8 Diamonds Pty Ltd and Ms Ly Thi Truc Tran – undertaking

UNDERTAKING

Liquor Licensing Act 1997

Section 119A(1)

Undertaking given to the Liquor and Gambling Commissioner for the purposes of s 119A(1) of the Liquor Licensing Act  1997 by:

8 Diamonds Pty Ltd

and

Ms Ly Thi Truc TRAN

Persons Giving This Undertaking

  1. This Undertaking is given to the  Liquor   and  Gambling  Commissioner  (the Commissioner) by 8 Diamonds Pty Ltd (ACN 164176845) and Ms Ly Thi True TRAN of 3  Monmouth  Street  RIDLEYTON  SA  5008,  in  the  State  of  South  Australia  for  the purposes of section 119A(1)(ii) of the Liquor Licensing Act 1997 (the Act”).

Background

2. 8 Diamonds  Pty  Ltd,  ACN:  164176845  is the  Licensee  for  the  Phonatic  Restaurant (“Phonatic”), approved under the Liquor Licensing Act 1997, Licence number 50628052 .

3. Ms Ly Thi Truc Tran is the Director for the Licensee 8 Diamonds Pty Ltd.

Conduct of Concern

4. On 10 April 2017, an event known as “Dante’s all Male Revue” was advertised on the facebook Events This event was scheduled to be held at Phonatic on Saturday  15 April 2017. This advertisement promoted that entertainment that would be provided and stated the associated admission fees contrary to condition 10 of the Restaurant  Licence which states:

”The premises  will not  promote  themselves  as  an  entertainment  venue,  collect  door charges or create queues for patrons waiting to enter the premises”.

5. The Licensee was issued a warning letter on 16 November 2016 for similar conduct.

6. As a result of the conduct set out in paragraph 4 the Licensee has failed to comply with the conditions of the Restaurant Licence in accordance with the requirements of section 45(a) of the Act.

7. On 15 April 2017 an event known as “Dante’s all Male Revue” was held at Phonatic . This event involved the provision of prescribed entertainment , namely entertainment of a sexually explicit nature. The licensee did not have the consent of the Commissioner to provide such entertainment and therefore contravened section 105(2) of the Act.

Contraventions of the Liquor Licensing Act  1997

8. The Commissioner considers, and the Licensee acknowledges, that by engaging in the conduct described in paragraph 3, the Licensee has contravened:

8.1 Section 45(a) of the Act; and

8.2 Section 105(2) of the Act.

9. The Commissioner  considers,  and Ms Tran acknowledges,  that  Ms Tran is vicariously liable for the actions of the Licensee pursuant to s 134 of the Act.

10. Upon being made aware of the Commissioner’s concerns, the Licensee:

10.1 Indicated a willingness to enter  into an undertaking  with  the  Commissioner pursuant to                          section 119A of the Act;

10.2 Ceased advertising events outside of its licence conditions;

10.3 Removed all existing advertising of the events listed.

11. Will not provide prescribed entertainment without the appropriate consent.

Undertaking

12. The Licensee undertakes to:

12.1 Comply with  all  of  the  conditions  of  the  Licence,  including  not  advertising events                                 outside of its licence conditions; and

12.2 Not use  any  part  of  the  licensed  premises  for  the  purposes  of  providing prescribed                               entertainment without the consent of the Commissioner

13 Ms Tran undertakes  that,  as  sole  director  of  the  Licensee,  she  will  ensure  that  the Licensee complies with the undertakings in 12.1 and 12.2.

Commencement  of Undertaking

14. This undertaking comes into effect when:

14.1 The undertaking is executed by the Licensee and Ms Tran; and

14.2 The Commissioner      accepts      the     undertaking      so     executed     (‘the                                                      commencement  date’).

Acknowledgements

15. The Licensee and Ms Tran acknowledge that:

15.1 CBS may make this Undertaking  publicly available including by publishing  it on the CBS                            public register of Undertakings and on its website; and

15.2 CBS may,  from  time  to  time,  make  public  reference  to  the  Undertaking including in                             news media statements and in CBS publications.

