Prevention of Excessive Prices Act 1983 (WA)

Western Australia Petroleum Products Pricing Act 1983 Western Australia Petroleum Products Pricing Act 1983 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 3. Definitions 2 4. Relationship to other Acts, etc. 5 Part II — Administration 5. Commissioner 6 6. Object and purposes 6 7. General administration, and the powers and duties of the Commissioner 7 8. Prices advisory committees 8 9. Terms of office of members of committees 10 Part III — Regulation of prices and rates Division 1 — Declaration of goods and services 10. Declaration of goods and services 12 11. Procedure when increase in price or rate of declared goods or declared service proposed 13 Division 2 — Determination of maximum prices and rates for goods and services 12. Determination of maximum prices and rates 14 13. Power of Minister to suspend order 18 Division 3 — Enforcement of maximum prices and rates 14. Offence to sell goods at price higher than maximum price or supply service at rate higher than maximum rate 18 15. Delivery of goods less in quantity than, or of inferior quality to, those sold 19 16. Alterations in mode of packing or recipe or formula 20 17. Price or rate of controlled goods or service to be specified separately 22 18. Power of Commissioner to prohibit certain transactions 22 19. Refusal to sell goods at fixed price 24 20. Refusal to supply service at fixed rate 26 21. Refusal to sell or supply unless other goods or services are also purchased 27 22. "Offer" includes notification of price or rate 27 Part IIIA — Special provisions about motor fuel Division 1 — Before retail sale 22A. Definitions 29 22B. Commissioner to be notified of proposed price changes 30 22E. Price to be compared to maximum price fixed 30 22F. Information that supplier is to provide 31 22G. Obligation to supply from declared terminal 32 Division 2 — Retail sale 22H. Terms used 33 22I. Regulations to require retailers to display prices 34 22J. Regulations requiring notification of, and restricting change of, price 35 Part IV — Obtaining information 23. Power of Commissioner to inquire, investigate, and obtain information 36 24. Sufficient notice to be given to enable questions, etc. to be answered 37 25. Failure to supply information 38 26. Obstructing Commissioner 39 27. Power of Commissioner to require returns 39 27A. Further powers of Commissioner to obtain information 41 27B. Publication by Commissioner of information 42 28. "Commissioner" includes other officers 42 Part V — Offences and penalties Division 1 — General provisions 29. Liability of officers etc., of body corporate 43 30. Court may order refund of amount paid in excess of maximum price or rate 43 31. Limitation period for prosecutions 44 Division 2 — Infringement notices 31A. Infringement notices 44 31B. Giving of notice 44 31C. Content of notice 45 31D. Extension of time 45 31E. Withdrawal of notice 45 31F. Benefit of paying modified penalty 46 31G. Application of penalties collected 46 31H. Appointment of authorised persons 46 Part VI — Miscellaneous 32. Application of orders and notices 48 32A. Delegation by Commissioner 48 32B. Protection from liability for wrongdoing 49 32C. Judicial notice 49 33. Secrecy 50 34. Regulations 50 Schedule 1 — Certain exclusions from definition of "petroleum product" Notes Compilation table 59 Other notes 61 Defined terms Western Australia Petroleum Products Pricing Act 1983 An Act with respect to the regulation of the prices or rates charged for petroleum products or certain services related thereto and for incidental and other purposes. [Long title amended: No. 72 of 1983 s. 15.] Part I — Preliminary 1. Short title This Act may be cited as the Petroleum Products Pricing Act 1983. [Section 1 amended: No. 72 of 1983 s. 6.] 2. Commencement The provisions of this Act shall come into operation on such day or days as is or are respectively fixed by proclamation. 3. Definitions (1) In this Act, unless the contrary intention appears — Commissioner means the person for the time being designated as the Commissioner under section 5; committee means prices advisory committee established under section 8; controlled petroleum product means petroleum product the price of which is for the time being regulated under an order; controlled petroleum service means petroleum service the rate for which is for the time being regulated under an order; declared petroleum product means petroleum product for the time being declared under section 10; declared petroleum service means petroleum service for the time being declared under section 10; Department means the department of the Public Service principally assisting in the administration of this Act; dispensing equipment has the meaning given by section 3 of the Petroleum Retailers Rights and Liabilities Act 1982; documents includes books, papers, forms and accounts and any other written records and any device by means of which information is recorded or stored; franchise agreement has the meaning given by section 3 of the Petroleum Retail Marketing Franchise Act 1980 4 of the Commonwealth; landed cost means actual cost of petroleum products landed in the store in this State of the person to or for whom or on whose behalf the petroleum products were originally supplied or ordered, or at such other point of delivery as is determined