PMH home improvements – public warning

The Commissioner for Consumer Affairs is issuing a public warning statement to warn consumers not to deal with a purported business by the name of PMH Home Improvements and individuals associated with the business using the names “Patrick” or “Dean”, operating in the Taperoo area in the North-western suburbs.

Residents in the Taperoo area have been door-knocked by these men offering home improvement services including the cleaning of driveways and roof tiles and concrete repairs. The attached flyers have also been distributed. The work carried out by these men has been substandard, and they are aggressive in their sales techniques and demands for money. The men have been described as having Irish accents and were driving a dual-cab Great Wall SA220 utility with Queensland registration “037 TSF”.

The Commissioner is warning the public about the alleged conduct as the Commissioner:

  1. has reasonable grounds to suspect that it may constitute breaches of the Australian Consumer Law;
  2. has reasonable grounds to suspect that PMH Home Improvements and the individuals associated are not licensed under the Building Work Contractors Act 1995 (SA) to carry out the building work;
  3. is satisfied that one of more persons have suffered, or is likely to suffer detriment as a result of the alleged conduct; and
  4. is satisfied that it is in the public interest to issue a public warning notice.

If anyone has any concerns about their dealings with PMH Home Improvements or the named individuals they should contact Consumer and Business Services on 131 882.

Signed public warning (PDF 136KB)


Shane Snellgrove – public warning

The Commissioner for Consumer Affairs is issuing a public warning statement to warn consumers not to deal with former real estate agent Shane Snellgrove.

Shane Snellgrove has been unlicensed as a land agent in South Australia since his registration was cancelled on 19 September 2013. Despite warnings by the Commissioner, Shane Snellgrove has continued to operate as a land agent unlicensed and advertise properties on his website www.shanesnellgrove.com.au.

Mr Snellgrove was recently made bankrupt by virtue of a Sequestration Order of the Federal Circuit Court of Australia.

The Commissioner is satisfied that it is in the public interest to warn consumers not to engage Shane Snellgrove as a real estate agent as he is currently unlicensed and there is a risk that consumers may suffer detriment and may not be afforded the protections provided by the Land Agents Act 1994 (SA).

If any consumer has outstanding dealings with Shane Snellgrove as a land agent please contact Consumer and Business Services on 131 882.

Signed public warning (PDF 40KB)


Itinerant bitumen layers operating in Riverland area – public warning

The Deputy Commissioner for Consumer Affairs is issuing a public warning statement to warn consumers not to deal with itinerant bitumen layers reportedly operating in the Riverland Area.

Two separate businesses in Loxton have been approached by men claiming to have leftover bitumen and offering to lay bitumen for payment in cash. The men were described as having Irish/English accents and drove a small tray top truck fitted with a black canopy.

The Deputy Commissioner has reasonable grounds to suspect that the bitumen layers are unlicensed and any bitumen laying services performed by them would be unsatisfactory.

Signed public warning (PDF 80KB)


Interim Ban Notice Extension issued by Minister for Business Services and Consumers – public warning

I, JOHN RAU, Minister for Business Services and Consumers, pursuant to section 111 (2) of the Australian Consumer Law (SA) EXTEND the interim ban on consumer goods specified below.

The effect of this Notice is to ban the supply of such consumer goods for a further period of 30 days. This Notice commences 1 February 2014.

Particulars of Consumer Goods

Any consumer good whose use is or includes a Scheduled Use where:

  1. the good is known by or contains any of the following names (including any colourable variation of the name): Pleasure Cruise Aphrodisiac Tea
  2. not being referred to in paragraph 1 of this Schedule, the good is:

a) an equivalent to goods specified in paragraph 1; or

b) supplied or offered for supply and represented as such an equivalent,

whether or not the relevant consumer good is supplied with a disclaimer to the effect that the consumer good is not intended for human consumption.

Interpretation :

In this instrument, Scheduled Use” in relation to consumer goods means :

  • Ingestion, injection or inhalation of the goods;
  • Smoking the goods;
  • Inhalation of fumes caused by heating or burning the goods; and
  • Any other means of introducing the goods into the body.

