Reporting required under any other Act or Regulation

Act or Regulation - Fines Enforcement and Debt Recovery Act 2017, Fines Enforcement and Debt Recovery Regulations 2018

Requirement - Fines Enforcement and Debt Recovery Act 2017 - 7—Annual report
(1) The Chief Executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of this Act must, not later than 30 September in each year, submit to the Minister a report on the work of the Chief Recovery Officer for the financial year ending on the preceding 30 June. (2) The report must include information prescribed by the regulations or required by the Minister.

In accordance with the Fines Enforcement and Debt Recovery Act 2017, the work of the Chief Recovery Officer for financial year 2018-19 is reported in the table below. Note that some totals may not add due to rounding.

Work of the Chief Recovery Officer

Court penaltiesExpiationTotalCivil debt*

Total amount of debt payable to the Chief Recovery Officer as at 1 July 2018

$139.7m

$263.9m

$403.6m

-

Total amount of debt that became payable to Chief Recovery Officer during the financial year (1 July 2018 to 30 June 2019)

$39.2m

$155.3m

$194.5m

$2.8m

Total amount paid to the Chief Recovery Officer during the financial year (1 July 2018 to 30 June 2019)

$23.1m

$80.8m

$103.9m

$11,004

Total amount of debt waived** by the Chief Recovery Officer during the financial year (1 July 2018 to 30 June 2019)

$4.9m

$27.4m

$32.3m

-

Total amount of debt that was written off by the Chief Recovery Officer during the financial year (1 July 2018 – 30 June 2019)

$2.2m

-

$2.2m

-

Penalties managed by Chief Recovery Officer

Total amount of penalties managed by the Chief Recovery Officer as at 30 June 2019 including:Court penaltiesExpiationTotalCivil debt

Total amount subject to arrangements

$32.3m

$66.2m

$98.4m

$68,447

Total amount on which payment has been deferred (stay, community service, custody)

$20.8m

$35.5m

$56.3m

$8,049

Total amount subject to enforcement action

$58.0m

$158.1m

$216.0m

$2.7m

Total amount not yet due (not debt)

$6.2m

$22.4m

$28.6m

-

Total amount not owed to state

$31.0m

$14.6m

$45.6m

-

Total

$148.2m

$296.7m

$444.9m

$2.8m

External debt collection agency panel engaged to assist in the recovery of debt. All payments from debtor contact are made to Fines Enforcement and Recovery Unit not external agency.

*The first Civil Debt lodgements were received in May 2019.

**The Chief Recovery Officer has absolute discretion to waive payment of a fine or any part of an enforced fine. When an enforced fine is waived the liability for payment is expunged.

Act or Regulation - Associations Incorporation Act 1985

Requirement - S9—Annual report - The Commission must, on or before 31 December in each year, deliver to the Minister a report on the administration of this Act during the period of 12 months that ended on the preceding 30 June.

Association

2018-19

Incorporated associations on the register

21,090

20,904

Incorporated during the year

310

297

De-registered and wound-up

94

76

Periodic returns lodged

210

286

Searches of the public register

329

404

Authorised Betting Operations Act 2000

Requirement - S90 – Annual Report (1) The Commissioner must, on or before 30 September in each year, prepare and present to the Minister a report on the performance of the Commissioner's functions under this Act during the preceding financial year.

Licensing

2018-19

2017-18

Number of Licensed Bookmakers

16

16

Number of Licensed Agents

40

78

Number of TAB outlets

334

332

Number of Racing Clubs

44

44

licensing

Compliance

2018-19

2017-18

Number of inspections completed

315

188

Non-Compliance matters detected

93

22

Investigations closed with enforcement outcome

1

n/a1

Investigations closed without enforcement outcome

3

n/a1

1 New measure introduced for 2018-19

Authorised Betting Operations Act 2000 

Prior to 1 December 2018, the Independent Gambling Authority was responsible for any matters that required further disciplinary action in relation to non-compliance matters.

Requirement - S90 – Annual Report - The Commissioner's report must include—  (a) details of any statutory default occurring during the course of the relevant financial year; and (b) details of any disciplinary action taken by the Commissioner; and  
(c) details of any directions given to the Commissioner by the Minister.

Report

2018-19

Details of any statutory default occurring during the course of the relevant financial year

No statutory defaults to report.

Details of any disciplinary action taken by the Commissioner

No disciplinary action to report.

Details of any directions given to the Commissioner by the Minister

No directions to report.

Building Work Contractors Act 1995

Requirement - S61—Annual report - (1)The Commissioner must, on or before 31 October in each year,submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June.

