Report to the Minister for Consumer AffairsFor the Year Ended 30 June 2002

Ordered to be PrintedVICTORIAN GOVERNMENT PRINTER No. 1 Session 2003

Department of JusticeDirectorConsumer & Business Affairs Victoria

3/452 Flinders StreetMelbourne, Victoria 3000GPO Box 123AMelbourne, Victoria 3001Telephone: (03) 9627 6017Facsimile: (03) 9627 6040Email: consumer@justice.vic.gov.auDX210220

The Hon. John Lenders MLCMinister for Consumer Affairs555 Collins StreetMelbourne 3000

Dear Minister

Annual Report 2001–2002

I present to you my report on the activities and operations of Consumer and Business AffairsVictoria for the year ended 30 June 2002.

The document has been prepared in satisfaction of section 102 of the Fair Trading Act 1999and section 16 of the Credit (Administration) Act 1984 for you to lay before each House ofParliament.

Yours sincerely

DR DAVID COUSINSDIRECTOR

Change of NameThis report covers the activities and operation of Consumer and Business Affairs Victoria from 1 July 2001 to 30 June 2002. As from 18 July 2002, Consumer and Business Affairs

Victoria was changed to Consumer Affairs Victoria. The name aims to focus attention on the core functions of the office. In this annual report the office will be referred to as

Consumer Affairs Victoria or CAV.

Director’s Foreword vii

Chapter 1About Consumer Affairs Victoria 1What does Consumer Affairs Victoria do? 1How is Consumer Affairs Victoria structured? 2What are Consumer Affairs Victoria’s objectives? 2What were the highlights for 2001–2002? 4Snapshot of Consumer Affairs Victoria

advice and services 5How does Consumer Affairs Victoria

cooperate with other governments? 6

Chapter 2Raising Consumers’ Awareness 7 Advising Consumers and Tenants 7Publications 8A New Look at Communications 9Communicating in the Community 10Campaigns 11The CAV Website 12Media Relations 12Community Agencies 13Improving Access for Disadvantaged Consumers 14Reviews of CAV Services 16Product Safety and Standards 17Promoting Product Safety and Standards 17Information Gathering and Exchange 19Standards Development 20Banning Orders 20

Chapter 3Improving Traders’ Behaviour 21Business Registration and Licensing Services 21Business Names 21Associations, Cooperatives and LimitedPartnerships 22Licensing of Regulated Businesses and Occupations – Business Licensing Authority 22New Developments in Online Registration 24Guarantee Fund Claims 25Fundraiser Registrations 27Compulsory Education for Estate Agents 28Code of Conduct for Marketing

Electricity in Victoria 28Consumer Utilities Advocacy Centre 28Ticket Scalping 28

Contents

Chapter 4Consumer ProtectionResolving Disputes and Enforcing the Law 29Resolving Disputes 29Analysis and Outcomes 29Residential Tenancies 30General Problems with Traders 2001–2002 31Estate Agents Resolution Service 33Compliance Monitoring 33Licensed and Regulated Occupations 33Inspections 34Industry Blitzes 35Property Sales of Beneficial Interest

to Estate Agents 35Underquoting House Prices 36Enforcement Activities 36Enforcement Outcomes 37

Chapter 5Maintaining an Effective ConsumerProtection Framework 43Policy and Legislation 43Fundraising Appeals 43Pawnbrokers 44Unconscionable Conduct 44Payday Lending Changes 44Payday Loans 45Other Legislative Changes 46Regulations Made or Revoked 46Building 46Marketplace Discrimination Against Women 47Review of the Fair Trading Act 1999 47Other Reviews 48Emerging Issues in Fair Trading 49Fuel 50Electronic Commerce 52 Comparison Interest Rates 53Consultative Bodies 54

Appendices 561. Making a Consumer Complaint 572. Enforcement Actions 583. Enforceable Undertakings 774. Consumer Affairs’ Community Program 995. Estate Agents’ Guarantee Fund 1026. Motor Car Traders’ Guarantee Fund 1037. Trust Funds Administered by CAV 1058. Key Financial Indicators 1069. Legislation Administered by CAV 108

This Report covers the year 2001–2002. For thegreat majority of this period Ms Bernadette Steelewas the Director of Consumer and Business Affairs.My appointment commenced on 24 June 2002 andthe title of the position was changed shortly afterthat to Director of Consumer Affairs. This report hasbeen prepared under my supervision. I would like toacknowledge on behalf of the staff the contributionmade by Ms Steele during her term as Director.

I would also like to acknowledge the commitmentof the two Ministers who have had responsibility forConsumer Affairs over the year. The Hon. MarshaThomson MP was the Minister for ConsumerAffairs from 20 October 1999 to 11 February 2002.The Hon. Christine Campbell MP took over thisresponsibility on 12 February 2002.

Victoria has had a designated consumerprotection agency since 1965 when theConsumer Protection Council was established,the first body of its kind in Australia. A Ministryof Consumer Affairs was established in 1975.This became the Office of Fair Trading andBusiness Affairs in 1992, a separate business unitin the Department of Justice. The Office becameknown as Consumer and Business AffairsVictoria in 2000 and Consumer Affairs Victoria(CAV) in 2002. CAV has continued to operate asa business unit of the Department of Justice, andI would like also to express appreciation for thesupport given to CAV by the Secretary of theDepartment, Mr Peter Harmsworth.

The essential role of Consumer Affairs Victoria isto protect and promote the interests ofconsumers. It does this by advocating legislativeand administrative measures to promote basicconsumer rights recognised by the internationalconsumer movement and by the United Nations.It also does this by facilitating the efficientoperation of markets by dealing with marketfailures, especially those associated withinformation asymmetry and excessively easy

market entry and exit. Finally, by focussing itsattention primarily on the problems faced byvulnerable and disadvantaged consumers, CAVcan maximise its impact on community welfare.

Many businesses also benefit from efforts to protectand promote the interests of consumers. In particular,businesses adhering to legal and ethical standardsbenefit from actions taken to curb the conduct ofbusinesses trading illegally or unethically. Industry asa whole benefits from the enhanced confidenceconsumers have in the operation of markets as a resultof consumer protection.

I am pleased to note that Consumer Affairs Victoriahas moved to reflect more clearly its core consumerprotection role and, furthermore, that it has adopteda much clearer focus on assisting vulnerableconsumers. In particular, attention has been given toensuring better communication with vulnerableconsumers and providing them with easier access toCAV services.

CAV is moving to enhance its liaison and contactswith Culturally and Linguistically Diverse groupsand Indigenous communities. It has focussedattention on issues of discrimination in the marketplace, for example women paying more for motorvehicles from second-hand dealers and for servicefrom hairdressers.

As a state-based consumer protection agency,CAV must work closely with other State,Territory and Commonwealth agencies operatingin the same field. As far as possible, consumerlaws and their administration across Australianeed to be harmonised and duplication avoided.Otherwise costs for business will be raised, to theultimate detriment of consumers. In many casesit will be in Victoria’s interest to take the lead inpromoting national approaches to consumerproblems. It has done this in a number of areasover the past year, including in relation to e-commerce and petrol temperature correction.

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Director’s Foreword

CAV also needs to work in partnership withbusiness and community organisations willing toassist in meeting its consumer protection objectives.This is particularly important in relation toeducation, information and awareness programs.During the year an independent review of CAV’scontracted agency program was conducted. Thisconfirmed the importance of the program, and theneed to continue to develop productive partnershiplinks with local community organisations.

Effective consumer protection requires a willingnessand ability to take enforcement action to ensurecompliance with consumer laws. CAV is moving toenhance the effectiveness of its enforcementactivities. An important step in this direction duringthe past year has been the review of the Fair TradingAct 1999. This Act should be the key legislativefocus of CAV. It is desirable that it be rejuvenatedand utilised more fully. If this general law is noteffective, there will be continuing pressures for newlegislation to deal with specific problems andspecific problem industries.

CAV receives many enquiries and complaints. Not allcomplaints are justified, but most reflect a breakdownof complaint handling by businesses. CAV generallywill only become involved after the consumer hascontacted the business concerned to try to resolve theproblem. CAV conciliates complaints on behalf ofconsumers. It is also necessary that it deals withsystemic problems raised by complaints and activelyseeks to reduce the number of complaints coming toit by encouraging better business practices. It isdisappointing that some well known franchisebusinesses named in this report have failed toimplement effective complaint handling processes inline with the Australian standard.