under subsection (3); LPG means liquefied petroleum gas; motor fuel means petrol, LPG, or diesel fuel intended for use in propelling motor vehicles; motor vehicle has the meaning given by the Road Traffic (Administration) Act 2008 section 4; order means order made under section 12; paragraph means paragraph of the section or subsection in which the term appears; Part means Part of this Act; petroleum means — (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; (b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or (c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium, and carbon dioxide; petroleum product means a product derived from petroleum, but not petroleum itself, except that it does not include — (a) a product listed in Schedule 1; or (b) a product that is excluded from this definition by an order under subsection (4), and it includes LPG (whether motor fuel or not, and whether or not the LPG is petroleum); petroleum service means service consisting of the provision for reward in accordance with a franchise agreement of any premises, being premises at which motor fuel is — (a) sold by retail to persons within the State; and (b) usually dispensed through dispensing equipment; price, in relation to any goods, or rate, in relation to any service, includes every valuable consideration, whether direct or indirect; and a reference to price includes a reference to rate; section means section of this Act; services means services (not being services provided by an employee, in his capacity as such, to his employer) provided by a person in the carrying on of an industrial, commercial, business, profit‑making or remunerative undertaking (including a professional practice), and includes the provision for reward of lodging or of residential, industrial or commercial accommodation; subsection means subsection of the section in which the term appears. (2) Expressions used in an order or notice or in any other instrument made, given or issued under this Act shall, unless the contrary intention appears, have the same respective meanings as in this Act. (3) The Commissioner may from time to time determine a point of delivery for the purpose of the definition of "landed cost" in subsection (1), and may revoke such a determination. (4) The Minister may, by an order published in the Gazette, exclude a product derived from petroleum but not listed in Schedule 1 from the definition of "petroleum product" in subsection (1), and may subsequently amend or revoke the order by another order published in the Gazette. [Section 3 amended: No. 72 of 1983 s. 7 and 15; No. 73 of 2000 s. 3; No. 28 of 2006 s. 114; No. 8 of 2012 s. 159.] 4. Relationship to other Acts, etc. (1) Notwithstanding that by any other Act or law a person or authority is empowered to fix prices or rates in relation to petroleum products or petroleum services, where the provisions of any order are inconsistent with any of the provisions of any other such Act or law, or of any regulation, local law, by‑law, rule or other instrument made thereunder, the provisions of the order prevail. (2) In the exercise of his powers under this Act, the Commissioner shall have regard to any determination made in relation to the price or rate applicable to any petroleum products or petroleum services under any other Act or law, but is not required to give effect to any such determination. (3) Regulations made under and for the purpose of this Act may make provision — (a) for the furnishing of information or documents obtained, and the employment of officers engaged, for the purposes of any other Act or law; (b) for the implementation of the objects of this Act on behalf of and under the direction of the Commissioner by a person or authority empowered to fix prices or rates under any other Act or law; and (c) that prices or rates determined under any other Act or law shall continue to have effect as though they had been fixed under an order, and that a contravention of the terms of the determination may be penalized in accordance with those regulations, notwithstanding the provisions of that other Act or law. [Section 4 amended: No. 72 of 1983 s. 15; No. 14 of 1996 s. 4; No. 73 of 2000 s. 13.] Part II — Administration 5. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act and the Petroleum Retailers Rights and Liabilities Act 1982. (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette. (3) In this section — executive officer has the meaning given by section 3(1) of the Public Sector Management Act 1994. [Section 5 inserted: No. 28 of 2006 s. 115.] 6. Object and purposes (1) The objects of this Act are to make provision by way of inquiry, investigation, price or rate fixing and enforcement procedures for the purpose of preventing — (a) excessive prices being charged for the sale of petroleum products, whether in relation to wholesale or retail trading; or (b) excessive rates being charged for the supply of petroleum services, to provide for the transparency of pricing of petroleum products, and to make additional provisions about motor fuel prices. (2) Without limiting the generality of subsection (1), the Minister, the Commissioner and officers concerned with the administration of this Act shall give particular attention to those petroleum products or petroleum services which may be essential to the welfare of the community. [Section 6 amended: No. 72 of 1983 s. 15; No. 73 of 2000 s. 4.] 