Signed public warning (PDF 266KB)


James Trimboli – public warning

The Commissioner for Consumer Affairs is issuing a public statement

  • to warn consumers about James Trimboli who has acted negligently in the course of conducting his business as an electrical contractor and performed negligent electrical work; and
  • to give information to consumers about James Trimboli who acted improperly in the course of conducting his business as an electrical contractor by failing to comply with a written undertaking he provided to the Office of the Technical Regulator.

Disciplinary proceedings were brought against James Trimboli in the District Court on 10 December 2013. The Court found that James Trimboli performed negligent electrical work at several properties between 2009 and 2012 . The electrical work was found to be unsafe and dangerous as it gave rise to an increased risk of electrical shock to persons, an increased risk of damage to property and equipment, an increased risk of fire at the premises and an increased risk of fire spreading .

The District Court made orders that James Trimboli be:

  • disqualified from being licensed as an electrical contractor under the Plumbers, Gas Fitters and Electricians Act 1995 (“the Act “)
  • disqualified from being registered as an electrical worker under the Act;
  • prohibited from being employed or otherwise engaged in the business of an electrical contractor pursuant to s 24(1)(e) of the Act ; and
  • prohibited from being a director of a body corporate that is an electrical contractor
  • pursuant to s 24(1)(f) of the Act.

All orders apply until further order of the court.

The Commissioner is satisfied that it is in the public interest to make this public statement identifying and warning about the unsatisfactory manner in which James Trimboli has performed electrical work services; and to provide information about matters which may adversely affect people in connection with the acquisition of electrical work services.

Signed public warning (PDF 247KB)


Interim Ban Notice issued by Minister for Business Services and Consumers – public warning

I, JOHN RAU, Minister for Business Services and Consumers , pursuant to section 109(1)(a)(ii) of the Australian Consumer Law (SA), IMPOSE an interim ban on consumer goods specified below.

The effect of this Notice is to ban the supply of such consumer goods for a period of 60 days .

This Notice commences with immediate effect on 4th December 2013.

Particulars of Consumer Goods

Any consumer good whose use is or includes a Scheduled Use where :

  1. the good is known by or contains any of the following names (including any colourable variation of the name): Pleasure Cruise Aphrodisiac Tea
  2. not being referred to in paragraph 1 of this Schedule , the good is:

a) an equivalent to goods specified in paragraph 1; or

b) supplied or offered for supply and represented as such an equivalent,

whether or not the relevant consumer good is supplied with a disclaimer to the effect that the consumer good is not intended for human consumption.

Interpretation   :

In this Instrument, “Scheduled Use” in relation to consumer goods means:

    • ingestion, injection or inhalation of the goods ;
    • smoking the goods;
    • inhalation of fumes caused by heating or burning the goods; and
    • any other means of introducing the goods into the body.

Signed interim ban notice (PDF 199KB)


Ali Faraj (formally known as Kamel Kaseem & Kamel Mousselmani) – public warning

The Commissioner for Consumer Affairs is issuing a public statement:

  • to warn consumers about Ali Faraj (formerly known as Kamel Kaseem and Kamel Mousselmani) who has supplied building work services in an unsatisfactory manner; and
  • to give information to consumers about Ali Faraj who carried on the business as a building work contractor and as a second-hand vehicle dealer, without the required licences to do so.

Ali Faraj was convicted in 2012 in the Adelaide Magistrates Court of 11 offences against the Building Work Contractors Act  1995 (“BWC Act”) for which he was fined $57,000 and was ordered to pay $60,000 compensation.

Disciplinary proceedings were subsequently brought against Ali Faraj in the District Court. On 15 November 2013 the District Court found that Ali Faraj conducted extensive building work whilst not being licensed to do so, failed to take out the required insurance, failed to contract in writing as required, undertook building work negligently and after being convicted in the Magistrates Court of regulatory offences concerning such work continued to advertise and seek further building work. The District Court made the following orders that Ali Faraj be:

  • disqualified from being licensed or registered under the Building Work Contractors Act 1995 until further order;
  • prohibited from being employed or otherwise engaged in the business of a building work contractor until further order; and
  • prohibited from being the director of a body corporate that is a building work contractor until further order.

