Document ID: chunk:federal_register_of_legislation:C2004C00357:clause:3_16b
Version: federal_register_of_legislation:C2004C00357
Segment Type: clause
Provision Reference: sch 3 cl 16B
Character Range: 49988–52066

16B  Powers of Minister in relation to maximum prices

 (1) The Minister may, by writing signed by him and delivered to the Secretary to the Authority, request the Authority to give further consideration to any maximum price fixed by the Authority under section 16A and to report the result of its further consideration to him within 28 days of the delivery of the request, and the Authority shall comply with that request.

 (2) Where as the result of its consideration, in response to a request under subsection (1), of the maximum price in relation to a class of sales of milk, the Authority decides that in lieu of that maximum price another maximum price should be fixed, the Authority shall, in accordance with section 16A, forthwith fix and declare that other maximum price in relation to that class of sales.

 (3) Where the Minister makes a request for a report under subsection (1) in respect of a maximum price, he may, by notice published in the Gazette, suspend the operation of that price until notice of the receipt of the report is published in the Gazette.

 (4) For the purposes of this Ordinance (other than this section), during the suspension, by virtue of subsection (3), of the operation of a maximum price in relation to a class of sales of milk fixed under a paragraph of subsection 16A(1):
 (a) that maximum price shall be deemed not to be so fixed; and
 (b) the maximum price (if any) that applied (whether by virtue of this Ordinance, the Prices Regulation Ordinance 1949 of the Australian Capital Territory as amended or section 75 of the Commonwealth Functions (Statutes Review) Act 1981) in relation to that class of sales immediately before that first‑mentioned maximum price was fixed shall be deemed to be the maximum price in relation to that class of sales fixed under that paragraph.

 (5) Where the Minister has published a notice under subsection (3) in respect of a maximum price, he shall, on receipt of the report of the Authority requested by him in respect of that price, publish notice of the receipt of the report in the Gazette.