performance of its
functions shall be persons appointed or employed under the Public Service Act
1922-1973.



  (2) The use by members of the services of the staff assisting the Tribunal
is subject to the control of the Chairman.

PRICES JUSTIFICATION ACT 1973 - SECT. 34A. 
Secrecy 

Inserted by No. 24, 1979, s. 13

SECT

  34A. (1) This section applies to a person who is or has been-



  (a)  a member or associate member of the Tribunal;



  (b)  counsel assisting the Tribunal;



  (c)  a consultant to the Tribunal; or



  (d)  a member of the staff of the Tribunal.



  (2) Subject to sub-section (3), a person to whom this section applies shall
not, either directly or indirectly, except in the performance of a duty or
function under or in connection with this Act-



  (a)  make a record of, or divulge or communicate to any person, any
information acquired by reason of his office or appointment under this Act or
in the performance of his duties, or the exercise of his powers or functions,
under or in connection with this Act, being information disclosed by a person
or obtained from a person for the purposes of this Act; or



  (b)  produce to any person a document supplied to, lodged with, or otherwise
acquired by, the Tribunal for the purposes of this Act.



  Penalty: $1000 or imprisonment for 3 months.



  (3) Sub-section (2) does not apply in relation to information or documents
made available to the public by the Tribunal or to information contained in
oral evidence given in public at the hearing of an inquiry.



  (4) A person to whom this section applies shall not be required to produce
in a court any document referred to in paragraph (2) (b) or to divulge or to
communicate to a court any information referred to in paragraph (2) (a),
except when it is necessary to do so for the purposes of this Act.



  (5) In this section-



   "court"  includes any tribunal, authority or person having power to require
the production of documents or the answering of questions;



   "produce"  includes permit access to, and  "production"  has a
corresponding meaning.

PRICES JUSTIFICATION ACT 1973 - SECT. 35. 
Annual report 

Sub-section (1) amended by No. 182, 1976, s. 20

SECT

  35. (1) The Tribunal shall, as soon as practicable after each 30 June,
prepare and furnish to the Minister a report with respect to the operations of
the Tribunal during the year ended on that date.



Amended by No. 182, 1976, s. 20



SECT

  (2) The Minister shall cause the report to be laid before each House of the
Parliament within 15 sitting days of that House after the report is received
by him.



Sub-section (3) omitted by No. 182, 1976, s. 20

                         *   *   *   *   *   *   *   *



Section 35A repealed by No. 24, 1979, s. 14

                         *   *   *   *   *   *   *   *




PRICES JUSTIFICATION ACT 1973 - SECT. 36. 
Regulations 
SECT

  36. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters that are required or permitted by this Act to be
prescribed, or are necessary or convenient to be prescribed for carrying out
or giving effect to this Act.
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