Builders licences

2018-19

2017-18

Held by bodies corporate

5,291

4,943

Held by natural persons (individuals or members of partnerships) Includes contractors only and contractors & supervisors. Does not include supervisors only

18,228

18,210

Held by building work supervisors (registrations only)

4,152

3,961

Total

27,671

27,114

Applications for new licences/registrations or a change of conditions received

2,761

2,700

Companies (Administration) Act 1982*

S8A—Report - 1 The Commission shall, on or before the thirty-first day of December in each year, deliver to the Minister a report of its operations during the period of twelve months that ended on the preceding thirtieth day of June.

Companies Liquidation Account

Amount

Balance at 30 June 2018

$94,244.40

Add: Amounts received during the year pursuant to section 427(1) of the Companies Code

$0.00

Less: Amount paid to claimants in accordance with section 427(1) Payments to Consolidated Account in accordance with section 427(6)

$0.00

Balance at 30 June 2019

$94,244.40

*Consumer and Business Services maintains accounts where unclaimed monies from liquidators of companies (from any liquidation that commenced on or before 1 January 1991) must be deposited.

Casino Act 1997

Requirement - S71 – Annual Report - (1 ) The Commissioner must, on or before 30 September in each year, prepare and present to the Minister a report on the performance of the Commissioner's functions under this Act during the preceding financial year.

Compliance

2018-19

2017-18

Number of inspections completed

365 (1,543) 1

365 (1,844)

Non-Compliance matters detected

13

14

Investigations closed with enforcement outcome

1

n/a2

Investigations closed without enforcement outcome

2

n/a2

365 Casino Daily Audits were undertaken by CBS during 2018-19. Each daily audit consists of several specific compliance criteria being monitored relating to the Casino’s operations. The total number of Casino compliance criteria inspected totalled 1,543.

2 New measure introduced for 2018-19.

Casino Act 1997

Requirement - S71 – Annual Report - (3)The report must include— (a) details of any statutory default occurring during the course of the relevant financial year; and (b) details of any disciplinary action taken by the Commissioner.

Report

2018-19

Details of any statutory default occurring during the course of the relevant financial year

No statutory defaults to report.

Details of any disciplinary action taken by the Commissioner

No disciplinary action to report.

Conveyancers Act 1994

S66—Annual report (1)The Commissioner must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act during the period of 12 months ending on the preceding 30 June. (2) The report must contain the audited statement of accounts of the indemnity fund for the period to which the report relates.

Registrations

2018-19

2017-18

Held by bodies corporate

93

87

Held by natural persons

597

593

Total

690

680

Applications for new registrations received

40

59

A copy of the audited statement of accounts of the Agents Indemnity Fund will be available on the Consumer and Business Services website on or before 31 December 2019.

Co-operatives National Law (South Australia) Act 2013*

10—Disposal of consideration for shares compulsorily acquired (Co-operatives National Law section 436) For the purposes of section 436(3)(b)(i) of the Co-operatives National Law (South Australia)— (a) the applied provisions of the Corporations Act are to be read as if the following provision were inserted in Part 9.7 before section 1339: S1338D—Co-operatives Liquidation Account (1)The Co-operatives Liquidation Account established under Division 3 of Part 6 of the Co-operatives Act 1983 of South Australia continues in existence under this Part. (2) The Account must continue to be kept in a separate account at the Treasury.

Co-operatives Liquidation Account

Amount

Balance at 30 June 2018

$64,992.85

Add: Amounts received during the year pursuant to section 331 of the Co-operatives Act 1997

$0.00

Less: Amount paid to claimants in accordance with section 331

$0.00

Balance at 30 June 2019

$64,992.85

*Consumer and Business Services maintains accounts where unclaimed monies from liquidators of co-operatives (from any liquidation that commenced on or before 1 January 1991) must be deposited.

Fair Trading Act 1987

S12—Annual report

The Commissioner for Consumer Affairs must, on or before 31 October in each year, submit to the Minister a report on the administration of this Act by the Commissioner during the year ended on the preceding 30 June.

Advice and conciliation

2018-19

2017-18

No. of advices provided

31,843

33,751

No. of disputes conciliated

1,152

1,189

No. of disputes referred to compulsory conciliation conference

373

337

The Carers’ Recognition Act 2005 is deemed applicable for the following: Department of Human Services, Department for Education, Department for Health and Wellbeing, Department of State Development, Department of Planning, Transport and Infrastructure, South Australia Police and TAFE SA.

Section 7: Compliance or non-compliance with section 6 of the Carers Recognition Act 2005 and (b) if a person or body provides relevant services under a contract with the organisation (other than a contract of employment), that person's or body's compliance or non-compliance with section 6.

The AGD recognises and supports the principles of the South Australian Carers Charter. Employees who are carers are supported in identifying appropriate flexible working arrangements and through the AGD policy to access special leave with pay to care for dependents.

Aboriginal cultural awareness training is also mandated for all employees which, among other topics, addresses the issues of family obligation and community responsibility in the context of the role of carers.