Fines Enforcement and Debt Recovery Act 2017 and Fines Enforcement and Debt Recovery Regulations 2018

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.

Total amount of debt payable to the Chief Recovery Officer as at
1 July 2020

$125.4m

$284.0m

$409.4m

$5.7m

Total amount of debt that became payable to Chief Recovery Officer

$42.7m

$155.5m

$198.2m

$35.7m

Total amount paid to the Chief Recovery Officer

$22.6m

$89.9m

$112.5m

$3.7m

Total amount State Debt resolved by payment direct to Public Authorities

-

-

-

$3.9m

Total amount of debt waived* by the Chief Recovery Officer

$13.8m

$22.6m

$36.4m

-

Total amount of debt written off by the Chief Recovery Officer

$2.3m

$19.1m

$21.4m

-

Total amount subject to Arrangements

Total amount subject to arrangements includes amounts “not owed to state” and “not yet due”

$51.9m

$131.0m

$182.9m

$5.2m

Total amount on which Payment has been deferred (Stay, Community Service, custody)

$11.9m

$20.1m

$32.1m

$1.5m

Total amount subject to Enforcement Action

$41.9m

$122.0m

$163.9m

$22.7m

Total amount not yet due (not debt)

$5.3m

$1.9m

$7.2m

-

Total amount not owed to State

$17.3m

$7.5m

$24.8m

-

Total

$128.3m

$282.6m

$410.9m

$29.4m

Associations Incorporation Act 1985

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.

Incorporated associations on the register

21,349

21,292

Incorporated during the year

216

222

De-registered and wound-up

42

18

Periodic returns lodged

95

122

Searches of the public register

545

531

Authorised Betting Operations Act 2000

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.

Number of Licensed Bookmakers

17

17

Number of Licensed Agents

42

41

Number of TAB outlets

336

332

Number of Racing Clubs

54

50

Number of inspections completed

195

151

Non-compliance matters detected

17

4

Investigations closed with enforcement outcome

3

0

Investigations closed without enforcement outcome

4

3

Authorised Betting Operations Act 2000

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.

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

Three (3) Compliance Notices, pursuant to section 37 of the Gambling Administration Act 2019, were issued to the holder of the Major Betting Operations Licence during 2020-21. Each of these notices dealt with a number of non-compliant items detected.

Details of any disciplinary action taken by the Commissioner

Compliance Notices are issued to a gambling provider in lieu of disciplinary action, conveying to the provider that a contravention has been established and providing a course of action, which must then be followed to avoid and further action.

Details of any directions given to the Commissioner by the Minister

None.

Building Work Contractors Act 1995

S61—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.

Builders licences

2020-21

2019-20

Held by bodies corporate

5,705

5,456

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

18,008

17,945

Held by building work supervisors (registrations only)

4,422

4,297

Total

28,135

27,698

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

3,495

2,658

Companies (Administration) Act 1982*

S8A—Report

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.

Balance at 30 June 2020

$94,244.40

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

$0

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

$0

Balance at 30 June 2021

$94,244.40

Casino Act 1997

S71 – Annual Report

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.

Number of inspections completed

365 (1,679)¹

366 (1,091)

Non-compliance matters detected

25

1

Investigations closed with enforcement outcome

0

0

Investigations closed without enforcement outcome

0

0

Casino Act 1997

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

2020-21

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

A number of matters are still under investigation

Details of any disciplinary action taken by the Commissioner

A number of matters are still under investigation

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.

The report must contain the audited statement of accounts of the indemnity fund for the period to which the report relates.

Registrations

2020-21

2019-20

Held by bodies corporate

110

99

Held by natural persons

589

587

Total

699

686

Applications for new registrations received

56

34

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.

The Account must continue to be kept in a separate account at the Treasury.

Co-operatives Liquidation Account

Amount

Balance at 30 June 2020

$64,992.85

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

$0

Less: Amount paid to claimants in accordance with section 331

$0

Balance at 30 June 2021

$64,992.85

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.

No. of advices provided

25,329

30,021

No. of disputes conciliated

1294

1,295

No. of disputes referred to compulsory conciliation conference

390

406

Date

Trader (where applicable)

Action

27 July 2020

Kym Cowmeadow and Sarah Anderson

Prosecution for breaching section 7(1) of the Second-hand Vehicle Dealers Act 1995 by carrying on a business as a second-hand vehicle dealer when not authorised by licence and acting contrary to an assurance contrary to section 81 of the Fair Trading Act 1987.

