Top baby names 2017

Do you need inspiration for your baby’s name? Or are you just interested in the weird and wonderful names parents chose for their little bundles in 2017.

Rare names that sound more like holiday destinations or an exotic cocktail are towards the end of the list. And for most, the unusual spellings are deliberate!

The more popular choices are a little less traditional this year with Harper and Willow making the top 20 for girls, and Hunter and Harvey for the boys. We know it’s a tough decision naming your baby, so choose wisely, or as adults they may be using our services again to change their name!

Here are the full lists.
Boys names

 

Girls names


Real estate agents on notice over sale price misrepresentation – statement

Consumer and Business Services (CBS) has reminded real estate agents of their obligation to accurately represent the likely sale price of properties in advertising and to potential buyers.

It follows a South Australian real estate agent giving an assurance to the Commissioner for Consumer Affairs that he will not misrepresent sale prices, after advertising two properties for sale at an amount lower than the vendor’s acceptable selling price.

Read the full statement – Real estate agents on notice over sale price misrepresentation (46KB PDF)

Signed assurance


Steve Jackson Real Estate – assurance

ASSURANCE

Fair Trading Act 1987

Section 79

 

Assurance to the Commissioner for Consumer  Affairs given for the purposes of s79 of the  Fair Trading Act 1987 by:

 

Mr Steve Jackson (ABN 52 626 867 100) TIA Steve Jackson Real Estate

  

PERSONS  GIVING THIS ASSURANCE

1. This Assurance is given to the Commissioner for Consumer Affairs (“the Commissioner”) by Mr Steve Jackson trading as Steve Jackson Real Estate in the State  of  South  Australia for the purposes of section 79 of the Fair Trading Act 1987.

 

BACKGROUND

 2. Mr Steve Jackson (ABN 52 626 867 100) (“Mr Jackson”) is a natural person and sole trader.

3. Mr Jackson is a licensed Real Estate Agent providing sales and rental services for commercial and residential properties in South Australia.

4. Section 24A of the Land and Business (Sale and Conveyancing) Act 1994 requires the advertised price of residential land to be not less than the  prescribed  minimum advertising price.  The prescribed minimum  advertising  price is whichever is the greater  of the vendor’s acceptable selling price and the agent’s estimate of the selling price, as expressed in the Sales Agency Agreement.

 

CONDUCT  OF CONCERN

5. Between May 2016 and September 2016 Mr Jackson advertised the sale price of a property at 1 Graham  Street, Millswood, South  Australia for between $1,100,000 – $1,200,000 in circumstances where both the agent’s estimated sale price and  the  vendor’s  acceptable selling price was $1,200,000.

6. Between October 2016 and December 2016 Mr Jackson advertised the sale price of a property at 48 Hessing Crescent, Trott Park, South Australia for “$355,000 –  $365,000”, and for between “$345,000 – $365,000” in circumstances where both the  agent’s estimated  sale price and the vendor’s  acceptable selling price was $360,000

 

CONTRAVENTIONS

 7. The Commissioner considers and Mr Jackson acknowledges, that it is likely that he has, on two occasions, made a representation (through advertising) as to the likely selling price of   residential land which was less than the prescribed minimum advertising price in contravention of section 24A of the Land and Business (Sale and Conveyancing Act) 1994.

 

ASSURANCE BY MR STEVE JACKSON, TRADING AS STEVE JACKSON REAL ESTATE, FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987

8. In response to the concerns raised by Consumer and Business Services (“CBS”)  on behalf of the Commissioner, Mr Steve Jackson, provides an Assurance to the Commissioner that:

a. Mr Jackson will not make a representation as to the likely selling price of land which is less than the prescribed minimum advertising price in compliance with section 24A of the Land    and Business (Sales and Conveyancing) Act 1994;

b. Mr Jackson will enrol in, and complete to a satisfactory standard within 12 months, two units which form part of the Certificate  IV in Property  Services (Real Estate) and provide evidence of  their  completion to CBS.  These units are:

  • CPPDSM4008A Identify legal and ethical requirements  of property  sales to complete agency work; and
  • CPPDSM4009B Interpret legislation to complete agency

 

COMMENCEMENT  OF ASSURANCE

9.  This Assurance comes into effect when:

 

9.1 The Assurance is executed by Mr Jackson; and

 

9.2 The Commissioner accepts the Assurance so executed.

 

ACKNOWLEDGMENTS

10. Mr Jackson acknowledges that:

 

10.1 It is an offence to breach an Assurance, as set out in section 81 of the Fair Trading Act 1987;

10.2  CBS will make this Assurance publicly available including by publishing it on CBS’ public register of undertakings on its website;

 

 

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

 

10.4 This Assurance in no way derogates from the rights and remedies available to any other person arising from the alleged conduct; and

 

10.5 This Assurance may be produced to any Court in respect of any proceedings alleging any future contraventions of the Fair Trading Act 1987 or a related Act.