CAV has a closer regulatory role in a number ofindustries that are subject to licensing orregistration requirements and also to specificconduct requirements. General laws and self- orco-regulatory schemes have not been deemed

adequate to deal with the problems encountered inthese industries. A significant number of unsuitableapplicants have been prevented from entering theseindustries over the past year by the licensing andregistration requirements. Conduct requirementshave been actively enforced through complianceaudits and other forms of active marketmonitoring. Benefits to the community from thisregulation are substantial.

CAV acknowledges the important contribution ofthe independent Business Licensing Authority(BLA) and the appeal body, the Victorian Civil andAdministrative Tribunal (VCAT), in theseregulated industries.

During the year, payday lenders were made subjectto registration, a separate registration requirementwas introduced for pawnbrokers, and changes tothe Fundraising Appeals Act 1998 shifted the focusfrom appeals being conducted to the peoplerunning the appeals.

The Register of Fundraisers is accessible via theinternet. It is one of a number of facilities comingonline as CAV makes a major investment in web-based business transactions that will save time forbusinesses and consumers. At present, people cansearch the Victorian Business Names Register andrenew their business names online. Next year, it isintended that several more transactions relating tolicensed industries will be brought online.

CAV operates in a constantly changingenvironment. Markets have been influenced inrecent years by major trends includingglobalisation, liberalisation and new technology.Community attitudes in relation to government,business, and individual responsibilities have alsochanged over time. CAV must position itselfappropriately in this changing environment, but itshould also be recognised that many of itstraditional activities remain just as important todayas they were a quarter of a century and more ago.

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It is still important, for example, that children areprotected from unsafe products. It is alsoimportant that consumers can have confidence thatthe claims made about products are accurate andnot misleading. And it is also desirable forconsumers to have low-cost dispute resolutionmechanisms available to assist them in dealing withthe minority of businesses not interested inmaintaining their integrity.

DR DAVID COUSINSDIRECTOR

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Dr David CousinsDirector

Denis FitzgeraldActing Director 11 March–24 June 2002Assistant DirectorPolicy and Information

Sue MaclellanAssistant DirectorConsumer Services &Compliance

Frank LovassAssistant DirectorBusiness Services

Bernadette SteeleDirectoruntil 8 March 2002

What does Consumer AffairsVictoria do?Consumer Affairs Victoria (CAV) is committedto protecting consumers and promotingresponsible trading.

It provides consumer protection and businesslicensing and registration services to consumers,business and government.

CAV aims to ensure that:• consumers and traders know their rights and

responsibilities• dispute resolution is accessible• traders comply with the law.

Through its central office and contractedcommunity agencies, CAV provides advice toconsumers on a wide range of issues, fromrenting or building a home to buying a car anddoor-to-door sales.

CAV staff can be contacted by telephone, inperson over the counter, or by letter, fax, email orvia the CAV website. Information on manysubjects is provided in brochures, some of whichare produced in multiple languages. A telephoneinterpreter service is also available to assist in theresolution of complaints.

ComplaintsConsumer Affairs Victoria liaises with consumersand traders to resolve individual complaints. Lastyear the office handled more than 11,000 writtencomplaints. Complaints may also be made via thewebsite at www.consumer.vic.gov.au. Whenconsumers and businesses are unable to resolveserious problems, parties can be referred to theVictorian Civil and Administrative Tribunal(VCAT).

Traders may be prosecuted where there is evidenceof a breach of consumer protection laws.

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AboutConsumer Affairs Victoria

The role of ConsumerAffairs Victoria is toprotect and promotethe interests ofconsumers.

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Through a number of other avenues, CAV works toensure a safe and fair marketplace. The office warnspeople about unsafe products and sets product safetystandards, registers business names and fundraisers,and licenses traders. It constantly reviews legislationand industry codes to ensure they offer the bestprotection for consumers.

Business Names RegistrationA business operating in Victoria is required toregister its business name with Consumer AffairsVictoria, except where the business is carried onunder a person’s own name only or under acompany name registered by the AustralianSecurities and Investment Commission (ASIC).The CAV website provides access to the BusinessNames register to renew the registration of abusiness name, obtain some details about registeredbusiness names, or conduct a search to find outwhich names are already registered. The samefacilities are also available over the counter.

Business Licensing Authority (BLA)The BLA is an independent statutory body whichadministers licensing and registration for creditproviders, estate agents, finance brokers,introduction agents, motor car traders, prostitutionservice providers, travel agents, second-hand dealersand pawnbrokers.

Application forms for licences and registrations canbe downloaded from the BLA website atwww.bla.vic.gov.au or obtained from ConsumerAffairs Victoria at the address below.

Contact UsConsumer Affairs Victoria452 Flinders Street, Melbourne 3000℡ 1300 558 181email: consumer@justice.vic.gov.auwebsite: www.consumer.vic.gov.au

See Appendices for more information on makinga complaint.

How is Consumer AffairsVictoria structured?In 2001–2002, CAV employed 262 staff across threedivisions. This included 227 full-time, 33 part-timeand two casual employees. See Organisation Charton opposite page.

What are Consumer AffairsVictoria’s objectives?Consumer Affairs Victoria’s mission, on behalf ofthe Victorian Government, is to protectconsumers. The focus is on improving access toconsumer protection services, particularly forvulnerable groups.

CAV’s aims in 2001–2002 were to:• raise consumers’ awareness • conciliate disputes and foster appropriate industry-

based dispute resolution• promote compliance and enforce the law• advise on policy and maintain the consumer

protection framework• improve trader behaviour• extend and maintain organisational accountability,

capability and efficiency.

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STATUTORY BODIESBusiness Licensing AuthorityDefence Reserves Re-employment BoardEstate Agents CouncilMotor Car Traders’ Guarantee Fund

Claims CommitteePatriotic Funds CouncilProstitution Control Advisory CommitteeResidential Tenancies Bond AuthorityConsumer Credit Fund Advisory

Committee

Minister for ConsumerAffairs

Christine Campbell, MP

Consumer Affairs Victoria

Secretary to the Departmentof Justice

Peter Harmsworth

Director Consumer &Business AffairsDr David Cousins

Office of Director

Consumer Services & ComplianceDivision Assistant Director

Sue Maclellan

Business Services DivisionAssistant Director

Frank Lovass

Policy & Information DivisionAssistant Director

Denis Fitzgerald

Divisional SupportJeff Smith, Manager

Business Affairs BranchPaul Hopkins, Manager

Compliance & PolicyAnn Hammann, Manager

Client Services Team 1John Stevens, Team Leader

Client Services Team 2Mike Paulusz, Team Leader

RegistrationsPushie Brown, Team Leader

Technology & Branch SupportSteve MacDonald, Team Leader

Licensing Services BranchWally Korczynski, Manager

Divisional SupportVince Lyneham, Manager

Information BranchLynn Kirk, Manager

Policy BranchLois Goodes, Manager

Legislation BranchKerin Turner, Manager

Residential Bonds & FinancialManagement BranchIan Thorn, Manager

Patriotic Funds Council SecretariatWayne New,

Executive Officer (Acting)

Information TechnologyBranch

Guy Treeby, Manager

Product Safety & StandardsBranch

Philip Hunter, Manager

Operational Policy BranchAnne Cousins, Manager

Communications BranchChris Noone, Manager

Media UnitJanet Miller, Snr Media Adviser

Legal Development BranchStephen Devlin, Manager

Assessment & Analysis BranchDianne Bryans, Manager

Estate Agents Resolution ServiceRussell Barclay, Manager

Enquiries & Residential TenanciesBranch Paul Valerio, Manager

Call CentreSteven Scodella, Manager

Investigations BranchNeil Taylor, Acting Manager

Community Programs BranchCathy Merrick, Manager

Figure 1. Organisation Chart

Aims Key Initiatives 2001–2002

Raise consumers’ • Developed and implemented a Communications Strategy to awareness lift the profile of Consumer Affairs Victoria and the services it

provides.• Developed and implemented online database of fundraisers.• Maintained currency and accuracy of consumer information

across nine major websites and internet locations.• Launched product safety and media campaign highlighting

safe use of basketball hoops.

