OCBA - Assurances given in 2007

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

746	PAPACHARISSIOU, Ioannis	10 Jan 2007	Plumbers, Gas Fitters and Electricians Act, 1995	Will refrain from performing electrical work outside the scope of his electrical workers registration.
747	J & M Pappas Electrical Pty Ltd	10 Jan 2007	Plumbers, Gas Fitters and Electricians Act, 1995	Will refrain from carrying on business as an electrical contractor whilst not being the holder of an electrical contractors licence.
748	Amanda Jane WARDLE	16 Jan 2007	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor whilst not authorised to do so by a building work contractors licence.
749	Layton George WARDLE	16 Jan 2007	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor whilst not authorised to do so by a building work contractors licence.
750	Mark Sheppard Real Estate Pty Ltd	23 Jan 2007	Land Agents Act 1994	Will refrain from holding itself out and carrying on business as a land agent without registration.
751	Bevan Property Services Pty Ltd	11 Jan 2007	Land Agents Act 1994	Will refrain from holding itself out and carrying on business as a land agent without registration.
752	JB Joyce Pty Ltd	9 Feb 2007	Land Agents Act 1994	Will refrain from carrying on business as a land agent without registration.
753	PH Flint Pty Ltd	9 Feb 2007	Land Agents Act 1994	Will refrain from carrying on business as a land agent without registration.
754	Coast & Country Management Pty Ltd	8 Feb 2007	Land Agents Act, 1994 & Business Names 1996	Will refrain from carrying on business as a land agent whilst not being registered as a land agent and from carrying on business under an unregistered business name.
755	Grace Real Estate (SA) Pty Ltd	16 Feb 2007	Land Agents Act 1994	Will refrain from carrying on business as a land agent without registration.
756	Robert J MacKenzie	1 Mar 2007	Fair Trading Act 1987	Will refrain from failing to provide a consumer with a notices in the prescribed form that explains their right to rescind the contract and a notice that may be used to rescind the contract. Will refrain from accepting consideration from a consumer under a prescribed contract, before the expiration of the cooling off period.
757	Startech Pty Ltd	2 Mar 2007	Fair Trading Act 1987	Will refrain from accepting consideration from a consumer under a prescribed contract, before the expiration of the cooling off period
758	Zbigniew Marszycki	30 Mar 2007	Second-hand Vehicle Dealers Act 1995	Will refrain from carrying on business as a second-hand vehicle dealer whilst not being the holder of a second-hand vehicle dealers licence.
759	Christopher John Manders	26 April 2007	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor without a prescribed building work contractors licence.
760	Alistair Vivian Barkla	23 April 2007	Building Work Contractors Act 1995	Will refrain from advertising and carrying on business as a building work contractor without a prescribed building work contractors licence.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.
761	Robert Timothy O'brien	4 May 2007	Plumbers,Gas fitters and Electricians Act 1995	Will refrain from carrying on business as a an electrical contractor whilst not being the holder of an electrical contractors licence.
762	Jamioe Le Tiec	14 May 2007	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor without a prescribed building work contractors licence.
763	Michael Bruce Johinke	29 May 2007	Plumbers, Gas Fitters and Electricians Act 1995	Will refrain from carrying on business as a an electrical contractor whilst not being the holder of an electrical contractors licence. Will refrain from acting as an electrical worker whilst not being the holder of an electrical workers registration.
764	Ross Bruce Bonshor	5 June 2007	Plumbers,Gas fitters and Electricians Act 1995	Will refrain from carrying on business as a gas-fitting contractor without a prescribed gas fitters contractors licence. Will refrain from performing work as a gas-fitting worker without a gas-fitters workers registration.
765	Todd Raymond Lewis	19 June 2007	Plumbers, Gas Fitters and Electricians Act 1995	Will refrain from carrying on business as a plumbing contractor without a prescribed plumbers contractors licence. Will refrain from performing work as a plumber worker without a plumbers workers registration.
766	Derek Sidney Garrett Sheppard	25 June 2007	Plumbers, Gas Fitters and Electricians Act 1995	Will refrain from carrying on business as an electrical contractor without a prescribed electrical contractors licence. Will refrain from performing work as an electrical worker without an electical workers registration.
767	Jared Harry Schmidt	18 July 2007	Plumbers,Gas fitters and Electricians Act 1995	Will refrain from carrying on business as an electrical contractor without a prescribed electrical contractors licence.