7. General administration, and the powers and duties of the Commissioner (1) The functions of the Commissioner are — (a) to advise the Minister as to the administration of this Act and the Petroleum Retailers Rights and Liabilities Act 1982, generally and in relation to particular matters; and (b) to administer this Act and the Petroleum Retailers Rights and Liabilities Act 1982 and to investigate and prosecute contraventions. (2) Other than in relation to the power of the Commissioner to fix maximum prices or maximum rates pursuant to section 12, the Minister may, from time to time and either generally or with respect to a particular matter, give directions to the Commissioner with respect to his functions, or as to the exercise of his powers or the carrying out of his duties, and the Commissioner shall give effect to those directions. (3) The Commissioner shall — (a) monitor and keep under continuous review the prices and rates applicable in the State to petroleum products and petroleum services generally; and (b) keep the Minister fully informed, and when required report to him, concerning movements in those prices and rates. (4) For the purposes of this Act and the Petroleum Retailers Rights and Liabilities Act 1982, the Commissioner — (a) shall make such inquiries or investigations, or seek such advice, as he considers necessary; (b) may cause notice of his intention to inquire into or investigate any matter to be published in a newspaper circulating throughout the State for the purpose of enabling persons and bodies to submit to him representations concerning that matter; (c) may take into account any representations, whether oral or documentary, made to him by persons who, in his opinion, have a substantial interest in a matter relating to the price of any petroleum products or the rate of any petroleum service or by any body which, in his opinion, represents a substantial number of persons who have such an interest; (d) may, in respect of any investigation, determine the extent, if any, to which — (i) he will hold proceedings in public; and (ii) persons interested or claiming to be interested in a matter are to be allowed to be present or to be heard, either by themselves or by their representatives, or to cross‑examine witnesses or otherwise participate in the consideration of that matter; and (e) may, unless otherwise directed by the Minister, determine the procedure to be used in relation to any investigation. [Section 7 amended: No. 72 of 1983 s. 8 and 15; No. 98 of 1985 s. 3; No. 73 of 2000 s. 5; No. 28 of 2006 s. 116.] 8. Prices advisory committees (1) The Minister may appoint one or more prices advisory committees to advise — (a) whether or not particular petroleum products or petroleum services should be declared under section 10; or (b) whether or not maximum prices or rates in relation to particular declared petroleum products or declared petroleum services should be fixed under section 12 or continue in force, and a committee so appointed shall make recommendations upon those matters and such other matters as are referred to the committee by the Minister or the Commissioner. (2) The Minister or the Commissioner may give directions to a committee as to the nature and extent of its terms of reference. (3) The membership of a committee comprises — (a) a chairman; (b) not more than 3 trade representatives and an equal number of consumer representatives; and (c) such other persons, if any, as the Minister determines, appointed in writing by the Minister. (4) A meeting of a committee shall not be held or continued unless the chairman of the committee and not less than — (a) one trade representative; and (b) one consumer representative, thereof are present, but otherwise any matter before a committee may be determined by majority vote of the members present and voting. (5) The chairman of a committee does not have a deliberative vote on any matter before a meeting, but, when the votes for and against the matter are equal, the chairman may — (a) exercise a casting vote and decide that matter; or (b) adjourn that matter for consideration by a subsequent meeting of the committee. (6) A committee — (a) shall hold meetings at such times and places, and on such terms of reference, as the Minister or the Commissioner directs; (b) may adjourn and reconvene such meetings as may be necessary; and (c) otherwise, subject to this section, may regulate its own proceedings. (7) In this section — consumer representative means a person appointed to a committee to represent consumers of petroleum products or users of petroleum services; trade representative means a person appointed to a committee to represent sellers of petroleum products or suppliers of petroleum services, being a person who is or has been engaged in the business of manufacturing or selling petroleum products or of supplying petroleum services, as the case requires. [Section 8 amended: No. 72 of 1983 s. 15.] 