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)


Sean Joseph Nelson – assurance

ASSURANCE

Fair Trading Act 1987 Section 79 and

ENFORCEABLE  UNDERTAKING

Australian Consumer Law (SA) Section 218

 

Assurance and Enforceable Undertaking to the Commissioner for Consumer Affairs given for the purposes of Section 79 of the Fair Trading Act 1987 and Section 218 of the Australian Consumer Law (SA) by:

Sean Joseph Nelson

  1. PERSONS GIVING THIS ASSURANCE & ENFORCEABLE  UNDERTAKING

1.1 This Assurance and Enforceable Undertaking is given to the Commissioner for Consumer Affairs by Sean Joseph Nelson of Paskeville in the State of South Australia for the purposes of s 79 of the Fair Trading Act 1987 and s 218 of the Australian Consumer Law (SA).

  1.  BACKGROUND

2.1 Sean Joseph Nelson is a natural person and has never held a building work contractor’s licence pursuant to section 6( 1) of Building Work Contractors Act.

2.2 In 2014, Mr Nelson was carrying on a landscaping business trading as “L&S Paving & Landscaping” and “ASL Landscaping Specialist”.

2.3 In January 2015, Mr Nelson contracted with Mr C Pham for the supply of landscaping services at his property at  Northgate for $13,000. The services included the construction of a  retaining wall and front pillar fence, installation of lawn, irrigated garden beds and Mr Pham paid the defendant a deposit of $6,500. Mr Nelson failed to supply any of the services.

2.4 In September 2015, Mr Nelson contracted with Mr M Bailie for the supply of landscaping services at his property at Woodville, including paving of 103 square metres and installation of a concrete crossover. Mr Bailie paid a deposit of $5280. Mr Bailie failed to supply all of the services.

2.5 As part of the agreed resolution of this matter, Mr Nelson has compensated Mr Pham $6,500 and Mr Bailie $5,280.

  1. CONDUCT OF CONCERN

3.1 As a result of the matters outlined above, the Commissioner for Consumer Affairs considers, and Mr Nelson admits, that Mr Nelson has breached the following provisions:

3.1.1 Carrying on business as a building work contractor without a licence contrary to s 6( 1) of the Building Work Contractor’s Act 1995, in that he contracted for building work (paving, fencing and construction of a retaining wall) whilst not being the holder of a building work contractor’s licence; and

3.1.2 Accepting payment for goods or services and failing to provide those goods or services within  a  reasonable  time  contrary  to  s  158(7)  of  the  Australian Consumer Law (SA) in that he took deposits from both Mr Pham and Mr Bailie for landscaping services but failed to supply those services within a reasonable time.

  1. COMMENCEMENT OF ASSURANCE & UNDERTAKING 

4.1 This assurance and undertaking comes into effect when:

4.1.1 the assurance & undertaking is executed by Sean Joseph Nelson; and

4.1.2 the Commissioner for Consumer Affairs accepts the assurance & undertaking so executed.

  1. ASSURANCE GIVEN FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987 

5.1 Sean Joseph Nelson hereby provides an assurance to the Commissioner that:

5.1.1 He will not carry on business as a building work contractor, perform building work or contract for building work unless authorised by licence under the Building Work Contractor’s Act 1995; and

5.1.2 He will not hold himself out as being entitled to carry on the business of a building work contractor unless he is authorised by licence under the Building Work Contractor’s Act 1995.

 

  1. UNDERTAKING GIVEN    FOR    THE    PURPOSES     OF    SECTION     218    OF    THE AUSTRALIAN CONSUMER LAW (SA) 

6.1 Sean Joseph Nelson hereby provides an Undertaking to the Commissioner that:

6.1.1 He will not, in trade or commerce, accept payment for goods or services and fail to provide those goods or services within a reasonable time.

  1. ACKNOWLEDGMENTS

Sean Joseph Nelson acknowledges that:

7.1 It is an offence to breach an Assurance under section 81 of the Fair Trading Act 1987.

7.2 CBS will make this Assurance  and  Undertaking  publicly  available  including  by publishing it on CBS’ public register of assurances and undertakings on its website,

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

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

7.5 This Assurance and Undertaking 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 or the Australian Consumer Law (SA).

 

Signed public assurance (PDF151KB)


TICA Default – assurance

Assurance to the Commissioner for Consumer Affairs given for the purposes of s79 of the

Fair Trading Act 1987 by:

TICA Default Tenancy Control Pty Ltd (ACN 087 400 379)

1. PERSONS GIVING THIS ASSURANCE

1.1 This Assurance is given to the Commissioner for Consumer Affairs by TICA Default Tenancy Control Pty Ltd ACN 087 400 379 of PO Box 120, CONCORD in the State of New South Wales , for the purposes of section 79 of the Fair Trading Act 1987 (SA).

