OCBA - Assurances given in 2004

Please note: The following matters have not been the subjects of court findings. Therefore, the allegations that have given rise to the assurances have not been proven in a court of law. The traders gave the assurances voluntarily after investigations by Office of Consumer and Business Affairs staff of complaints against them.


	Trader	Date	Related Act	Undertaking

649	SIMEONAKIS, Spiros trading as WEEKS AND MACKLIN NORTHERN REGION	13 Jan 2004	Land Agents Act 1994 Section 6	Will refrain from acting as an agent until registered.
650	WEHBE, Tony	13 Jan 2004	Second-hand Vehicle Dealers Act 1995 Section 7(1)	Will refrain from carrying on business or holding out to be a second-hand vehicle dealer without the prescribed licence.
651	DURBIN, Elaine Mavis trading as LJ HOOKER HENLEY BEACH and LJ HOOKER SEMAPHORE	15 Jan 2004	Land Agents Act 1994 Section 6	Will refrain from carrying on business as a land agent unless registered.
652	CORPORAL SECURITY PTY LTD	14 Jan 2004	Security and Investigation Agents Act 1995 Section 12A	Will refrain from employing unregistered persons to carry out functions of security agent.
653	AQUILA INTERNATIONAL PTY LTD trading as MORGAN'S FIRST NATIONAL	23 Jan 2004	Land Agents Act 1994 Section 6(1)	Will refrain from carrying on business as a land agent unless registered.
654	McGEES (SA) PTY LTD	15 Jan 2004	Land Agents Act 1994 Section 21(1)	Will comply with Keeping of Records provisions of the Act.
655	MATTHEWS REAL PROPERTY MANAGEMENT PTY LTD	11 Feb 2004	Land Agents Act 1994 Section 6, 62(2)	Will refrain from holding out or carrying on business as a land agent without registration and refrain from failing to lodge security bonds within the prescribed time.
656	CARBONE, Francesco Bagyio	23 Feb 2004	Security and Investigation Agents Act 1995	Director of insolvent company.
657	CARBONE, Teresa	23 Feb 2004	Security and Investigation Agents Act 1995	Director of insolvent company.
658	SYSTEM REAL ESTATE PTY LTD	18 Mar 2004	Land Agents Act 1994 Section 6(1)	Will refrain from carrying on business as a land agent unless registered.
659	STONER, Shane Kentore	4 Apr 2004	Plumbers, Gas fitters and Electricians Act 1995 Section 6(1)(a)	Will refrain from carrying on business as an electrical contractor without a prescribed electrical contractors licence.
660	BODY WORKSHOP FITNESS PTY LTD	20 Apr 2004	Fair Trading Act 1987 Section 58 (g)	Will refrain from making statements in relation to the price of memberships at the Body Workshop franchises that are misleading and will implement a compliance program to ensure that all employees of Body Workshop Fitness Pty Ltd, and the Body Workshop franchises and their employees are educated about the provisions in the Fair Trading Act which relate to making false and misleading statements in respect to the price of goods or services.
661	SAMSON, Angus Weir	23 Apr 2004	Building Work Contractors Act 1995 Section 6(1)(b)	Will refrain from advertising or otherwise holding out as being entitled to carry on business as a building work contractor without a prescribed licence. Will refrain from making a statement that is false or misleading in a material particular (whether by reason of inclusion or omission of any particular) in information provided, or record kept under the Building Work Contractors Act 1995.
662	NASILOWSKI, Christopher	24 May 2004	Second-hand Vehicle Dealers Act 1995 Section 7(1)	Will refrain from engaging in carrying on business as a second-hand vehicle dealer, without a prescribed licence.
663	MOSS, Sandra	25 May 2004	Second-hand Vehicle Dealers Act 1995 Section 33(3)	Will not purport to exclude a consumer's right to a statutory warranty.
664	P & O Real Estate Pty Ltd trading as City Metro Realty	25 May 2004	Land Agents Act 1994 Section 6	Will refrain from carrying on business as a land agent without registaration.
665	CARBONE, Francesco Bagyio	31 May 2004	Security and Investigation Agents Act 1995 Section 25(1)(a)	Will, by 16 July 04, enrol in and make full payment for a company directors course conducted by Australian Institute of Company Directors and provide documentary proof of enrolment and payment.Will undertake to change my licence to be subject to an employee condition pursuant to sec 7(a)(1) and 7(b)(1) should I fail to meet the above.Will by 16 Feb 05 complete the company directors course and provide documentary proof of that completion.
666	CARBONE, Teresa	31 May 2004	Security and Investigation Agents Act 1995 Section 25(1)(a)	Will by 16 July 04 enrol in and make full payment for a company directors course conducted by Australian Institute of Company Directors and provide documentary proof of enrolment and payment.Will undertake to change my licence to be subject to an employee condition pursuant to sec 7(a)(1) and 7(b)(1) should I fail to meet the above.Will by 16 Feb 05 complete the company directors course and provide documentary proof of that completion.
667	COTIS, Constantino	7 Jun 2004	Building Work Contractors Act 1995 Section 34(a)	Will not commence building work without a policy of indemnity insurance in place.
668	COTIS, Carmel	7 Jun 2004	Building Work Contractors Act 1995 Section 34(a)	Will not commence building work without a policy of indemnity insurance in place.
669	BROADFIELD PTY LTD trading as ON TIME REALTY	10 Jun 2004	Land Agents Act 1994 Section 6(1)	Will refrain carrying on business as a land agent without the appropriate registration.
670	TENIKOFF, Robert	22 Jun 2004	Building Work Contractors Act 1995 Section 6 (1) (a)	Will refrain from carrying on business as a building work contractor without a prescribed licence.
671	KERR JUNIOR, Peter Douglas trading as SEMAPHORE WRECKERS	6 Jul 2004	Second-hand Vehicle Dealers Act 1995 Section 7 (1)	Will refrain from carrying on business as a second-hand vehicle dealer without holding a prescribed licence.
672	HOMBURG GROUP PTY LTD trading as HOMBURG FIRST NATIONAL REAL ESTATE	20 Jul 2004	Land and Business (Sale and Conveyancing) Act 1994 Section 23(2)	Will refrain from engaging in conduct, which will give rise to disciplinary action by virtue of an employee of the company having a direct or indirect interest in land, that the agent is commissioned to sell.
673	KNEIGER, James trading as BJ HOME CONSTRUCTIONS	21 Jul 2004	Building Work Contractors Act 1995 Section 6(1)(a), 34(a)	Will refrain from carrying on business as a building work contractor without a prescribed licence.Will refrain from commencing building work without first taking out a policy of indemnity insurance.
674	BJ HOME CONSTRUCTIONS	21 Jul 2004	Building Work Contractors Act 1995 Section 6(1)(a), 34(a)	Will refrain from carrying on business as a building work contractor without a prescribed licence.Will refrain from commencing building work without first taking out a policy of indemnity insurance.
675	TEMPLETON CONSTRUCTIONS PTY LTD	2 Aug 2004	Building Work Contractors Act 1995 Section 34(a)	Will refrain from commencing building work without first taking out a policy of indemnity insurance.
676	LEWIS, Colin	11 Aug 2004	Plumbers, Gas fitters and Electricians Act Section 13(a)	Will refrain from performing gas fitting work without a workers registration.
677	HALTIS AND ASSOCIATES PTY LTD	27 Aug 2004	Land Agents Act 1994 Section 6(1)	Will refrain from acting as a land agent unless registered.