Outcome: Each convicted and fined a total of $4,000.

20 August 2020

Matthew Rodrigues trading as ‘SA Outdoor Construct’

Prosecution for breaching section 6(1) of the Building Work Contractors Act 1995 by carrying on a business as a Building Work contractor when not authorised by licence and two counts of wrongful acceptance of payment in breach of section 158 of the Australian Consumer Law.

Outcome: Convicted and to be of good behaviour (bond of $1,000) for 2 years, with 80 hours community service to be completed within 12 months.

Compensation awarded totalling $1,715.

10 March 2021

Star Plus Group Pty Ltd, Jashavantkumar Patel and Tejaskumar Patel

Disciplinary action made under section 24 of the Plumbers, Gas Fitters and Electricians Act 2010.

Outcome: Each reprimanded and fined a total of $20,000.

15 April 2021

John Sklrj and Katrina McKerlie

Prosecution for breaching section 7(1) of the Second-hand Vehicle Dealers Act 1995 by carrying on a business as a second-hand vehicle dealer when not authorised by licence.

John Sklrj also prosecuted for acting contrary to an assurance contrary to section 81 of the Fair Trading Act 1987.

Outcome: John Sklrj convicted and fined $3,600. Katrina McKerlie convicted and fined $2,400.

Date

Trader (where applicable)

Action

30 July 2020

Varo Property Services Pty Ltd and Loretta Cavallero

Assurance to the Commissioner to:

Properly manage and supervise the business as required by sections 10 and 11A of the Land Agents Act 1994 by ensuring that its nominated manager follows the practices specified in regulation 10 of the Land Agents Regulations 2010; and

Keep detailed records of all trust money received and disbursed as required by section 21 of Land Agents Act 1994 as specified in regulations 17,18,19 and 20 of the Land Agents Regulations 2010.

30 July 2020

Garry Craig Rogers, trading as Thorngate Motor Co

Undertaking to the Commissioner for Consumer Affairs to comply with the compulsory recall for motor vehicles with affected Takata airbag inflators and specified spare parts and implement a written product safety compliance program.

4 August 2020

Brendon Geen trading as Bentley Geen Partners Real Estate

Assurance to the Commissioner to:

Not act as a land agent unless registered as required by section 6 of the Land Agents Act 1994; and

Keep detailed records of all trust money received and disbursed in compliance with section 21 of the Land Agents Act 1994.

1 October 2020

Glenelg Footballers’ Club Incorporated

Undertaking to the Commissioner that the Licensee will ensure that the operation of the licensed premises is consistent with any applicable direction of the COVID-19 Emergency Management Directions.

1 October 2020

Greenacres Football Club Incorporated

Undertaking to the Commissioner that the Licensee will ensure that the operation of the licensed premises is consistent with any applicable direction of the COVID-19 Emergency Management Directions.

2 December 2020

Lifestyle Mobility Pty Ltd

Undertaking to the Commissioner to ensure that the clause of concern is removed from the terms and conditions, will ensure prescribed text is included in the terms and conditions and will ensure that any terms and conditions of its standard form contracts will not mislead consumers as to their rights under the Australian Consumer Law.

4 March 2021

Carpe Diem Hotel Group Pty Ltd trading as St Kilda Hotel

Undertaking to the Commissioner that the Licensee will ensure that the licensed premises, whilst open to the public, is supervised by an approved responsible person in accordance with section 97(1) of the Liquor Licensing Act 1997.

1 April 2021

David Crisanti trading as David Crisanti Home Services

Assurance to the Commissioner to:

Not carry on a business as a building work contractor unless authorised by licence as required by section 6 of the Building Work Contractors Act 1995; and

Ensure that building work contracts entered into with consumers meet the formal requirements in relation to formal building work contracts as required by section 28 of the Building Work Contractors Act 1995.

7 May 2021

Prisdale Pty Ltd trading as Masterguard Security

Peter Edward Robinson and Melanie Jane Robinson

Assurance to the Commissioner by Prisdale Pty Ltd to:

Not carry on a business as a building work contractor unless authorised by licence and not advertise or hold itself out as being entitled to carry on a business as a building work contractor unless authorised by licence as required by section 6 of the Building Work Contractors Act 1995.

Assurance to the Commissioner that Peter Robinson and Melanie Robinson to:

Ensure that the company carrying on a business as a building work contractor in South Australia, of which they are directors, will be appropriately licenced as required by section 6 of the Building Work Contractors Act 1995;

Ensure that any company, of which they are directors will not advertise or otherwise hold itself out as being entitled to carry on the business of a building work contractor unless the company is appropriately licensed as required by section 6 of the Building Work Contractors Act 1995.

