Property management reforms – CBS News

The South Australian Government will introduce property management registration.

An employee of a registered land agent performing residential or commercial property management will be required to be registered as a property manager.

The Land Agents (Registration of Property Managers and Other Matters) Amendment Bill 2017 was passed by the South Australian Parliament on 28 September 2017.

Future consultation

  • Qualifications for the new property manager registration will be finalised in the later stages of these reforms.
  • Further consideration will be given to the proposed Code of Conduct announced by the State Government, in consultation with industry.
  • A transitional period will be provided to ensure industry participants have sufficient time to comply with any new requirements.

Previous updates on property manager reforms

February 2017 update (PDF 109KB)

Media releases

Dodgy residential property managers on notice

Clock ticking on dodgy property managers


New requirements for registering a change of sex or gender identity – CBS news

From 23 May 2017, new requirements for registering a change of sex or gender identity come into effect.

These changes mean that:

  • You can apply if your birth is registered in South Australia or overseas and you have undergone a clinical treatment provided by either an Australian registered medical practitioner or psychologist.
  • The options for sex or gender identities you can seek to have registered are ‘male’, ‘female’, ‘non-binary’ and ‘indeterminate/intersex/unspecified’. For parents whose newborn is of an indeterminate sex, this also means they will no longer have to choose ‘male’ or ‘female’ on their child’s birth certificate.
  • Clinical treatment need not involve invasive medical treatment. If you have clinical treatment made up of counselling only, you must have at least three separate counselling sessions totalling 135 minutes or the sessions must have occurred over a period of at least six months.
  • You can change your sex or gender identity once in a 12 month period and three times in your lifetime – exceptions may apply in extenuating circumstance

How these changes apply to:

  • People aged over 18 – you will no longer need to apply to the court to change your sex or gender identity.
  • People born interstate – you will need to apply to the Australian state or territory where your birth is registered.
  • People born overseas – before you can apply to change your sex or gender identity, you will need to have resided in South Australia for at least 12 consecutive months. You will be issued with an ‘Identity Acknowledgement Certificate’ if your application is approved
  • Children younger than 18 years of age – the child or a parent/guardian can apply. Your application must be approved by the Court. You must lodge your application with Births, Deaths and Marriages complete with supporting documentation and a signed medical practitioner or psychologist declaration prior to applying to the Court for a court order. Once your application form has been checked by Births, Deaths and Marriages and returned to you, it should then be presented to the Court at the time of applying for a court order.

For information about what identification is required to prove your identity and residency or for more information if you have already changed your sex or gender identity interstate, please refer to the application form.

Find out more at sa.gov.au/bdm or by contacting 131 882.


Conciliation agreements – enforced by CBS

Compulsory conciliation conferences have proven to be a successful process to solve disputes between unhappy consumers and businesses for some time. More often than not, an agreement between both parties is entered into at the end of a conference. A great result for everyone involved.

Occasionally, the business may fail to make good on all actions in the agreement. If this occurs, consumers are given the opportunity to contact CBS to help enforce the agreement. We will then apply to the magistrates court to have the make the agreement legally enforceable via a court order. This process is at no cost to the consumer.

 


Waimea Pty Ltd – undertaking

 UNDERTAKING

Australian Consumer Law (SA)

Section 218

Undertaking to the Commissioner for Consumer Affairs given for the purposes of Section 218 of the Australian Consumer Law (SA) by:

Waimea Pty Ltd, ACN 008 091 870, trading as Cheap as Chips

 1. PERSONS GIVING THIS UNDERTAKING

1.1 This Undertaking is given to the Commissioner for Consumer Affairs by Waimea Pty Ltd, in the State of South Australia for the purposes of section 218 of the Australian Consumer Law (SA) (‘the ACL’), which is adopted by the Fair Trading Act 1987.

2. BACKGROUND

2.1 Shane Radbone, Richard Facioni, Neil Plummer, Thomas Krulis and Gary Levin are current directors of the company Waimea Pty Ltd, trading as Cheap as Chips, ACN 008 091 870.

2.2 Shane Radbone, Richard Facioni, Neil Plummer, Thomas Krulis and Gary Levin are also directors of Palcove Pty Ltd, previously trading as Cheap as Chips, ACN 055 118 404.

2.3 Cheap as Chips supply a variety of discount goods, including a variety of cosmetic products.

2.4 Prior to the conduct of concern Consumer and Business Services (‘CBS’) had identified a number of potential breaches that had been dealt with administratively by way of warning and expiation and through removal of the relevant products.

3. CONDUCT OF CONCERN

3.1 On 21 April 2016, Compliance and Investigations Officers from CBS attended Cheap as Chips located at Shop 5, 130 Valetta Road, Fulham Gardens, South Australia, where they inspected 17 cosmetic products available for supply that were not labelled with their ingredients, namely:

