Prices Surveillance Act 1983
Act No. 145 of 1983 as amended
This compilation was prepared on 31 July 2002
taking into account amendments up to Act No. 63 of 2002
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Part I—Preliminary
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Interpretation.................................
4 Application of Act..............................
5 Extent to which Act binds Crown.....................
Part III—Functions of the Commission
17 Functions of the Commission under this Act..............
18 Powers of Minister in relation to inquiries................
19 Commission to give notice in relation to inquiries...........
20 Directions of Minister as to special considerations...........
21 Declarations by Minister or Commission.................
22 Notification to Commission of proposed increases in prices of goods or services
23 Commission to keep register of, and to publish, outcomes of consideration of notices
24 Prices of goods or services not to be increased pending inquiry...
25 Interim price increases...........................
26 Report by Commission...........................
27 Obligation to notify price following receipt of report..........
27A Directions to monitor prices, costs and profits of an industry or business
27B Report on monitoring............................
28 Withdrawal of notices by Commission..................
29 Delegation of some of the Commission’s powers and functions under this Act
31 Procedure at inquiries............................
32 Power to obtain information........................
33 Confidential information..........................
34 Power to take evidence on oath or affirmation.............
35 Failure of witness to attend.........................
36 Refusal to be sworn or to answer question................
37 Protection of members and witnesses...................
38 Powers of Commission in relation to documents produced......
39 Allowances to witnesses..........................
Part IV—Miscellaneous
40 Prosecutions.................................
43 Secrecy....................................
45 Regulations..................................
Part V—Repeal of Petroleum Products Pricing Act 1981
46 Interpretation.................................
51 Obligations of secrecy...........................
Notes
An Act to make provision for the surveillance of, and the holding of inquiries into, prices charged or proposed to be charged for the supply of certain goods and services in Australia
Part I—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Prices Surveillance Act 1983.
2 Commencement [see Note 1]
This Act shall come into operation on a date to be fixed by Proclamation.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
associate member means an associate member of the Commission.
banker includes, but is not limited to, a body corporate that is an ADI (authorised deposit‑taking institution) for the purposes of the Banking Act 1959.
Chairperson means the Chairperson of the Commission.
Commission means the Australian Competition and Consumer Commission established by the Trade Practices Act 1974.
Commonwealth authority means:
(a) the Commonwealth;
(b) an authority, institution or other body (other than a society, association or incorporated company) established for a public purpose…
Overview
The Prices Surveillance Act 1983, enacted by the Commonwealth Parliament, aims to oversee and conduct inquiries into prices charged or proposed to be charged for the supply of certain goods and services within Australia. This Act applies to various entities including Commonwealth authorities, foreign corporations, trading corporations, financial corporations, and bodies corporate incorporated in a Territory, excluding Norfolk Island. It does not apply to the supply of goods or services by State or Territory authorities, except under specific circumstances. The primary objective of the Act is to ensure that prices for the supply of goods and services are not set unfairly, particularly by entities that have substantial market influence. The Australian Competition and Consumer Commission is tasked with considering notices regarding proposed price increases, holding inquiries, and monitoring prices, costs, and profits in specified industries or businesses as directed by the Minister.
Scope and Application
The Prices Surveillance Act 1983 applies to the supply of goods and services by certain entities, including Commonwealth authorities, foreign corporations, trading and financial corporations, and bodies corporate incorporated in the Australian territories (excluding Norfolk Island). It extends to internal territories, the Territory of Christmas Island, and the Territory of Cocos (Keeling) Islands. The Act does not apply to the supply of goods or services by entities established for a public purpose by or under a law of Norfolk Island, or by societies, associations, or companies in which Norfolk Island holds a controlling interest. The Act binds the Crown in right of the Commonwealth, States, Australian Capital Territory, and Northern Territory, though it does not render them liable to prosecution. Certain exclusions and exemptions apply, particularly regarding State and Territory authorities, which are not subject to the Act's provisions unless specific conditions are met. The Act's application can be extended or modified through subordinate instruments and regulations.
Key Provisions
- The Prices Surveillance Act 1983, as amended, governs the surveillance of and inquiries into prices charged or proposed to be charged for the supply of certain goods and services in Australia. The Act applies to supplies by Commonwealth authorities, foreign corporations, trading corporations, financial corporations, and body corporates incorporated in a territory, excluding Norfolk Island. The Act does not apply to supplies by state or territory authorities, except under specific circumstances involving declarations by the Minister or the Commission. The Australian Competition and Consumer Commission (ACCC) is responsible for considering notices and holding inquiries into price-related matters, subject to ministerial direction. The Minister can require or approve inquiries, give directions regarding special considerations, and make declarations about notified goods or services, declared persons, or exempt supplies. Declared persons must notify the ACCC before increasing prices for notified goods or services, with certain exceptions. The ACCC keeps a register of notices and their outcomes, which is available for public inspection. Individuals and body corporates can be fined up to 100 penalty units for price increases without proper notification or compliance with inquiry-related price restrictions. Offences under the Act are prosecuted in the Federal Court of Australia, with specific penalties outlined for various breaches, including failure to comply with notices, refusal to provide information or documents, and unauthorized disclosure of confidential information. The Act also includes provisions for the protection of members and witnesses, powers of the Commission in relation to documents, allowances for witnesses, and regulations. The Act repealed the Petroleum Products Pricing Act 1981 but retained certain secrecy obligations.
- Area of Law
- Commercial Law
- Consumer Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Regulatory Standards
- Enforcement Powers
- Reporting & Disclosure Obligations