Signed undertaking (PDF 122KB)


East West Venture Pty Ltd – undertaking

UNDERTAKING

Liquor Licensing Act 1997

Section 119A

Undertaking to the Liquor and Gambling Commissioner; given for the purposes of s 119A of the Liquor Licensing Act  1997: 

East West Venture Pty Ltd [ACN 609 698 017]

Persons Giving this Undertaking

  1. This undertaking  is given to the  Liquor and Gambling  Commissioner  by East West Venture Pty Ltd of 22 Heathfield Road, Bellevue Heights in the State of South Australia for the purposes of section 119A of the Liquor Licensing Act 1997 (“the Act”).

Background

2. East West Venture Pty Ltd (“EWV”) is a proprietary company limited by shares.

3. East West Venture Pty Ltd has held a Restaurant Licence pursuant to Section 34 of the Act since 28 September 2016 in respect of the premises The Crane Japan Restaurant.

4. Mr Kwee Lin Yee (“Mr Yee”) is the sole director of East West Ventures Pty Ltd.

Conduct of Concern

5. That between the  period  14 December  2015  to 27 August  2016,  in the  course  of conducting  the  business  of The  Crane  Japan  Restaurant ,  EWV sold liquor without holding a licence under the Act.

Contraventions of the Liquor Licensing Act 1997

6. The Commissioner considers, and EWV acknowledges, that by engaging in the conduct described in paragraph 5, EWV contravened:

6.1 Section 29 of the Liquor Licensing Act

7. Upon being made aware of the Commissioner’s concerns, EWV:

7.1 Agreed to  provide  an  undertaking  to  the  Liquor  and  Gambling  Commissioner pursuant to section 119A of the Liquor Licensing Act 1997.

Undertaking

8. EWV undertakes to ensure that it will:

8.1 Not sell liquor without a licence; and

8.2 Comply with the conditions of the Restaurant Licence 50627048 .

Commencement of Undertaking

9. This undertaking comes into effect when:

9.1 The undertaking is executed by EWV; and

9.2 The Liquor and Gambling Commissioner accepts the undertaking so executed .

Acknowledgments

10. EWV acknowledges that:

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

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

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

Signed undertaking (PDF 86KB)


Waimea Pty Ltd – 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:

Waimea Pty Ltd, ACN 008 091 870, trading as Cheap as Chips

 1. PERSONS GIVING THIS UNDERTAKING

1.1 This Undertaking is given to the Commissioner for Consumer Affairs by Waimea 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;

3.1.14 BYS 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 Waimea Pty Ltd; and

5.1.2 the Commissioner for Consumer Affairs accepts the Undertaking so executed.

6. UNDERTAKING BY WAIMEA 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, Waimea Pty Ltd hereby provides an undertaking to the Commissioner that:

6.1.1 Waimea Pty Ltd will not breach the product safety provisions contained within the ACL.

6.1.2 Waimea 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 Waimea 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 Waimea 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 Waimea 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 Waimea Pty Ltd will nominate a person responsible for the implementation and maintenance of the product safety compliance program;

6.1.4.4 Waimea 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 Waimea Pty Ltd will maintain a register of staff signatures to confirm that they have undertaken the training mentioned in 6.1.4.4 and Waimea Pty Ltd will provide this to CBS within one month after the initial training has been completed.

 7. ACKNOWLEDGEMENTS

Waimea 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

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 238KB)


Sunil and Rani SURI (trading as All in One Discount Store) – 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:

Sunil SURI and Rani SURI:

  • trading as All in One Discount Store;
  • Australian Business Register trading name ‘All in One’, ABN 90 145 279 005;
  • Australian Securities and Investments Commission registered business name ‘All in One Bargain Store’;

herein after referred to as ‘All in One Discount Store’.

 1. PERSONS GIVING THIS UNDERTAKING

1.1 This Undertaking is given to the Commissioner for Consumer Affairs by Sunil SURI and Rani SURI of (…) 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 Sunil Suri and Rani Suri are trading as All in One Discount Store, ABN 90 145 279 005.

