Price Control Act


2008 Revised Edition

CAP. 40.40






PRICE CONTROL ACT

Price Control Act CAP. 40.40 Arrangement of Sections





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PRICE CONTROL ACT

Arrangement of Sections
Section

PART I - PRELIMINARY 5
1 Short title................................................................................................................ 5
2 Interpretation.......................................................................................................... 5

PART II - ESTABLISHMENT OF PRICE CONTROL BOARD 6
3 Establishment of Board.......................................................................................... 6
4 Composition of Board............................................................................................ 6
5 Conflict of interest ................................................................................................. 6

PART III - POWERS OF THE BOARD 6
6 Powers of the Board............................................................................................... 6
7 Limitation............................................................................................................... 7
8 Price Inspectors...................................................................................................... 7

PART IV - CONTROL OF PRICES 8
9 Fixing the maximum price ..................................................................................... 8
10 Proportionate Prices ............................................................................................... 8
11 Variation of order................................................................................................... 8

PART V - MISCELLANEOUS 8
12 Prohibited acts........................................................................................................ 8
13 Penalties ................................................................................................................. 9
14 Regulations ............................................................................................................ 9
15 Excess price recoverable........................................................................................ 9
16 Crown to be bound................................................................................................. 9
17 Confidentiality ....................................................................................................... 9
18 Immunity.............................................................................................................. 10


Arrangement of Sections CAP. 40.40 Price Control Act





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SCHEDULE 11

Supporting Documents

ENDNOTES 12

Price Control Act CAP. 40.40 Section 1





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PRICE CONTROL ACT

AN ACT TO ESTABLISH THE PRICE CONTROL BOARD FOR
CONTROLLING PRICES, AND FOR CONNECTED PURPOSES1

Commencement [22 August 1991]

PART I - PRELIMINARY

1 Short title
This Act may be cited as the Price Control Act.

2 Interpretation
In this Act, unless the context otherwise requires —

“Board” means the Price Control Board established under section 3;

“retailer” means a person who in the course of his business sells commodities
to a consumer;

“wholesaler” means a person who sells or supplies commodities to another
for the purpose of resale or for use by such other person in the course of his
business;

“price” includes a charge of any description;

“commodity” includes any goods or service.

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PART II - ESTABLISHMENT OF PRICE CONTROL BOARD

3 Establishment of Board
(1) There is hereby established a board to be known as the Price Control Board.

(2) The Board —
(a) shall be a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may sue or be sued in respect of matters, whether relating to contract,

tort or otherwise, arising in connection with the exercise of its powers
or the carrying on of its functions under the provisions of this Act.

4 Composition of Board
(1) The Board shall consist of three members being the Registrar of Co-

operatives who shall be the Chairman and the following members appointed
by the Minister for a term not exceeding 5 years:
(a) a representative of retailers; and
(b) a representative of consumers.

(2) All orders made by the Board shall be given under the hand of the Chairman.

(3) In the exercise of its functions under this Act the Board shall act in
accordance with any general or special directions as to the policy to be
followed by it issued by the Minister and published in the Gazette.

5 Conflict of interest
Each member of the Board shall fully declare to the Board any financial or other
interest which he may have in any subject under consideration by the Board.

PART III - POWERS OF THE BOARD

6 Powers of the Board
(1) The Board shall with the approval of the Minister by order regulate the price

for sale by retail of the commodities listed in the Schedule, either generally or
in any part of Tuvalu specified in the order.

(2) The Minister may from time to time by order add commodities to or delete
commodities from the Schedule.

(3)

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(a) The Board may call any person to give information or any explanation
or to produce records or documents which the Board may require in
performing its duties; and the Board may call any other person to assist
the Board with such information, explanation, records or documents.

(b) Any person wilfully refusing to comply with a lawful request of the
Board commits an offence and shall be liable on conviction to a fine of
up to $1,000.

7 Limitation
In determining whether and in what manner to exercise the powers conferred by
section 6, the Board and the Minister shall have regard to the circumstance of the
trade in the commodity to which the order will apply and to the effect of an order on
the profitability of that trade.

8 Price Inspectors
(1) The Board with the approval of the Minister may appoint suitably qualified

persons to act as price inspectors for the purposes of this Act and in
particular —
(a) to report to the Board any breaches of the provisions of this Act or any

regulations or orders made thereunder;
(b) to institute, prosecute and conduct any legal proceedings in respect of

any alleged offence against this Act or any regulation or order made
thereunder.