9. Terms of office of members of committees (1) A member of a committee shall, subject to this section, hold office for such period not exceeding 3 years as is specified in the instrument of his appointment, but is eligible for re‑appointment. (2) If a member of a committee — (a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (b) dies or otherwise becomes permanently incapable of performing his duties as such a member; or (c) resigns his office by writing under his hand addressed to the Minister; or (d) absents himself, except on leave duly granted by the Minister, from 3 consecutive meetings of the committee (for which purpose where a meeting has been adjourned and reconvened each part of that meeting shall be taken to constitute a separate meeting) of which he has had notice, the office of that member becomes vacant. (3) The Minister may grant leave of absence to a member of a committee on such terms and conditions as the Minister determines. (4) The members of a committee may be paid such remuneration and allowances as the Minister determines. [Section 9 amended: No. 18 of 2009 s. 66.] Part III — Regulation of prices and rates Division 1 — Declaration of goods and services 10. Declaration of goods and services (1) The Minister may by notice published in the Gazette declare — (a) any petroleum products to be declared petroleum products; or (b) any petroleum service to be declared petroleum service, for the purposes of this Act, and for so long as the notice remains in force an order under section 12 may be made in relation to petroleum products or petroleum services of that kind. (2) A notice under this section — (a) may, by notice published in the Gazette, be amended, varied or revoked by the Minister; and (b) takes effect on the day of its publication in the Gazette or on such later day, or at such time on such later day, as is specified in the notice. (3) Without limiting the generality of subsection (1), the Minister may declare petroleum products or petroleum services — (a) by reference to differences in the quantity, quality, volume or description of the petroleum products sold or the petroleum services supplied, or to different forms, modes, stages, conditions, terms or localities of trade, commerce, sale or supply; (b) in relation to the whole or any part of the State; or (c) on or subject to any condition or circumstance. (4) A notice under this section may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the declaration to which the notice relates. [Section 10 amended: No. 72 of 1983 s. 9 and 15.] 11. Procedure when increase in price or rate of declared goods or declared service proposed (1) A notice under section 10 may require that — (a) any person generally; (b) any person included in a class of persons; (c) any person to whom a notice is given in pursuance of the declaration; or (d) any particular person, being a person who is a manufacturer or seller of declared petroleum products or a supplier of a declared petroleum service, notify, not less than 14 working days prior to the day on which that proposed increase is to take effect, the Commissioner in writing of any proposed increase in the price of those declared petroleum products or in the rate for that declared petroleum service to which that person proposes to give effect, and a person shall not refuse or fail to comply with that requirement. Penalty: $20 000. (2) A person to whom subsection (1) applies shall submit with the notification to be made by him under that subsection a document setting out to the best of his knowledge and ability — (a) the cost to the manufacturer, seller or supplier of the declared petroleum products or declared petroleum service concerned; (b) the methods and principles in accordance with which the manufacturer, seller or supplier referred to in paragraph (a) has arrived at that cost and at the proposed increase in the price of the petroleum products or the rate of the declared petroleum service concerned; (c) in the case of a manufacturer or seller of petroleum products, the price at which, and the conditions on which, he has sold, sells or proposes to sell the declared petroleum products concerned; (d) in the case of a supplier of petroleum services, the rate at which, and the conditions on which, he has supplied, supplies or proposes to supply, the declared petroleum service; and (e) such other particulars as are prescribed or are required by a notice given under subsection (1)(c). (3) In subsection (1) — working day means day which is not — (a) a Sunday or a Saturday; or (b) a bank holiday or public holiday within the meaning of the Public and Bank Holidays Act 1972. [Section 11 amended: No. 72 of 1983 s. 10 and 15; No. 73 of 2000 s. 14(1); No. 11 of 2001 s. 21(1).] Division 2 — Determination of maximum prices and rates for goods and services 12. Determination of maximum prices and rates (1) Subject to subsection (5), the Commissioner may, with respect to any declared petroleum products or declared petroleum service, by order published in the Gazette fix — (a) the maximum price at which any declared petroleum products may be sold; or (b) the maximum rate at which any declared petroleum service may be supplied, either generally throughout the State or in any specified part of the State. (2) Without limiting the generality of subsection (1), the Commissioner may fix maximum prices or maximum rates — (a) differentially, according to differences in the quantity, quality, volume or description of the petroleum products sold or the petroleum services supplied, or by reference to different forms, modes, stages, conditions, terms or localities of trade, commerce, sale or supply; (b) for the whole