On 18 November 2013, Ali Faraj was also convicted by the Magistrates Court for one count of carrying on business as a second-hand dealer without a licence to do so contrary  to  the  Second-hand Vehicle  Dealers  Act 1995 for which  he  was  fined $33,000.

The Commissioner is satisfied that it is in the public interest to make this public statement identifying and warning about the unsatisfactory manner in which Ali Faraj has supplied building work services; and to provide information about matters which may adversely affect people in connection with the acquisition of building work services and second-hand vehicles.

Signed public warning (PDF 177KB)


Nicholas White and Oz Car Wholesale Pty Ltd – public warning

The Commissioner for Consumer Affairs is issuing a public warning notice to warn consumers not to deal with former second-hand vehicle dealer Nicholas White or Oz Car Wholesale Pty Ltd. Nicholas White is the sole director of Oz Car Wholesale Pty Ltd, which also trades or has traded under the names Value Plus Autos, OzCar Used, Beejay Autos, European Auto Brokers, and Go Budget Price Cars.

Consumer and Business Services (CBS) has received a number of complaints from consumers who have had dealings with Nicholas White or Oz Car Wholesale Pty Ltd (“the dealer”) in respect of second-hand vehicles. The complaints allege that:

  • Consumers have purchased extended vehicle warranties only to discover the warranty was never lodged by the dealer and consumers have not been able to obtain warranty documentation from the dealer, leaving the consumer to pay for the repairs;
  • The dealer has failed to carry out repairs for warrantable defects and failed to reimburse consumers for repairs carried out within the statutory warranty;
  • The dealer took a vehicle to sell on consignment which then subsequently “disappeared” from the car yard, leaving the consumer with no car or payment;
  • The dealer took a deposit for a vehicle which the dealer subsequently claimed to be “stolen” and failed to refund the deposit to the consumer;
  • The dealer failed to refund a consumer for the purchase price of a vehicle found to be defective; and
  • The dealer sold a vehicle on consignment for a consumer and then paid the consumer with cheques which were dishonoured.

Oz Car Wholesale Pty Ltd and Nicholas White are no longer licensed under the Second­ Hand Vehicle Dealers Act 1995 and are therefore unauthorised to trade in second-hand vehicles.

The Commissioner is warning the public about the alleged conduct as the Commissioner:

  1. has reasonable grounds to suspect that it may constitute a breach of s 158(7) of the Australian Consumer Law, namely accepting payment for goods or services and failing to supply those goods or services within a reasonable time;
  2. is satisfied that one or more persons has suffered, or is likely to suffer detriment as a result of the alleged conduct; and
  3. is satisfied that it is in the public interest to issue a public warning notice.

If anyone has any concerns about their dealings with Nicholas White or Oz Car Wholesale Pty Ltd, they should contact CBS on 131 882.

Signed public warning (PDF 191KB)


Stephen Jones trading as ETCH Studio – public warning

The Commissioner for Consumer Affairs has issued a public warning notice to warn consumers about the alleged conduct of Steven Jones trading as ETCH Studio.

Steven Jones is a photographer specialising in wedding photography . Consumer and Business Services (CBS) has received complaints from consumers who have entered into contracts with Steven Jones for wedding packages and did not receive all items included in the package.

Steven Jones has failed to attend Compulsory Conciliation Conferences scheduled by CBS to resolve an outstanding dispute with a consumer and has failed to fulfil his obligations under Instruments of Agreement entered into with two other aggrieved consumers .

The Commissioner is warning the public about the alleged conduct as the Commissioner :

  1. has reasonable grounds to suspect that it may constitute a breach of s 158(7) of the Australian Consumer Law, namely accepting payment for goods or services and failing to supply those goods or services within a reasonable time;
  2. is satisfied that one or more persons has suffered, or is likely to suffer detriment as a result of the alleged conduct ; and
  3. is satisfied that it is in the public interest to issue a public warning notice.

Signed public warning (PDF 199KB)