Conciliate disputes and • Established Estate Agents Resolution Service to centralise foster appropriate estate agents’ dispute resolution.industry-based dispute • Recovered $1.37 million for consumers through the resolution resolution of disputes with traders by CAV.

Promote compliance • Carried out 84 successful prosecutions. and enforce the law • Arranged 106 undertakings by traders to comply with the law.

• Obtained 10 injunctions.

Advise on policy & • Established Consumer Utilities Advocacy Centre to represent improve consumer consumer viewpoints. protection framework • Introduced new pawnbrokers regulatory framework.

• Introduced new fundraising registration system.• Reviewed the Fair Trading Act 1999.• Extended unconscionable conduct provisions of the Fair

Trading Act 1999.• Reviewed the Estate Agents Act 1980 and Residential

Tenancies Act 1997.• Brought payday lending within the Consumer Credit Code.

Improve traders’ • Reviewed real estate auction behaviour.behaviour • Carried out inspection programs of estate agents, motor car

traders and travel agents.• Implemented online access to Business Names register. • Carried out a blitz on unlicensed motor car traders.

Extend and maintain • Introduced the first suite of business names transactions organisational online. accountability, • Introduced Residential Tenancy Bond Authority claims by fax.capability & efficiency • Established CAV intranet, bulletin boards and team rooms.

• Conducted surveys of customers’ satisfaction with CAV services.

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Table 1. CAV’s major achievements.

What were the highlights for 2001–2002?

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Customer Contact NumberConsumers1300 Consumer helpline 338,389Other general enquiries:

Counter enquiries 7,003Written enquiries and advice provided 2,428Email enquiries and advice provided 1,300Advice provided to assist in dispute resolution 20,642

Written and online complaints received 11,243Residential Tenancies inspections advice 5,710Product safety and standards enquiries 1,174People advised by contracted agencies 61,476Publications and forms distributed 1,800,000Media items 1,490Seminars and talks 470

EnforcementComplaints investigated 1,063Enforceable undertakings 106Injunctions 10Successful prosecutions 84Infringement notices against motor car traders 378Trust Account inspections of estate agents 1033Inspections of newly licensed estate agents 95

Business ServicesTelephone enquiries to Business Services 156,695Counter enquiries 62,638Business Names registered 57,782Business Names renewed or details changed 77,011Business Names searched 109,323Telephone calls to Licensing Branch 70,000Licences and registrations issued 1,640Licences and registrations annual statements and renewals processed 16,480Associations incorporated 1,404Associations registrations updated 39,441Incorporated Associations Annual Returns processed (includes cooperatives) 25,427Cooperatives registered 29Cooperatives update documents processed 748Fundraising notifications processed 790

Residential Tenancies Bond AuthorityRTBA telephone enquiries 103,701Number of RT bonds lodged 151,922Number of RT Bonds reimbursed 136,584Number of RT Bonds transferred 21,920

Total advice and services provided 3,252,318

Table 2. Customer Contact Statistics

Snapshot of Consumer Affairs Victoria advice and services

How does Consumer AffairsVictoria cooperate with otherGovernments?The Minister for Consumer Affairs attended themeeting of the Ministerial Council of ConsumerAffairs (MCCA) in Canberra on 13 July 2001.The Council comprises all State, Territory,Commonwealth and New Zealand Ministersresponsible for consumer affairs and trademeasurement matters. The Council meets at leastonce during the year and also handles mattersout of session.

The Council is advised and assisted by the StandingCommittee of Officials of Consumer Affairsagencies (SCOCA). The Committee meets severaltimes a year. It is supported by three advisorycommittees covering fair trading operations,consumer products and trade measurement, as wellas ad hoc jurisdictional working parties establishedon specific issues. A wide range of issues have beencovered by the Council and committees during theyear including:

• fuel temperature correction• National Consumer Rights Day• credit card over-commitment• fringe credit providers• banking issues• comparative interest rates• property marketers• safety and standards issues• Ansett/Traveland collapse – Travel

Compensation Fund• consumer issues and electronic commerce• domestic builders’ warranty insurance• mobile phone contracts• car hire contracts• scam mail• infomercials.

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Advising Consumers andTenantsConsumer Affairs Victoria received almost 350,000requests for information or advice on consumer andresidential tenancy issues in 2001–2002. In addition,about 104,000 queries were answered aboutresidential tenancy bonds and further informationwas distributed via the CAV website. CAV alsodistributed more than 1.8 million publications andforms, and alerted people to consumer issuesthrough the media, communications campaigns, andits work with contracted community agencies.

The customer contact centre deals with consumerand residential tenancy issues, and providesinformation and advice to consumers, traders,tenants, landlords and estate agents.

In 2001–2002, the centre took 338,389 telephonecalls. Of the total calls, almost 210,000 wereaddressed by staff and about 130,000 callers weresatisfied by the self-service Interactive Voice Response(IVR) system. The IVR provides callers with theoption of selecting the topic that is most relevant totheir enquiry or, alternatively, requesting that aparticular form or publication be sent to them. In2001–2002, nearly 6,000 people chose the latter.

Call abandonment fell by 8% in 2001–2002.Significant inroads were made during May and June,when call abandonment was reduced to 4% and 6%respectively, and more callers (89% in May and80% in June) were answered within the servicetarget of four minutes.

The call-back service continues to be popular. It allows callers to leave their contact details andhave their calls returned via a virtual queue withouthaving to wait for an enquiry officer.

While the majority of contact to CAV is made byphone, 7,000 people visited the counter for advice – anincrease of 32.2%. CAV also handled more than 2,400written enquiries and almost 1,300 website enquiries.

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Consumer AffairsVictoria providesinformation andadvice on consumerand residentialtenancy issues.

2.0Raising Consumers’ Awareness of Their Rights

The results of a customer satisfaction survey in March2002 revealed that the majority of callers (95.5%) weresatisfied with the performance of the enquiry officersand the standard of service. Almost all respondents(98.5%) said they would use Consumer AffairsVictoria’s telephone enquiry service in the future.

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Figure 2. Subject of consumer and tenancy enquiries 2001–2002

A. Real Estate and Tenancy 41%B. Household goods 26.5%C. Not within jurisdiction 9%D. Building & Construction 8%E. Motor vehicle & other

transport equipment 8.5%F. Commercial equipment/other 4%G. Insurance, finance & investment 3%

Publications Consumer Affairs Victoria distributed more than788,583 pamphlets, brochures and magazinesthroughout Victoria via contracted communityagencies, selected outlets such as real estate agents,hardware stores and automobile associations, andthe CAV distribution centre. Publications are alsoavailable online at www.consumer.vic.gov.au.

The following publications were available in2001–2002.

A Consumer Affair newsletter (summer andautumn)Better Car Deals (in English, Arabic, Chinese andVietnamese)Going Mobile (a mobile phone guide)Homebuyers/Builders & Renovators MagazineVictorian Renters MagazineOlder & WiserCustomer Service GuidelinesKeeping Baby SafeStuff Magazine (information for school leavers)Stay in Tune With Your Customers (a customerservice guide for motor car traders)Top Ten Tips – Contact and Non Contact SalesTop Ten Tips – Domestic Building ContractsTop Ten Tips – Owner BuildersSettling in: Renting a Home in Victoria (a teachingresource for adult English as a Second Languagestudents)

Consumer factsheets (in English, Arabic, Bosnian,Chinese, Croatian, Farsi, Russian, Serbian, Somali,Turkish, Vietnamese):• Your basic consumer rights• Borrowing money• Buying a car• Contracts• Home building and renovating• Lay-bys• Insurance• Renting• Dispute resolution• Shopping tips• Other places for advice

Renting Statement of Rights and Duties booklet(in English, Arabic, Chinese, Greek, Italian,Russian, Spanish, Turkish, Vietnamese)Statement of Rights and Duties booklet forCaravan ParksStatement of Rights and Duties booklet forRooming Houses26 factsheets (single issue reference guides)

Nine tenancy factsheets:• Ending the tenancy• Eviction• How to resolve disputes• New possession procedures – rental arrears and

fixed-term tenancies• Privacy• Rent – know your rights• Repairs• The rental bond• When rent is overdue

Case StudyCase Study

Case Study

Crisis calls – the Ansett collapse Ansett‘s collapse in September 2001 presented the greatest challenge yet for Consumer AffairsVictoria‘s customer contact centre.

