Regulatory changes

Simplify Day – 10 August 2017

Read the 2017 Simplify Day report

Second hand vehicle dealers

Dealers trading from more than one premises now only need to pay one SHVD compensation fund fee each year. Other changes included a reduction in the prescribed amount dealers must contribute to the fund and a reintroduction of the dealer’s handling fee to assist with the costs associated with the transfer of a vehicle’s registration.

The requirements on some prescribed notices have been changed to increase transparency for consumers and potentially save licensed dealers a combined total of more than $120,000 each year.

The updated Second-hand Vehicle Dealers Regulations 2017 (PDF 260KB) commenced on 1 September 2017.

Land agents licence exemptions

High-end and related commercial property owners will be exempt from holding a land agent registration.

The Land Agents (Simplify No 2) Variation Regulations 2017 were made on 8 August 2017 and the exemptions for commercial property managers commenced on 1 November 2017.

Vendor’s statement

Information required for the Form 1 vendors’ statement will be reviewed to ensure the need for disclosed information is relevant while continuing to protect the consumer. The review will investigate other accessible options for providing the information to consumers and involve consultation in 2018 and beyond.

Associations

The review of the Associations Incorporation Act 1985 is now complete. The government is currently considering the timeframes for legislative amendments.

Simplify Day – 15 November 2016

Read the 2016 Simplify Day report

Non-active partners – exemption

A non-active partner may apply for an exemption from holding a CBS building, plumbing, gas fitting or electrical (trade) licence. A non-active partner is a registered business partner who does not independently quote, contract, perform or supervise licensed work or actively manage any trade work. Non-active partners are often spouses of licensed contractors undertaking administrative duties only such as book keeping, advertising, purchasing etc.

Non-active partners must not have been previously suspended or disqualified from an occupation or business under any Australian law. They also must not have been deemed insolvent or bankrupt as an individual or director of a company in the past five years.

Licensees that are limited to operating in partnerships are ineligible. This limitation is listed on your card or you can check the public register or call us to verify. The continuing licence holder may need to upgrade their licence.

Applying for an exemption  If you are applying for a new licence a non-active partner will need to apply online for an exemption from holding a licence (use the ‘apply for an exemption’ button below). You will only need to do this once when you are applying for a new licence and there is no cost for this application.

If you are a non-active partner and want to surrender a current licence as part of this process , use the ‘apply to surrender your licence’ button below to apply.

Change in circumstances  You will need to notify CBS if your circumstances change. You may need to hold a contracting licence to quote, contract and perform work and a supervisor or worker registration if you physically perform the work.

False information – Penalties of up to $50,000 and a possible prison term apply if you provide false information or work as an active partner without a licence. CBS encourages you to report anyone working without an appropriate licence at cbs.sa.gov.au/dob-in.
Apply to surrender your licence (currently LICENSED)

Apply for an exemption (currently UNLICENSED)

Building and other trades

Penalty fees for the late renewal of occupational licences have been removed. Final notices will be sent without additional fees and the licence cancelled if not renewed.

Conveyancing

Body corporate conveyancers no longer need to seek the Commissioner’s approval to operate in partnership, removing administrative red tape for both conveyancers and the government.

Gaming

Bookmakers no longer need to obtain permits to operate at particular race meets, removing administrative red tape for both bookmakers and the government – excluding bets made by phone or electronically – eg over the internet.

Second hand vehicle dealers

Dealers no longer need to seek the Commissioner’s approval for business premises. This is replaced by a simpler notification requirement. Dealers will also no longer need approval to trade at temporary premises, such as a trade shows or events provided they are less than seven days.

Penalty fees for late renewal licences will also be removed.

Compensation claims against the Second-hand Vehicles Compensation Fund will now be made to the Commissioner. While claimants no longer need to apply to the Magistrates Court, a right of appeal remains if there is a disagreement to the decision of the Commissioner.

Apply now

 

Visit Simplify Day on the Department of Treasury and Finance’s website for more information.


Buying a used car?