or different parts of the State and differentially for different parts of the State; (c) on a sliding scale; (d) on and subject to any condition or circumstance; (e) for cash, delivery or otherwise, or on terms, and in any such case inclusive or exclusive of the cost of packing or delivery; (f) on landed cost, or other cost, together with a percentage thereon, or a specified amount, or both; (g) according to, or on, any principle or method of calculation specified by the Commissioner; (h) relative to such standards of measurement, weight, capacity or otherwise as he thinks proper, or relative to prices or rates charged by individual traders or suppliers on any date specified by the Commissioner, with such variations (if any) as in the special circumstances of the case the Commissioner thinks fit, or so that such prices or rates shall vary in accordance with a standard, or time or other circumstance, or shall vary with profits or wages, or with such costs as are determined by the Commissioner. (2a) An order fixing a maximum price for the sale of motor fuel may apply to a particular terminal, as defined in Part IIIA. (3) An order may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of that order. (4) An order — (a) may, by an order published in the Gazette, be amended, varied or revoked by the Commissioner; and (b) takes effect — (i) on the day of its publication in the Gazette; or (ii) subject to subsection (4a), on such day, or at such time on such day, as is specified in the order. (4a) For the purposes of subsection (4)(b)(ii), there shall not be specified in an order a day earlier than the day of the publication of the order in the Gazette unless — (a) the order amends or varies another order, which other order fixes the maximum price at which a declared petroleum product may be sold, by increasing that maximum price; and (b) the sole reason for seeking to increase the maximum price referred to in paragraph (a) is the increase in cost occasioned to the manufacturer or seller of the declared petroleum product referred to in that paragraph by the imposition by or under a law of the State or of the Commonwealth of a fee, levy, duty, tax or other impost (in this subsection called the new impost) on or in relation to or by reference to that declared petroleum product or an increase in the rate of a fee, levy, duty, tax or other impost (in this subsection called the impost rate) so imposed on or in relation to or by reference to that declared petroleum product, in which case there may be specified in the order a day which is earlier than the day of that publication, but which is not earlier than the day on which the new impost was imposed or the impost rate was increased, as the case requires. (5) The Commissioner shall, before causing an order to be published in the Gazette, serve a draft of the proposed order on the Minister, and shall not cause the proposed order to be so published — (a) unless the Minister has within 7 days of the receipt of the draft of the proposed order informed the Commissioner that he does not propose to give to the Commissioner a direction to refrain from publishing the order; or (b) if the Minister, in the public interest, has within 7 days of the receipt of the draft of the proposed order directed the Commissioner to refrain from publishing the order, and the Minister shall cause any direction given under paragraph (b) to be published in the Gazette. (6) The powers of the Commissioner of or in relation to fixing — (a) the maximum price at which any declared petroleum products may be sold; and (b) the maximum rate at which any declared petroleum service may be supplied, shall extend to and in relation to the fixing of the maximum remuneration for the sale of any declared petroleum products and the supply of any declared petroleum service for an undivided remuneration, and a transaction in respect of which a maximum remuneration has been so fixed is deemed to be the supply of a controlled petroleum service at a rate equal to the undivided remuneration charged. (7) For the purposes of this Act, and of any order, unless the contrary intention appears — (a) the sale of any petroleum products shall be deemed to include the supply in connection with that sale (whether or not for a separate remuneration) of any service customarily supplied by vendors in connection with such a sale without any separate remuneration; (b) the supply of any petroleum service shall be deemed to include the sale or supply in connection with the petroleum service (whether or not for a separate price or remuneration) of any goods customarily sold or supplied by persons supplying such a petroleum service without any separate price or remuneration; and (c) a maximum price fixed includes the cost of the wrapping or packaging of the petroleum products to which the price applies. [Section 12 amended: No. 72 of 1983 s. 11 and 15; No. 73 of 2000 s. 6.] 