Assurance to the Commissioner for Consumer Affairs given for the purposes of s79 of the Fair Trading Act 1987 by:
Now Resources Pty Ltd (ACN 125 432 359)
1.PERSONS GIVING THIS ASSURANCE
1.1 This Assurance is given to the Commissioner for Consumer (the Commissioner) Affairs by Now Resources Pty Ltd (ACN 125 432 359) Unit 1, 16 McCourt Road, YARRAWONGA in the state of Northern Territory for the purposes of section 79 of the Fair Trading Act
2.1 Now Resources Pty Ltd is a proprietary company limited by shares.
2.2 Now Resources Pty Ltd (trading as Now Renovations) held licence number 205273 in South Australia to contract for building The conditions upon Now Resources’ building work contractor licence enabled it to contract for the following types of building work:
- Fencing, limited to post and rail;
- Garden irrigation systems not exceeding 25mm;
- General repairs;
- Pergolas, verandahs and carports;
- Retaining walls, limited to sleeper and drywall 1m in height;
- Roof tiling, limited to restoration; and
- Stormwater drainage, limited to 90mm.
2.3 Now Resources Pty Ltd entered into a building work contract with Community Caring Pty Ltd to perform building work on a property located at 13 lfould Road, Elizabeth Park, SA (the premises). The building work involved the replacement of the existing roof sheeting, internal carpentry and plasterworks on the premises (the building work).
2.4 On 20 October 2015, the building work contractor licence of Now Resources was cancelled.
3. CONDUCT OF CONCERN
3.1 Now Resources Pty Ltd entered into a building work contract with Community Caring Pty Ltd to perform the building work on the premises when it was not authorised by a licence issued under Part 2 of the Building Work Contractors Act 1995 (SA) (the BWC Act) to contract for that work.
3.2 Now Resources Pty Ltd acknowledges it was not authorised by a licence issued under the BWC Act to perform the building work on the premises.
3.3 The Commissioner considers that, by engaging in the above conduct, Now Resources Pty Ltd has breached section 6(1)(a) of the BWC Act.
4. COMMENCEMENT OF ASSURANCE
4.1 This Assurance comes into effect when:
4.1.1 the Assurance is executed by Now Resources Pty Ltd and its sole director and secretary, Mr Samuel Hedger; and
4.1.2 the Commissioner accepts the Assurance so executed.
5. ASSURANCE BY NOW RESOURCES PTY LTO FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987
5.1 In response to the concerns raised by Consumer and Business Services (CBS) on behalf of the Commissioner, Now Resources Pty Ltd hereby provides an Assurance to the Commissioner that:
5.1.1 it will not contract for building work except as authorised by a licence issued under Part 2 of the BWC Act.
6.1 Now Resources Pty Ltd acknowledges that:
6.1.1 CBS will make this undertaking publicly available including by publishing it on the CBS public register of undertakings on its website;
6.1.2 CBS will, from time to time, make public reference to the undertaking including in news media statements and in CBS publications;
6.1.3 this undertaking in no way derogates from the rights and remedies available to any other person arising from the alleged conduct; and
6.1.4 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 143KB)