2. BACKGROUND

2.1 TICA Default Tenancy Control Pty Ltd (TICA) owns and operates the residential tenancy database known as the TICA This database is an electronic system that contains personal information about people relating to, or arising from, the occupation of residential premises under a residential tenancy agreement. This database is to be used by landlords or agents of landlords for checking a person’s tenancy history for deciding whether a residential tenancy agreement should be entered into with the person.

2.2 In June 2009, a tenant, Ms White, jointly entered into a tenancy agreement in respect of a property situated in Seaford, South The tenants vacated the tenancy on 25 February 2015 . The landlords made claims against the tenants for payment of the bond and compensation. The bond was paid out to the landlords, but a further amount of $275.39 was owed and never paid.

2.3 On 5 March 2010 , a listing was made in the TICA database about Ms White . This entry contained Ms White’s At this time, there was no legislation in South Australia regulating the residential tenancy databases.

2.4 On 1 March 2014, s 99K of the Residential Tenancies Act 1995 (the Act) came into

This section prohibits the keeping of personal information about a person in a residential tenancy database for longer than three years . At this time, Ms White’s entry in the TICA database remained unchanged. TICA believed that the commencement of s 99K of the Act did not affect entries made in the TICA database before the commencement of s 99K on 1 March 2014.

2.5 Ms White wrote a letter to TICA dated 16 May 2016, requesting the removal of her listing.

2.6 On 7 June 2016 , Ms White applied to the South Australian Civil and Administrative Tribunal for an order that, amongst other things , the listing be removed .

2.7 On 21 June 2016 , TICA removed Ms White’s listing in the TICA database .

3. CONDUCT OF CONCERN

3.1 Between March 2010 and June 2016, TICA kept personal information about a person in its residential tenancy As a result, the Commissioner considers that:

3.1.1 TICA kept Ms White’s personal information in the TICA database for over six years ; and

3.1.2 By failing to remove Ms White’s personal information on 1 March 2014 (when section 99K came into operation) TICA breached section 99K of the ; and

3.2 TICA acknowledges that its conduct is likely to have breached section 99K of the

4. COMMENCEMENT OF ASSURANCE

4.1 This Assurance comes into effect when :

4.1.1 the Assurance is executed by TICA ; and

4.1.2 the Commissioner accepts the Assurance so

5. ASSURANCE BY TICA FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987

5.1 In response to the concerns raised by the Commissioner, TICA hereby provides an Assurance to the Commissioner that:

5.1.1 Ms White’s personal information has been removed from the TICA database;

5.1.2 TICA has removed from the TICA database all entries which had been on the database for more than three years (from the time the entry was first made); and

5.1.3 TICA will remove entries in the TICA database as soon as the three-year period from the date of initial entry expired , even if that entry was created prior to 1 March 2014 .

6. ACKNOWLEDGMENTS

6.1 TICA acknowledges that:

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

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

6.1.3 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 assurance (PDF 124KB)

Accepted by the Commissioner for Consumer Affairs (SA) under s79 of the Fair Trading Act 1987


Mr Philip David ROGERS – undertaking

Undertaking to the Liquor and Gambling Commissioner given for the purposes of s119A(1) of the

Liquor Licensing Act 1997 by:

Mr Philip David ROGERS

PERSONS GIVING THIS ASSURANCE

       1. This Undertaking is given to the Liquor and Gambling Commissioner (the Commissioner) by Mr Philip David Rogers of 4 Booroo Street, ST PETERS, in the State of South Australia for the purposes of section 119A( 1) of the Liquor Licensing Act 1997.

BACKGROUND

2. Mr Philip Rogers is a natural person.

3. Mr Philip Rogers does not hold a licence pursuant to Section 29 of the Liquor Licensing Act 1997.

4. Mr Philip Rogers offered and exposed his produce for sale, wine from the McLaren Vale region branded as Caught Redhanded, without a licence or the authority to do so.

CONDUCT OF CONCERN

5. The conduct of concern is that Mr Philip Rogers offered and exposed his produce for sale without holding the required licence pursuant to s29 of the Liquor Licensing Act 1997.