Telephone enquiries rocketed to 3,700 calls in one day – more than three times the daily average.

Sound planning and a quick response ensured that CAV was able to handle the big increase inthe volume of enquiries.

The telephone voice menu was reprogrammed to offer callers the option of being diverted to theTravel Compensation Fund, Ansett administrators, banks or travel agents. A factsheet wasprepared, and staff and managers from other branches of Consumer Affairs Victoria were swungin to assist on the phones.

Calls were received from all over Australia from people wanting to know about tickets, refunds,frequent flyer points and even how they could get on another flight.

Several times a year, a consumer event sparks a rush of calls to Consumer Affairs Victoria. In somecircumstances, CAV is able to predict the event – for instance when a bank notifies CAV that it isabout to inform customers of a major change to its fees. In other circumstances, such as thecollapse of Ansett, the event is less predictable.

In 2000–2001 the collapse of Avonwood Homes and HIH Insurance sparked a rush of calls, butthe increase was measured in hundreds rather than thousands. The Ansett collapse was by far thegreatest challenge yet faced by the customer contact centre. CAV was aware that Ansett was indifficulty and the announcement that the company had been placed in the hands ofadministrators came as no surprise. However, it had not predicted the magnitude of the calls andthe volume of enquiries from outside Victoria.

Many callers were very distressed, with accounts of being stranded away from home, havingholiday plans cancelled, or having frequent flyer points lost.

Feedback has been very positive, with Victorian and interstate callers thanking CAV staff fordelivering helpful and user-friendly information in an effective manner.

A New Look at CommunicationsConsumer Affairs Victoria developed acomprehensive communications strategy for thenext three years, with the goal of creating anempowered Victorian public: informed consumerswho know their rights and responsibilities and howto exercise them.

Key aspects of the strategy, launched by the Ministerfor Consumer Affairs on 21 May 2002, are to:• inform consumers, particularly the vulnerable, of

their rights and responsibilities and how to exercisethem

• raise awareness of Consumer Affairs Victoria

• inform businesses of their responsibilities underconsumer law

• educate consumers and business on consumer issues.

In developing issues-based campaigns aimed atchanging behaviour, CAV will concentrate on thevulnerable as a priority group; use innovativecommunication tools; and draw on knowledge fromacross CAV, stakeholders, and contractedcommunity agencies.

To assist people to identify the VictorianGovernment consumer protection agency,Consumer and Business Affairs Victoria has beenrenamed Consumer Affairs Victoria.

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Communicating in theCommunityA major focus for CAV during 2001–2002 was toenhance the dissemination of information onconsumer and trader rights and responsibilities bycreating a visible presence in the community.Shopping centre visits by the Minister for ConsumerAffairs, surveys and community events also providedthe opportunity for CAV staff to hear first-hand theissues that were affecting consumers.

Ministerial VisitsBetween 7 March and 30 June 2002, the Ministerfor Consumer Affairs visited ten metropolitan andfour regional shopping centres, to become familiarwith consumer issues and hear the concerns ofconsumers and retailers. Wide media coverage haspromoted the services of CAV.

Bookmarks displaying the CAV Helpline weredistributed to shoppers and retailers. Discussionswith Centre Managers focussed on the need toraise retailers’ awareness of their rights andresponsibilities. For instance, it was noted thatincorrect refund policy signs were displayed inmany stores. These retailers were given a copy ofthe Consumer Affairs Victoria Refund Policy Signand an explanation of the refund legislation.

National Consumer Day and WorldConsumer Rights DayCAV participated in National Consumer Rights Dayon 25 October by distributing 5,000 bookmarks totrain commuters, highlighting the Scamwatch websiteand the revised Little Black Book of Scams. On WorldConsumer Rights Day on 15 March, CAV organisedan information stand in the Bourke Street Mall andan interview on ABC radio.

Christmas Credit CampaignA Christmas card featuring ‘Rudolph the in-the-redreindeer’, with a message about credit card debt, wasdistributed in eight shopping centres throughout thestate in November and December.

More than 100,000 cards were distributed with theassistance of CAV contracted community agencies,to increase awareness that credit is debt, and thatoverspending on credit cards at Christmas couldlead to a ‘Summer of Debt’.

Pulse SurveysCAV began conducting Pulse Surveys in June 2002to raise awareness of consumer issues and CAV. The first topic was residential tenancies issues,which was publicised at the end of the Renters HaveRights Too! campaign. The survey was conducted inShepparton and in the Bourke Street Mall, with 200responses providing a snapshot of Victorianconsumers’ rental experience. The results appearedin metropolitan, suburban and regional newspapers,TV and radio. Further surveys are planned.

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The Hon. Christine Campbell MP, Minister for ConsumerAffairs, spoke with consumers and retailers at 14metropolitan and regional shopping centres.

CampaignsYouthIn September 2001, Stuff was direct-mailed to thehomes of 54,350 Victorian year 12 students. The 2001 edition of Stuff was designed to attract thetarget audience with vivid imagery, and to improveaccess to the information through text pull-outs andtips. As well as consumer issues, the magazineaddressed subjects relevant to young people.

Homebuyers/Builders and RenovatorsThere is an ongoing need among consumers for areliable and comprehensive Victorian-based guide tobuying, building, renovating and maintaining ahome. Every year CAV receives around 16,000enquiries and about 1,000 complaints regarding realestate and building related matters.

CAV continues to produce the VictorianHomebuyers Magazine which provides invaluableinformation to consumers and traders that canassist them in making the right choices andavoiding costly mistakes.

The magazine is available from real estate agents,hardware stores, and metropolitan and countryhomeshows and exhibitions. A seven-week TV, printand radio campaign coincided with the MelbourneHome and Garden Expo. A CAV display stand at theExpo won first prize for Best General Exhibit.

RentersThe rental campaign began in late June 2002,highlighting the Renters Magazine and ConsumerAffairs Victoria. It was developed in response to thelarge number of calls CAV receives regarding rentalissues, particularly repairs. The campaign wastargeted at 18–29 year-olds.

Radio and press advertisements in regional areas andMelbourne focussed on rental repair situations andhighlighted the Renters Magazine as the source forinformation on renter and landlord rights andresponsibilities. About 25,066 magazines were

distributed as a result of the campaign which alsogenerated considerable media coverage.

Culturally and Linguistically DiverseAudiences

Mind Your MoneyConsumer Affairs Victoria’s contracted agenciesfrequently report that newly arrived migrantsand refugees get caught out by consumer scamsor rip-offs. The most vulnerable are from non-English speaking backgrounds. In response,CAV, in conjunction with Adult MulticulturalEducation Services (AMES), is producing MindYour Money, an innovative educational resourcecovering issues from buying a car and signingcontracts to dealing with tradespeople. It willinclude worksheets, audio and online materials.

New Country – New Home: Renting, Rightsand ResponsibilitiesCommunity consultations reveal that for manyof the 16,000 migrants arriving in Victoria eachyear, finding a home to rent is their majorchallenge. To tackle this issue, Consumer AffairsVictoria joined forces with the EqualOpportunity Commission Victoria to lead theNew Country – New Home project.

The project, to be launched in October 2002, willalert landlords and estate agents, through booklets,seminars and a media campaign, to problems facingnewly arrived migrants trying to access the privaterental market. The second component of thecampaign is practical information for migrantsabout preparing applications forms, signing tenancyagreements and equal opportunity law in Victoria.

Multilingual PublicationsCAV has updated a range of translatedfactsheets covering everything from signingcontracts to buying a car and renting a house.They are available in hard copy or via thewebsite in Arabic, Bosnian, Chinese,Croatian, Farsi, Russian, Serbian, Somali,Turkish and Vietnamese.

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BusinessBusiness AwardsConsumer Affairs Victoria sponsored threecustomer service awards in 2002:• ARAV/Herald Sun Victorian Retailer of the

Year • Real Estate Institute of Victoria Awards• Leader Newspapers Small Business Awards.

