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Ascertainment of retail prices of tobacco products.
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75.—(1) Subject to subsection (2), where a rate of tobacco products tax is related to the price at which a tobacco product is sold by retail, that price shall be taken for the purposes of this Chapter to be the price at which the product and any packaging and any article or token, accompanying the product, are sold by retail.
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(2) A manufacturer or importer of cigarettes shall make a declaration in writing to the Commissioners of the price at which such manufacturer or importer will recommend that such cigarettes are to be sold by retail in respect of each category of quantity that the cigarettes are packaged for retail sale, and the price so declared shall, for the purposes of this Chapter, be taken to be the price at which such cigarettes are sold by retail.
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(3) In the case of cigarettes to which subsection (2) relates but in relation to which a price does not stand declared for the time being in the manner specified in that subsection or a price so stands that is, in the opinion of the Commissioners, lower by an unreasonably large amount than the price at which cigarettes of a similar type and character are being sold at the time the tax is being charged on the cigarettes, the Commissioners may determine a price for the purposes of this Chapter and the price at which they are sold by retail shall be taken, for the purposes of this Chapter to be such price as stands so determined for the time being.
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(4) (a) A manufacturer or importer of tobacco products shall not recommend, expressly or by implication, that cigarettes the price of which stands declared, but not determined for the time being under subsection (3) be sold by retail at a price higher than that so standing.
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(b) A manufacturer or importer of tobacco products shall not recommend, expressly or by implication, that cigarettes the price of which stands determined for the time being under subsection (3) be sold by retail at a price higher than that so standing.
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