CONTRAVENTIONS OF THE LIQUOR LICENCING ACT 1997

6. The Commissioner considers, and Mr Rogers acknowledges, that by engaging in the conduct described in paragraph 5, Mr Rogers contravened:
6. 1. Section 29 of the Liquor Licensing Act 1997.

7. Upon being made aware of the Commissioner’s concerns, Mr Philip Rogers has:
7.1.  Agreed to provide an undertaking to the Liquor and Gambling Commissioner pursuant to section 119A of the Liquor Licensing Act 1997;
7.2. Ceased offering the sale of his produce, Caught Redhanded wine;
7.3. Removed all existing advertising of his produce, Caught Redhanded wine;
7.4. Ensured Caught Redhanded wine is not available for sale until such time as Mr Rogers is licensed or authorised to do so.

COMMENCEMENT OF UNDERTAKING

8. This undertaking comes into effect when:
8.1. The undertaking is executed by Mr Philip Rogers; and
8.2. The Commissioner accepts the undertaking so executed.

ACKNOWLEDGEMENTS

Mr Philip Rogers acknowledges that:

9.   CBS will make this undertaking publicly available including by publishing it on CBS’ public register of undertakings on its website;
10. CBS will, from time to time, make public reference to the undertaking including in news media statements and in CBS publications; and
11.  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 Mr Philip Rogers:

Signed assurance (PDF 93KB)

Accepted by the Liquor and Gambling Commissioner pursuant to s119A of the Liquor Licensing Act 1997.


Kym Stephen Cowmeadow – assurance

Assurance to the Commissioner for Consumer Affairs given for the purposes of s79 of the

Fair Trading Act 1987 by:

Kym Stephen COWMEADOW

1. PERSONS GIVING THIS ASSURANCE

1.1 This Assurance is given to the Commissioner for Consumer Affairs by Kym Stephen COWMEADOW of 22 Cutter Circuit, ENCOUNTER BAY in the State of South Australia for the purposes of section 79 of the Fair Trading Act 1987

2. BACKGROUND

2.1 Kym Stephen COWMEADOW is a natural person.

2.2 Kym Stephen COWMEADOW does not hold a licence pursuant to Section 7(1) of the Second-hand Vehicle Dealers Act 1995 (SHVD).

3. CONDUCT OF CONCERN

3.1 Consumer and Business Services (CBS) obtained records from the Department of Transport, Planning and Infrastructure (DPTI). These records show that during the period February 2015 to February 2016 a total of 16 vehicles were registered to Kym Stephen COWMEADOW with 11 of those vehicles subsequently transferred to other people in the same period.

3.2 As a result of the investigation conducted by CBS in relation to the matter, CBS considers that:

3.2.1 there is cause for prosecution action against Kym Stephen COWMEADOW for a breach of Section 7(1) of the Second-hand Vehicle Dealers Act 1995 by carrying on business as a second-hand dealer without being authorised to do so by licence.

3.3 Mr Kym Stephen COWMEADOW acknowledges that he was not authorised by licence issued pursuant to SHVD.

4. COMMENCEMENT OF ASSURANCE

4.1 This assurance comes into effect when:

4.1.1 the assurance is executed by Kym Stephen COWMEADOW; and

4.1.2 the Commissioner for Consumer Affairs accepts the assurance so executed.

5. ASSURANCE BY KYM STEPHEN COWMEADOW FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987

5.1 In response to the concerns raised by CBS on behalf of the Commissioner for Consumer Affairs, Kym Stephen COWMEADOW hereby provides an assurance to the Commissioner that:

5.1.1 He will not engage in the business of a second-hand vehicle dealer whilst not being authorised to do so by licence under the AHVD Act.

6. ACKNOWLEDGEMENTS

Kym Stephen COWMEADOW acknowledges that:

6.1 CBS will make this assurance publicly available including by publishing it on CBS’ public register of assurances on its website;

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

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

6.4 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 assurance (PDF 95KB)


Sarah Jane Anderson – assurance

Assurance to the Commissioner for Consumer Affairs given for the purposes of s79 of the

Fair Trading Act 1987 by:

Sarah Jane ANDERSON

1. PERSONS GIVING THIS ASSURANCE

1.1 This Assurance is given to the Commissioner for Consumer Affairs by Sarah Jane Anderson of 22 Cutter Circuit, ENCOUNTER BAY in the State of South Australia for the purposes of section 79 of the Fair Trading Act 1987

2. BACKGROUND

2.1 Sarah Jane ANDERSON is a natural person.

2.2 Sarah Jane ANDERSON does not hold a licence pursuant to Section 7(1) of the Second-hand Vehicle Dealers Act 1995 (SHVD).