3.1.1 Rimmel London Stay Glossy lip gloss, item code AA12107;

3.1.2 Loreal Hip Color presso lip gloss, item code AA10098;

3.1.3 Maybelline Shine Sensational lip gloss, item code AA10099;

3.1.4 Revlon Just Bitten Lip Stain + Balm, item code AA10097;

3.1.5 Rimmel London Spark it Up eye liner, item code AA12107;

3.1.6 Maybelline Cool Effect eye shadow/liner, item code AA10099;

3.1.7 Revlon Photoready Kajal eye liner + brightener, no barcode or item code attached;

3.1.8 Loreal Hip Kohl Eyeliner, item code AA10098;

3.1.9 Loreal Wear Infinite eyeshadow, item code AA10098;

3.1.10 BMC Accessories Professional Hair Chalk – 6 colours, no item code or barcode on product;

3.1.11 Rimmel London Glam Eyes Quad Eye Shadow, item code AA12935;

3.1.12 Rimmel London Glam Eyes HD Quad Eye Shadow, item code AA13156;

3.1.13 Allora Lip Gloss, item code AA11976;

3.1.14 BYS Bubble Balm, item code AA13042;

3.1.15 Loreal nail polish, item code AA10098;

3.1.16 Rimmel London lasting finish pro nail polish, item code AA12712; and

3.1.17 Maybelline Color Show nail polish, item code AA12711.

3.2 The products listed in 3.1.1-3.1.17 are classified as cosmetic products as defined in the applicable mandatory information standard for cosmetic products, Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991.

3.3 The products listed in 3.1.1-3.1.17 do not show their ingredients as is required in Section 5 of the applicable mandatory information standard for cosmetic products.

4. RELEVANT PROVISIONS

4.1 Section 106 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, consumer goods of a particular kind if a safety standard for goods of that kind is in force, and the goods do not comply with the standard.

4.2 Section 118 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, consumer goods of a particular kind if an interim ban on consumer goods of that kind is in force in the place where the supply occurs, or a permanent ban on consumer goods of that kind is in force.

4.3 Section 136 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, goods of a particular kind if an information standard for goods of that kind is in force, and the person has not complied with that standard.

4.4 The Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991 is the applicable mandatory information standard for cosmetic products.

4.5 Section 3 of the mandatory information standard states that cosmetic products are substances or preparations intended for placement in contact with any external part of the body for the purpose of altering the odours of the body, changing the appearance of the body, cleansing the body, maintaining the body in good condition, perfuming the body, and protecting the body.

4.6 Section 5 of the mandatory information standard states that the ingredients in a cosmetic product must be listed on the container or, if the product is not packed in a container, on the product. If the product’s size, shape or nature prevents the ingredients from being listed on the product or its container, the ingredients must be shown in another way that ensures that a consumer can be informed about the ingredients in the product.

4.7 Section 6 of the mandatory information standard states that the list of ingredients must be prominently shown, clearly legible, and in English.

4.8 The products purchased from Cheap as Chips and listed in 3.1.1-3.1.17, are captured by the definition of a cosmetic product. The ingredients were not displayed on the products, on their packaging or in any other way visible to CBS Officers.

 5. COMMENCEMENT OF UNDERTAKING

5.1 This Undertaking comes into effect when:

5.1.1 the Undertaking is executed by Waimea Pty Ltd; and

5.1.2 the Commissioner for Consumer Affairs accepts the Undertaking so executed.

6. UNDERTAKING BY WAIMEA PTY LTD FOR THE PURPOSES OF SECTION 218 OF THE ACL

6.1 In response to the concerns raised by CBS on behalf of the Commissioner for Consumer Affairs, Waimea Pty Ltd hereby provides an undertaking to the Commissioner that:

6.1.1 Waimea Pty Ltd will not breach the product safety provisions contained within the ACL.

6.1.2 Waimea Pty Ltd will not supply goods that do not comply with an applicable safety or information standard, in accordance with the requirements of the ACL.

6.1.3 Waimea Pty Ltd will not supply goods that are covered by an interim or permanent ban in accordance with the requirements of the ACL.

6.1.4 Waimea Pty Ltd will implement a written product safety compliance program to ensure that:

6.1.4.1 new stock does not get offered or otherwise advertised for sale until Waimea Pty Ltd is satisfied that it is not in breach of safety standards, information standards, or bans under the ACL;

6.1.4.2 current stock is regularly audited to ensure that it is not in breach of safety standards, information standards, or bans under the ACL;

6.1.4.3 Waimea Pty Ltd will nominate a person responsible for the implementation and maintenance of the product safety compliance program;

6.1.4.4 Waimea Pty Ltd will implement and conduct training for relevant staff within four months of signing this Undertaking, and then annually, to ensure that the product safety compliance program is understood and applied; and

6.1.4.5 Waimea Pty Ltd will maintain a register of staff signatures to confirm that they have undertaken the training mentioned in 6.1.4.4 and Waimea Pty Ltd will provide this to CBS within one month after the initial training has been completed.

 7. ACKNOWLEDGEMENTS

Waimea Pty Ltd acknowledges that:

7.1 CBS will make this undertaking publicly available including by publishing it on CBS’ public register of Undertakings on its website;

7.2 The Australian Competition and Consumer Commission (‘ACCC’) may make this undertaking publicly available by publishing it on the ACCC website and the ACCC Product Safety Australia website;

7.3 CBS may, from time to time, make public reference to the undertaking including in news media statements and in CBS publications;

7.4 This undertaking in no way detracts from the rights and remedies available to any other person arising from the alleged conduct; and

7.5 This undertaking may be produced to any Court in respect of any proceedings alleging any future contraventions of the ACL.