The sponsorships were designed to recognisebusinesses and their staff who are committed tocustomer service excellence. The cooperativeworking relationship CAV has with theseorganisations reinforces a joint commitment bythe State Government to promoting consumerprotection and responsible trading.

The CAV WebsiteThe Consumer Affairs Victoria website atwww.consumer.vic.gov.au is an important resourcefor improving Victorians’ knowledge of their rightsand responsibilities as consumers and traders. Thesite covers a broad range of consumer issues dividedinto four sections:• Credit and Debt• Homes and Renting• Cars• Shopping and Services.

The website provides accurate and up-to-dateinformation on the latest warnings, and advice onconsumer issues from scams to legislative changes.

The site also includes business licensing andregistration information relating to business names,fundraising, incorporated associations, cooperativesand limited partnerships.

CAV Intranet, Bulletin Board and TeamRoomsIn 2001–2002, CAV improved its internalcommunication by developing and integrating arange of online mechanisms to assist in conveyingintegral information to CAV staff.

The Intranet contains information relating to CAV’sbusiness strategies, procedures, values and activities.The Bulletin Board is designed to reduce theproliferation of emails on the CAV system byproviding a centralised repository for information.Team Rooms have been developed for individualprojects to allow storage of files and communicationbetween team members.

Media RelationsThe media unit assists in gaining media coverage forCAV services, compliance activities and informationsources. It issues media releases, responds to mediaenquiries, develops communication strategies,organises media launches and events, monitorsmedia responses, and briefs the Minister andDirector prior to media interviews.

Monthly Consumer ColumnIn keeping with CAV policy to improve access fordisadvantaged consumers, the media unit hasproduced a monthly consumer column for regionaland rural newspapers.

The column contains details of new servicesprovided by CAV, and provides warnings toVictorian consumers about potential traps for theunwary. Although still in its infancy, the columnhas a loyal following among some regionalpapers. Twenty-two papers published one ormore of the columns.

Media CoverageAlmost 1,500 items featured in print, radio andtelevision in 2001–2002, compared withapproximately 700 items the previous year. Of those,482 (32%) were directed at metropolitan audiences.

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Community AgenciesA review of the $3.4 million Community Program,has substantiated the benefit of a community-basedprogram that complements the services providedby Consumer Affairs Victoria. The review of theProgram which contracts more than 20 community

organisations to provide services on CAV’s behalf,found that the agencies are an effective means ofproviding information and advice to consumersand tenants.

Working at the ground level in their localcommunities, the agencies are able to interact withpeople in a way that Government departments suchas CAV cannot always achieve.

In accordance with their contractual agreements, thecommunity organisations work with CAV to provideconsumers, traders, tenants and landlords withinformation, advice and dispute resolution services.This may involve telephoning or writing to a traderor landlord, or assisting a consumer or tenant toprepare or conduct a case at the Victorian Civil andAdministrative Tribunal (VCAT).

Outsourced services are targeted at disadvantagedmembers of the community and they operate viadrop-in and telephone services in metropolitan andregional Victoria, with outreach services to outlyingtowns. Agencies undertake community education toinform tenants, landlords, consumers and tradersabout their rights and responsibilities. They areencouraged to empower people to resolve disputes.Agencies also identify and assist in addressing issueswhich work against the operation of a fair andequitable marketplace.

Tenancy specialist support services are delivered to:• aged tenants, by the Housing for the Aged Action

Group• rooming house tenants, by the Tenants Union of

Victoria• tenants and landlords in the inner-urban and

inner-east regions by the Tenants Union and theFamily Access Network.

Specialist consumer services are provided by theFinancial and Consumer Rights Council and theConsumer Credit Legal Service.

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MONTH TOPICDecember Christmas Credit CampaignJanuary Summer hazards – itinerant

traders, sales, credit, refundsMarch Fundraising changes,

Incorporated AssociationsApril Renters Have Rights campaignMay EARS and property schemesJune Child modelling and casting

agencies

The Herald Sun 67The Age 56Sunday Herald Sun 14Australian Financial Review 10Sunday Age 7MX 6The Australian 3Total 163

ABC3RN, 774 863AWMagic 693 75FM 593AK, 3MP 56Other AM 2Total 278

GTV9 16HSV7 10ATV10 10ABC2 5Total 41

Table 3. Subjects of the Monthly Consumer Column

Table 4. Distribution of Metropolitan Print Articles

Table 5. Distribution of Metropolitan Radio Items

Table 6. Distribution of Metropolitan TV Items

The review of the Consumer Affairs CommunityProgram by an external consultant found that CAVand its contracted agencies should further build ontheir positive relationship to ensure consumers areconfident and protected.

In response to the review, the contracted agenciesare working towards adopting a common servicetitle and logo to enhance recognition that theseagencies provide consumer and tenancy services.CAV will create a calendar of events to encourageagencies’ involvement in the development anddelivery of community education and consumercampaigns. CAV will also work with the agencies todevelop service standards and guidelines.

During 2001–2002, 61,476 Victorians used theservices of the contracted community agencies;13,035 requested assistance in relation to consumerissues and 48,441 in regard to tenancy matters.

The contracted agencies participated in a significantnumber of educational activities, including 461talks, 305 displays, and 591 newspaper, radio andtelevision items.

Training for workers employed by contractedagencies was conducted by CAV through regionalforums, which also provide an opportunity foragency workers and CAV staff to interact. Topics included:• dealing with estate agent complaints • Estate Agents’ Guarantee Fund• Information Privacy Act 2000• Motor Car Traders’ Guarantee Fund.

Quarterly Community Sector ForumsThe Director meets quarterly with representatives fromcontracted community agencies to discuss currentpolicy developments. The meetings also provide anopportunity to keep community agencies informed ofprogress on legislation and community educationprograms, and any recent actions which have beentaken to address consumer and tenancy issues.At recent forums, community workers have

provided input into the reviews of the ResidentialTenancies Act 1997 and the Fair Trading Act 1999.They have also discussed issues including insurancein the building industry, rental cards, implications ofthe Information Privacy Act 2000 on tenancydatabases, full retail contestability of utilities, andmobile phone repairs.

Improving Access forDisadvantaged ConsumersAs a result of a Consumer Awareness Surveyconducted in 2001, a project team was formed in2001–2002 to develop proposals to improve accessto CAV services by disadvantaged consumers.

The telephone survey of 1,200 Victorian consumersaimed to enhance understanding of CAV’s existingand target audiences. It covered a wide range ofmatters relating to consumer awareness and needs.

The survey found that there was lower awareness ofCAV amongst the more vulnerable or disadvantagedmembers of the community. For example, there wasa lower level of awareness among consumers in bluecollar occupations, consumers with householdincome under $30,000, and consumers not tertiary-or trade-educated. Given this, the survey reportconcluded that CAV services at that time were morelikely to be accessed by higher socio-economicstatus groups.

Responding to the survey findings, CAV developeda definition of disadvantaged consumers and formeda project team to identify barriers faced and todevelop proposals encouraging greater access to CAVby disadvantaged consumers.

CAV’s definition of disadvantaged consumers isbased on the Australian Bureau of Statistics (ABS)Index of Socio-economic Disadvantage, and isaugmented by a set of factors particularly relevant toconsumer disadvantage.

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Examples of the factors used in the definition are:• persons aged 15 and over who did not go to

school• families with income less than $15,600• persons lacking fluency in English• Aboriginals and Torres Strait Islanders• being a resident of a caravan park or rooming

house• lacking access to infrastructure such as community

services, transport and shops• being of advanced age or a minor• having high levels of personal debt without

corresponding assets or income• having a personal disability such as an intellectual

disability, a hearing or a vision impairment, or apsychiatric disability.

In 2001–2002, the project team focussed on fourkey consumer services, identifying a range ofopportunities to improve access to CAV bydisadvantaged consumers, by improving servicedelivery methods, protocols and informationabout services. Work has begun on implementingthe 40 recommendations.

In the customer contact centre, procedures havebeen changed to allow complaints to be lodgedover the phone, with protocols developed forhandling disadvantaged consumers and those withurgent or serious complaints. An extension oftelephone enquiry hours is being trialed, and thecustomer contact centre is using National RelayServices to provide assistance for hearing- andspeech-impaired Victorians.

