The Commissioner for Consumer Affairs and Liquor and Gambling with Consumer and Business Services’ Annual Report 2020-21

Act or Regulation

Requirement

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.

Associations

2021-22

2020-21

Incorporated associations on the register

21,512

21,349

Incorporated during the year

251

216

De-registered and wound-up

67

42

Periodic returns lodged

134

95

Searches of the public register

530

545

Act or Regulation

Requirement

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

2021-22

2020-21

Held by bodies corporate

5,863

5,705

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

17,747

18,008

Held by building work supervisors (registrations only)

4,497

4,422

Total 

28,107

28,135

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

2,742

3,495

Act or Regulation

Requirement

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.

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

Companies Liquidation Account

Amount

Balance at 30 June 2021

$94,244.40

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

-

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

-

Balance at 30 June 2022

$94,244.40

Act or Regulation

Requirement

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

2021-22

2020-21

Held by bodies corporate

118

110

Held by natural persons

589

589

Total

707

699

Applications for new registrations received

51

56

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 2021.

Act or Regulation

Requirement

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 2021

$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

* 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

Requirement

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

2021-22

2020-21

No. of advice provided

28,018

25,329

No. of disputes conciliated

1,262

1,294

No. of disputes referred to compulsory conciliation conference

462

390

Prosecutions/ Disciplinary action under the Fair Trading Act 1987 (and related Acts), and the Liquor Licensing Act 1997.

Date

Trader (where applicable)

Action

7/7/2021

Daniel Elliott

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 section 158(7) of the Australian Consumer Law (SA) by accepting payment for services and failing to supply all the services within a reasonable time.

Court outcome: Convicted and fined $17,500.

Compensation awarded totalling $9,962.

13/7/2021

Anthony Rosier

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.

Court outcome: Convicted and fined $10,000.

19/1/2022

Matthew Evans

Prosecution for breaching section 6(1) and 30(1) of the Building Work Contractors Act 1995 by carrying on a business as a building work contractor when not authorised by licence and requiring an unauthorised payment, and section 8A of the Fair Trading Act 1987 by failing to attend a Compulsory Conciliation Conference.

Court outcome: Convicted and fined $5,000.

Compensation awarded totalling $7,500.

3/2/2022

Jim Hiotis

Prosecution for breaching section 34 of the Second-hand Vehicle Dealers Act 1995 by interfering with an odometer of a second-hand vehicle and section 140 of the Criminal Law Consolidation Act 1935 by dishonestly dealing with documents.

Court outcome: Convicted and fined $4,000.

14/2/2022

Aaron Hindle

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 section 151(1)(a) of the Australian Consumer Law (SA) by making a false and misleading representation that goods had a particular history or previous use.

Court outcome: Convicted and fined $8,100.

16/2/2022

Peter Wotton

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 section 158(7) of the Australian Consumer Law (SA) by accepting payment for services and failing to supply all the services within a reasonable time.

Court outcome: Convicted and fined $105,000 and disqualified from managing corporations for 8 years.

17/2/2022

Sean Joseph Nelson

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, section 158(7) of the Australian Consumer Law (SA) by accepting payment for services and failing to supply all the services within a reasonable time, section 8A of the Fair Trading Act 1987 by failing to attend a Compulsory Conciliation Conference and section 81(1) of the Fair Trading Act 1987 by acting contrary to an assurance.

Court outcome: Convicted and fined $10,000.

Compensation awarded totalling $15,010.

15/3/2022

Daniel Pittaway

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, section 158(7) of the Australian Consumer Law (SA) by accepting payment for services and failing to supply all the services within a reasonable time and section 134 of the Criminal law Consolidation Act 1935 by committing theft.

Court outcome: Convicted and sentenced to a 5 month suspended sentence with a 2 year good behaviour bond of $500, fined $3,350.

Compensation awarded totalling $5,520.