Signed public undertaking (PDF 238KB)


Sunil and Rani SURI (trading as All in One Discount Store) – undertaking

UNDERTAKING

Australian Consumer Law (SA)

Section 218

Undertaking to the Commissioner for Consumer Affairs given for the purposes of Section 218 of the Australian Consumer Law (SA) by:

Sunil SURI and Rani SURI:

  • trading as All in One Discount Store;
  • Australian Business Register trading name ‘All in One’, ABN 90 145 279 005;
  • Australian Securities and Investments Commission registered business name ‘All in One Bargain Store’;

herein after referred to as ‘All in One Discount Store’.

 1. PERSONS GIVING THIS UNDERTAKING

1.1 This Undertaking is given to the Commissioner for Consumer Affairs by Sunil SURI and Rani SURI of (…) in the State of South Australia for the purposes of section 218 of the Australian Consumer Law (SA) (‘the ACL’), which is adopted by the Fair Trading Act 1987.

2.BACKGROUND

2.1 Sunil Suri and Rani Suri are trading as All in One Discount Store, ABN 90 145 279 005.

2.2 Sunil Suri and Rani Suri trade through two stores, one located within the Marden Shopping Centre, cnr Lower Portrush Road and Payneham Road, Marden, South Australia, and the other at 430 Brighton Road, Brighton, South Australia.

2.3 The businesses supply a range of household consumer goods, including a variety of children’s toys and aquatic products.

 2.4 Prior to the conduct of concern Consumer and Business Services (‘CBS’) had identified a prior potential breach that was dealt with administratively by way of warning and through removal of the relevant product.

3. CONDUCT OF CONCERN

3.1 On 7 October 2015, Compliance and Investigations Officers from Consumer and Business Services (‘CBS’) attended All in One Discount Store, located in the Marden Shopping Centre, Marden, South Australia, where they located a Love & Learn Infant Gift Set.

3.2 The Love & Learn Infant Gift Set is captured by the applicable mandatory safety standard toys for children up to and including 36 months of age.

3.3 The Love & Learn Infant Gift Set was subjected to indicative testing by Compliance and Investigations Officers in accordance with the applicable mandatory safety standard, which it failed.

3.4 On 16 February 2016, Compliance and Investigations Officers from CBS attended All in One Discount Store, located at 430 Brighton Road, Brighton, South Australia, where they located a Bestway Splash and Play Baby Pool in breach of the applicable safety standard under the ACL.

4. RELEVANT PROVISIONS

4.1 Section 106 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, consumer goods of a particular kind if a safety standard for goods of that kind is in force, and the goods do not comply with that standard.

4.2 Section 118 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, consumer goods of a particular kind if an interim ban on consumer goods of that kind is in force in the place where the supply occurs, or a permanent ban on consumer goods of that kind is in force.

4.3 Section 136 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, goods of a particular kind if an information standard for goods of that kind is in force, and the person has not complied with that standard.

4.4 The Consumer Protection Notice No. 14 of 2003 – Consumer Product Safety Standard: Toys for children up to and including 36 months of age is the applicable mandatory safety standard for children’s toys.

4.4.1 The mandatory safety standard is based on Australian Standard AS/NZS ISO 8124.1:2002 Safety of Toys, Part 1: Safety aspects related to mechanical and physical properties. AS/NZS ISO 8124.1:2002 is a voluntary standard except for those sections specifically called into the mandatory standard.

4.4.2 In the Schedule of the mandatory safety standard for toys it states “…toys for children up to and including 36 months of age, being objects manufactured, designed, labelled or marketed as playthings, including, but not limited to:

(a) rattles, toy dummies, teethers and squeeze toys;…”

4.4.3 Section 5.2 of AS/NZS ISO 8124.1:2002 sets a minimum required size for toys, or any removable component, or liberated component of a toy.

4.4.4 Section 5.24.2 of AS/NZS ISO 8124.1:2002 sets test specifications by way of a drop test that should not liberate parts that are less than the minimum size set in Section 5.2.

4.4.5 The Love & Learn Infant Gift Set is a three piece rattle set, and is captured by the mandatory safety standard for toys.

4.4.6 The Love & Learn Infant Gift Set was subjected to indicative testing by Compliance and Investigations Officers in accordance with 5.24.2 of AS/NZS ISO 8124.1:2002, which it failed.

4.4.7 In communication with Aman Suri, on behalf of Sunil Suri and Rani Suri, he advised that evidence was not able to be provided to confirm that the Love & Learn Infant Gift Set had been tested and meets the mandatory safety standard for toys.

4.5 The Consumer Goods (Portable Swimming Pools) Safety Standard 2013 is the applicable mandatory safety standard for portable swimming pools.

4.5.1 Section 5 of the mandatory safety standard for portable pools defines a portable swimming pool as “…a swimming pool that is:

(a) intended for personal, domestic or household use: and

(b)one of the following:

(i)an inflatable swimming pool, of any depth;

(ii) a soft-sided swimming pool, of any depth;

(iii) a rigid-sided swimming pool that is not deeper than 300mm.

4.5.2 Section 6 of the mandatory safety standard for portable pools requires portable pools to display a permanent warning message and sets the wording, placement and sizing of the warning message.

4.5.3 Section 7 of the mandatory safety standard for portable pools requires the retail packaging of portable pools to display a permanent waning message and sets out the wording, sizing and requires the placement of the warning message to be on the front of the retail packaging.

4.5.4 Section 8 of the mandatory safety standard for portable pools requires a portable swimming pool to display a certain safety sign.