Changes are also planned for the Business Namesregister. From late 2002, fees will be waived forvulnerable or disadvantaged consumers requiringsearches of the Business Names register. Extractsfrom the register of Business Names are required byconsumers applying to VCAT’s Civil Claims List.

Several changes have been identified for theresidential tenancy service and residentialtenancies bonds, most of which will beimplemented after amendments are made to theResidential Tenancies Act 1997.

This Project Team was one of several initiatives setup to address the needs and concerns ofdisadvantaged consumers. All sectors of theorganisation consider the more vulnerable membersof the community when planning their activities.These activities can range from the review of theRetirement Villages Act 1986, which addresses theneeds of seniors, to the creation of a consumercurriculum for migrants.

The Consumer Affairs Victoria Strategic Plan, whichis in the process of being developed, will furtherentrench the needs of vulnerable consumers as apriority in the planning process.

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Reviews of CAV ServicesConsumer Affairs Victoria continues to examine itsservices and information products and to researchconsumer protection issues in the community. For 2001–2002, the program of reviews includedclient surveys seeking feedback on the: • dispute resolution service• Residential Tenancies Inspection Service• Business Names register• motor car traders’ licensing process• customer contact centre.

About 200 people contributed to each of thesurveys, the details of which are summarised below.Recommendations arising from the surveys havebeen implemented.

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Service Surveyed Overall CommentsClient Satisfaction

Dispute resolution 81% Respondents were asked to comment on whether theyservice tried to resolve their complaint themselves before

contacting CAV, the performance of CAV staff, whether the complaint had been resolved to their satisfaction, whether it had been handled in an unbiased manner, and whether the outcome was ‘fair’ given the circumstances. Despite attempts to survey both parties to the dispute, only the views of the complainants could be obtained. Reasons for this will be examined in the hope of improving the survey methodology for the next review.

Residential Tenancies 93% Respondents were asked about their satisfaction with Inspection Service the inspector who handled their case, how the

inspection was conducted, and how easy it was to request an inspection.

Business Names 93% Respondents were asked to comment on the ticketingregister system at the counter, clarity of forms, timeliness of

the service, performance of the counter officer, and performance of the online service.

Motor car traders’ 97% Respondents were asked to rate their satisfaction with licensing process the way in which their interview and examination were

conducted, performance of CAV staff and clarity of forms.

Customer 96% Respondents were asked to comment on the Contact Centre performance of enquiry officers, timeliness of the

service, whether or not they had used the service before, and whether they would act on the advice provided.

Table 7. Summary of Client Surveys 2001–2002

Product Safety and StandardsOne of the objectives of Consumer Affairs Victoriais to ensure that consumer products are safe,thereby minimising the risk of injuries from theuse of these products.

CAV investigates reports of unsafe products, examinesproducts at events such as the Royal Melbourne Show,and promotes product standards. Under the FairTrading Act 1999, the Minister for Consumer Affairshas the power to ban the supply of unsafe products. In 2001–2002 the Minister signed three banningorders, applying to cots, jelly cup confectionery andcandles. CAV also conducted a state-wide safetycampaign regarding the use of basketball rings.

Promoting Product Safety andStandardsEnquiriesThis year 1,174 calls were received from consumersand industry seeking advice on the safe use anddesign of consumer products. This is a 13.6%decrease from last year, and 12% lower than the1999–2000 period.

The largest number of enquiries related to nurseryproducts.

Figure 4. Categories of Product Safety Enquiries

2001–2002

A. Nursery Products 20.8% B. Play Items 9.5%C. Transport Items 9.3%D. Miscellaneous Items 8.4%E. Electrical Products 7.5%F. Sport & Recreational 7.2%G. Food & Drink 6.6%H. Personal Use 5.3%I. Furniture 5.2%J. Other 20.2%

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Figure 3. The Number of Safety and Standards Enquiries 1999–2002

InvestigationsCAV conducted 145 investigations into the safety ofconsumer products, with 10 product categoriesaccounting for more than 80%.

Figure 5. Product Categories Investigated 2001–2002

A. Play Items 17.9%B. Hardware 9.7%C. Electrical Items 9.7%D. Transport 8.2%E. Food & Drink 7.5%F. Nursery Products 6.7%G. Personal Use 6.0%H. Miscellaneous 6.0%I. Consumer Durables 4.5%J. Therapeutic Goods 4.5%K. Other 19.3%

Consumer Affairs Victoria investigated a large arrayof products, some of which are described below.

At the request of Australian Customs Service a shipmentof cigarette lighters was investigated on 23 July 2001 forcompliance with the Consumer Affairs (Product Safety)(Lighters) Regulations 1998. The lighters were found tocomply with the mandatory requirements.

The ‘Mosquito Terminator Bat’, a small tennis racquet-styled battery-operated bat designed to kill mosquitoesand flies by electrocution, was investigated for safety in

July 2001. There were concerns that, if misused, thebat could induce a heart attack in a person with a heartcondition or pacemaker. Laboratory tests showed thatthe mosquito bat complied with the electrical safetystandards and was unlikely to cause injury.

On 14 August 2001, 317 showbags were examinedat the annual pre-Show inspection at the RoyalMelbourne Showgrounds. Only two items werefound to be unfit for sale: the ‘Bleeding Ghost FaceMask’ was withdrawn from the ‘Whopper Extreme’showbag as it failed to provide adequate ventilation,presenting an asphyxiation hazard particularly forchildren who suffered from asthma. A noveltysunshade was withdrawn from the ‘Cleopatra’showbag, as the pointed ends of the umbrella spinescould cause lacerations and possible eye damage. At a follow-up inspection during the RoyalMelbourne Show, no dangerous items were found tobe on sale, maintaining the Show’s good safety recordas a result of the CAV annual inspection program.

As a result of the ban on jelly cup confectioneryproducts that contain ‘konjac’, surveys of foodoutlets were carried out in January in Ararat,Melbourne, Brunswick, Sunshine and Springvale.None were found on sale.

A national food chain company supplied LooneyTunes figurines, including Bugs Bunny, Tweetie Pieand Sylvester as a promotional offer with a meal.The figurines presented a choking hazard to young

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The Hon. Christine Campbell MP, Minister for ConsumerAffairs, with Mr. Lindsay Gaze, prominent basketballidentity, at the launch of a basketball safety initiative.

Case StudyCase Study

Case Study

Basketball tragedy sparks safety campaignThe tragic death in April 2001 of a nine-year-old boy playing basketball in his backyardsparked a consumer campaign about the safety of backyard basketball rings.

The boy died when brickwork supporting the basketball ring collapsed as he practised‘slam dunks‘.

The Premier promised that the Government would improve the safety surroundingplaying basketball, and Consumer Affairs Victoria responded with a two-prongedapproach.

In the first instance, four graphic stickers were produced that reminded people that‘swinging on the ring’ and ‘hanging off the hoop’ were dangerous practices.

More than 200,000 stickers were distributed to 2,355 organisations, venues and outletsconnected to basketball. The stickers and the safety message also received widecoverage in the media when they were launched by the Hon. Christine Campbell,Minister for Consumer Affairs, at the Coburg Basketball stadium.

The second strategy involved the development of Regulations under the Fair TradingAct 1999, requiring suppliers of basketball backboards and rings to stick a warning labelon the packaging of the products and on the backboard itself. The label warnedconsumers of the dangers of inappropriate use or installation. A mail-out to about 300known suppliers of basketball equipment alerted them to the regulations that weremade on 4 June 2002.

children. During investigation and negotiation withthe company, the products were voluntarily recalledthroughout Australia.

In-house testing of two types of candle holders, whichretailed for around $2, found that both candleholders ignited via the flame of the candles. A banwas imposed on the supply of these types of products.

An inspection at the Toy Hobby and Nursery Fair atthe Melbourne Exhibition Centre in March did notreveal any problems. Over 150 exhibitors displayeda range of new and previously unseen products forthe toy, hobby and nursery furniture markets.

In April 2002, in conjunction with the AustralianCompetition and Consumer Commission, a joint

survey of children’s cots was conducted. Tests werecarried out on four brands of cots, all of which passed.

