The decision of the Minister for Commerce and the Commerce Commission in controlling prices of goods and services under price control cannot be challenged under any circumstances.

The Commerce Commission Decree 2010 has been gazetted and signed by the President Ratu Epeli Nailatikau and states that its objectives is to promote the interest of the consumers , promote effective competition in industry, trade and commerce and ensure equitable returns for businesses with fair and reasonable prices charged to consumers.

Section five of the decree states that no court, tribunal, commission or any other adjudicating body shall have the jurisdiction to accept, hear, determine or in any other way entertain any challenges whatsoever, including any application for judicial review by any person or body or to award any compensation or grant any other remedy to any person or body in relation to the validity or legality or any action or decision of the Minister or the Commerce Commission.

Any pending challenges, appeals or applications seeking to challenge the validity of a price control order shall terminate with immediate effect.

The decree states that a person must not supply any controlled goods or services unless a price for those goods and services has been authorised by the Commission and any person who aids and abets another person to act in contravention of this section shall be guilty of an offence with a maximum fine of $50,000.

Suppliers of controlled goods and services are also required to keep proper costing records on the price controlled items for three years, failing which the supplier would be guilty of an offence and liable to a fine of $100,000.


Story by: Roneel Lal