4.5.5 The Bestway Splash and Play Baby Pool is captured by the definition of a portable swimming pool. The Bestway Splash and Play Baby Pool did not display the warnings as required by Section 6, 7 and 8 of the mandatory safety standard for portable pools.

 5. COMMENCEMENT OF UNDERTAKING

5.1 This Undertaking comes into effect when:

5.1.1 the Undertaking is executed by Sunil Suri and Rani Suri; and

5.1.2 the Commissioner for Consumer Affairs accepts the Undertaking so executed.

6. UNDERTAKING BY SUNIL SURI AND RANI SURI FOR THE PURPOSES OF SECTION 218 OF THE ACL

6.1 In response to the concerns raised by CBS on behalf of the Commissioner for Consumer Affairs, we Sunil Suri and Rani Suri hereby provide an undertaking to the Commissioner that:

6.1.1 We will not breach the product safety provisions contained within the ACL.

6.1.2 We will not supply goods that do not comply with an applicable safety or information standard, in accordance with the requirements of the ACL.

6.1.3 We will not supply goods that are covered by an interim or permanent ban in accordance with the requirements of the ACL.

6.1.4 We will implement a written product safety compliance program to ensure that:

6.1.4.1 new stock does not get offered or otherwise advertised for sale until we are satisfied that it is not in breach of safety standards, information standards, or bans under the ACL;

6.1.4.2 current stock is regularly audited to ensure that it is not in breach of safety standards, information standards, or bans under the ACL;

6.1.4.3 we will nominate a person responsible for the implementation and maintenance of the product safety compliance program;

6.1.4.4 we will implement and conduct training for relevant staff within three (3) months of signing this Undertaking, and then annually, to ensure that the product safety compliance program is understood and obeyed; and

6.1.4.5 we will maintain a register of staff signatures to confirm that they have undertaken the training mentioned in 6.1.4.4. and I will provide this to CBS within one month after the initial training has been completed.

 7. ACKNOWLEDGEMENTS

We, Sunil Suri and Rani Suri, acknowledge that:

7.1 CBS will make this undertaking publicly available including by publishing it on CBS’ public register of Undertakings on its website;

7.2 The Australian Competition and Consumer Commission (‘ACCC’) may make this undertaking publicly available by publishing it on the ACCC website and the ACCC Product Safety Australia website;

7.3 CBS will, from time to time, make public reference to the undertaking including in news media statements and in CBS publications;

7.4 This undertaking in no way detracts from the rights and remedies available to any other person arising from the alleged conduct; and

7.5 This undertaking may be produced to any Court in respect of any proceedings alleging any future contraventions of the ACL.

Signed public undertaking (PDF 324KB)


Chuan Jiang (trading as Kawaii $2.80 / Everything Elizabeth / Kawaii Fashion)- undertaking

 UNDERTAKING

Australian Consumer Law (SA)

Section 218

Undertaking to the Commissioner for Consumer Affairs given for the purposes of Section 218 of the Australian Consumer Law (SA) by:

Chuan JIANG, Director of Kawaii Fashion Holdings Pty Ltd (ACN 158 866 016) and Kawaii Tradings Pty Ltd (ACN 167 959 962), trading as Kawaii $2.80, Kawaii $2.80 Everything Elizabeth and Kawaii Fashion

 

1. PERSONS GIVING THIS UNDERTAKING

1.1 This Undertaking is given to the Commissioner for Consumer Affairs by Chuan JIANG of (….) in the State of South Australia for the purposes of section 218 of the Australian Consumer Law (SA) (‘ACL’), which is adopted by the Fair Trading Act 1987.

 

2. BACKGROUND

2.1 Chuan Jiang is a sole Director of companies Kawaii Fashion Holdings Pty Ltd (ACN 158 866 016) trading as Kawaii Fashion and Kawaii Tradings Pty Ltd (ACN 167 959 962) trading as Kawaii $2.80 and Kawaii $2.80 Everything Elizabeth.

2.2 The businesses supply a range of personal and household goods, including a variety of cosmetic products, sunglasses and toys.

2.3 Prior to the conduct of concern Consumer and Business Services (‘CBS’) had identified a number of potential breaches that had been dealt with administratively by way of warning and through removal and re-labelling of the relevant products.

 

3. CONDUCT OF CONCERN

3.1 On 18 November 2015, Compliance and Investigations Officers from CBS attended Kawaii $2.80 located at 66 King William Street, Adelaide, South Australia, where they located four (4) cosmetic products that were not labelled with their ingredients in English, namely:

3.1.1 ‘Tattoo Seal Angel Wings’, barcode 4 582186 037996;

3.1.2 ‘Loujene 12 Colours Eye Shadow Palette 03’, barcode 4 980299 044403;

3.1.3 ‘Crayon touch-me’, barcode 4 965412 230635; and

3.1. 4 ‘All in one’, barcode 4 965412 226263.

3.2 On 14 April 2016, Compliance and Investigations Officers from CBS attended Kawaii $2.80 Everything Elizabeth located at Elizabeth Shopping Centre, 50 Elizabeth Way, Elizabeth, South Australia, where they located one (1) type of cosmetic product that was not labelled with its ingredients in English, namely two flavours of a product named ‘Loujene Moisture Lip Cream’, barcodes 4 980299 011429 and 4 980299 011443.