25 May 2021

Jeff Denton Nominees Pty Ltd trading as Thevenard Hotel

Undertaking to the Commissioner that the Licensee will ensure that any person purchasing liquor for consumption off the licensed premises will be required to produce photographic identification, in accordance with the third Attachment A condition of the General & Hotel Licence.

Product Safety Inspections Summary 2020-21

Products inspected

1,111

Products compliant

525

Products withdrawn

692¹

Product recalls

13²

Gaming Machines Act 1992

*Section 61 - 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 the gambling Acts during the preceding financial year.

(3) The Commissioner’s report must include the following information:

(a) the total net State wagering revenue of all authorised betting operators under the Authorised Betting Operations Act 2000 in respect of the financial year to which the report relates;

(b) the total net gambling revenue of the holders of all gaming machine licences and the special club licence under the Gaming Machines Act 1992 in respect of the financial year to which the report relates.

Revenue

2020-21

State wagering revenue of authorised betting operators

$326,455,000

Gambling revenue of gaming machine licensees - Clubs

$94,224,837

Gambling revenue of gaming machine licensees - Hotels

$675,652,283

Total net gambling revenue of gaming machine licensees

$769,877,120

Gaming Machine Licences

2020-21

2019-20

Hotels

498

502

Clubs

57

60

On Premises

1

1

Total

556

563

Compliance

2020-21

2019-20

Number of inspections completed

367

357

Non-compliance matters detected

140

77

Investigations closed with enforcement outcome

1

13

Number of expiation notices issued

0

10

Number of prosecutions commenced

0

1

Investigations closed without enforcement outcome

7

12

Prosecutions commenced for offences against this Act

Date

Individual/Entity

Action

Land Agents Act 1994

S64—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 report must contain the audited statement of accounts of the indemnity fund for the period to which the report relates.

Registrations

2020-21

2019-20

Held by land agent bodies - corporate

1,036

1,022

Held by land agent - natural persons

2,454

2,459

Held by sales representative and auctioneer - natural persons

2,559

2,511

Held by property manager - natural persons

1,341

1,211

Total

7,390

7,203

Applications for new registrations or a change of conditions

1,141

2,294

Land Valuers Act 1995

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.

Liquor Licensing Act 1997

S128A—Report to Minister on barring orders

(1) 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:

(a) 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—

(i) in the case of orders made under section 125(1)(aa) (a welfare order)—

(A) the number of welfare orders made; and

(B) the location of the licensed premises from which the persons were barred;

(ii) in any other case—

(A) the number of orders made; and

(B) statistical information about the type of conduct giving rise to the orders; and

(C) the location of the licensed premises from which the persons were barred;

(b) in relation to an order made under Subdivision 3 because of information classified by the Commissioner of Police as criminal intelligence—

(i) the number of orders made; and

(ii) the location of the licensed premises from which the persons were barred; and

(iii) statistical information about—

(A) the period for which the orders have effect; and

(B) the age, gender, race and residential postcode of the persons barred;

the number of reviews of orders conducted under section 128 and the outcome of any such review.

Details of barring orders issued by licensees for an indefinite period or a period exceeding six months (this does not include barring orders issued by South Australia Police)

Licensee welfare barring orders

Location of Licensed Premises

Number of Welfare Orders by Suburb

2020-21

2019-20

Barmera

0

1

Ceduna

1

0

Clare

0

1

Clearview

1

0

Clovelly Park

0

1

Coober Pedy

0

1

Elizabeth

1

0

Hilton

1

0

Keith

0

1

Mannum

0

1

Noarlunga Centre

0

1

Northfield

0

1

Rosewater

1

0

Semaphore

1

0

Streaky Bay

2

0

Willunga

1

0

Total

9

8

Location of the licensed premises from which persons were barred (for reasons other than welfare)

