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• Real Estate Review
• Consumer protection in the travel services market
• Residential tenancy databases - Draft Bill
• Recreational Services
• Building Work Contractors Act 1995 (BWC)
• Fair Trading Act Review
• Real Estate Draft regulations
• Finance Broking consultation package
• Ticket Sales and Scalping - Draft Code of Practice
• Real Estate Industry Guides and Forms
• Building Work Contractors Act 1995
• Building Work Contractors Act 1995
• Payday lending in South Australia
• Residential parks bill 2006
• Public comment on telemarketing
• Co-operatives variation regulations 2005
• Trail Horse Riding
• Finance and Mortgage Brokers
• Liquor, Gambling and Security Industry Reform
• Amendment Bill 2004
• 2004 Amendment Bill - Report
• Second-hand Vehicle Dealers (Cooling-off Rights)
• 2004 Discussion Paper
• Amendment Bill 2004
• 2003 Discussion Paper
• Property Investment
• Real Estate Industry - Reform
• Real Estate Working Party Final Report
• Travel Agent

Real Estate Review

The government is reviewing some of the real estate reforms that were introduced in 2008. These are the reforms in parts 4 and 4A of the Land and Business (Sale and Conveyancing) Act 1994. The discussion period for this paper has now ended.
Detailed provisions (102 KB PDF file)

Consumer protection in the travel services market

Submissions are invited from all interested parties on the review of consumer protection measures in the travel and travel related services market in Australia. Decisions about appropriate action will be made once submissions have been considered. The discussion period for this paper has now ended.
  Issues Paper (2.5 MB PDF file)

Residential tenancy databases - Draft Bill

Submissions are invited from SA stakeholders on the draft model provisions for regulating residential tenancy databases. Decisions about appropriate action will be made once submissions have been considered. The discussion period for this paper has now ended.
Consultation package (206 KB PDF file)

Recreational Services

The Office of Consumer and Business Affairs is inviting comments from recreational service providers and other interested persons about a proposed framework to replace the Recreational Services (Limitation of Liability) Act 2002. Further information about the framework is in the discussion paper.

Decisions about appropriate action will be made once submissions have been considered. The discussion period for this paper has now ended.
  Recreational Services Discussion Paper (60 KB PDF file)

Building Work Contractors Act 1995 (BWC)

In 2005, the Minister for Consumer Affairs announced a review of the builders licensing system that operates in South Australia. The review has been divided into three parts, each part being reflected in 3 separate discussion papers. The first discussion paper dealt with licensing and the scope of building work regulated under the Building Work Contractors Act 1995 (the BWC Act). The second paper concentrated on contracts and building indemnity insurance, including issues associated with ‘owner builders'. This third paper concentrates on matters related to discipline and compliance, with the view to improving the ability of consumers and traders to resolve disputes quickly and fairly, and to ensure the fast and fair resolution of disciplinary action against unscrupulous traders.

Decisions about appropriate action will be made once submissions have been considered. The discussion period for this paper has now ended.
  Discussion paper III (87 KB PDF file)

Fair Trading Act Review

The Fair Trading Act protects consumers by prohibiting unfair business practices, including misleading or deceptive and harsh or unconscionable trading conduct.The review will look at the existing provisions of the Act to ensure that they are operating effectively, and will canvass whether there are any emerging issues of consumer concern that are not adequately covered.

Decisions about appropriate action will be made once submissions have been considered. The discussion period for this paper has now ended.

  Fair Trading Act Review (521 KB PDF file)

Real Estate Draft regulations

Before the REIR Act can commence, a number of regulations must be finalised. This consultation paper is published in order to ensure industry and the public have the opportunity to comment on the first draft of these regulations.

Decisions about appropriate action will be made once submissions have been considered. The discussion period for this paper has now ended.

Consultation Paper - Draft Regulations (53 KB PDF file)
Conveyancers Variation Regulations 2008 (110 KB PDF file)
Land Agents (No 2) Variation Regulations 2008 (125 KB PDF file)
Land and Business(Sale and Conveyaning) Variation (150 KB PDF file)

Finance Broking consultation package

The use of brokers to access credit for both personal and business use has increased significantly over the past few years. The Ministerial Council on Consumer Affairs has put out a draft bill aimed at introducing nationally consistent legislation to regulate the broking market.

Decisions about appropriate action will be made once submissions have been considered. The discussion period for this paper has now ended.

  Finance broking legislation discussion paper (871 KB PDF file)

Ticket Sales and Scalping - Draft Code of Practice

Ticket scalping involves the purchase of blocks of tickets with the intention to resell the tickets at a profit. This practice can have the effect of distorting the market for tickets to popular events, forcing those who can afford it to pay more than the face value of tickets, and excluding those who cannot.

A Working Party was formed in November 2006 to examine measures to address the problem of ticket scalping. The Working Party has now developed a draft Code of Practice which is designed to address the problem of ticket scalping.

Decisions about appropriate action will be made once submissions have been considered. The discussion period for this paper has now ended.