22/3/2022

Jessica Sieboth

Prosecution for breaching section 151(1)(a) of the Australian Consumer Law (SA) by making a false and misleading representation that goods had a particular history or previous use.

Court outcome: Convicted and sentenced to 168 hours of community service.

28/3/2022

Youssef Gabriel

Prosecution for breaching sections 28 and 34 of the Building Work Contractors Act 1995 by failing to comply with formal requirements in relation to a building work contract and failing to obtain a policy of building indemnity insurance, and section 158(7) of the Australian Consumer Law (SA) by accepting payment for services and failing to supply all the services within a reasonable time.

Court outcome: Convicted and fined $6,000.

6/4/2022

Donna Felici

Prosecution for breaching section 158(7) of the Australian Consumer Law (SA) by accepting payment for services and failing to supply all the services within the specified time.

Court outcome: Convicted and fined $15,000.

Compensation awarded totalling $200.

3/5/2022

Matthew Priest

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 section 158(7) of the Australian Consumer Law (SA) by accepting payment for services and failing to supply all the services within a reasonable time.

Court outcome: Convicted and fined $15,000.

Compensation awarded totalling $24,450.

23/6/2022

Brenna Parson

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 section 158(7) of the Australian Consumer Law (SA) by accepting payment for services and failing to supply all the services within a reasonable time.

Court outcome: Convicted and fined $5,550.

Compensation awarded totalling $3,957.

23/6/2022

Glenn Jeffries

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 section 158(7) of the Australian Consumer Law (SA) by accepting payment for services and failing to supply all the services within a reasonable time.

Court outcome: Convicted and fined $17,450.

Compensation awarded totalling $12,471.

24/6/2022

Cory McCormick

Prosecution for breaching section 34 of the Second-hand Vehicle Dealers Act 1995 by interfering with an odometer of a second-hand vehicle.

Court outcome: Convicted and fined $1,000.

Compensation awarded totalling $2,250.

Assurances and Undertakings given under the Fair Trading Act 1987 (and related Acts), the Liquor Licensing Act 1997 and the Australian Consumer Law

Date

Trader (where applicable)

Action

14/7/2021

Hongfei Jui

Provided an assurance to the Commissioner for Consumer Affairs for the purposes of section 79 of the Fair Trading Act 1897 that they will not carry on business as a building work contractor unless authorised by licence.

2/8/2021

Andrew Martin

Provided an assurance to the Commissioner for Consumer Affairs for the purposes of section 79 of the Fair Trading Act 1897 that they will not carry on business as a second-hand vehicle dealer unless authorised by licence.

12/8/2021

Elders Real Estate

Provided an assurance to the Commissioner for Consumer Affairs for the purposes of section 79 of the Fair Trading Act 1897 that they will comply with all their obligations under section 24G of the Land and Business (Sales and Conveyancing Act 1994.

28/10/2021

Sonya Sangster

Provided an assurance to the Commissioner for Consumer Affairs for the purposes of section 79 of the Fair Trading Act 1897 that they will not aid, abet, counsel or procure a company to carry on business as a conveyancer whilst not authorised by licence and multiple other assurances should the licence be granted.

7/12/2021

Nicholas Kalaitzis

Provided an assurance to the Commissioner for Consumer Affairs for the purposes of section 79 of the Fair Trading Act 1897 that they will not carry on business as a building work contractor unless authorised by licence.

For a full list of Consumer and Business Services related media releases for 2021-22, please visit http://www.cbs.sa.gov.au/news-and-updates.

Product Safety Inspections Summary 2021-22

Products inspected

1,878

Products compliant

1,820

Products withdrawn

38

Product recalls

32

Act or Regulation

Requirement

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.

* This is a new measure introduced under the amendments to the Gambling Administration Act 2019 which came into operation on 1 December 2020.