Signed public assurance (PDF140KB)

Read full statement


Agent’s conflict of interest – also known as beneficial interest or 24G

From 29 January 2018 there are more stringent guidelines that deal with circumstances where a real estate agent or their associate wants to buy a property the agent has appraised or is authorised to sell.

Definition of an associate

The definition of an associate will be expanded significantly to apply to all employees of an agency, as well as relatives of those employees.  Step-relations will also be classified as relatives.

Using the corporate entity

Directors of real estate agencies will be discouraged from using the corporate entity as a vehicle to gain a beneficial interest through the introduction of a vicarious liability provision, unless it is proven that due diligence was exercised and the director could not have prevented the commission of the offence.

Liability of general managers and managers

Both general managers and managers of individual real estate branches will be liable for the actions of their employees in certain circumstances, unless they can rely upon the general defence that exists in the Land and Business (Sale and Conveyancing) legislation. This encourages high level management to ensure that offences are not committed within their agency.

Managers of individual branches (as opposed to general managers overseeing the corporate entity) will not be liable for transactions occurring in other branches.

Penalties

Penalties will increase from $20,000 to $50,000 for many offences.

Aggravated offences will be introduced for each existing offence, with penalties of up to $100,000 or 2 years imprisonment. Offences will be aggravated if vendors are aged over 70, are under guardianship, or are suffering from a mental incapacity.

Time limit for prosecution

The time limit for prosecution proceedings to be commenced will increase from two years to five years, and up to seven years in extenuating circumstances, to allow for the lengthy nature of property transactions.

Please refer to the associate table (PDF 64KB) for more guidance.

Where there is a beneficial interest

The agent must disclose the conflict of interest to the vendor and seek approval from the Commissioner for Consumer Affairs by way of online application.

Where possible, agents should aim to have settlement of their property before 29 January 2018 or from March onwards. For settlement that occurs from 29 January to 28 February an application to obtain beneficial interest will need to be completed at least three weeks prior to the settlement date to allow enough time for CBS to give the application due consideration.

For more information see apply for a 24G exemption.


Forms 5 & 6 – details to include in a sales contract (Second-hand Vehicle Dealers)

Changes were recently made to second-hand vehicle dealers legislation requiring additional details to be included in form 5 and form 6.

There is a transitional period to allow dealers time to understand their obligations under the amendments and to comply with the new form requirements.

The transitional period has been extended to 1 March 2018. After that date, forms 5 and 6 used by dealers must comply.

New requirements

Changes to the Second-Hand Vehicle Dealers Regulations 2010 were made through the Second-hand Vehicle Dealers (Simplify No 2) Variation Regulations 2017.

Additional details that must be included in Forms 5 and 6 are:

• dealer handling fee
• ownership and odometer declaration
• signatures of the parties to the contract.

 


Campaign to stop car DIY jack deaths – media release

DIY mechanics are being urged to take safety seriously when working on cars at home as new statistics show that on average five people a year have been killed by a vehicle they were working under.

An awareness campaign by Consumer and Business Services, the SA Metropolitan Fire Service and the RAA is urging people working on their cars at home to use jacks safely, which includes using the correct jack for the job and using the appropriate support equipment.

Media release – Campaign to stop car DIY jack deaths (PDF 207KB)


Bait advertising and underquoting

Bait advertising and under-quoting can have a significant and detrimental financial impact on consumers. The real estate industry is often where the financial impact can be the most considerable.

The CBS Compliance and Enforcement unit regularly check advertisements published online, in social media and newspapers. They also regularly attend open inspections and auctions to make sure advertising and contracts align to avoid misleading prospective purchasers

Media release – Crackdown on dodgy land agents (PDF 356KB)


Advertisements must include a licence number

Many tradies, real estate and second hand vehicle dealers companies and individuals invest in advertising to get their name and brand out in the community to bring in work. But some may not realise that they’re breaking the law if their ad doesn’t include their licence number.