2.2 Sunil Suri and Rani Suri trade through two stores, one located within the Marden Shopping Centre, cnr Lower Portrush Road and Payneham Road, Marden, South Australia, and the other at 430 Brighton Road, Brighton, South Australia.

2.3 The businesses supply a range of household consumer goods, including a variety of children’s toys and aquatic products.

 2.4 Prior to the conduct of concern Consumer and Business Services (‘CBS’) had identified a prior potential breach that was dealt with administratively by way of warning and through removal of the relevant product.

3. CONDUCT OF CONCERN

3.1 On 7 October 2015, Compliance and Investigations Officers from Consumer and Business Services (‘CBS’) attended All in One Discount Store, located in the Marden Shopping Centre, Marden, South Australia, where they located a Love & Learn Infant Gift Set.

3.2 The Love & Learn Infant Gift Set is captured by the applicable mandatory safety standard toys for children up to and including 36 months of age.

3.3 The Love & Learn Infant Gift Set was subjected to indicative testing by Compliance and Investigations Officers in accordance with the applicable mandatory safety standard, which it failed.

3.4 On 16 February 2016, Compliance and Investigations Officers from CBS attended All in One Discount Store, located at 430 Brighton Road, Brighton, South Australia, where they located a Bestway Splash and Play Baby Pool in breach of the applicable safety standard under the ACL.

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. 14 of 2003 – Consumer Product Safety Standard: Toys for children up to and including 36 months of age is the applicable mandatory safety standard for children’s toys.

4.4.1 The mandatory safety standard is based on Australian Standard AS/NZS ISO 8124.1:2002 Safety of Toys, Part 1: Safety aspects related to mechanical and physical properties. AS/NZS ISO 8124.1:2002 is a voluntary standard except for those sections specifically called into the mandatory standard.

4.4.2 In the Schedule of the mandatory safety standard for toys it states “…toys for children up to and including 36 months of age, being objects manufactured, designed, labelled or marketed as playthings, including, but not limited to:

(a) rattles, toy dummies, teethers and squeeze toys;…”

4.4.3 Section 5.2 of AS/NZS ISO 8124.1:2002 sets a minimum required size for toys, or any removable component, or liberated component of a toy.

4.4.4 Section 5.24.2 of AS/NZS ISO 8124.1:2002 sets test specifications by way of a drop test that should not liberate parts that are less than the minimum size set in Section 5.2.

4.4.5 The Love & Learn Infant Gift Set is a three piece rattle set, and is captured by the mandatory safety standard for toys.

4.4.6 The Love & Learn Infant Gift Set was subjected to indicative testing by Compliance and Investigations Officers in accordance with 5.24.2 of AS/NZS ISO 8124.1:2002, which it failed.

4.4.7 In communication with Aman Suri, on behalf of Sunil Suri and Rani Suri, he advised that evidence was not able to be provided to confirm that the Love & Learn Infant Gift Set had been tested and meets the mandatory safety standard for toys.

4.5 The Consumer Goods (Portable Swimming Pools) Safety Standard 2013 is the applicable mandatory safety standard for portable swimming pools.

4.5.1 Section 5 of the mandatory safety standard for portable pools defines a portable swimming pool as “…a swimming pool that is:

(a) intended for personal, domestic or household use: and

(b)one of the following:

(i)an inflatable swimming pool, of any depth;

(ii) a soft-sided swimming pool, of any depth;

(iii) a rigid-sided swimming pool that is not deeper than 300mm.

4.5.2 Section 6 of the mandatory safety standard for portable pools requires portable pools to display a permanent warning message and sets the wording, placement and sizing of the warning message.

4.5.3 Section 7 of the mandatory safety standard for portable pools requires the retail packaging of portable pools to display a permanent waning message and sets out the wording, sizing and requires the placement of the warning message to be on the front of the retail packaging.

4.5.4 Section 8 of the mandatory safety standard for portable pools requires a portable swimming pool to display a certain safety sign.