Revenue

2021-22

State wagering revenue of authorised betting operators

$329,550,000

Gambling revenue of gaming machine licensees - Clubs

$96,812,984

Gambling revenue of gaming machine licensees - Hotels

$734,455,298

Total net gambling revenue of gaming machine licensees

$831,268,282

Gaming Machine Licences

2021-22

2020-21

Hotels

498

498

Clubs

57

57

On Premises

1

1

Total

556

556

Compliance

2021-22

2020-21

Number of inspections completed

79

367

Non-compliance matters detected

37*

140

Investigations closed with enforcement outcome

3

1

Number of expiation notices issued

0

0

Number of prosecutions commenced

0

0

Investigations closed without enforcement outcome

6

7

Prosecutions commenced for offences against this Act

Date

Individual/Entity

Action

   

Note: Nil prosecutions in 2021-22

Act or Regulation

Requirement

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

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 2022.

Act or Regulation

Requirement

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.

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.

2 additional Land Valuers were added during the reporting period.

Details of approved Land Valuers can be found at: https://www.cbs.sa.gov.au/

Act or Regulation

Requirement

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

2021-22

2020-21

No Decision

0

2

Determined

23

1

Dismissed

5

21

Granted

0

9

Refused

0

3

Revoked

5

5

Withdrawn

7

2

Total

40

43

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 2020 to 30 June 2021.

Act or Regulation

Requirement

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

2021-22

2020-21

Holding a contractor licence only (individual or company)

771

748

Holding a workers registration

5,031

4,914

Holding both a worker registration and contractor licence

1,713

1,696

Gas fitters

2021-22

2020-21

Holding a contractor licence only (individual or company)

707

686

Holding a workers registration

4,617

4,495

Holding both a worker registration and contractor licence

1,516

1,479

Electricians

2021-22

2020-21

Holding a contractor licence only (individual or company)

1,889

1,863

Holding a workers registration

19,985

19,695

Holding both a worker registration and contractor licence

4,807

4,775

Plumbers, Gas Fitters & Electricians

2021-22

2020-21

Applications for new licences/registrations or change of conditions received

3,723

3,456

Act or Regulation

Requirement

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 

2021-22

2020-21

Total tenant provided residential bonds held

172,463

169,191

Total Housing SA provided residential bonds held

171

174

Total Housing SA residential bond guarantees held

61,768

66,603

Total residential bonds held

234,402

235,968

Residential Tenancies Bonds

2021-22

2020-21

Residential bonds lodged

52,701

52,818

Residential bonds refunded

52,182

54,137

Incoming contact

2021-22

2020-21

Incoming bond calls

40,707

42,286

Incoming emails requesting advice

10,650

10,500

Advice

2021-22

2020-21

Tenancy advice provided

21,156

22,401

Expiation notices issued

0

10

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 2022.

Act or Regulation

Requirement

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

2021-22

2020-21

Total residential park bonds held

919

921

Total residential park bonds held ($)

$513,858

$504,614

Residential park bonds lodged

183

197

Residential park bonds refunded

160

185

Act or Regulation

Requirement

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 

2021-22

2020-21

Held by bodies corporate

Second-hand motor vehicle dealers

465

436

Second-hand motor cycle dealers

31

26

Held by natural persons

Second-hand vehicle dealers

1,032

978

Second-hand motor cycle dealers

42

38

Total

1,570

1,478

Applications for new licences/registrations received

Second-hand vehicle dealers

239

222

Second-hand motor cycle dealers

13

2

Registration of trading premises (new application)

57

56

A copy of the report on the administration of the Second-hand Vehicles Compensation Fund will be available on the Consumer and Business Services website on or before 31 December 2022.

Act or Regulation

Requirement

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

2021-22

2020-21

Held by bodies corporate

567

543

Held by natural persons

9,456

8,999

Total 

10,023

9,542

Applications for new licences or change of conditions received

1,665

1,613

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 for Innovation and Skills, Department of Infrastructure and Transport, 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.