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Competition and Consumer Act 2010 (Cth)

Section 97

Recommended prices

Location

Chapter 6 Other Provisions | Part VII Resale Price Maintenance

View official version at Federal Register of Legislation

 

For the purposes of paragraph 96(3)(b), the supplier is not to be taken as inducing, or attempting to induce, a second person as mentioned in that paragraph in relation to any goods:

(a)  by reason only of a statement of a price being applied to the goods as mentioned in paragraph 99(1)(a) or being applied to a covering, label, reel or thing as mentioned in paragraph 99(1)(b), provided that the statement is preceded by the words “recommended price”; or

(b)  by reason only of his or her having given notification in writing to the second person (not being a notification by way of a statement being applied as mentioned in paragraph (a)) of the price that he or she recommends as appropriate for the sale of those goods, provided that there is included in the notification, and in each writing that refers, whether expressly or by implication, to the notification, a statement to the following effect:

“The price set out or referred to herein is a recommended price only and there is no obligation to comply with the recommendation.”.

 

Legislative history

  • Amended by Competition Policy Reform Act 1995 (Act 88 of 1995) s 91

    This amendment made changes to the entire Act to insert feminine pronouns (this resulted in some change to the wording in s 97(b)):

    “Amendment of Trade Practices Act: insertion of feminine pronouns

    91. The Principal Act is amended so that:

    (a) every occurrence of "he" is followed once by "or she";

    (b) every occurrence of "him" is followed once by "or her";

    (c) every occurrence of "himself" is followed once by "or herself";

    (d) every occurrence of "his" is followed once by "or her".”

  • This provision was part of the original 1974 Act and has not been changed in any substantive way since.

Commentary

Resale price maintenance is prohibited by section 48.

See RPM page for further detail.

Last updated: 4 June 2026