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Price Control (Amendment) Act 2020

TUVALU

PRICE CONTROL (AMENDMENT) ACT 2020

Act No.11 of 2020

Arrangement of Sections

Section
1 Short Title
2 Amendment to Section 13
4 Amendment to Schedule 1
5 Insert New Schedule 2
SCHEDULE 1
LIST OF COMMODITIES TO BE PRICE CONTROLLED:
SCHEDULE 2
FORM 1
FORM 2

PRICE CONTROL (AMENDMENT) ACT 2020

AN ACT TO STRENGTHEN THE PENALTY MEASURES UNDER THE PRICE CONTROL ACT THROUGH THE USE OF NON-COMPLIANCE NOTICE AND FIXED PENALTY NOTICE PRIOR TO COURT PROCEEDINGS, AND TO RENEW THE LIST OF COMMODITIES TO BE PRICE CONTROLLED.

Commencement [24th December, 2020]

1 Short Title

This Act may be cited as the Price Control (Amendment) Act 2020.

2 Amendment to Section 13

(1) Section 13(1) is amended by repealing subsection (1) and replacing it with the following:

"13
"(1) Any person who fails to comply with the provisions of this Act shall be subject to the following order of penalties;

• (a) Non-Compliance Notice, as provided under schedule 2; or
• (b) Fixed Penalty Notice up to the value of $1000, as provided for under the schedule 2; or
• (c) Liable upon conviction of up to $2000."

4 Amendment to Schedule 1

Schedule 1 is repealed in its entirety and replaced with a new Schedule 1, as follows;

5 Insert New Schedule 2

A new Schedule 2 is inserted to include Form 1 and Form 2 as follow;

SCHEDULE 1

LIST OF COMMODITIES TO BE PRICE CONTROLLED:

1. Rice

2. Flour

3. Sugar

4. Biscuit (Cabin)

5. Cooking gas

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 product (local Fresh Fish and imported)

20. Fruits and vegetables- including taro, cassava both fresh and frozen

SCHEDULE 2

FORM 1

(Section 13(1)(a))

NON-COMPLIANCE NOTICE

DATE OF NOTICE: ____________

NAME OF BUSINESS OR OWNER: _____________________

ADDRESS: ________________________________________

Your Business/Company, ____________________________, has been found to be in violation of the Price Control Act, on this _____ day of________20___, by increasing the prices of the following commodities beyond the percentage threshold prescribed by the Price Control Order.

(*Add list to another page if necessary)

This notice requires your Business to reduce the prices of the listed commodities to a price within the percentage threshold prescribed under the Price Control Order, within thirty (30) clear days from the date of the Notice.

Failure to comply with this Notice will result in your Business facing a Fixed Penalty Notice upon which you are required to pay a penalty fine of $1000.

FORM 2

(Section 13(1)(b))

FIXED PENALTY NOTICE

DATE OF NOTICE: ____________

NAME OF BUSINESS OR OWNER:_________________________

ADDRESS: ____________________________________________

Your Business/Company, ____________________________, has failed to observe the Non-Compliance Notice issued to you on the _____ day of________20____, within 30 clear days from the date of the Non-Compliance Notice.

This Notice imposes a fixed penalty of $1000 for failure to comply with the Non-Compliance Notice. Your Business must pay the penalty fine of $1000 within thirty (30) days from the date of this Notice.

Payment of the fine shall be made to the Government Cashier at Ground Floor of the Government Building, Vaiaku, Funafuti.

Failure to comply with the Fixed Penalty Fine of $1000 will result in Court proceedings and penalty fine or imprisonment upon conviction."