Section 166 — Competition and Consumer Act 2010: Single price to be specified in certain circumstances

(1) A person commits an offence if the person, in trade or commerce, in connection with: (a) the supply, or possible supply, to another person of goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption; or (b) the promotion by any means of the supply to another person, or of the use by another person, of goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption; makes a representation with respect to an amount that, if paid, would constitute a part of the consideration for the supply of the goods or services. (2) A person is not required to include, in the single price for goods, a charge that is payable in relation to sending the goods from the supplier to the other person. (3) Subsection (1) does not apply if the person also: (a) specifies, in a prominent way and as a single figure, the single price for the goods or services; and (b) if, in relation to goods: (i) the person does not include in the single price a charge that is payable in relation to sending the goods from the supplier to the other person; and (ii) the person knows, at the time of the representation, the minimum amount of a charge in relation to sending the goods from the supplier to the other person that must be paid by the other person; specifies that minimum amount. (4) Subsection (1) does not apply if the representation is made exclusively to a body corporate. (5) For the purposes of subsection (3)(a), the person is taken not to have specified a single price for the goods or services in a prominent way unless the single price is at least as prominent as the most prominent of the parts of the consideration for the supply. (6) Subsection (5) does not apply in relation to services to be supplied under a contract if: (a) the contract provides for the supply of the services for the term of the contract; and (b) the contract provides for periodic payments for the services to be made during the term of the contract; and (c) if the contract also provides for the supply of goods—the goods are directly related to the supply of the services. (7) Subsection (1) is an offence of strict liability. Penalty (8) An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following: (a) $100,000,000; (b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit; (c) if the court cannot determine the value of that benefit—30% of the body corporate’s adjusted turnover during the breach turnover period for the offence. (9) An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.