Section 97 — Competition and Consumer Act 2010 (Cth)

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.”.

Related sections

• s 95ZQ — Secrecy: persons involved in inquiries by bodies other than the Commission
• s 96 — Acts constituting engaging in resale price maintenance
• s 96A — Resale price maintenance in relation to services
• s 98 — Withholding the supply of goods
• s 99 — Statements as to the minimum price of goods
• s 100 — Evidentiary provisions

Research how courts apply s 97

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.