Reform to SA liquor laws – CBS news

Following extensive community and industry consultation, new liquor licensing laws have passed Parliament. The first stage of changes commenced on 18 December 2017.

The laws are part of comprehensive reforms to South Australia’s liquor licensing system, aiming to reduce red tape and administrative burden for industry, while strengthening our laws to minimise alcohol related violence.

Consumer and Business Services will work closely with industry bodies and liquor licence holders to ensure a smooth transition.

Future consultation

Further targeted consultation will occur in 2018, focusing on the new fee structure and aspects of the licensing regime, including:

  • new classes of licence, in particular details of the short term licence class
  • the seizure of evidence of age documents
  • disciplinary action before the Liquor and Gambling Commissioner for certain matters
  • minors on licensed premises.

The changes below commenced on 18 December 2017

Supply to minors

There are now stronger penalties for people who illegally supply alcohol to anyone under 18. Big parties and events will be targeted, where large groups of teenagers are supplied with alcohol.

Licensed businesses are still prohibited from supplying alcohol to people under 18 years old.

Entertainment consent

Licensed venues no longer need consent from Consumer and Business Services to host a range of entertainment, including music and comedy.

This makes it easier for businesses to host bands, supporting a vibrant live music scene.

Consent is still required for prescribed entertainment such as boxing, martial arts and sexually explicit entertainment.

Licensed premises must still follow the conditions of their development approval, and any conditions or approvals made under other legislation.

Temporary approval of responsible persons

These reforms streamline the responsible person process and support employment.

Temporary approval of a responsible person is now available for up to 6 months, while the employee undertakes the responsible person vetting process.

This allows employees to start work faster, without businesses needing to wait weeks or months for approval.

Applications to become a responsible person remain the same, with temporary approval being granted once the relevant forms have been lodged.

Individuals can now also apply to become a responsible person, while previously applications could only be made by the licensee employing the person.

The Liquor and Gambling Commissioner can revoke approval of a responsible person at any time.

Licence-holders can search whether a responsible person is approved, temporarily approved or revoked on the CBS website.

Exemptions for low-risk businesses

Low-risk businesses no longer require a liquor licence to treat their clients to a drink, reducing administrative burden and supporting industry.

Exempt businesses can sell or supply liquor without a licence in certain circumstances, including:

  • hairdressers and barbers
  • cruise ships
  • retirement villages
  • businesses selling gifts
  • jewellers
  • patient care accommodation.

The current licence exemption for bed and breakfast style accommodation has also been extended. For example, bed and breakfasts with a capacity of up to 16 guests can now supply alcohol without a licence under certain conditions, while previously this was limited to 8 guests.

Other red-tape reduction

A number of other red-tape reduction measures also came into effect on 18 December:

  • abolishing the requirement for some licensed businesses to provide meals at the request of a member of the public or a lodger
  • removal of designated dining areas, reception areas and sampling areas
  • removal of most notification and advertising requirements that currently apply to licence applications
  • administrative changes to streamline the appointment of inspectors, clarify definitions and allow the Liquor and Gambling Commissioner to publish determinations and exclude information where appropriate.

Know your obligations when selling disability goods and services

Businesses, including not-for-profit businesses, have obligations under the Australian Consumer Law when selling goods and services to consumers with disability or to participants in the National Disability Insurance Scheme (NDIS).

It is important that you treat consumers fairly and take particular care when dealing with consumers that may be disadvantaged or vulnerable.

Here are some tips to help you do the right thing.

Contracts

Be clear about what products or services you are selling and what you are charging. A contract/service agreement can protect your business from misunderstandings so make sure you include all the important details, and make sure that consumers understand the contract before they sign it.

Contracts can be verbal too – so if you or your staff promise something you need to deliver it.

Communication with customers

Any advertising material or statements you make must be truthful and accurate. You cannot rely on small print or disclaimers to justify a misleading overall message.

Be aware of your obligations when using direct marketing like door-to-door or telemarketing:

  • There are certain days and times when you must not contact consumers.
  • Consumers have a 10-day cooling-off period.

You must not unduly harass or coerce consumers or engage in unconscionable conduct. This includes repetitive unnecessary or excessive contact or by using force (actual or threatened) that restricts another person’s choice or freedom to act.

You must not demand payment for goods or services the consumer did not request or that you did not supply.

Consumer guarantees

The goods or services you supply to a consumer come with automatic guarantees. This means they must be safe, work correctly and meet promises made about the condition, performance and quality. People delivering services must have the appropriate skills, experience and qualifications. As a business you must honour these guarantees. If a guarantee is not met you must provide a remedy such as a refund, repair or replacement.

As a business you can refuse to provide a refund if the consumer has changed their mind.

More information

See the guide for suppliers to help businesses selling to and supplying consumers with disability.

 


Online directory slugged $120,000 for misleading conduct – media release

The Supreme Court has imposed penalties totalling $120,000 against a company and its director for engaging in misleading conduct to sign up South Australian schools for online advertising.

Lukeleo Pty Ltd and its director/shareholder Luke Farrell were fined after admitting to making various false and misleading representations, in breach of the Australian Consumer Law.

Read more – online directory slugged $120,000 for misleading conduct (PDF 102KB)


Ride or accommodation sharing – CBS news

If you buy or hire goods and services through an online marketplace or sharing economy platform, you are protected by the Australian Consumer Law (ACL), in the same way as you would be if you were to buy in store.

Traders are protected by the ACL and also have obligations to consumers, like guaranteeing that the services and goods they’re providing comply with the law.