You might save a few dollars if you buy from a private seller, but there are more risks than buying from a licensed car dealer.

Used cars – don’t miss out on warranty protection.

Transcript – warranty protection

Used cars – avoid hidden damage when buying a vehicle.

Transcript – hidden damage

Used cars – make sure your car doesn’t get repossessed.

Transcript – repossessed

Checklist – before you buy:

  • Set a price limit you can afford. Allow for stamp duty, transfer fees, registration and insurance.
  • Take your time. Don’t be rushed or pressured.
  • Shop around for the best deal.
  • Have the car checked by a qualified independent mechanic before you buy
  • Don’t sign anything until you’re sure the car is okay and you really want to buy it
  • When you buy a car it will need to be registered in your name.

If you buy from a car dealer:

  • Understand your rights and the dealer’s obligations
  • Check what is covered by the warranty
  • Inspect the white display sheet on the car
  • Have everything you negotiate with the dealer in writing
  • Check the dealer’s licence is up to date

If you buy privately:

  • Is the seller the registered owner? If not, is there a genuine reason?
  • Check that the car hasn’t been stolen, flood damaged or written off, and that no money is owed on the car. Visit the Personal Property Securities Register

For more information

Helpful links

 


Plumbers licence – name change

Consumer and Business Services (CBS) has worked with the plumbing industry to review and simplify plumbing licence names.

The revised licence names won’t change the scope of work that the plumber could perform before the changes.

The new plumbing worker registrations include:

  • Advanced plumber – can perform any plumbing work
  • Restricted advanced plumber – can perform plumbing work as per their plumbing specialty
  • Plumber – must work under the direction of an Advanced Plumber or Restricted Advanced Plumber per their plumbing specialty
  • Restricted plumber – must work under supervision eg an apprentice or an overseas trained plumber undertaking Australian context gap training

For example:

Current licence New licence
Plumbing Workers Registration
Can provide technical direction and able to certify
OR
Can perform any plumbing work
Plumbing Worker Registration
Advanced plumber
Can perform any plumbing work
Restricted Plumbing Workers Registration – Water Plumbing Work Restricted Plumbing Worker Registration
Restricted Advanced Plumber
Can perform water plumbing work
Restricted Plumbing Workers Registration – Sanitary Plumbing – Under technical direction Restricted Plumbing Worker Registration
Plumber
Can perform sanitary plumbing work under the direction of an appropriately registered plumbing worker
Restricted Plumbing Workers Registration – While employed under a contract of training, limited to any plumbing work under the supervision of an appropriately registered plumbing worker.  Does not include the installation, alteration, repair or maintenance of fire sprinklers Restricted Plumbing Worker Registration
Restricted Plumber
While employed under a contract of training, limited to any plumbing work under the supervision of an appropriately registered plumbing worker. Does not include the installation, alteration, repair or maintenance of fire sprinklers

 

Clarification of plumbing terms (no change to scope of work)

Plumbing Work Plumbing work means sanitary plumbing work or draining work or water plumbing work or the installation or testing of backflow prevention devices.
Sanitary Plumbing Work Sanitary plumbing work means the installation, alteration, repair, maintenance or disconnection of pipes or equipment to receive and convey wastewater to sanitary drains (including associated plumbing ventilation equipment and pipework), and includes work of a class prescribed by regulation.
Draining Work Draining work means the installation, alteration, repair, maintenance or disconnection of sanitary drains or stormwater drains, and includes work of a class prescribed by regulation.
Sanitary drain means pipes and equipment to collect and convey wastewater from a sanitary plumbing installation to an on-site wastewater treatment facility or a public sewerage or effluent disposal system; and
Stormwater drain means pipes and equipment to collect and convey stormwater to a public stormwater disposal system.
Water Plumbing Work Water plumbing work means the installation, alteration, repair, maintenance or disconnection of water pipes or equipment (including water heaters) to be connected directly or indirectly to a public water supply system, and includes work of a class prescribed by regulation (includes the Installation and commissioning of fire hydrant and hose reel systems).
 Backflow Prevention Work Backflow prevention work consisting of the installation, alteration, repair, maintenance or disconnection of testable backflow prevention devices.
Fire Protection Fire protection work means the installation, alteration, repair, maintenance or disconnection/reconnection of fire protection pipes or fire protection equipment to be connected directly or indirectly to a public water supply system.
Irrigation Work Irrigation work means the installation, alteration, repair, maintenance or disconnection/reconnection of dedicated non-pressurised irrigation pipe work and equipment connected downstream of a backflow prevention device, master valve or solenoid valve.

