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Price Control on Imported Goods for Resale in Niue Act 1975

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

PRICE CONTROL ON IMPORTED GOODS FOR
RESALE IN NIUE ACT 1975

1975/5 – 13 February 1975

1 Short title
2 Interpretation
3 Administration
4 Price Control Board
5 Delegation of powers
6 Price orders
7 Obtaining information
8 Keeping of records
9 Penalties
10 Vicarious responsibility
11 Regulations
12 [Spent]

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To consolidate and amend the law relating to the control of prices on imported goods for resale in Niue

1 Short title

This is the Price Control on Imported Goods for Resale in Niue Act 1975.

2 Interpretation

In this Act –

"Board" means the Price Control Board;

"goods" shall include merchandise, articles, things and commodities, but shall not include any liquor within the meaning of the Liquor Act 1975;

"Minister" means the Minister of Customs Shipping and Trade;

"price" when used in connection with the sale of any goods or the performance of any services, includes every valuable consideration whatsoever, whether direct or indirect;

"retail price" means the price paid or payable for goods sold on retail to a consumer;

"service" includes any service supplied for hire or reward by any person engaged in trade or business;

"trader" means any person who in connection with business carried on by him, sells or proposes to sell any goods, or who supplies or carries on any service;

"wholesale" means the sale or supply of goods to a person for the purpose of resale or for use by such person in his trade or business.

3 Administration

(1) There is hereby constituted a Price Control section of the Customs Department, which shall be under the immediate control of an officer of the Public Service called the Price Control Officer.

(2) The office of the Price Control Officer may be held in conjunction with any other office which the Public Service Commission shall consider to be not incompatible with it.

(3) This Act shall be administered by the Price Control section under the control of the Minister.

4 Price Control Board

(1) For the purpose of this Act there is hereby established a Board to be known as the Price Control Board, consisting of –

(a) A Chairman, and

(b) Not less than 2, nor more than 4 other persons, to be appointed by Cabinet.

(2) Every member of the Board shall hold office for 3 years, but may sooner resign by notice in writing to the Minister, or be removed by Cabinet for disability, misconduct, or neglect of duty proved to the satisfaction of Cabinet.

(3) Of the members appointed under subsection (1)(b), one shall be a person whom Cabinet considers representative of merchants and traders carrying on business in Niue, and one shall be a person whom Cabinet considers representative of consumers in Niue.

5 Delegation of powers

(1) With the written consent of the Minister, the Board may delegate to the Price Control Officer all or any of the powers exercisable by it under this Act, including the powers to make price orders and to institute proceedings.

(2) Any person affected by any order of the Price Control Officer acting pursuant to a delegation under this section may at any time appeal therefrom to the Board by giving to the Minister a written notice of appeal.

(3) The Board may determine any appeal under this section in such manner as it thinks fit.

6 Price orders

(1) If the Board considers it expedient in the public interest to control the price of any goods or services, it may make price orders fixing the maximum or minimum or actual price of such goods or services, either generally throughout Niue or in any specified part of or place in Niue.

(2) Any price order may relate to the sale of goods either at wholesale or retail prices.

(3) Any price order may contain such incidental and supplementary provisions as are necessary or expedient.

(4)

(a) The Board may at any time revoke or amend any price order.

(b) The Board shall not increase the price of any goods as fixed by any price order, more than once in any 3 month period.

(5) The decision of the Board shall be final and shall not be subject to any right of appeal.

(6) Every price order shall be published in the Niuean and English languages in one or more newspapers or published in such other manner as the Board shall consider sufficient, and no price order shall come into force before it has been so published.

(7) It shall be the duty of every trader whose business includes the sale of any goods or the performance of any services to which a current price order made under this Act applies, to keep displayed in a prominent position on the premises in which the sale of such goods or the performance of such services are offered, a list showing clearly for the information of the public the price fixed in respect of such goods or services.

(8) The Price Control Officer may cause lists to be printed in the Niuean or English language or both and may require the trader to exhibit the same in the manner aforesaid.

(9) The Price Control Officer may with regard to any specified goods require that any retailer having such goods for sale shall cause the same to be legibly and conspicuously marked with the selling price for the information of the public.

(10) Nothing in this section shall be construed to affect the exercise by any person or authority having statutory powers to fix prices, fares or charges under any other enactment.

7 Obtaining information

(1) For the purposes of this Act, any member of the Board, or the Price Control Officer, or any other officer lawfully delegated by the Board may –

(a) Require any trader to supply him either orally or in writing with any information in his possession relating to goods or services;

(b) By notice published in a newspaper to require any traders or specified class of traders to render returns setting forth such particulars regarding the sale or performance of services as may be specified in the notice;

(c) Require any trader to produce for inspection any records, accounts, or documents relating to the sale of goods or supply of services, and to furnish copies of them;

(d) During business hours, to inspect all books of account and records of any trader, and to make copies or extracts;

(e) Take possession of any documents or papers which appear to him to constitute prima facie evidence of breach of a price order.

(2) No person shall –

(a) Obstruct any officer or person in the lawful exercise of his powers under this section;

(b) Wilfully fail to give any information or to produce any record, account or document lawfully required of him under this section;

(c) Knowingly give any false information relating to goods and services to any such person.

8 Keeping of records

Every trader shall keep such records and accounts, including stock and costing records, as are customary and proper in the type of business carried on by him and shall retain such records and accounts for a period of 5 years after they come into being.

9 Penalties

(1) Any person who sells or offers for sale any goods or services in breach of any relevant price order, or fails to comply with this Act or any order, notice, direction or requirement lawfully made or published thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months or to both.

(2) Where a company is charged with an offence under this Act, every person who at the time of the commission of the offence was a director or officer of the company may be charged jointly in the same proceedings with such company, and where the company is convicted of the offence, every such director or officer shall be deemed to be guilty of that offence unless he satisfies the Court that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence.

(3) Proceedings against a director of a company under subsection (2) shall not be instituted except on the direction of the Board.

10 Vicarious responsibility

Any trader who engages any employee shall be answerable for the acts or omissions of his employee in so far as they concern the business of such trader, and if such employee commits any act or makes any omission which is an offence or would be an offence if made or committed by such employer, then and in such case both the employer and the employee or either of them may be charged with such offence.

11 Regulations

Cabinet may make such regulations as it thinks fit for the purposes of this
Act.

12 [Spent]