OCBA - Assurances given in 2005

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

685	DUNNEN, Anton Den	31 Jan 2005	Building Work Contractors Act 1995Section 6(1)(a)	Will refrain from carrying on business as a building work contractor without a prescribed licence.

686	ERIKS DRAISKA INVESTMENTS PTY LTD trading as PLAZA REAL ESTATE	3 Feb 2005	Land Agents Act 1994Section 22(3)(b)	Will refrain from failing to lodge with the Commissioner for Consumer Affairs the company's trust account audit statement within the time allowed by or under the Land Agents Regulations 1995.

687	LENK, Gary Henry	11 Feb 2005	Plumbers, Gas Fitters and Electricians Act 1995	Will refrain from engaging unregistered electrical workers.

688	BALDINO, Giovanni	29 Mar 2005	Plumbers, Gas Fitters and Electricians Act 1995	Will refrain from performing gas fitting work whilst not being the holder of a gas fitting workers registration.

689	SONNTAG, John Raymond	4 May 2005	Plumbers, Gas Fitters and Electricians Act 1995	Will refrain from acting as a plumbing worker without a prescribed workers registration.

690	PRIOR, Peta Jane	20 May 2005	Land Agents Act 1994	Will refrain from carrying on business as a land agent without registration.

691	McCORQUODALE, David John trading as GARDEN FINESSE	20 May 2005	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor without a prescribed building work contractors licence.

692	SAUNDERS, Nicholas David	24 May 2005	Building Work Contractors Act 1995	Will refrain from contracting for building work while not authorised by a relevant licence.

			Plumbers, Gas Fitters and Electricians Act 1995	Will refrain from contracting for plumbing work while not authorised by a relevant licence.

			Plumbers, Gas Fitters and Electricians Act 1995	Will refrain from performing plumbing work while not authorised by a relevant workers registration.

693	COTTAM, Peter Lee trading as GARDEN FINESSE	24 May 2005	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor without a prescribed building work contractors licence.

694	FREER, Timothy	28 May 2005	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor without a prescribed building work contractors licence.

			Building Work Contractors Act 1995	Will refrain from advertising or otherwise holding myself out as being entitled to carry on business as a building work contractor without a prescribed licence.

695	A.C. KNOWLEDGE PTY LTD	27 May 2005	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor without a prescribed building work contractors licence.

697	McCONNELL, Robert Charles	7 July 2005	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor without a prescribed building work contractors licence.

700	KENDALL, John	3 August 2005	Fair Trading Act 1987	I will not in trade in commerce, in connection with the supply of goods, falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use.

701	Focus National Pty Ltd	7 September 2005	Fair Trading Act 1987	Will immediately refrain from entering into prescribed contracts with consumers, pursuant to the door-to-door sales provisions of the Act, that do not comply with the requirements of section 17 (1) of the Act.Will not accept money or other consideration from a consumer under a prescribed contract before the expiration of the cooling-off period.

702	BROUGHAM, Brenton	21 September 2005	Building Work Contractors Act 1996	Will refrain from engaging in carrying on business as a building work contractor while not authorised by a licence. Will refrain from entering into a contract for the provision of building work, requiring approval under the Development Act 1993, and to a value greater than $12,000 without a policy of indemnity insurance.

703	Gregory William MIDSON	21 September 2005	Conveyancers Act 1994	Will refrain from having any involvement in the administration of a trust account or from having any dealings with money held on trust, in the course of my employment, or as otherwise engaged, in the business of a conveyancer.

704	FOCUS NATIONAL PTY LTD	26 October 2005	Fair Trading Act 1987	Will immediately refrain from asserting a right to payment of an amount which does not reflect the actual losses incurred as a result of a cancellation of a contract.

705	KELURS REAL ESTATE PTY LTD	4 November 2005	Land Agents Act 1994	Will refrain from holding out and carrying on business as a land agent without registration.

706	TAG ENTERPRISES PTY LTD	9 November 2005	Fair Trading Act 1987	Will refrain from advertising, promoting or falsely representing that a property for sale has particular features, fittings, appointments or qualities that it does not have, which is likely to mislead or deceive.

707	YALKI PTY LTD	29 November 2005	Fair Trading Act 1987	Will immediately refrain from entering into prescribed contracts with consumers, pursuant to the door-to-door sales provisions of the Act, that do not comply with the requirements of the Act.
				Will not accept money or other consideration from a consumer under a prescribed contract before the expiration of the cooling-off period.

708	HALLAM, Gary Barton	5 December 2005	Plumbers, Gasfitters and Electricians Act 1995	Will refrain from carrying on business as a plumbing contractor without a prescribed plumbing contractors licence.
				Will refrain from acting as a plumbing worker without a prescribed plumbing workers registration.

709	TAYLOR, John Paul	22 December 2005	Building Work Contractors Act 1996	Will refrain from engaging in carrying on business as a building work contractor without a prescribed licence.
				Will refrain from failing to take out policies of building indemnity insurance.

710	TAYLOR, Chris	22 December 2005	Building Work Contractors Act 1996	Will refrain from failing to take out policies of building indemnity insurance.

711	MEURIS, Richard John	30 December 2005	Security & Investigation Agents Act 1995	Will refrain from carrying on the duties of a security agent whilst not licensed.

712	SELAK, Mesud	30 December 2005	Second Hand Vehicle Dealers Act 1995	Will refrain from carrying on the business of, and holding out to be, a second-hand vehicle dealer without a second-hand vehcile dealers licence.

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