Draft Code for Consultation 28_11_07.pdf (36 KB PDF file)

Real Estate Industry Guides and Forms

The reforms contained in the Real Estate Industry Reform Act 2007 have required the development of new guides, forms and regulations.
Decisions about appropriate action will be made once submissions have been considered. The discussion period for this paper has now ended.


  Discussion Paper Real Estate Industry Reform (30 KB PDF file)
  New Qualifications (48 KB PDF file)
  Qualifications Schedules - consultation (40 KB PDF file)
  Real Estate forms (131 KB PDF file)

Building Work Contractors Act 1995

Contracts, building indemnity insurance and building consultants

Last year the Government commenced a review of the builders licensing system that operates in South Australia. The review will consider aspects of licensing, discipline and the District Court, contracts, building consultants and the effectiveness of the building indemnity insurance scheme.

The first discussion paper on licensing and the scope of building work was published in 2006. This discussion paper deals with contracts, building indemnity insurance and building consultants. The third paper will concentrate on discipline, compliance and the District Court and will be released later this year.

Decisions about appropriate action will be made once submissions have been considered. The discussion period for this paper has now ended.


  Building work discussion paper (75 KB PDF file)

Building Work Contractors Act 1995

Licensing and the scope of building work

Last year, the Minister for Consumer Affairs announced a review of the builders licensing system that operates in South Australia. The review will consider aspects of licensing, discipline and the District Court, contracts and the effectiveness of the building indemnity insurance scheme.

Rather than deal with the entire review at once, the review has been divided into three parts that will be managed throughout 2006. This discussion paper deals with licensing and the scope of building work regulated under the Building Work Contractors Act 1995 (the BWC Act). The second paper will concentrate on contracts and building indemnity insurance, which will also include issues associated with 'owner builders' and the third paper will concentrate on discipline, compliance and the District Court.

Decisions about appropriate action will be made once submissions have been considered. The discussion period for this paper has now ended.

  Licensing the scope of building work (114 KB PDF file)

Payday lending in South Australia

The Minister for Consumer Affairs has released a discussion paper inviting public comment on possible action to regulate the practice of payday lending in South Australia. The discussion period for this paper has now ended.
  Discussion Paper payday lending (257 KB PDF file)

Residential parks bill 2006

The Residential Parks Bill 2006 will implement the recommendations of a review of residential tenancies legislation prepared for the Minister for Consumer Affairs. The purpose of the Bill is to regulate the rights and responsibilities of residents and park operators involved in long-term residential park accommodation arrangements.

The discussion period for this paper has now ended. The draft Bill is currently before parliament

Public comment on telemarketing

The State Government is seeking public comment about possible regulation of telemarketing, that is, the practice of selling goods or services by telephone calls, especially to private homes.

You can download the discussion paper here. The discussion paper for this paper has now ended.

Co-operatives variation regulations 2005

The Co-operatives Act 1997 applies the significant financial reporting provisions of the Corporations Act 2001. Schedule 2A of the Co-operatives Regulations 1997 specifies the modifications to the Corporations Act provisions to make them applicable to co-operatives.

The Corporations Act was amended on 1 July 2004 as a consequence of a Corporations Law Economic Reform Program. This included provisions for the appointment of companies (in addition to individuals and firms) as auditors, the enhancement of auditor independence, and reporting by auditors of suspected significant contraventions of the Act.

Consequently, amendments to Schedule 2A to the Co-operatives Regulations were made so that the applied Corporations Act provisions are suitable in their application to co-operatives. The two main amendments are:

• to preserve the ability of OCBA to approve of a person who is not a registered company auditor as the auditor of a co-operative; and
  
• to insert a contravention in relation to any exemption from the financial reporting requirements given under s 234 of the Act.

All other amendments are of a minor nature.

The variation regulations are available below. They commenced operation on 1 December 2005, No 246 of 2005, as published in the South Australian Gazette of that date, page 4081.
  Cooperatives variation regulations 2005 (45 KB PDF file)

Trail Horse Riding

The Office of Consumer and Business Affairs has received a safety code from The Horse Federation of South Australia Inc., also known as Horse SA, for registration under the Recreational Services (Limitation of Liability) Act 2002. The code relates to the recreational activity of trail horse riding.

The discussion period for this paper has now ended. A copy of the draft code can be downloaded below.

  Trail horse riding (94 KB PDF file)

Finance and Mortgage Brokers

The Ministerial Council on Consumer Affairs has prepared a Regulatory Impact Statement Discussion Paper on the finance and mortgage broking industry. This paper outlines problems reported in the industry and identifies some options available for regulation.

A copy of this paper can be viewed by clicking on the link below. The discussion period for this paper has now ended.

Regulatory Impact Statement Discussion Paper

Liquor, Gambling and Security Industry Reform

On 9 December, 2004, the Attorney-General, the Hon. Michael Atkinson, M.P., tabled in the House of Assembly the Statutes Amendment (Liquor, Gambling and Security Industries) Bill 2004.

The Bill incorporates many amendments to the Security and Investigation Agents Act 1995 as well as amendments to the Liquor Licensing Act 1997 and the Gaming Machines Act 1992. The amendments are intended to deal with two separate but related issues: first, the infiltration of organised crime into the security and hospitality industries; and secondly, violence and aggressive behaviour by crowd controllers working in licensed premises or at licensed events.