3.3 The products listed in 3.1.1-3.1.4 and 3.2 are classified as cosmetic products as per the definition supplied in the applicable mandatory information standard for cosmetic products.

3.4 The products listed in 3.1.1-3.1.4 and 3.2 do not show their ingredients in English as per the requirements of the applicable mandatory information standard for cosmetic products.

 

4. RELEVANT PROVISIONS

4.1 Section 106 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, consumer goods of a particular kind if a safety standard for goods of that kind is in force, and the goods do not comply with that standard.

4.2 Section 118 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, consumer goods of a particular kind if an interim ban on consumer goods of that kind is in force in the place where the supply occurs, or a permanent ban on consumer goods of that kind is in force.

4.3 Section 136 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, goods of a particular kind if an information standard for goods of that kind is in force, and the person has not complied with that standard.

4.4 The Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991 is the applicable mandatory information standard for cosmetic products.

4.5 Section 3 of the mandatory information standard states that cosmetic products are substances or preparations intended for placement in contact with any external part of the body for the purpose of altering the odours of the body, changing the appearance of the body, cleansing the body, maintaining the body in good condition, perfuming the body, and protecting the body.

4.6 Section 5 of the mandatory information standard states that the ingredients in a cosmetic product must be listed on the container or, if the product is not packed in a container, on the product. If the product’s size, shape or nature prevents the ingredients from being listed on the product or its container, the ingredients must be shown in another way that ensures that a consumer can be informed about the ingredients in the product.

4.7 Section 6 of the mandatory information standard states that the list of ingredients must be prominently shown, clearly legible, and in English.

4.8 The products purchased from Kawaii $2.80 and Kawaii $2.80 Everything Elizabeth and listed in 3.1.1-3.1.4 and 3.2 are captured by the definition of a cosmetic product. The products did not show their ingredients in English on their packaging or in any other way visible to CBS Officers.

 

5. COMMENCEMENT OF UNDERTAKING

5.1 This Undertaking comes into effect when:

5.1.1 the Undertaking is executed by Chuan Jiang; and

5.1.2 the Commissioner for Consumer Affairs accepts the Undertaking so executed.

 

6. UNDERTAKING BY CHUAN JIANG FOR THE PURPOSES OF SECTION 218 OF THE ACL

6.1 In response to the concerns raised by CBS on behalf of the Commissioner for Consumer Affairs, I Chuan Jiang, hereby provide an undertaking to the Commissioner that:

6.1.1 I will not breach the product safety provisions contained within the ACL.

6.1.2 I will not supply goods that do not comply with an applicable safety or information standard, in accordance with the requirements of the ACL.

6.1.3 I will not supply goods that are covered by an interim or permanent ban in accordance with the requirements of the ACL.

6.1.4 I will implement a written product safety compliance program to ensure that:

6.1.4.1 new stock does not get offered or otherwise advertised for sale until I am satisfied that it is not in breach of safety standards, information standards, or bans under the ACL;

6.1.4.2 current stock is regularly audited to ensure that it is not in breach of safety standards, information standards, or bans under the ACL;

6.1.4.3 I will nominate a person responsible for the implementation and maintenance of the product safety compliance program;

6.1.4.4 I will implement and conduct training for relevant staff within three (3) months of signing this Undertaking, and then annually, to ensure that the product safety compliance program is understood and obeyed; and

6.1.4.5 I will maintain a register of staff signatures to confirm that they have undertaken the training mentioned in 6.1.4.4 and I will provide this to CBS within one (1) month after the initial training has been completed.

 

7. ACKNOWLEDGEMENTS

I, Chuan Jiang, acknowledge that:

7.1 CBS will make this undertaking publicly available including by publishing it on CBS’ public register of Undertakings on its website;

7.2 The Australian Competition and Consumer Commission (‘ACCC’) may make this undertaking publicly available by publishing it on the ACCC website and the ACCC Product Safety Australia website;

7.3 CBS will, from time to time, make public reference to the undertaking including in news media statements and in CBS publications;

7.4 This undertaking in no way detracts from the rights and remedies available to any other person arising from the alleged conduct; and

7.5 This undertaking may be produced to any Court in respect of any proceedings alleging any future contraventions of the ACL.

Signed public undertaking (PDF 281KB)


Gay Irwin (trading as Get a Bargain) – undertaking

UNDERTAKING

Australian Consumer Law (SA)

Section 218

Undertaking to the Commissioner for Consumer Affairs given for the purposes of Section 218 of the Australian Consumer Law (SA) by:

Gay IRWIN, Director of G B Distributors Pty Limited (ACN 078 403 095), trading as Get A Bargain

 

1. PERSONS GIVING THIS UNDERTAKING

1.1 This Undertaking is given to the Commissioner for Consumer Affairs by Gay Irwin of (…….) in the State of South Australia for the purposes of section 218 of the Australian Consumer Law (SA) (‘ACL’), which is adopted by the Fair Trading Act 1987.

2. BACKGROUND

2.1 Gay Irwin is a sole Director of G B Distributors Pty Limited (ACN 078 403 095), trading as Get A Bargain.

2.2 The business supplies a range of discount goods, including sunglasses, toys, and cosmetic products.

2.3 Prior to the conduct of concern Consumer and Business Services (‘CBS’) had identified a number of potential breaches that had been dealt with administratively by way of warning and the issuance of an expiation fine, and through removal and re-labelling of the relevant products.