Information Gathering andExchangeThe Commonwealth Product Safety Recalls websitehas been a useful source of information aboutvoluntary, safety-related product recalls, and hasallowed information to be shared betweenregulators. On this site, the register of AllegedHazardous Products, including recalls, has been usedby CAV to provide information and advice toconsumers and traders. CAV also maintains its owndatabase of product safety investigations and safetyand standards enquiries, and uses the database tomonitor trends in product-related problems.

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CAV communicates on product safety issues withother government agencies, specific interest groupsand industry. For example, CAV liaised with theMetropolitan Fire and Emergency Services Board onthe dangers of flammable candle holders; with FoodSafety Victoria on choking hazards associated witheating jelly cup confectionery products; and withthe Building Commission, Basketball Victoria andthe Australian Retailers Association on the dangersof basketball rings and backboards.

Standards DevelopmentDeveloping and Revising Australian andInternational StandardsConsumer Affairs Victoria is represented on a numberof committees developing or reviewing Australian orjoint Australian and New Zealand Standards forparticular groups of products. Consequently, CAV isasked to comment on draft standards from theInternational Organisation for Standardisation (ISO)and vote on the adoption of existing internationallyrecognised ISO standards. This work is becomingincreasingly important, given the trend to aligndomestic and international standards.

CAV was represented on Standards Australiacommittees and reviewed or commented oncertain consumer product standards, includingsolid fuel-burning appliances, children’s toys andchildren’s furniture.

Consumer Products Advisory CommitteeThe Standing Committee of Officials of ConsumerAffairs (SCOCA) established the Consumer ProductsAdvisory Committee (CPAC) to provide advice onconsumer safety matters and to develop and implementa national approach to consumer product safety issues.CPAC consists of representatives of consumer affairsagencies in the Commonwealth, State andTerritories of Australia and New Zealand, and it mettwice during the year. The major issues discussed were:• mandatory safety standards for baby walkers and

bunk beds• Trans-Tasman Mutual Recognition Agreement

towards aligning consumer product regulations

• a uniform approach to achieving consumer safety• a review of safety and information standards• a uniform approach to the sale of second-hand

goods• the Product Safety Recalls Australia website.

Banning OrdersThe Minister for Consumer Affairs made orders,under Part 3, Division 1 of the Fair Trading Act1999, permanently prohibiting the supply inVictoria of:• Objects intended to hold or decorate a candle

which ignites and continues to flame for a periodof five seconds or more after ignition.

• Jelly cup confectionery products containing theingredient ‘konjac’ (also known as conjac,konnyaku, konjonac, taro powder, yam flour orglucommanan), supplied in a container having aheight or width of less than 45mm.

• Children’s cots for household use which do notcomply with certain essential safety requirementsof the Australian/New Zealand Standard AS/NZS2172 1995 ‘Cots for household use – safetyrequirements’. The ban also applies to antique andcollectable cots unless they are supplied with acertificate stating that it is not safe to place a childin the cot; and two metal plaques permanentlyattached to the upper half of the side or end (oneexternal, one internal) with the warning statement:“ WARNING: this cot does not meet the mandatory

standard. For display purposes only. It is dangerousto place a child in this cot.”

The banning orders were printed in the VictorianGovernment Gazette.

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Business Registration andLicensing ServicesA business operating in Victoria is required toregister its business name with Consumer AffairsVictoria unless the business is carried on under aperson’s own name only, or under a company nameregistered by the Australian Securities andInvestments Commission (ASIC). Also, certainregulated occupations and industries require a licencefrom the Business Licensing Authority (BLA).

The Business Services Division of CAV registersbusiness names and limited partnerships, andincorporates associations and cooperatives. It maintains public registers of these organisationsand monitors their compliance, and it supportsthe BLA in its occupational licensing functions.

The gradual introduction of online servicescontinues to drive changes to the practices andstructure of the Business Services Division. Some changes have already occurred to meetexpectations and requirements, and more changesare envisaged as online developments and relatedbusiness process improvements are put in place.

Business NamesCAV registered 57,782 new business names – 2.6%less than in 2000–2001 – bringing to 339,678 thenumber of business names on the register.

There were 77,011 renewals and changes to theBusiness Names register. Business Affairs handled156,695 telephone enquiries over the year, areduction of 6.1% on the previous year attributed touse of the website service, processing efficiency andeconomic factors.

Business name searches numbered 109,323, includingthose undertaken by private information brokers whoare provided with business names data under contractwith CAV. Information brokers normally relay thesearch results to individual clients electronically.

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Improving Traders’ Behaviour

3.0

Licensing andregistration ofbusinesses protectsconsumers and buildstheir confidence inthe marketplace.

Associations, Cooperatives andLimited PartnershipsIncorporated AssociationsConsumer Affairs Victoria registers incorporatedassociations and monitors their compliance inaccordance with the requirements of the AssociationsIncorporation Act 1981.

During 2001–2002, 1,403 associations wereincorporated. At 30 June 2002, the total number ofincorporated associations on the database was30,162; of these 1,774 were prescribed and 28,388were non-prescribed. Prescribed associations arelarge organisations with revenues of at least$200,000 and/or assets of $500,000.

CAV continued to pursue the lodgement ofoverdue annual returns. As a result, the proportionof prescribed associations lodging annual returnsincreased from 74% in June 2001 to 84% in June 2002. The provision of annual returns bynon-prescribed associations rose from 53% to 71%.

A cancellation program that involved identifyingincorporated associations that had ceased operatingbut had failed to notify the Registrar was completedduring the financial year. Since December 2000,extensive attempts have been made to contactassociations that have not had contact with CAV forsome years, to establish whether they are stilloperating. By the end of June 2002, the registrationof more than 6,500 non-compliant or non-operatingassociations had been cancelled. A furthercancellation exercise is planned for 2002–2003 as partof a program to improve compliance by associationswith the requirement to lodge annual returns.

CooperativesA cooperative is an entity whose shareholders derivebenefits primarily through membership and use ofthe organisation rather than distribution of profits.

As with companies and incorporated associations, allmembers of legally incorporated cooperatives have

limited liability. Under the Co-operatives Act 1996, acooperative’s board of directors is responsible to themembership (shareholders) in much the same way asthe board of a company.

As well as keeping a register of all Victoriancooperatives, Consumer Affairs Victoria isresponsible for receiving and checking annualreturns, processing changes that cooperatives wish tomake (such as a change of director, registered officeor rules), and generally monitoring their operations.

With the registering of 29 new cooperatives in2001–2002, there are now 809 entities on the register.

Limited PartnershipsThe Partnership (Limited Partnerships) Act 1992provides for the registration of limitedpartnerships. These are partnerships between atleast one limited partner and one general partner.There is no restriction on the number of limitedpartners, but there can be a maximum of 20general partners. The financial liability of a limitedpartner is limited to the amount shown on theregister, but there is no limitation on the financialliability of a general partner. There are 37 limitedpartnerships on the register.

Licensing of RegulatedBusinesses and OccupationsLicensing, as well as registration, protects consumersand gives them the confidence to do business withregulated occupations and industries. The BusinessLicensing Authority (BLA) ensures that only eligiblebusinesses and individuals enter these industries;maintains industry standards; and provides access toaccurate public registers and information.

Consumer Affairs Victoria has long-establishedexpertise in administering and enforcingoccupational and business registration and licensingschemes to ensure the protection of the public.CAV aims to provide high quality and cost-effectivebusiness licensing and registration systems.

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The BLA has the power to grant or refuse thelicensing and registration of businesses andoccupations regulated by the following Acts:• Consumer Credit (Victoria) Act 1995• Estate Agents Act 1980• Motor Car Traders Act 1986• Prostitution Control Act 1994• Second-Hand Dealers and Pawnbrokers Act 1989• Travel Agents Act 1986• Introduction Agents Act 1997.

Consumer Affairs Victoria supports the BLA by:• carrying out administrative activities associated

with processing licensing and registrationdocuments for over 20,000 licensees andregistrants

• conducting often extensive probity and eligibilityinquiries in relation to over 2,400 new applicationseach year

• maintaining databases and electronic registersacross all schemes

• providing information to the public and businessesabout eligibility criteria for the businesses andoccupations regulated under the legislation

• responding to around 70,000 telephone calls aboutlicensing matters from Victorian businesses andmembers of the public.