The Bill was introduced to Parliament prior to the summer break to allow time for consultation with industry groups. Representatives of the security and hospitality industries have been informed about the government's intentions to introduce much needed reforms to the crowd controller vocation and they have indicated their support. The consultation period will allow them, as well as others, to consider and comment on the details of the proposal.

A copy of the Bill may be downloaded below. The discussion period for this paper has now ended.

Amendment Bill 2004

  Amendment bill 2004 (232 KB PDF file)

2004 Amendment Bill - Report

  Amendment bill 2004 - report (189 KB PDF file)

Second-hand Vehicle Dealers (Cooling-off Rights)

In July 2004, the Minister for Consumer Affairs announced the Government's intention to introduce a cooling off period for purchasers of second-hand vehicles from licensed vehicle dealers. This followed a public consultation process and the release of a discussion paper in 2003.

Interested stakeholders now have the opportunity to comment on how the detail in this proposal will operate. Attached is a discussion paper and draft Bill that addresses the basic framework of the cooling off period process. Important issues, such as how a cooling off period might be waived by a purchaser, still need to be determined. This is your opportunity to contribute to those issues.

In addition, the paper raises two issues that were not previously raised in the first discussion paper in 2003. These are:

• A proposal to prohibit the sale of vehicles by dealers on consignment; and
• A proposal to reduce the class of vehicles to which warranties must be given from 15 to 10 years.

The discussion period for this paper has now ended.

2004 Discussion Paper

  2004 discussion paper ( PDF file)

Amendment Bill 2004

  Amendment bill 2004 ( PDF file)

2003 Discussion Paper

  2003 discussion paper ( PDF file)

Property Investment

Getting accurate and complete advice is essential for making good property investment choices.

Commonwealth, State and Territory consumer protection agencies are seeking your views or information on your experience of property investment advice.

A copy of the discussion paper can be downloaded by clicking on the link below. The discussion period for this paper has now ended.
  Property investment (1.9 MB PDF file)

Real Estate Industry - Reform

Public comment is invited on a consultation draft Bill. The Statutes Amendment (Real Estate Industry Reform) Bill 2004 implements the recommendations of a review of the real estate industry and of the adequacy of the existing legislation regulating that industry.

The review was commissioned by the Minister for Consumer Affairs in 2003. It was prompted by an earlier Private Member's Inquiry into the real estate industry by the Member for Enfield, John Rau MP.

The Bill addresses concerns about practices including dummy bidding at auctions, over-quoting by agents to secure property listings and bait advertising of properties for prices well below the actual estimated selling price. Undisclosed conflicts of interest and other misleading or deceptive conduct by agents are also addressed by this Bill.

The reforms are wide-reaching. They will establish clear standards for land agents as to what is lawful and ethical behaviour in the selling of real estate. The measures are designed to be practical and enforceable solutions to the concerns of consumers about the lack of transparency of the real estate sale process and lack of accountability of land agents.

A copy of the consultation draft Bill and a detailed explanation of the Bill can be downloaded by clicking on the below links. The discussion period for this paper has now ended.
  Statutes amendment real estate reform bill 2004 (89 KB PDF file)
  Real estate industry reform bill 2004 (192 KB PDF file)

Real Estate Working Party Final Report

In early 2003, Hon Michael Atkinson MP, Minister for Consumer Affairs, announced the establishment of a working party to examine issues relating to practices in the real estate industry associated with the sale of residential housing. The working party was also asked to consider the recommendations contained in a report prepared by the Member for Enfield, Hon John Rau MP, following a private member's enquiry in 2002.

The Real Estate Working Party was comprised of an independent chair, Valerie Kupke (University of South Australia), John Rau MP and senior representatives of the Office of Consumer and Business Affairs and the Real Estate Institute of South Australia. The working party's report was finalised in late July 2003 and delivered to the Minister for consideration of the recommendations, which relate to sales agency agreements, auctions, regulation of the industry and many other issues. The report was publicly released and is available below.

The Government accepted the majority of the working party's recommendations, a large number of which will be implemented by way of legislative reform.
  Real estate working party final report (973 KB PDF file)

Travel Agent

National Scheme for the Regulation of Travel Agents

At the September 1996 meeting of the Ministerial Council on Consumer Affairs (MCCA), Ministers initiated a National Competition Policy Review of the National Scheme for the Regulation of Travel Agents. Ministers agreed than an external consultant, the Centre for International Economics ('CIE'), would conduct the review.

Upon completion of the CIE report in March 2000, Ministers expressed concern that the report did not sufficiently consider the public benefit and whether that outweighed any possible anti-competitive effects of the existing scheme. MCCA resolved to refer the report to the Standing Committee of Officials on Consumer Affairs for further consideration.

To view the CIE report click here.

The supplementary report represents the collective views of all jurisdictions except the Northern Territory, which has expressed its intention to pursue a different legislative scheme.

The NCP review report is available below.
  National co-operative regulation of travel agents (73 KB PDF file)

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