Consumer and Business Services (CBS) has been monitoring advertisements placed by the building trades in recent months and more than 60% of ads don’t comply. CBS compliance officers have checked ads published online, in social media and newspapers across the state.

Individuals and businesses in the the real estate, second hand vehicle dealers industries and the building and related trades found not to include a licence number in advertising will face compliance action, which may include a warning letter, expiation or prosecution. Penalties for failing to advertise with a licence number apply.

The requirement to include the licence number applies to all forms of advertising. This includes their own website, flyers, business cards and vehicles as well as paid ads on television, radio, online or in a newspaper.

In addition to the licence number, building contractors must also include the licence name in all advertising and on a prominent sign on all sites where they are performing building work.

Licensees that act outside the scope of their licence, when contacted by CBS, usually stop advertising or take steps to get the appropriate licence. In more serious cases, particularly where there has been detriment to consumers, CBS will take court action.

Companies and individuals are also reminded of their advertising obligations under Australian Consumer Law. An advertisement must not be misleading or provide false information about things such as:

• actual experience in performing certain work
• customer reviews
• special offers
• affiliation with a particular organisation.

For more information see the guide ‘Avoiding unfair business practices’.

Report any suspected activity around unlicensed trading or advertising at cbs.sa.gov.au/contact-us.

 


Robert Johnson Vineyards – undertaking

South Australia’s consumer watchdog has warned wineries and cellar doors to adhere to their obligations under the Liquor Licensing Act 1997 (SA), after a cellar door in the Adelaide Hills allegedly sold wine without a licence.

UNDERTAKING
Liquor Licensing Act 1997
Section 119A(1)

Undertaking given to the Liquor and Gambling Commissioner for the purposes of section 119A(1) of the Liquor Licensing Act 1997 by:

Robert James Johnson

Persons giving this undertaking

1. This undertaking is given to the Liquor and Gambling Commissioner (“the Commissioner”) by Robert James Johnson of 125 Bartschs Road, Eden Valley in the State of South Australia for the purposes of section 119A(1) of the Liquor Licensing Act 1997 (“the Act”) .

Background

2. Robert James Johnson (“the licensee”) is a natural person.

3. The licensee has held a Producer’s Licence, number 50804690 (“the licence”), pursuant to Section 39 of the Act since 19 November 1998 in respect of the premises known as Robert Johnson Vineyards.

4. The premises address on the licence is listed as 2/59 Bridge Street, Kensington in the State of South Australia .

Conduct of concern

5. From 30 January 2016 to 25 February 2017 the licensee sold his wine produce from a cellar door located at 3C Main Street, Lobethal in the State of South Australia in circumstances in which the licensee did not hold any licence or authorisation under the Act to sell liquor from the cellar door.

Contraventions of the Liquor Licensing Act 1997

6. The Commissioner considers, and the licensee acknowledges, that by engaging in the conduct described in paragraph 5, the licensee contravened section 46(1) of the Liquor Licensing Act 1997.

7. The Commissioner considers that there is proper cause for disciplinary action pursuant to section 119(1)(b)(i) of the Act on the basis that the licensee sold or supplied liquor contrary to the Act or without proper authority under the Act.

8. Upon being made aware of the Commissioner’s concerns, the licensee:

8.1. Agreed to provide an undertaking to the Commissioner pursuant to Section 119A(1) of the Act;

8.2. Indicated a willingness to ensure future compliance with sections 46(1) and 119(1)(b)(i) of the Act.

Undertaking

9. The licensee undertakes to ensure that his wine produce will only be sold or supplied with proper authority under the Act in compliance with sections 46(1) and 119(1)(b)(i) of the Act.

10. The licensee undertakes to obtain authorisation under the Act for any operational change to his business, including submitting any required application for a new licence or to have the licence altered.

Commencement of undertaking

11. This undertaking comes into effect when :

11.1. The undertaking is executed by the licensee; and

11.2. The Commissioner accepts the undertaking so executed .

Acknowledgments

12. The licensee acknowledges that:

12.1. CBS will make this undertaking publicly available including by publishing it on CBS’ public register of undertakings on its website;

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

12.3. This undertaking in no way derogates from the rights and remedies available to any other person arising from the alleged conduct.

Executed as an undertaking

Executed by the licensee, Robert James Johnson.

Signed undertaking (PDF 112/KB)

Statement (PDF 92KB)