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 in 2019-20 is reported in the table below. Note that some totals may not add due to rounding.

Work of the Chief Recovery Officer

Penalties managed by Chief Recovery Officer

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 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.

Act or Regulation - 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

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.

Act or Regulation - Authorised Betting Operations Act 2000 

Requirement - S90 – Annual Report (3)- 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.

Act or Regulation - 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.

Act or Regulation - Companies (Administration) Act 1982*

Requirement - 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.

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.

Act or Regulation - 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.

¹366 Casino Daily Audits were undertaken by CBS during 2019-20. 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 1,091.

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.

Act or Regulation - Conveyancers Act 1994

Requirement - 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.

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 2020.

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

Requirement - 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.

*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.

Act or Regulation - Fair Trading Act 1987

Requirement - S12—Annual report (1) 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.

Prosecutions/ Disciplinary action

Assurances and undertakings

Media releases 2019-20

Products inspected

• Takata airbag recall - 54.80%
• Dummy chain 0.04%
• Toys 2.07%
• Babies' dummies 0.21%
• Elastic luggage straps 0.21%
• Aquatic toys 0.97%
• Button batteries 2.11%
• Combustible candle holders 0.04%
• General (including unregulated goods) 1.48%
• Sunglasses 9.18%
• Cosmetics 27.40%
• Flotation aids 0.21%
• Yo-yo water balls 0.3%
• Portable swimming pools 0.38%
• Projectile toys 0.59%

Act or Regulation - Gaming Machines Act 1992

Requirement - S74 – Annual Report (1) The Commissioner must, on or before 30 September in each year, prepare and submit to the Minister a report on the performance of the Commissioner's functions under this Act during the preceding financial year.

Prosecutions commenced for offences against this Act

Mansfield Park Hotel Pty Ltd and Mr Shaun Seymour Matthews.

Date:  23/10/2019

Prosecution for breaching section 51B(2) of the Gaming Machines Act 1992 by allowing a person to withdraw funds above the approved transaction limits.

Outcome: Mansfield Park Hotel Convicted and fined $21,000. Shaun Matthews Fined $10,500.

Act or Regulation - Land Agents Act 1994

Requirement - S64—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.

Note: the Land Agents Act 1994 was amended to require property managers to be registered from 28 September 2019. Consumer and Business Services began accepting applications for registration from 1 February 2019.

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.

Act or Regulation - Land Valuers Act 1995

Requirement - S23—Annual report  - 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.

Land Valuers are not required to be licensed by the Commissioner, however need to be approved by the Commissioner if they wish to undertake property valuations at the request of a real estate agent for the purpose of section 24G of the Land and Business (Sales and Conveyancing) Act 1994.

25 additional Land Valuers was added during the reporting period.

Details of approved Land Valuers can be found at: https://www.cbs.sa.gov.au/assets/LAR/occupational/APPROVEDVALUERSLIST_forweb.pdf

Act or Regulation - Liquor Licensing Act 1997

Requirement - S128A Report to the Minister on barring orders - The Commissioner must, on or before 30 September in each year (other than the calendar year in which this section comes into operation), provide a report to the Minister specifying the following information in relation to the financial year ending on the preceding 30 June: in relation to an order made under Subdivision 2 barring a person from licensed premises for an indefinite period or a period exceeding 6 months—
in the case of orders made under section 125(1)(aa) (a welfare order)—the number of welfare orders made; and the location of the licensed premises from which the persons were barred; in any other case—the number of orders made; and statistical information about the type of conduct giving rise to the orders; and the location of the licensed premises from which the persons were barred;in relation to an order made under Subdivision 3 because of information classified by the Commissioner of Police as criminal intelligence—the number of orders made; and the location of the licensed premises from which the persons were barred; and statistical information about—the period for which the orders have effect; and the age, gender, race and residential postcode of the persons barred;section 128 and the outcome of any such review.

Pursuant to section 128A(1)(b), South Australia Police has advised that no barring orders were issued on the grounds of criminal intelligence during 1 July 2018 to 30 June 2019.

Act or Regulation - Plumbers, Gas fitters and Electricians Act 1995

Requirement - S43—Annual report - 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.

Act or Regulation - Residential Tenancies Act 1995

Requirement - S10—Annual report - The Commissioner must, on or before 31 October in each year, prepare and forward to the Minister a report on the administration of this Act for the year ending on the preceding 30 June. The report must include a report on the administration of the Fund.

A copy of the report on the administration of the Residential Tenancies Fund will be available on the Consumer and Business Services website on or before 31 December 2019.

Act or Regulation - Residential Parks Act 2007

Requirement - S136—Annual report - The Commissioner must, on or before 31 October in each year, prepare and forward to the Minister a report on the administration of this Act for the year ending on the preceding 30 June of the Fund.

Act or Regulation - Second-hand Vehicle Dealers Act 1995

Requirement - S52—Annual report - 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.

The Second-hand Vehicles Compensation Fund is administered by the Commissioner for Consumer Affairs. A copy of the report on the administration of the Fund will be available on the Consumer and Business Services website on or before 31 December 2020.

Act or Regulation - Security and Investigation Industry Act 1995

Requirement - S47—Annual report - 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.

Reporting required under the Carers’ Recognition Act 2005

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.