(2) On production of his credentials and for the purpose of determining whether
an offence has been committed, a price inspector may seize and detain any
documents or commodities which he has reason to believe may be required as
evidence in proceedings for such an offence.

(3) Any person who —
(a) wilfully obstructs a price inspector in pursuance of his powers under

this Act or any regulation or order made thereunder;
(b) without reasonable cause fails to give a price inspector any other

assistance or information which he may reasonably require for the
performance of his functions,

shall be guilty of an offence.

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PART IV - CONTROL OF PRICES

9 Fixing the maximum price
Without limiting the generality of section 6(1) an order made under that
section may —

(a) prescribe a maximum price for the sale of the commodity;
(b) make provision whereby the price to be charged on a sale by retail is

not to exceed the buying price charged to the retailer by more than a
margin determined in accordance with the order;

(c) make different provision in relation to different circumstances.

10 Proportionate Prices
Where the quantity of the commodity sold or offered for sale is greater or less than
the quantity specified in an order made under section 6(1) such commodity shall,
subject to any express provision to the contrary in the order, be sold or offered for
sale at the proportionately increased or diminished price as the case may be.

11 Variation of order
The Board may with the approval of the Minister by order or by notice to any trader
cancel or vary an order made under section 6(1) or exempt any commodity from
such an order.

PART V - MISCELLANEOUS

12 Prohibited acts
No person shall —

(a) sell or attempt to sell a commodity to which an order made under
section 6(1) applies at a greater price than that prescribed by the order;

(b) in the course of business apply different methods of fixing or
ascertaining the prices of a commodity to which an order under section
6(1) applies with intent to evade the provisions of this Act or any
regulation or order made thereunder.

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13 Penalties
(1) Any person who contravenes or fails to comply with any of the provisions of

this Act or of any regulation or order made thereunder shall be guilty of an
offence and liable to a fine of $1000.

(2) Where an offence under this Act committed by a body corporate is proved to
have been committed with the knowledge, consent or connivance of, or to be
attributable to any neglect on the part of, any director, manager, secretary or
other similar official of the body corporate or any person who was purporting
to act in any such capacity, he as well as the body corporate shall be liable to
be proceeded against and on conviction shall be liable accordingly.

14 Regulations
The Minister may make regulations generally to carry into effect the purposes of this
Act and in particular —

(a) to provide for the keeping by wholesalers and
(b) to secure that prices are indicated on or in relation to commodities

offered or exposed for sale by retail;
(c) to provide for the financing, accounting, reporting and audit of the

Board.

15 Excess price recoverable
A transaction shall not be invalid by reason only that it involves an offence under
this Act; but the person paying a price in excess of that prescribed by an order made
under section 6(1) shall be entitled to recover from the retailer the excess of any
price so paid by him over such price unless he himself has aided, abetted or procured
the commission of the offence.

16 Crown to be bound
This Act shall bind the Crown.

17 Confidentiality
(1) Any information relating to a business which is supplied to the Board or its

employees shall be treated as confidential and shall not be disclosed unless
the person supplying the information consents or such disclosure is necessary
for the purposes of this Act.

(2) Any person contravening the foregoing subsection shall be guilty of an
offence and shall be liable on conviction to a fine of up to $1000.

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18 Immunity
No legal proceedings shall be competent for any loss or damage that may result from
anything done under this Act.

Price Control Act CAP. 40.40 SCHEDULE





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SCHEDULE

List of Commodities to be Price controlled:
1. Rice

2. Flour

3. Sugar

4. Biscuit (Cabin)

5. Kerosene

6. Petrol (Benzine)

7. Bar soap

8. Bathing/Toilet soap, and Toilet paper

9. Powder soap

10. Detergents

11. Edible oils of all types

12. Canned corned beef and corned mutton

13. Butter (all types)

14. Milk powdered, evaporated or condensed

15. Coffee

16. Tea

17. Milo

18. Building materials:
(i) Cement
(ii) Timber
(iii) Paint
(iv) Roofing iron

19. Fish and fish products

20. Bicycles

21. Torch batteries

22. Lamps and lanterns, including pressure lamps, hurricane lamps and spares.

ENDNOTES CAP. 40.40 Price Control Act





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ENDNOTES


1 Act 2 of 1991