768	Luis Enrique Monserrat	18 July 2007	Second Hand Vehicle Dealers Act	Will refrain from carrying on business as a dealer, including selling and offering for sale, second-hand vehicles without a prescribed licence.
769	Shane Geoffry Capenter	11 July 2007	Plumbers, Gas Fitters and Electricians Act 1995	Will refrain from carrying on business as an electrical contractor without a prescribed electrical contractors licence.
770	Gary Dennis Clarke	07 Aug 2007	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor whilst not being the holder of building work contractors licence. Will refrain from advertising or otherwise holding out as being entitled to carry on business as a building work contractor without a licence.
771	FRZ Pty Ltd (trading as Studio 2000)	20 Sep 2007	Fair Trading Act 1987	Will refrain from publishing or causing to be published, through any medium including print, telephonic service, television, radio, the internet or email, or in any commercial publication, periodical, magazine, book, or similar, any statement which is misleading or deceptive or is likely to mislead or deceive in contravention of the Act.
				Will refrain from making representation, either verbally or in writing, that customers have won a prize or competition, unless the customers have won a prize or competition that the customer has knowingly entered. Will refrain from making representation either verbally or in writing, that customers will appear in advertisements for the company or establish a modelling career from purchasing FRZ photographs unless such representation can be substantiated. Will refrain from engaging in unconscionable conduct through exerting undue influence or pressure on consumers by engaging in high pressure sales techniques, such as employing unnecessarily long sale spiels, employing sales practices designed to deceive customers into believing that they were receiving exclusive price reductions, providing confusing price structures and advising customers that should they leave without committing to the contract they would not obtain promotional prices at a later date.
772	Wayne Klingberg	6 Sep 2007	Security and Investigation Agents Act 1995	Will refrain from carrying on business of a security contractor providing guards and patrols whilst not being properly licensed in breach of section 6 of the Security and Investigation Agents Act 1995
773	Studio 2000 Photographers Pty Ltd	10 Oct 2007	Fair Trading Act 1987	Will refrain from publishing or causing to be published, through any medium including print, telephonic service, television, radio, the internet or email, or in any commercial publication, periodical, magazine, book, or similar, any statement which is misleading or deceptive or is likely to mislead or deceive in contravention of the Act
				Will refrain from making representation, either verbally or in writing, that customers have won a prize or competition, unless the customers have won a prize or competition that the customer has knowingly entered. Will refrain from making representation either verbally or in writing, that customers will appear in advertisements for the company or establish a modelling career from purchasing Studio 2000 photographs unless such representation can be substantiated. Will refrain from engaging in unconscionable conduct through exerting undue influence or pressure on consumers by engaging in high pressure sales techniques, such as employing unnecessarily long sale spiels, employing sales practices designed to deceive customers into believing that they were receiving exclusive price reductions, providing confusing price structures and advising customers that should they leave without committing to the contract they would not obtain promotional prices at a later date.
774	Alfred Thomas Lunstedt	8 Oct 2007	Building Work Contractors Act 1995	Will refrain from carrying on business as a building work contractor without a prescribed licence, in contravention of section 6(1)(a) of the Building Work Contractors Act 1995.
775	Smart Home Technologies (Aust) Pty Ltd	4 Nov 2007	Plumbers, Gas Fitters and Electricians Act 1995	Will refrain from carrying on business as an electrical contractor without holding a licence, in contravention of section 6(1)(a) of the Plumbers, Gas Fitters and Electricians Act 1995.
776	Hoverla Ukrainian Credit Cooperative Limited	14 Dec 2007	Consumer Credit Code	Will refrain from breaching the Consumer Credit Code Sect 15 (b) fail to properly specify to whom the amount of credit was to be paid, Sect 15(g) fail to properly specify all fees was to be paid and Sect 21(3) charged a fee not authorised by credit contract.

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