The business or trader can make an offer to Consumer and Business Services (CBS) that allows them to keep working as long as they stop the conduct or activities that have broken the law.
If CBS accepts the offer, the business must agree to:
- take responsibility for their conduct
- co-operate with CBS investigators
The business may also be asked to:
- undo the harm caused to the consumer
- show how the business will comply in the future.
Current assurances and undertakings
PRM Fabrication Engineering – Undertaking 16 August 2018 - Nicholas Daniel Cimesa trading as PRM Fabrication Engineering entered into an undertaking with Consumer and Business Services (CBS) to not accept payment for goods or services and fail to provide those goods or services within a reasonable time. Signed undertaking (PDF 141KB) Gardenia Home Garden Decor – Undertaking 14 August 2018 - Gardenia Home Garden Decor Pty Ltd, Ducco Pty Ltd and the directors Mr Teo and Mr Nguyen have entered into an undertaking with Consumer and Business Services (CBS) to voluntary recall decorative alcohol fuelled devices that failed to meet the mandatory safety standards. Gardenia Home Garden Decor signed undertaking (PDF 1.4KB) Color life – undertaking 6 August 2018 - Emall Pty Ltd trading as Color Life has entered into an undertaking with Consumer and Business Services (CBS) to voluntarily recall 3 styles of baby cots that fail to meet Australian safety standards. The business, who sells online, is required to contact all customers who bought cots to discontinue using the cot and destroy them Continue reading Spend A Penny – undertaking 19 July 2018 - John Farrugia, Mary Farrugia, Rosemarie Farrugia and David Farrugia trading as Spend A Penny have acknowledged that they breached section 106 and 136 of the Australian Consumer Law by supplying, offering for supply, manufacturing, possessing, or having control of consumer goods that do not comply with an applicable safety and information standard. The partnership gave Continue reading Lauchlan Green trading as Everyday Green – assurance 5 June 2018 - Lauchlan Green of Everyday Green acknowledged that he breached section 6 of the Building Work Contractors Act 1995 by carrying out work which required a licence. The breach related to a contract to undertake residential paving work. Mr Green has entered into an assurance with the Commissioner that states he will repay the customers and not Continue reading Car re-sellers put on notice – assurances 22 May 2018 - Four South Australians have been put on notice after allegedly selling cars without a second hand vehicle dealer’s licence. An investigation by Consumer and Business Services revealed that: Peter William Somers of Cooltong was believed to have bought, sold or offered for sale nine cars for between $750 and $5,000 between August 2016 and August Continue reading Unlicensed real estate agent agrees to additional training – assurance 16 April 2018 - A real estate agent who allegedly acted as a sales representative for a land agent while unlicensed has agreed to commence further training as part of an enforceable undertaking he has entered into with South Australia’s consumer watchdog. Marc Olsen’s sales representative licence was cancelled in February 2017, after he failed to renew it. An Continue reading Building contractor pays back customers for unfinished work – assurance 11 April 2018 - A building contractor has acknowledged that he likely breached consumer protection laws, after allegedly accepting payment for work at homes that he did not complete. Consumer and Business Services allege that Mr Katsikas accepted payments exceeding $48,000 between February 2016 and March 2017, for building work on four properties which he began but failed to Continue reading Bramalco to review consumer law practices – statement 8 March 2018 - Bramalco Pty Ltd, trading as Modern, has given a formal undertaking to the state’s consumer watchdog, after allegedly breaching customers’ cooling off rights and engaging in false, misleading or deceptive conduct on several occasions. Under the arrangement, Bramalco is required to engage an independent professional to review its consumer law compliance program, including the effectiveness Continue reading Industry warned of potential for criminal law breaches – statement 16 February 2018 - A real estate agent who allegedly contravened property rules has acknowledged the breach likely occurred. He has provided an assurance that he will not repeat his actions. The assurance provided by M&G Property Group Pty Ltd trading as Elders Mawson Lakes and its director, Mr Domenico Mastrogiacomo for two contraventions are a timely warning to Continue reading Steve Jackson Real Estate – assurance 6 February 2018 - ASSURANCE Fair Trading Act 1987 Section 79 Assurance to the Commissioner for Consumer Affairs given for the purposes of s79 of the Fair Trading Act 1987 by: Mr Steve Jackson (ABN 52 626 867 100) TIA Steve Jackson Real Estate PERSONS GIVING THIS ASSURANCE 1. This Assurance is given to the Commissioner Continue reading Wiltshire (trading as ‘Shed Weld’)- assurance 29 November 2017 - Australian Consumer Law (SA) Section 218 Undertaking to the Commissioner for Consumer Affairs given for the purposes of s218 of the Australian Consumer Law (SA) by: Mr Jamie Wiltshire PERSONS GIVING THIS ASSURANCE 1. This Assurance is given to the Commissioner for Consumer Affairs (“the Commissioner”) by Mr Jamie Wiltshire for the purposes of section 218 Continue reading Iguana Investments Pty Ltd – assurance 27 November 2017 - South Australia’s consumer watchdog has warned ASSURANCE Fair Trading Act 1987, Section 79 Assurance to the Commissioner for Consumer Affairs given for the purposes of section 79 of the Fair Trading Act 1987 by: Iguana Investments Pty Ltd (ACN 136 733 161) 1. PERSONS GIVING THIS ASSURANCE 1.1. This assurance is given to the Commissioner Continue reading Robert Johnson Vineyards – undertaking 16 November 2017 - South Australia’s consumer watchdog has warned wineries and cellar doors to adhere to their obligations under the Liquor Licensing Act 1997 (SA), after a cellar door in the Adelaide Hills allegedly sold wine without a licence. UNDERTAKING Liquor Licensing Act 1997 Section 119A(1) Undertaking given to the Liquor and Gambling Commissioner for the purposes of Continue reading The Corner Bistrot – undertaking 21 September 2017 - A Leigh Street restaurant has entered into a legally enforceable undertaking with South Australia’s liquor licensing authority after allegedly breaching its licence conditions and the Liquor Licensing Act. UNDERTAKING Liquor Licensing Act 1997 Section 119A(1) Undertaking given to the Liquor and Gambling Commissioner for the purposes of section 119A(1) of the Liquor Licensing Act 1997 Continue reading Wilted spinach – undertaking 22 August 2017 - South Australia’s consumer watchdog has warned restaurant owners to adhere to their obligations under the Liquor Licensing Act, after a café on the Fleurieu Peninsula was found in breach. UNDERTAKING Liquor Licensing Act 1997 Section 119A(1) Undertaking given to the Commissioner for Consumer Affairs given for the purposes of section 119A(1) of the Liquor Licensing Continue reading Eric Seed Holdings Pty Ltd – undertaking 22 August 2017 - South Australia’s consumer watchdog has warned hotel owners to adhere to their obligations under the Gaming Machines Act 1992, after a hotel in Dublin was found in breach. UNDERTAKING Gaming Machines Act 1992 Undertaking given to the Liquor and Gambling Commissioner for the purposes of the Gaming Machines Act 1992 by: Eric Seed Holdings Pty Continue reading
Court outcomes and public assurances and undertakings archive