3. CONDUCT OF CONCERN

3.1 On 14 April 2016, Compliance and Investigations Officers from CBS attended Get A Bargain located at 7 Tod Street, Gawler, South Australia, where they located:

3.1.1 Four (4) units of a product named ‘Rose Garden Home Fragrance’, each unit containing three (3) soaps;

3.1.2 Fifty five (55) sunglasses; and

3.1.3 Twelve (12) sunglasses that appeared to be for novelty dress up purposes.

3.2 The soaps contained within the product listed in 3.1.1 are classified as cosmetic products as per the definition supplied in the applicable mandatory information standard for cosmetic products. The soaps did not show their ingredients in English as per the requirements of the mandatory information standard for cosmetic products.

3.3 The sunglasses listed in 3.1.2 are captured by the mandatory safety standard for sunglasses and fashion spectacles. The sunglasses were not labelled with their category number, category description, and the identity of the manufacturer or supplier as per the requirements of the mandatory safety standard for sunglasses and fashion spectacles.

3.4 The sunglasses listed in 3.1.3 are not labelled as toys and thus are captured by the mandatory safety standard for sunglasses and fashion spectacles. The sunglasses were not labelled with their category number, category description, and the identity of the manufacturer or supplier as per the requirements of the mandatory safety standard for sunglasses and fashion spectacles.

 

4. RELEVANT PROVISIONS

4.1 Section 106 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, consumer goods of a particular kind if a safety standard for goods of that kind is in force, and the goods do not comply with that standard.

4.2 Section 118 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, consumer goods of a particular kind if an interim ban on consumer goods of that kind is in force in the place where the supply occurs, or a permanent ban on consumer goods of that kind is in force.

4.3 Section 136 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, goods of a particular kind if an information standard for goods of that kind is in force, and the person has not complied with that standard.

4.4 The Consumer Protection Notice No. 13 of 2003 — Consumer product safety standard: Sunglasses and fashion spectacles¸ taking into account amendments up to Consumer Protection Notice No. 4 of 2005 is the applicable mandatory safety standard for sunglasses and fashion spectacles.

4.4.1 The mandatory safety standard is based on Australian Standard AS/NZS 1067:2003 Sunglasses and Fashion Spectacles. AS/NZS 1067:2003 is a voluntary standard except for those sections specifically called into the mandatory standard.

4.4.2 Division 1 of the mandatory safety standard provides the definition of sunglasses and fashion spectacles.

4.4.3 Section 4 of AS/NZS 1067:2003, which is called into the mandatory safety standard, requires that sunglasses must be clearly and legibly marked or labelled with the identity of the manufacturer or supplier, the lens category number, and one of the lens and category descriptions. The mandatory safety standard states that, in relation to the methods of marking and labelling, the information shall be supplied in the form of an indelible marking on the sunglass frame, or a removable label affixed to the lens, or a removable label securely attached or tied to the frame, or any combination of these means.

4.4.4 The fifty five (55) sunglasses listed in 3.1.2 and the twelve (12) sunglasses listed in 3.1.3 are captured by the mandatory safety standard and did not show their category number, category description, and the identity of the manufacturer or supplier in any way visible to CBS Officers, nor were they labelled as toys in any way visible to CBS Officers.

4.5 The Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991 (mandatory information standard) is the applicable mandatory information standard for cosmetic products.

4.5.1 Section 3 of the mandatory information standard states that cosmetic products are substances or preparations intended for placement in contact with any external part of the body for the purpose of altering the odours of the body, changing the appearance of the body, cleansing the body, maintaining the body in good condition, perfuming the body, and protecting the body.

4.5.2 Section 5 of the mandatory information standard states that the ingredients in a cosmetic product must be listed on the container or, if the product is not packed in a container, on the product. If the product’s size, shape or nature prevents the ingredients from being listed on the product or its container, the ingredients must be shown in another way that ensures that a consumer can be informed about the ingredients in the product.

4.5.3 Section 6 of the mandatory information standard states that the list of ingredients must be prominently shown, clearly legible, and in English.

4.5.4 The soaps contained within the ‘Rose Garden Home Fragrance’ and listed in 3.1.1 are captured by the definition of a cosmetic product. The soaps did not show their ingredients in English on their packaging or in any other way visible to CBS Officers.

 

5. COMMENCEMENT OF UNDERTAKING

5.1 This Undertaking comes into effect when:

5.1.1 the Undertaking is executed by Gay Irwin; and

5.1.2 the Commissioner for Consumer Affairs accepts the Undertaking so executed.

 

6. UNDERTAKING BY GAY IRWIN FOR THE PURPOSES OF SECTION 218 OF THE ACL

6.1 In response to the concerns raised by CBS on behalf of the Commissioner for Consumer Affairs, I, Gay Irwin, hereby provide an undertaking to the Commissioner that:

6.1.1 I will not breach the product safety provisions contained within the ACL.

6.1.2 I will not supply goods that do not comply with an applicable safety or information standard, in accordance with the requirements of the ACL.

6.1.3 I will not supply goods that are covered by an interim or permanent ban in accordance with the requirements of the ACL.