3. CONDUCT OF CONCERN

3.1 Consumer and Business Services (CBS) obtained records from the Department of Transport, Planning and Infrastructure (DPTI). These records show that during the period February 2015 to February 2016 a total of 10 vehicles were registered to Sarah Jane ANDERSON with 6 of those vehicles subsequently transferred to other people in the same period.

3.2 As a result of the investigation conducted by CBS in relation to the matter, CBS considers that:

3.2.1 there is cause for prosecution action against Sarah Jane ANDERSON for a breach of Section 7(1) of the Second-hand Vehicle Dealers Act 1995 by carrying on business as a second-hand dealer without being authorised to do so by licence.

3.3 Ms Sarah Jane ANDERSON acknowledges that she was not authorised by licence issued pursuant to SHVD.

4. COMMENCEMENT OF ASSURANCE

4.1 This assurance comes into effect when:

4.1.1 the assurance is executed by Sarah Jane ANDERSON; and

4.1.2 the Commissioner for Consumer Affairs accepts the assurance so executed.

5. ASSURANCE BY SARAH JANE ANDERSON FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987

5.1 In response to the concerns raised by CBS on behalf of the Commissioner for Consumer Affairs, Sarah Jane ANDERSON hereby provides an assurance to the Commissioner that:

5.1.1 She will not engage in the business of a second-hand vehicle dealer whilst not being authorised to do so by licence under the AHVD Act.

6. ACKNOWLEDGEMENTS

Sarah Jane ANDERSON acknowledges that:

6.1 CBS will make this assurance publicly available including by publishing it on CBS’ public register of assurances on its website;

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

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

6.4 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 assurance (PDF 95KB)


Glen Bowden Building Solutions- assurance

Assurance to the Commissioner for Consumer Affairs given for the purposes of s79 of the

Fair Trading Act 1987 by:

Mr Glen Ronald Bowden

1. PERSONS GIVING THIS ASSURANCE

1.1 This Assurance is given to the Commissioner for Consumer Affairs by Mr Glen Ronald Bowen trading as Glen Bowden Building Solutions for the purposes of section 79 of the Fair Trading Act 1987

2. BACKGROUND

2.1 Mr Glen Ronald Bowden is a natural person.

2.2 Mr Glen Ronald Bowden holds Building Work licence BLD 30398 endorsed as: Building Work Supervisor.

3. CONDUCT OF CONCERN

3.1 On or about October 2014, Mr Glen Ronald Bowden entered into a domestic building work contract with Mrs Sue Tonkin to perform the building work on her property located at 7 Murray St, Hove SA when he was not authorised by a licence under Part 2 of the Building Works Contractors Act 1995 (SA) (the BWC Act) to contract for that work.

3.2 Mr Glen Ronald Bowden acknowledges he was not authorised by a licence issued under the BWC Act to contract for building work.

3.3 The Commissioner considers that, by engaging in the above conduct, Mr Glen Ronald Bowden may have breached section 6(1)(a) of the BWC Act.

4. COMMENCEMENT OF ASSURANCE

4.1 This assurance comes into effect when:

4.1.1 the assurance is executed by Mr Glen Ronald Bowden; and

4.1.2 the Commissioner for Consumer Affairs accepts the assurance so executed.

5. ASSURANCE BY MR GLEN RONALD BOWDEN FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987

5.1 In response to the concerns raised by CBS on behalf of the Commissioner for Consumer Affairs, Mr Glen Ronald Bowden hereby provides an assurance to the Commissioner that:

5.1.1 He will not contract for building work except as authorised by a licence issued under Part 2 of the BWC Act.

6. ACKNOWLEDGMENTS

Mr Glen Ronald Bowden acknowledges that:

6.1 CBS will make this assurance publicly available including by publishing it on CBS’ public register of assurances on its website;

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

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

6.4 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 assurance (PDF 83KB)


United Concrete Works Pty Ltd – assurance

Assurance to the Commissioner for Consumer Affairs given for the purposes of s79 of the

Fair Trading Act 1987 by:

United Concrete Works Pty Ltd (106 827 490)

1. PERSONS GIVING THIS ASSURANCE

1.1 This Assurance is given to the Commissioner for Consumer Affairs by United Concrete Works Pty Ltd (United Concrete) of Unit 4, 1042 Grand Junction Road, Holden Hill in the State of South Australia and Renate Paul Romano for the purposes of section 79 of the Fair Trading Act

2. BACKGROUND

2.1 United Concrete Works Pty Ltd is a proprietary company limited by shares.

2.2 United Concrete is licenced to contract for concrete floor paving, concrete path paving and footing construction services in South Australia.

