Undertaking to the Commissioner for Consumer Affairs given for the purposes of s218 of the Australian Consumer Law (SA) by:
Mr Yonghua LU
1. Persons Giving This Undertaking
1.1 This Undertaking is given to the Commissioner for Consumer Affairs by Yonghua LU of 62 Parkway Circuit, PARAFIELD GARDENS, SA in the State of South Australia for the purposes of section 218 of the Australian Consumer Law (SA).
2.1 Mr Yonghua Lu is a natural person.
2.2 Mr Yonghua Lu, at all material times was not registered pursuant to the Corporations Act 2001 (Cth), nor was he director of any duly incorporated entity registered pursuant to the Corporations Act 2001 (Cth).
2.3 Mr Yonghua Lu does not hold a licence pursuant to Section 6(1) of the Building Work Contractors Act 1995.
2.4 Mr Yonghua Lu advertised as being entitled to carry on business as a building work contractor.
2.5 Consumer and Business Services (CBS) received a consumer complaint regarding the standard of building renovation work (building work) undertaken by Yonghua Lu acting as the building work contractor.
3. Conduct of Concern
3.1 The conduct of concern is that Mr Yonghua Lu advertised and otherwise held himself out as being entitled to contract for building work, and contracted for building work without holding the required licence pursuant to s6(1) of the Building Work Contractors Act 1995. It is alleged that advertisements included a false building work contractor’s licence number.
3.2 It is further alleged that Mr Yonghua Lu’s quality of work was poor and included electrical and plumbing work undertaken by unregistered workers engaged by Mr Yonghua Lu.
3.3 As a result of the conduct set out in paragraph 1 and 3.2 (above) Mr Yonghua Lu is likely to have breached section 18(1) of the Australian Consumer Law (SA) by engaging in conduct that is misleading and deceptive or is likely to mislead or deceive.
3.4 As a result of the conduct set out in paragraph 3.1 and 3.2 (above) Mr Yonghua Lu was likely to have breached section 29(1)(h) of the Australian Consumer Law (SA) by making false and misleading representations that Mr Yonghua Lu is authorised to carry on business as a building work contractor.
4. Contraventions of the ACL
4.1 The Commissioner considers, and Mr Yonghua Lu acknowledges , that by engaging in the conduct described in sections 3.1 and 3.2, Mr Yonghua Lu may have contravened:
- Section 18(1) of the ACL;
- Section 29(1)(h) of the ACL
Upon being made aware of the Commissioner’s concerns, Mr Yonghua Lu:
4.2 Indicated a willingness to resolve this matter by providing an undertaking pursuant to section 218 of the ACL;
4.3 Indicated that he had ceased advertising for any building work;
4.4 Indicated that any existing advertising had been removed from the internet or print media;
4.5 Indicated he is no longer contracting for any building work;
4.6 Indicated he is now working in his qualified trade of welder.
5. Commencement of Undertaking
5.1 This undertaking comes into effect when:
5.1.1 The undertaking is executed by Mr Yonghua Lu; and
5.1.2 The Commissioner for Consumer Affairs accepts the undertaking so executed (‘the commencement date’).
6. Undertakings by Mr Yonghua Lu for the purposes of section 218 of the ACL
6.1 Mr Yonghua Lu undertakes that he will not contract for any building work , advertise or otherwise hold himself out as being entitled to contract for building work.
6.2 Mr Yonghua Lu undertake that he will not contract for any plumbing, gas fitting or electrical work , advertise or otherwise hold himself out as being entitled to contract for plumbing, gas fitting or electrical work .
Signed undertaking (PDF 134KB)