13. Power of Minister to suspend order (1) The Minister may request the Commissioner to consider further any matter dealt with by any order or any part of an order and may, by notice published in the Gazette — (a) suspend the operation of an order or any part of an order for such period after the publication of the notice as is specified therein; (b) extend the period for which the operation of an order or part of an order is suspended under this subsection; or (c) terminate the suspension under this subsection of an order or part of an order. (2) During the period for which the operation of an order or part of an order is suspended by notice published under subsection (1), the maximum price or rate (if any) that prevailed immediately before the coming into operation of that order or part of an order applies. Division 3 — Enforcement of maximum prices and rates 14. Offence to sell goods at price higher than maximum price or supply service at rate higher than maximum rate (1) A person shall not sell or offer for sale any controlled petroleum products or supply or offer to supply any controlled petroleum service at a greater price or rate than the maximum price or maximum rate fixed under this Act for the sale of those petroleum products or the supply of that petroleum service. Penalty: $20 000. (2) Where an order fixing a maximum price or maximum rate for any goods or service takes effect a person shall not, without the prior authorisation of the Commissioner, sell or offer for sale any of those controlled goods, or supply or offer to supply that controlled service, on terms or conditions different from those on which substantially identical goods or services were sold or supplied by him immediately prior to the order taking effect, if that sale or offer for sale or supply or offer to supply on those terms and conditions would result directly or indirectly — (a) in a greater price or rate than the maximum price or rate fixed under this Act in relation thereto being obtained; or (b) in any other manner to the advantage of that person. Penalty: $20 000. (3) For the purposes of this section, a person on whose behalf, or at whose place of business, any controlled goods are sold or offered for sale, or any controlled service is supplied or offered, at a greater price or rate than the maximum price or rate fixed under this Act for the sale of those goods or the supply of that service, whether the goods are sold or offered for sale or the service is supplied or offered contrary to the instructions of that person or not, shall be deemed to have contravened the provisions of this section, unless the court is satisfied that the sale, supply, or offering took place without his knowledge and that he has exercised all reasonable diligence to secure compliance with this Act. [Section 14 amended: No. 72 of 1983 s. 15; No. 73 of 2000 s. 14(1); No. 11 of 2001 s. 21(1).] 15. Delivery of goods less in quantity than, or of inferior quality to, those sold A person shall not, in relation to an agreement for the sale of any controlled petroleum products, deliver or offer to deliver — (a) a quantity of petroleum products less than the quantity purported to be sold; or (b) goods inferior in quality to the petroleum products purported to be sold, unless he shows that he did not so deliver or offer to deliver with intent to evade any other provision of this Act. Penalty: $20 000. [Section 15 amended: No. 72 of 1983 s. 15; No. 73 of 2000 s. 14(1); No. 11 of 2001 s. 21(1).] 16. Alterations in mode of packing or recipe or formula (1) A person shall not without the consent in writing of the Commissioner — (a) pack or put up for sale any controlled petroleum products in a container or quantity smaller than the container or quantity ordinarily offered for sale in relation to those petroleum products immediately before the date of fixation; (b) pack or put up for sale in a container a quantity of controlled petroleum products smaller than the quantity of those petroleum products ordinarily packed or put up for sale in a container of that size immediately before the date of fixation; (c) alter the formula ordinarily used by him or a predecessor in business on or immediately before the date of fixation in the manufacture or production of any controlled petroleum products; or (d) as regards any particular controlled petroleum products manufacture those petroleum products in a quality inferior to the quality manufactured by him or a predecessor in business on or immediately before the date of fixation. Penalty: $20 000. (2) For the purposes of this section, proof that immediately before the date of fixation a person dealing in the ordinary course of trade in any controlled petroleum products in respect of which any proceedings have been instituted — (a) sold or had for sale petroleum products of that description purporting to have been packed or put up for sale by the accused or a predecessor in business of the accused in a particular quantity, that particular quantity shall, unless the contrary is shown, be presumed to be the quantity ordinarily offered for sale by the accused immediately before the date of fixation; and (b) sold or had for sale any petroleum products (purporting to have been manufactured or produced by the accused) that appear by analysis or otherwise to have been manufactured or produced in accordance with a particular formula, that particular formula shall, unless the contrary is shown, be presumed to be the formula that was ordinarily used by the accused immediately before the date of fixation in the manufacture or production of those petroleum products. (3) It is a defence to any proceedings in respect of an offence against subsection (1)(c) if the accused proves that — (a) the alteration in the formula con