Please contact CBS via occupational@sa.gov.au or phone 131 882 should you have queries in relation to the change of plumbing names.


Changes to residential tenancies legislation – CBS News

Commencing 3 July 2017

The changes aim to clarify or provide solutions to several administrative issues that have been raised by industry.  It is important that all parties to a residential tenancy understand their rights and obligations.

Right to entry – section 72

In most cases, the landlord must provide a minimum period of notice to the tenant to attend the premises. However, there may be circumstances where the tenant would like the landlord to attend the premises more quickly to deal with certain matters.

The changes now allow the landlord to attend the premises at the tenant’s request to:

  • Carry out non-urgent repairs and maintenance (including garden maintenance) without the landlord needing to give the required notice.
  • Show the property to prospective tenants as soon as possible to minimise break lease fees, if the tenant wants to terminate the lease early (at least 28 days earlier).

Other than these circumstances, the existing notice periods and requirements for showing prospective tenants through the property still apply.

Landlords cannot initiate or entice any request. The request must be the tenant’s own choice.

Termination by tenant if residential premises for salesection 85A

If the landlord enters into a contract for sale of the property within two months after the tenancy commences and the landlord did not inform the tenant (before entering into the tenancy) of their intention to sell then the tenant has the right to terminate the lease.

If the landlord:

  • Gives the tenant written notice of the contract for sale of the property, then the tenant must exercise their right to terminate within two months of receiving this notice.
  • Does not give written notice to the tenant, then the tenant may terminate the lease at any time.

This amendment only applies to new tenancy agreements entered into on or after 3 July 2017.

Abandoned property – other than personal documents  – section 97B

Presently, once a landlord has taken possession of the premises, they must wait two business days before removing, destroying or disposing of abandoned property. The landlord must allow the tenant reasonable access to the property during this time to reclaim abandoned items.

New Form 2

The Form 2 ‘Notice by landlord to remedy breach of agreement – Notice of termination’ has been updated to reflect information about delivery by ordinary post and to clarify existing requirements to complete and serve the notice on the tenant.

The new Form 2 is available from the sa.gov website.

There will be a transition period for using the new Form 2. Old versions can still be used up until the end of September 2017. However, from 3 July 2017 landlords/agents are encouraged to complete the new Form 2.

For more information

Residential Tenancies (Miscellaneous) Amendment Act 2016

 


SA government collaboration

CBS in conjunction with SAPOL, SafeWork SA and the City of Adelaide recently participated in a joint operation targeting safety for patrons and staff at licensed venues in the Adelaide CBD. This initiative links to the ‘creating a vibrant city’ priority, one of the South Australian government’s seven strategic priorities. Minimising alcohol fuelled violence ensures that Adelaide continues to attract visitors that can enjoy a safe city.

Although a number of offences were detected and addressed, all compliance officers involved were generally pleased with the results. Each regulator had a different focus area however a collaborative approach meant resources were used more efficiently.

CBS officers focused on compliance with regulatory requirements relating to the supervision and management of licensed premises as well as compliance with the codes of practice. With twelve premises visited, CBS officers detected no breaches and were impressed with the high level of compliance.

Building relationships with other like minded government agencies is advantageous for future operations and intelligence building. A shared presence in the field often acts as a deterrent and instills community confidence.

Some fines and reports were issued by SAPOL rendering the operation a success and ensuring that venues, patrons and employees remain safe.