6.1.4 I will implement a written product safety compliance program to ensure that:

6.1.4.1 new stock does not get offered or otherwise advertised for sale until I am satisfied that it is not in breach of safety standards, information standards, or bans under the ACL;

6.1.4.2 current stock is regularly audited to ensure that it is not in breach of safety standards, information standards, or bans under the ACL;

6.1.4.3 I will nominate a person responsible for the implementation and maintenance of the product safety compliance program;

6.1.4.4 I will implement and conduct training for relevant staff within three (3) months of signing this undertaking, and then annually, to ensure that the product safety compliance program is understood and obeyed; and

6.1.4.5 I will maintain a register of staff signatures to confirm that they have undertaken the training mentioned in 6.1.4.4 and I will provide this to CBS within one (1) month after the initial training has been completed.

7. ACKNOWLEDGEMENTS

I, Gay Irwin, acknowledge that:

7.1 CBS will make this undertaking publicly available including by publishing it on CBS’ public register of Undertakings on its website;

7.2 The Australian Competition and Consumer Commission (‘ACCC’) may make this undertaking publicly available by publishing it on the ACCC website and the ACCC Product Safety Australia website;

7.3 CBS will, from time to time, make public reference to the undertaking including in news media statements and in CBS publications;

7.4 This undertaking in no way detracts from the rights and remedies available to any other person arising from the alleged conduct; and

7.5 This undertaking may be produced to any Court in respect of any proceedings alleging any future contraventions of the ACL.

Signed public undertaking (PDF 313KB)


Palcove Pty Ltd (previously trading as Cheap as Chips) – undertaking

 UNDERTAKING

Australian Consumer Law (SA)

Section 218

Undertaking to the Commissioner for Consumer Affairs given for the purposes of Section 218 of the Australian Consumer Law (SA) by:

Palcove Pty Ltd, ACN 055 118 404, previously trading as Cheap as Chips

 

1. PERSONS GIVING THIS UNDERTAKING

1.1 This Undertaking is given to the Commissioner for Consumer Affairs by Palcove Pty Ltd, in the State of South Australia for the purposes of section 218 of the Australian Consumer Law (SA) (‘the ACL’), which is adopted by the Fair Trading Act 1987.

 

2. BACKGROUND

2.1 Shane Radbone, Richard Facioni, Neil Plummer, Thomas Krulis and Gary Levin are current directors of the company Waimea Pty Ltd, trading as Cheap as Chips, ACN 008 091 870.

2.2 Shane Radbone, Richard Facioni, Neil Plummer, Thomas Krulis and Gary Levin are also directors of Palcove Pty Ltd, previously trading as Cheap as Chips, ACN 055 118 404.

2.3 Cheap as Chips supply a variety of discount goods, including a variety of cosmetic products.

2.4 Prior to the conduct of concern Consumer and Business Services (‘CBS’) had identified a number of potential breaches that had been dealt with administratively by way of warning and expiation and through removal of the relevant products.

 

3. CONDUCT OF CONCERN

3.1 On 21 April 2016, Compliance and Investigations Officers from CBS attended Cheap as Chips located at Shop 5, 130 Valetta Road, Fulham Gardens, South Australia, where they inspected 17 cosmetic products available for supply that were not labelled with their ingredients, namely:

3.1.1 Rimmel London Stay Glossy lip gloss, item code AA12107;

3.1.2 Loreal Hip Color presso lip gloss, item code AA10098;

3.1.3 Maybelline Shine Sensational lip gloss, item code AA10099;

3.1.4 Revlon Just Bitten Lip Stain + Balm, item code AA10097;

3.1.5 Rimmel London Spark it Up eye liner, item code AA12107;

3.1.6 Maybelline Cool Effect eye shadow/liner, item code AA10099;

3.1.7 Revlon Photoready Kajal eye liner + brightener, no barcode or item code attached;

3.1.8 Loreal Hip Kohl Eyeliner, item code AA10098;

3.1.9 Loreal Wear Infinite eyeshadow, item code AA10098;

3.1.10 BMC Accessories Professional Hair Chalk – 6 colours, no item code or barcode on product;

3.1.11 Rimmel London Glam Eyes Quad Eye Shadow, item code AA12935;

3.1.12 Rimmel London Glam Eyes HD Quad Eye Shadow, item code AA13156;

3.1.13 Allora Lip Gloss, item code AA11976;

3.1.14BYS Bubble Balm, item code AA13042;

3.1.15 Loreal nail polish, item code AA10098;

3.1.16 Rimmel London lasting finish pro nail polish, item code AA12712; and

3.1.17 Maybelline Color Show nail polish, item code AA12711.

3.2 The products listed in 3.1.1-3.1.17 are classified as cosmetic products as defined in the applicable mandatory information standard for cosmetic products, Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991.

3.3 The products listed in 3.1.1-3.1.17 do not show their ingredients as is required in Section 5 of the applicable mandatory information standard for cosmetic products.

 

4. RELEVANT PROVISIONS

4.1 Section 106 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, consumer goods of a particular kind if a safety standard for goods of that kind is in force, and the goods do not comply with the standard.

4.2 Section 118 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, consumer goods of a particular kind if an interim ban on consumer goods of that kind is in force in the place where the supply occurs, or a permanent ban on consumer goods of that kind is in force.

4.3 Section 136 of the ACL prohibits a person in trade or commerce from supplying, offering for supply, or manufacturing, possessing or having control of, goods of a particular kind if an information standard for goods of that kind is in force, and the person has not complied with that standard.