4.5.5 The Bestway Splash and Play Baby Pool is captured by the definition of a portable swimming pool. The Bestway Splash and Play Baby Pool did not display the warnings as required by Section 6, 7 and 8 of the mandatory safety standard for portable pools.

 5. COMMENCEMENT OF UNDERTAKING

5.1 This Undertaking comes into effect when:

5.1.1 the Undertaking is executed by Sunil Suri and Rani Suri; and

5.1.2 the Commissioner for Consumer Affairs accepts the Undertaking so executed.

6. UNDERTAKING BY SUNIL SURI AND RANI SURI 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, we Sunil Suri and Rani Suri hereby provide an undertaking to the Commissioner that:

6.1.1 We will not breach the product safety provisions contained within the ACL.

6.1.2 We 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 We will not supply goods that are covered by an interim or permanent ban in accordance with the requirements of the ACL.

6.1.4 We 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 we are 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 we will nominate a person responsible for the implementation and maintenance of the product safety compliance program;

6.1.4.4 we 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 we 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 month after the initial training has been completed.

 7. ACKNOWLEDGEMENTS

We, Sunil Suri and Rani Suri, 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 324KB)


Chuan Jiang (trading as Kawaii $2.80 / Everything Elizabeth / Kawaii Fashion)- 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:

Chuan JIANG, Director of Kawaii Fashion Holdings Pty Ltd (ACN 158 866 016) and Kawaii Tradings Pty Ltd (ACN 167 959 962), trading as Kawaii $2.80, Kawaii $2.80 Everything Elizabeth and Kawaii Fashion

 

1. PERSONS GIVING THIS UNDERTAKING

1.1 This Undertaking is given to the Commissioner for Consumer Affairs by Chuan JIANG 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 Chuan Jiang is a sole Director of companies Kawaii Fashion Holdings Pty Ltd (ACN 158 866 016) trading as Kawaii Fashion and Kawaii Tradings Pty Ltd (ACN 167 959 962) trading as Kawaii $2.80 and Kawaii $2.80 Everything Elizabeth.

2.2 The businesses supply a range of personal and household goods, including a variety of cosmetic products, sunglasses and toys.

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 through removal and re-labelling of the relevant products.

 

3. CONDUCT OF CONCERN

3.1 On 18 November 2015, Compliance and Investigations Officers from CBS attended Kawaii $2.80 located at 66 King William Street, Adelaide, South Australia, where they located four (4) cosmetic products that were not labelled with their ingredients in English, namely:

3.1.1 ‘Tattoo Seal Angel Wings’, barcode 4 582186 037996;

3.1.2 ‘Loujene 12 Colours Eye Shadow Palette 03’, barcode 4 980299 044403;

3.1.3 ‘Crayon touch-me’, barcode 4 965412 230635; and

3.1. 4 ‘All in one’, barcode 4 965412 226263.

3.2 On 14 April 2016, Compliance and Investigations Officers from CBS attended Kawaii $2.80 Everything Elizabeth located at Elizabeth Shopping Centre, 50 Elizabeth Way, Elizabeth, South Australia, where they located one (1) type of cosmetic product that was not labelled with its ingredients in English, namely two flavours of a product named ‘Loujene Moisture Lip Cream’, barcodes 4 980299 011429 and 4 980299 011443.

3.3 The products listed in 3.1.1-3.1.4 and 3.2 are classified as cosmetic products as per the definition supplied in the applicable mandatory information standard for cosmetic products.

3.4 The products listed in 3.1.1-3.1.4 and 3.2 do not show their ingredients in English as per the requirements 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 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 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 Kawaii $2.80 and Kawaii $2.80 Everything Elizabeth and listed in 3.1.1-3.1.4 and 3.2 are captured by the definition of a cosmetic product. The products 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 Chuan Jiang; and

5.1.2 the Commissioner for Consumer Affairs accepts the Undertaking so executed.

 

6. UNDERTAKING BY CHUAN JIANG 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 Chuan Jiang, 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, Chuan Jiang, 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 281KB)


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.