Transcript – the sharing economy – introduction (DOC 13KB)

Consumers – If you buy goods and services

Your rights don’t change if you hire goods or buy services online, through an app or sharing platform, or if you make in-store purchases. You have consumer guarantee rights.

If there is a problem:

  • Check the platform’s terms and conditions and their complaint management process, if they have one.
  • You may be able to cancel the contract and get a refund if a consumer guarantee isn’t met

Follow these simple steps to resolve the issue:

  • speak to the seller or service provider
  • contact the platform through their internal dispute resolution process, if they have one
  • write a factual customer review and rate the trader on the platform
  • contact Consumer and Business Services for advice if the matter isn’t resolved with the platform and/or trader.

Transcript – the sharing economy – remedies (DOC 13KB)

Transcript – the sharing economy – cancellations (DOC 13KB)

Transcript – the sharing economy – disputes (DOC 13KB)

Traders – If you hire or sell goods and services

Your rights:

  • platform operators must not mislead or deceive you
  • you have consumer guarantee rights when buying services from a platform operator
  • there are certain circumstances where it is illegal for a platform operator to refuse to supply you
  • you can refuse to provide a refund if the consumer has simply changed their mind.

If you believe a consumer has not held up their end of a contract for a good or service, some platforms have their own internal resolution process to deal with this. Read your platform’s community rules and internal resolution process guidelines.

Contact Consumer and Business Services for advice if you aren’t able to resolve a problem with the platform or consumer first.

 Your obligations

  • Be transparent about the product or service you are advertising so there are no surprises to consumers
  • Avoid misleading or deceptive statements
  • Make sure reviews provided about your service or product are not misleading or fake
  • You must comply with product safety obligations.

Transcript – the sharing economy – advertising (DOC 13KB)

Transcript – the sharing economy – reviews (DOC 13KB)


Changes to bookmaking for Melbourne Cup day charitable events – CBS news

As a result of Simplify Day, licensed bookmakers no longer need a permit from CBS to take bets for Melbourne Cup day charity functions.

The Liquor and Gambling Commissioner published a notice in the SA Government Gazette on 24 October 2017 to allow licensed bookmakers to take bets at charitable fundraising events on  Melbourne Cup day, the first Tuesday of November of every year.

Special one-off arrangements have been put in place for this year’s Melbourne Cup day on Tuesday 7 November 2017. Organisers of future charitable events on Melbourne Cup day will need to contact The SA Bookmakers League on (08) 7070 2710 to use a licenced bookmaker.

Any licensed bookmaker that does not comply with the conditions in the Commissioner’s notice will be subject to disciplinary action.

Read the signed gazetted notice (PDF 629KB)


Trading round cancelled – CBS news

Having found an error in the trading round process, the Commissioner has determined to cancel the trading round TR14/2017.

Offers that have been made in this trading round are not effective. Consumer and Business Services will be refunding all administration fees and will be returning any payments received.

A fresh trading round will be commenced shortly.

More information will be published in due course. In the meantime, if you have any questions please contact Mr Robert Templeton, Director Licensing and Registration on 08 8226 8486.


Residential parks reform – CBS news

Legislation has been introduced into Parliament to amend the Residential Parks Act 2007 (the Act).

The Act regulates the relationship between residential park owners and people who live in parks as their principal place of residence.  It was originally designed to address issues arising from people living in caravan parks in moveable, inexpensive structures on sites rented from the park owner.

The types of residential parks that have developed since the commencement of the Act are unlike those envisioned by the legislation. Some residential parks in South Australia offer purely long term living in constructed or manufactured homes, while others are a mix of tourist accommodation with dedicated areas for residential living.  The types of dwellings in these parks range from caravans with annexes to transportable and manufactured homes.

The Government released a discussion paper in March 2016 to consult on ways to improve the current laws. Feedback from that discussion paper highlighted concerns around the insecurity of tenure, and absence of any legislative requirement for disclosure of information, or compensation for residents.

The Residential Parks (Miscellaneous) Amendment Bill 2017, introduced into Parliament on 28 September, would see a fairer and more transparent system for residential park residents and owners. The Bill aims to strike a balance between protecting the rights of residents and the investment in their homes, and the interests of park owners to support the growth of their parks.

www.legislation.sa.gov.au – a copy of the Bill as introduced into Parliament

Second Reading Speech providing an overview of the Bill

 


Creating a fairer marketplace for Indigenous people – CBS news

 

 

 

Consumer protection agencies from across Australia have joined forces to launch the National Indigenous Consumer Strategy (NICS) Action Plan 2017–2019.

The Action Plan outlines a set of national priorities and areas to improve outcomes for Indigenous consumers. Fairness is at the heart of the plan as Indigenous consumers, particularly those living in remote areas, continue to face challenges in asserting their consumer rights.

The priority areas for the next three years are:

Priority area


Key areas of focus


Trading practices


Door to door sales and telemarketing


Scams


Improving awareness


Housing


Rights and responsibilities in the private rental market


Consumer directed care


Consumers with disability and the National Disability Insurance Scheme (NDIS)


Motor vehicles


Consumer and dealer rights and obligations


Financial services


Credit contracts and consumer leases


NICS members, which consist of the Australian Competition and Consumer Commission (ACCC), Australian Securities and Investments Commission (ASIC), state/territory consumer affairs agencies and the Indigenous Consumer Action Network, will be driving the implementation of these priorities.

Read the full National Indigenous Consumer Strategy Action Plan 2017–2019.