4.4 The Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991 is the applicable mandatory information standard for cosmetic products.

4.5 Section 3 of the mandatory information standard states that cosmetic products are substances or preparations intended for placement in contact with any external part of the body for the purpose of altering the odours of the body, changing the appearance of the body, cleansing the body, maintaining the body in good condition, perfuming the body, and protecting the body.

4.6 Section 5 of the mandatory information standard states that the ingredients in a cosmetic product must be listed on the container or, if the product is not packed in a container, on the product. If the product’s size, shape or nature prevents the ingredients from being listed on the product or its container, the ingredients must be shown in another way that ensures that a consumer can be informed about the ingredients in the product.

4.7 Section 6 of the mandatory information standard states that the list of ingredients must be prominently shown, clearly legible, and in English.

4.8 The products purchased from Cheap as Chips and listed in 3.1.1-3.1.17, are captured by the definition of a cosmetic product. The ingredients were not displayed on the products, on their packaging or in any other way visible to CBS Officers.

 

5. COMMENCEMENT OF UNDERTAKING

5.1 This Undertaking comes into effect when:

5.1.1 the Undertaking is executed by Palcove Pty Ltd; and

5.1.2 the Commissioner for Consumer Affairs accepts the Undertaking so executed.

 

6. UNDERTAKING BY PALCOVE PTY LTD FOR THE PURPOSES OF SECTION 218 OF THE ACL

6.1 In response to the concerns raised by CBS on behalf of the Commissioner for Consumer Affairs, Palcove Pty Ltd hereby provides an undertaking to the Commissioner that:

6.1.1 Palcove Pty Ltd will not breach the product safety provisions contained within the ACL.

6.1.2 Palcove Pty Ltd will not supply goods that do not comply with an applicable safety or information standard, in accordance with the requirements of the ACL.

6.1.3 Palcove Pty Ltd will not supply goods that are covered by an interim or permanent ban in accordance with the requirements of the ACL.

6.1.4 Palcove Pty Ltd will implement a written product safety compliance program to ensure that:

6.1.4.1 new stock does not get offered or otherwise advertised for sale until Palcove Pty Ltd is satisfied that it is not in breach of safety standards, information standards, or bans under the ACL;

6.1.4.2 current stock is regularly audited to ensure that it is not in breach of safety standards, information standards, or bans under the ACL;

6.1.4.3 Palcove Pty Ltd will nominate a person responsible for the implementation and maintenance of the product safety compliance program;

6.1.4.4 Palcove Pty Ltd will implement and conduct training for relevant staff within four months of signing this Undertaking, and then annually, to ensure that the product safety compliance program is understood and applied; and

6.1.4.5 Palcove Pty Ltd will maintain a register of staff signatures to confirm that they have undertaken the training mentioned in 6.1.4.4 and Palcove Pty Ltd will provide this to CBS within one month after the initial training has been completed.

7. ACKNOWLEDGEMENTS

Palcove Pty Ltd acknowledges that:

7.1 CBS will make this undertaking publicly available including by publishing it on CBS’ public register of Undertakings on its website;

7.2 The Australian Competition and Consumer Commission (‘ACCC’) may make this undertaking publicly available by publishing it on the ACCC website and the ACCC Product Safety Australia website;

7.3 CBS may, from time to time, make public reference to the undertaking including in news media statements and in CBS publications;

7.4 This undertaking in no way detracts from the rights and remedies available to any other person arising from the alleged conduct; and

This undertaking may be produced to any Court in respect of any proceedings alleging any future contraventions of the ACL.

Signed public undertaking (PDF 263KB)


Banned ethanol burners – media release

decorativeburner

Product safety ban on portable ethanol burners

Many types of portable decorative ethanol burners are currently banned from sale in South Australia and across the country with serious injuries reported increasing concerns about their safety.

Federal Small Business Minister Michael McCormack has today imposed a national interim ban to prevent the supply of certain types of decorative alcohol fuelled devices, also known as ethanol burners.

The national interim ban replaces interim bans imposed by the Ministers responsible for the Australian Consumer Law in Western Australia, Victoria, New South Wales, Queensland, South Australia, the ACT, Tasmania and the Northern Territory.

The action follows reports of 113 incidents, many resulting in serious injuries, across the country since 2010. Of these, six incidents occurred in South Australia, each incident with one person injured.

CBS warns consumers who have banned ethanol-fuelled burners in their home to stop using them immediately.

The interim ban means that retailers and online traders across Australia must take the banned products off their shelves or delete them from online catalogues and cease sales immediately. Individuals face a maximum penalty of $220,000 and corporations face a maximum penalty of $1.1 million if found to be selling banned products.

This interim ban affects all table-top versions and many freestanding versions of the product. The interim ban does not affect products with a power output of more than 4.5 kW, those that require installation in a fixed position, and those used in the heating or warming of food.

Retailers and suppliers can go to the ACCC’s product safety website to get further information to help them understand the product range covered by the national interim ban.

Consumers seeking to purchase decorative alcohol fuelled devices should check with suppliers that any product offered is not subject to the ban.

Those concerned about products they have previously purchased should visit the Product Safety Australia website for more information about decorative alcohol fuelled devices.

Media Release – Interim ban imposed on unsafe ethanol burners

Product safety – Don’t fuel the fire video