CHILLTECH PTY LTD	2 Sep 2004	Building Work Contractors Act 1995 Section 6(1)(a)	Will refrain from carrying on business as a building work contractor and/or electrical contractor without prescribed licences.
			Plumbers Gas Fitters and Electricians Act 1995 Section 6(1)(a)	Will refrain from carrying on business as a building work contractor and/or electrical contractor without prescribed licences.
679	BROWN, Steven	9 Sep 2004	Building Work Contractors Act 1995 Section 6(1)(a)(b)	Will refrain from carrying on business as a building work contractor without a prescribed licence and advertising holding out as being entitled to carry on business as a building work contractor.
680	FRENCH, Brett Andrew	17 Sep 2004	Building Work Contractors Act 1995 Section 34(a)	Will refrain from failing to take out policies of indemnity insurance.
698	FOCUS NATIONAL Pty Ltd	6 Dec 2004	Fair Trading Act 1987	Will refrain from promoting the sale of company products and services throughout South Australia by way of advertisements which contain statements implying endorsement by the Commissioner for Consumer Affairs or his authority.
699	FOCUS NATIONAL Pty Ltd	6 Dec 2004	Fair Trading Act 1987	Will refrain from promoting the sale of company products and services throughout South Australia by way of advertisements which contain statements implying endorsement by the Commissioner for Consumer Affairs or his authority.
681	ABBASSIAN, Fariborz	10 Dec 2004	Second Hand Vehicle Dealers Act 1995	Will refrain from purporting to exclude a consumer's right to a statutory warranty.
			Second Hand Vehicle Dealers Act 1995	Will refrain from failing to state a place of repair on contracts for the sale of a second-hand motor vehicle.
682	MAGHSOODI, Masood	8 Dec 2004	Second Hand Vehicle Dealers Act 1995	Will refrain from purporting to exclude a consumer's right to a statutory warranty.
696	THOMPSON, Phillip Russell	14 Dec 2004	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor without a prescribed building work contractors licence.
			Second Hand Vehicle Dealers Act 1995	Will refrain from failing to state a place of repair on contracts for the sale of a second-hand motor vehicle.
683	JANETZKI, Gary John	22 Dec 2004	Land Agents Act 1994	Will refrain from holding out as a land agent without being registered.
684	GARY JANETZKI REAL ESATTE PTY LTD	23 Dec 2004	Land Agents Act 1994	Will not carry on business as a land agent without registration.
			Land Agents Act 1994	Will ensure that its agent's business is properly managed and supervised by a registered agent who is a natural person.
			Residential Tenancies Act 1994	Will lodge tenancy bonds with the Commissioner of Consumer Affairs within the prescribed 30 days of receipt of the bond.

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