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Vanuatu Consolidated Legislation - 1988 |
Commencement: 29 August 1974
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
PRICE CONTROL
JR 18 of 1974
JR 27 of 1974
JR 10 of 1975
ARRANGEMENT OF SECTIONS
SECTION
PART I
1. Interpretation
PART II
Price Control Bureau
5. Exercise of functions of Bureau
PART III
Prices Advisory Committee
6. Establishment of Prices Advisory Committee
7. Consultation of Committee on draft legislation concerning prices
PART IV
Procedure and method for fixing prices
9. Methods of fixing prices
PART V
Controller and Inspectors
10. Powers of Controller and Inspectors
11. Secrecy
PART VI
Duties of Traders
12. Traders to keep books, accounts etc.
14. Invoices etc., to be supplied
15. Power to make subsidiary legislation
16. Power to regulate activity of traders
PART VII
18. Penalties
19. Offences by company
20. Offences by employees
SCHEDULE - Form of undertaking of secrecy under section 11 of The Price Control Act.
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PRICE CONTROL
To make provision for controlling the price of goods and services.
INTERPRETATION
"Controller" means the Price Controller referred to in section 3;
"Inspector" means a Price Inspector referred to in section 3;
"Minister" means the Minister responsible for price control;
"price" when used in connexion with the provision of services includes the rate charged for supplying or carrying on any service and the term "price" or "rate" shall be deemed to include valuable consideration of any kind whatsoever direct or indirect;
"retail" when used in relation to any sale means a sale by a retailer to a consumer;
"retail price" means the price paid or payable for goods sold by retail;
"retailer" means a trader who sells goods to a consumer;
"trader" means any person who in connexion with any business carried on by him sells, has sold, or proposes to sell any goods, or who supplies or who carries on any service;
"wholesale" when used in relation to any sale means a sale by a wholesaler to any person;
"wholesaler" means a trader who sells goods to any person for the purpose of resale or for use by such person in his trade or business;
"wholesale price" means the price paid or payable for goods sold by wholesale.
PART II
PRICE CONTROL BUREAU
ESTABLISHMENT OF PRICE CONTROL BUREAU
COMPOSITION OF BUREAU
Provided however that police officers of or above the rank of sergeant shall, by virtue of their rank and office be entitled to exercise all functions of a Price Inspector upon having made the declaration of secrecy required by section 11.
FUNCTIONS OF BUREAU
4. The functions of the Price Control Bureau shall be -
(a) to ensure that the legislation concerning price control is observed by all traders, persons engaged in commercial activities and persons providing services;
(b) to verify any infringements of the said legislation and to make a report thereon.
EXERCISE OF FUNCTIONS OF BUREAU
PRICES ADVISORY COMMITTEE
ESTABLISHMENT OF PRICES ADVISORY COMMITTEE
CONSULTATION OF COMMITTEE ON DRAFT LEGISLATION CONCERNING PRICES
It shall in addition give all necessary publicity to any draft legislation submitted to it for a period of 2 weeks and shall receive either verbally or in writing any representations which may be made.
PROCEDURE AND METHOD FOR FIXING PRICES
INQUIRY INTO PRICE STRUCTURE AND PROFIT MARGINS
METHODS OF FIXING PRICES
PART V
CONTROLLER AND INSPECTORS
POWERS OF CONTROLLER AND INSPECTORS
10. The Controller and Inspectors shall have power –
(a) at any reasonable time to require any trader -
(i) to furnish either verbally or in writing, honestly and to the best of his know- ledge, any information concerning the price structure applicable to such of his business activities as may be specified;
(ii) as soon as is reasonably possible to produce or to supply a copy of any paper or document relating to the price structure applicable to such of his business activities as may be specified in no matter whose possession the same may be;
(b) during the normal working hours of any business -
(i) to enter and inspect any business premises and to take such steps as may be reasonably necessary to effect such purposes;
(ii) to take possession of any paper, document or sample of merchandise which may appear to him to be evidence constituting proof of any contravention of this Act or any rules made thereunder.
SECRECY
(2) In order to ensure compliance with this section the Controller and Inspectors shall individually enter into an undertaking of secrecy in the form prescribed in the Schedule.
DUTIES OF TRADERS
TRADERS TO KEEP BOOKS, ACCOUNTS ETC.
PROHIBITION OF DESTRUCTION OF DOCUMENTS WITHIN 2 YEARS
INVOICES ETC., TO BE SUPPLIED
(b) the date;
(c) a description of the merchandise;
(d) the individual and total prices, together with any additional information specifically relating to particular businesses, merchandise or services as may be required by the Controller. A duplicate of this invoice must be retained by the trader for a period of 2 years after the date on which the same was issued.
(2) Every trader who supplies goods by retail or who supplies any service shall, when such goods or services are supplied on credit, issue at the time when such goods or services are supplied an invoice to the purchaser and a note in duplicate containing the following information –
(a) the name of trader;
(b) the name and first name of the customer;
(c) the date;
(d) the total amount.
The trader shall thereupon present such note to the customer for signature after which the trader shall hand one copy to the customer. In the case of cash sales the trader need not issue a note as aforesaid unless otherwise provided in any subsidiary legislation made in accordance with section 15 or unless so requested by the purchaser.
POWER TO MAKE SUBSIDIARY LEGISLATION
POWER TO REGULATE ACTIVITY OF TRADERS
OFFENCES
(2) Any trader who, whilst complying with the requirements of any subsidiary legislation made under the provisions of this Act regarding the pricing, labelling description or invoicing of goods supplied by him, nevertheless sells or exposes of; sale goods or supplies services otherwise than in accordance with the price, label, description or invoice applied by him to such goods or services, shall be guilty of an offence and is liable to the penalties prescribed in section 18.
PENALTIES
(2) In addition, notwithstanding the provisions of the Business Licence Act, Cap. 173, the shop or premises where the offence has taken place may be closed by order of the Minister for a period not exceeding 3 months and the trader who has committed the offence shall at his expense display a copy of the said order. The order shall be displayed on the principal entrance to the premises and shall be clearly readable from outside the premises.
OFFENCES BY COMPANY
OFFENCES BY EMPLOYEES
_________________________
SCHEDULE
Form of Undertaking of Secrecy under section 11
of the Price Control Act, Cap. 86
I, ........................................................... of ............................................................. being an Inspector/Controller appointed to that office in accordance with the Price Control Act hereby undertake not to voluntarily disclose any information supplied in pursuance of the Price Control Act, except as allowed by that Act.
................................................................
(Signature)
Signed at .............................. this ........................... day of ................................. 19 ..........
Witness: ..........................................................................
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URL: http://www.paclii.org/vu/legis/consol_act1988/pca157