3. CONDUCT OF CONCERN

3.1 On 8 January 2013, United Concrete entered into a domestic building contract with Mrs Black to supply and install exposed aggregate pebble paving at her residential address located at 8 Emily Ave, Clapham for the sum of $24,686.20.

3.2 United Concrete requested that Mrs Black pay a deposit of $18,500.

3.3 United Concrete and its Director are in breach of section 30(1)(b) of the Building Work Contractor Act 1995 (BWCA) having demanded payment of a deposit in excess of the prescribed amount that being not more than 5% of the contracted price or an amount not greater than $1234.30.

4. COMMENCEMENT OF ASSURANCE

4.1 This assurance comes into effect when :

4.1.1 the assurance is executed by United Concrete; and

4.1.2 the Commissioner for Consumer Affairs accepts the assurance so executed.

5. ASSURANCE BY UNITED CONCRETE FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987

5.1 In response to the concerns raised by CBS on behalf of the Commissioner for Consumer Affairs, United Concrete hereby provides an assurance to the Commissioner that:

5.1.1 all deposits for building work to be performed will be in accordance with the prescribed amount as determined by Regulation.

6. ACKNOWLEDGMENTS

United Co crete acknowledges that:

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

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

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

6.4 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 assurance (PDF 103KB)


Now Resources Pty Ltd (trading as Now Renovations) – assurance

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

Now Resources Pty Ltd (ACN 125 432 359)

1.PERSONS GIVING THIS ASSURANCE

1.1 This Assurance is given to the Commissioner for Consumer (the Commissioner) Affairs by Now Resources Pty Ltd (ACN 125 432 359) Unit 1, 16 McCourt Road, YARRAWONGA in the state of Northern Territory for the purposes of section 79 of the Fair Trading Act

2. BACKGROUND

2.1 Now Resources Pty Ltd is a proprietary company limited by shares.

2.2 Now Resources Pty Ltd (trading as Now Renovations) held licence number 205273 in South Australia to contract for building The conditions upon Now Resources’ building work contractor licence enabled it to contract for the following types of building work:

  • Brickpaving;
  • Carports;
  • Fencing, limited to post and rail;
  • Garden irrigation systems not exceeding 25mm;
  • General repairs;
  • Pergolas, verandahs and carports;
  • Retaining walls, limited to sleeper and drywall 1m in height;
  • Roof tiling, limited to restoration; and
  • Stormwater drainage, limited to 90mm.

2.3 Now Resources Pty Ltd entered into a building work contract with Community Caring Pty Ltd to perform building work on a property located at 13 lfould Road, Elizabeth Park, SA (the premises). The building work involved the replacement of the existing roof sheeting, internal carpentry and plasterworks on the premises (the building work).

2.4 On 20 October 2015, the building work contractor licence of Now Resources was cancelled.

3. CONDUCT OF CONCERN

3.1 Now Resources Pty Ltd entered into a building work contract with Community Caring Pty Ltd to perform the building work on the premises when it was not authorised by a licence issued under Part 2 of the Building Work Contractors Act 1995 (SA) (the BWC Act) to contract for that work.

3.2 Now Resources Pty Ltd acknowledges it was not authorised by a licence issued under the BWC Act to perform the building work on the premises.

3.3 The Commissioner considers that, by engaging in the above conduct, Now Resources Pty Ltd has breached section 6(1)(a) of the BWC Act.

4. COMMENCEMENT OF ASSURANCE

4.1 This Assurance comes into effect when:

4.1.1 the Assurance is executed by Now Resources Pty Ltd and its sole director and secretary, Mr Samuel Hedger; and

4.1.2 the Commissioner accepts the Assurance so executed.

5. ASSURANCE BY NOW RESOURCES PTY LTO FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987

5.1 In response to the concerns raised by Consumer and Business Services (CBS) on behalf of the Commissioner, Now Resources Pty Ltd hereby provides an Assurance to the Commissioner that:

5.1.1 it will not contract for building work except as authorised by a licence issued under Part 2 of the BWC Act.

6. ACKNOWLEDGMENTS

6.1 Now Resources Pty Ltd acknowledges that:

6.1.1 CBS will make this undertaking publicly available including by publishing it on the CBS public register of undertakings on its website;

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

6.1.3 this undertaking in no way derogates from the rights and remedies available to any other person arising from the alleged conduct; and

6.1.4 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 assurance (PDF 143KB)