Assurance to the Commissioner for Consumer Affairs given for the purposes of s79 of the Fair Trading Act 1987 by:
Darren BEATY Trading as Adelaide Custom Cabinets
1. PERSONS GIVING THIS ASSURANCE
1.1 This Assurance is given to the Commissioner for Consumer Affairs by Darren Oliver BEATY of 43 Joanne Terrace, Parafield Gardens in the State of South Australia for the purposes of section 79 of the Fair Trading Act 1987
2.1 Darren Beaty is an individual, trading as Adelaide Custom Cabinets, Australian Business Number 52 594 615 394.
2.2 Mr Beaty is not licensed to contract for building work.
2.3 In July 2015, Mr Beaty was alleged to have advertised, contracted for and performed building work in breach of the Building Work Contractors Act 1995.
3. CONDUCT OF CONCERN
3.1 On 14 July 2015, information was received by Consumer and Business Services (CBS) indicating that Mr Beaty was advertising for building work on Facebook and Gumtree, and contracting for building work whilst unlicensed.
3.2 CBS, on behalf of the Commissioner for Consumer Affairs, commenced an investigation into the alleged conduct of Mr As a result of its investigation, CBS is concerned that Mr Beaty:
- advertised or otherwise held himself out as being entitled to carry on business as a building work contractor in circumstances where Mr Beaty did not hold the required licence; and
- made false or misleading representations that he has the necessary approval to carry on business as a building work contractor; and
- carried on business as a building work contractor in circumstances where Mr Beaty did not hold the required licence.
4. RELEVANT PROVISIONS
4.1 Section 6(1)(a) of the Building Work Contractors Act 1995 relevantly provides that a person must not carry on business as a building work contractor unless authorised by a licence.
4.2 Section 6(1)(b) of the Building Work Contractors Act 1995 relevantly provides that a person must not advertise, or otherwise hold himself or herself out as being entitled to carry on business as a building work contractor unless authorised to carry on business as such a contractor by a licence.
4.3 Section 29(1)(h) of the Australian Consumer Law relevantly provides that a person must not make a false or misleading representation that the person making the representation has a sponsorship, approval or affiliation.
5. CONTRAVENTIONS OF THE BUILDING WORK CONTACTORS ACT 1995 AND AUSTRALIAN CONSUMER LAW
5.1 CBS considers, and Darren Beaty acknowledges, that by engaging in the conduct described in paragraphs 3.2(i), 3.2(ii) and 3.2(iii) above, Darren Beaty may have contravened Section 6(1)(a) and 6(1)(b) of the Building Work Contractors Act 1995 and Section 29(1)(h) of the Australian Consumer Law.
6. Upon being made aware of CBS’ concerns, Darren Beaty removed the advertisement from Facebook and Gumtree and applied to attend the relevant courses at the Master Builders Association in order to gain the required licence.
7. COMMENCEMENT OF ASSURANCE
6.1 This Assurance comes into effect when:
6.1.1 the Assurance is executed by Darren Beaty; and
6.1.2 the Commissioner for Consumer Affairs accepts the Assurance so executed.
8. ASSURANCE BY DARREN BEATY FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987
8.1 In response to the concerns raised by CBS on behalf of the Commissioner for Consumer Affairs, I Darren Beaty hereby provide an assurance to the Commissioner that:
8.1.1 I will not advertise, hold myself out, tender for, or seek employment either paid or not, as a Building Work Contractor without a Building Work Contractors Licence.
9. I will not perform building work without a Building Work Contractors Licence.
Darren Beaty acknowledges that:
9.1 CBS will make this assurance publicly available including by publishing it on CBS’ public register of Assurances on its website;
9.2 CBS will, from time to time, make public reference to the assurance including in news media statements and in CBS publications;
9.3 This assurance in no way detracts from the rights and remedies available to any other person arising from the alleged conduct; and
9.4 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 116KB)