Australian Capital Territory Numbered Acts

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FAIR TRADING (PETROLEUM RETAIL MARKETING) (NO. 32 OF 1995) - SECT 12

Power to obtain information

12. (1) Where the Minister believes, on reasonable grounds, that—

        (a)     a person is a prescribed person; and

        (b)     that person is capable of furnishing information that the Minister considers to be necessary in connection with the operation of this Act;

the Minister may by notice served on that person, require the person to furnish to the Minister, within the time and in the manner specified in the notice, such information as is specified in the notice.

(2) A person shall not—

        (a)     without reasonable excuse, fail to comply with a notice under subsection (1); or

        (b)     in purported compliance with such a notice, knowingly furnish information that is false or misleading in a material particular.

Penalty:

        (a)     in the case of a natural person—50 penalty units or imprisonment for 6 months, or both;

        (b)     in the case of a body corporate—250 penalty units.

(3) In this section—

“motor fuel” means any fuel to be used in propelling road vehicles, other than diesel fuel or liquefied gas;
“prescribed person” means—

        (a)     a person, whether within or outside the Territory, who supplies motor fuel in the Territory; or

        (b)     a person, whether within or outside the Territory, who is a party to an agreement, arrangement or understanding to which this Act may apply;

“supply” means to supply (including re-supply), or to offer to supply, by way of sale (whether by wholesale or by retail) or exchange.


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