Location of Licensed Premises

Number of Orders by Suburb

2020-21

2019-20

Aberfoyle Park

1

1

Adelaide

4

10

Alberton

0

1

Aldinga

1

1

Angle Park

0

1

Ardrossan

0

1

Auburn

0

1

Barmera

1

0

Berri

1

0

Burnside

1

0

Ceduna

1

0

Christies Beach

1

0

Clearview

0

1

Elizabeth

6

2

Elizabeth Downs

0

3

Fullarton

1

0

Gilles Plains

1

0

Glenelg

1

1

Glenelg North

1

0

Hackham

0

2

Hallett Cove

1

0

Hilton

0

1

Kilburn

2

0

Mawson Lakes

0

1

Middleton

0

1

Moorook

1

0

Morphett Vale

0

3

Mount Gambier

2

3

Murray Bridge

2

4

Naracoorte

0

1

Noarlunga Centre

0

3

Noarlunga Downs

1

1

North Adelaide

0

1

Northfield

1

1

Norwood

0

1

Para Hills

1

0

Para Hills West

0

1

Parafield Gardens

1

0

Paralowie

2

2

Pennington

1

2

Port Adelaide

1

0

Port Augusta

4

0

Port Lincoln

4

0

Port Noarlunga

1

2

Prospect

0

1

Quorn

0

1

Renmark

2

1

Richmond

0

1

Robe

0

1

Royal Park

1

1

Salisbury

1

2

Seaton

0

1

Semaphore

2

0

Smithfield

1

0

Strathalbyn

2

0

Tailem Bend

0

1

Tea Tree Gully

1

0

Unley

1

1

Victor Harbor

1

0

Warradale

0

1

West Lakes

0

1

Whyalla

1

0

Whyalla Norrie

3

5

Willaston

1

0

Total

63

71

Statistical information about the type of conduct (some barring’s were issued for more than one reason)

Type of Conduct

Number of Instances

2020-21

2019-20

Assault

7

5

Assault – Staff

14

13

Disorderly Behaviour

22

16

Drugs

2

4

Drunken Behaviour

8

7

False Pretences

2

1

Property Damage

5

9

Theft

5

3

Welfare – Risk

8

4

Welfare – Risk to Family

2

3

Other Reason

11

10

Total

86

75

Outcome of the review of barring orders under section 128

Outcome of Review

Number of Reviews

2020-21

2019-20

No Decision

2

5

Determined

1

5

Dismissed

21

2

Granted

9

3

Refused

3

1

Revoked

5

3

Withdrawn

2

1

Total

43

20

Plumbers, Gas fitters and Electricians Act 1995

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.

Plumbers

2020-21

2019-20

Holding a contractor licence only (individual or company)

748

717

Holding a workers registration

4,914

4,779

Holding both a worker registration and contractor licence

1,696

1,669

Gas fitters

2020-21

2019-20

Holding a contractor licence only (individual or company)

686

657

Holding a workers registration

4,495

4,335

Holding both a worker registration and contractor licence

1,479

1,443

Electricians

2020-21

2019-20

Holding a contractor licence only (individual or company)

1,863

1,815

Holding a workers registration

19,695

19,621

Holding both a worker registration and contractor licence

4,775

4,702

Residential Tenancies Act 1995

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.

Bonds – numbers held

2020-21

2019-20

Total tenant provided residential bonds held

169,191

168,905

Total Housing SA provided residential bonds held

174

178

Total Housing SA residential bond guarantees held

66,603

71,098

Total residential bonds held

235,968

240,181

Residential Tenancies Bonds

2020-21

2019-20

Residential bonds lodged

52,818

61,470

Residential bonds refunded

54,137

57,018

Incoming contact

2020-21

2019-20

Incoming bond calls

42,286

43,670

Incoming emails requesting advice

10,500¹

17,800

Advice

2020-21

2019-20

Tenancy advice provided

22,401

30,492

Expiation notices issued

10

23

Residential Parks Act 2007

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.

Residential Park Bonds

2020-21

2019-20

Total residential park bonds held

921

928

Total residential park bonds held ($)

$504,614

$494,113

Residential park bonds lodged

197

228

Residential park bonds refunded

185

202

Second-hand Vehicle Dealers Act 1995

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

Licences

2020-21

2019-20

Held by bodies corporate

Second-hand motor vehicle dealers

436

381

Second-hand motorcycle dealers

26

26

Held by natural persons

Second-hand vehicle dealers

978

849

Second-hand motorcycle dealers

38

44

Total

1,478

1,300

Applications for new licences/registrations received

Second-hand vehicle dealers

222

166

Second-hand motorcycle dealers

2

2

Registration of trading premises (new application)

56

39

Security and Investigation Industry Act 1995

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.

Security and investigation agents licences

2020-21

2019-20

Held by bodies corporate

543

526

Held by natural persons

8,999

8,666

Total

9,542

9,192

Applications for new licences or a change of conditions received

1,613

1,295