BLA Licence InvestigationsIf a licence is required to carry on a regulatedoccupation, an application must be made to the

BLA for the appropriate licence. The law governinglicensed occupations requires that all newapplications for licences be referred by the BLA toboth the Director of Consumer Affairs Victoria andto the Chief Commissioner of Police. This ensuresthat any prior adverse history an applicant may haveis brought to the attention of the BLA when it isconsidering the granting of a licence.

In addition, in 2001–2002 CAV assisted the BLA inits consideration of over 100 applications fromindividuals or companies wanting permission to belicensed or to continue to be licensed in spite of acriminal record, insolvency or a claim forcompensation by a consumer having been admittedagainst them. About 20% of permission applicationswere refused in 2001–2002. The most commonreason was the applicant’s failure to persuadedecision-makers that it would not be against thepublic interest if they were granted permission.

Of all decisions to refuse a licence or registrationapplication, 15% (12) resulted in an appeal to theVictorian Civil and Administrative Tribunal (VCAT).

In one of these cases, an applicant was refused dueto recent prior convictions involving handling stolengoods, drug trafficking and burglaries. The applicantappealed to VCAT but the matter was struck out byconsent of the parties.

Estate Motor Travel Credit Prostitution Introduction Second-handAgents Car Agents Providers Service Agents Dealers &

Traders Providers Pawnbrokers

Number at:30 June 00 5,623 2,198 1,025 437 152 61 6,81130 June 01 5,799 2,195 998 642 169 73 6,90130 June 02 6,096 2,199 970 649 170 62 6,886

Apps Received 580 185 76 106 27 23 950Apps Granted 546 155 59 102 14 18 746Apps Refused/ 34 25 10 n/a 8 3 24Withdrawn

Table 8. Number of Occupational Licences and Registrations 2001–2002

In addition to refusals, applicants often withdraw onceserious concerns about whether or not they are fit andproper or eligible to trade are drawn to their attention.

Registered Second-hand Dealers andPawnbrokersSignificant changes have been made to the Second-Hand Dealers and Pawnbrokers Act 1989.

One of the changes provides for separate endorsementof pawnbrokers, enabling closer scrutiny of theiractivities to ensure consumer protection measures arecomplied with. Over a three-month transitionalperiod, 6,886 current registrants were required toapply for endorsement to trade as pawnbrokersbeyond 8 July 2002. By 30 June 2002 more than 100second-hand dealers had applied for endorsement totrade as a pawnbroker. (See Chapter 5.)

Licensing OnlineConsumer Affairs Victoria also helps maintain theBLA website, which can be found atwww.bla.vic.gov.au. It contains extensiveinformation for occupations and businesses coveredby the BLA, including eligibility requirements, fees,legislation and forms.

This site is particularly helpful to people in regionaland more remote areas. It includes links to othergovernment websites that have licensinginformation, such as the Business LicensingInformation Service (BLIS) and the BusinessChannel. Licensing staff are available to speak topotential applicants over the telephone or in person.

New Developments in OnlineRegistrationConsumer Affairs Victoria is making a majorinvestment to provide business registration andlicensing transactions, and registers online via theinternet.

Online delivery will provide significantly improvedservices to business, allowing transactions to be done

online seven days a week, 24 hours a day fromanywhere in Victoria. Most transactions will be paidfor online, by credit card, and completedimmediately. Appropriate security measures arebeing introduced to ensure the integrity of theonline transactions.

Efficiency will also be improved by automating thesimilar business names test. This will allow a largeproportion of business names to be evaluatedautomatically and registered immediately, includingonline. Where there is some doubt about thesimilarity of a business name, it will still be referredto expert staff for assessment.

Consumer protection will be enhanced by makingthe business register and certain licensing registersavailable online, so that consumers can checkwhether they are dealing with businesses orindividuals who are licensed and using registeredbusiness names.

Legislative amendments are necessary to facilitateonline delivery. The Business Licensing Legislation(Amendment) Bill 2002 had its second reading inParliament on 16 May 2002. It will amend five Actsto prepare for online delivery. The Acts proposed tobe amended relate to business names, incorporatedassociations, estate agents, motor car traders andtravel agents. Legislative changes also deal withprivacy issues in relation to public registers bydefining the data items that comprise the register;establishing the purpose of the public registers;providing powers to restrict public access to personalinformation on the registers; and providing a rightof appeal against decisions on restriction.

To date, two transactions are available online atonline.justice.vic.gov.au:• The renewal of business names has been available

since early 2001. During 2001–2002, online take-upaveraged 10%, but increased over the year to 14%.

• The search of the Victorian Business Namesregister became available in mid-2002. It allows

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Case StudyCase Study

Case Study

Mildura motor car trader ordered to repay moneyThe Motor Car Traders’ Guarantee Fund Claims Committee will take action against a motorcar trader and, if the trader is a company, its directors, to recover payments from the Fund. Toassist the Claims Committee in pursuing recovery against directors, as part of the licensingprocess all directors are required to sign a Deed of Indemnity, jointly and severallyindemnifying the Claims Committee for any payment made from the Fund against the trader.The trader may also be required to lodge a bank guarantee where there are concerns aboutits, or its directors’, ability to refund the money.

This year, the Claims Committee recovered $53,643 from traders or company directors.

A former Mildura motor car trader, John Baumgurtel, was ordered in March 2002 to repay$8,764.96 to the Motor Car Traders’ Guarantee Fund.

The order by the Melbourne Magistrates’ Court related to six claims by consumers that JimMock Pty Ltd, which traded motor cars in Mildura from 1992–1998, had failed to pay transferfees or to fulfil a warranty. In 1998, the Fund’s Claims Committee paid out on the claims. Thatsame year, the company went into receivership.

Recovery action taken against the company and its directors, James Mock and JohnBaumgurtel, resulted in an order that Mr Baumgurtel personally repay the amount paid out ofthe Fund, plus interest and costs. Further orders were made against the company, requiring itto indemnify Mr Baumgurtel and for a contribution to be paid by Mr Mock.

Mr Baumgurtel was previously prosecuted by Consumer Affairs Victoria in 1999 in relation toa scheme that took advantage of local Aboriginal people. He was convicted of seven chargesunder section 12 of the Fair Trading Act 1985 of falsifying information in applications for amotor car loan. He claimed that deposits had been paid and/or fictitious trade-ins had beenprovided, in relation to various cars purchased under finance to Ford Credit.

new businesses to check a proposed name againstthe register before making application forregistration, and also allows consumers to checkthat the business they are dealing with is registered.

Action is also underway to make available online,key business names, incorporated associations andestate agent licensing transactions, and the estateagents and motor car traders registers.

Guarantee Fund ClaimsMotor Car Traders’ Guarantee FundThe Motor Car Traders’ Guarantee Fund ClaimsCommittee is responsible for determining claims forcompensation made by persons who have incurred a

loss from the failure of a motor car trader to complywith certain obligations.

This year 65 claims were finalised, with 31 admittedin-full or in-part, and 14 refused. Twenty werewithdrawn, largely due to motor car tradersresolving claims before the Claims Committeedetermined them. (See Appendix 6.)

While the number of claims received and finalisedhas steadily decreased over the past two years, theamount paid out on admitted claims, $399,657, hasremained almost the same. This is due to themaximum amount payable on a claim increasingfrom $20,000 to $40,000.

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The highest payments have resulted from motor cartraders failing to:• transfer good title• pay money to a person from whom the trader

purchased a motor car, or to a finance company onthat person’s behalf

• cancel a security interest registered against a motor car.

Estate Agents’ Guarantee FundIf a licensed estate agent, agent’s representative oremployee of a licensed estate agent misappropriatestrust money, any person who has suffered a loss

because of the misappropriation may make a claimon the Estate Agents’ Guarantee Fund (EAGF).

Twenty-eight claims, totalling $426,213.04, wereallowed from the EAGF in 2001–2002. A furtherclaim was withdrawn. An additional amount of$177,293.02 was paid in settlement of interest andcosts for a claim allowed during the previous year.Of this year’s claims, 17 were in respect of securitydeposits, two related to rental monies and nineinvolved sales deposits.

The claims are summarised in the table below. As there is no time limit for making a claim, notall payments relate to events detected during2001–2002.

Housing Guarantee Fund – HIH RescuePackageFollowing the collapse of HIH Insurance, theGovernment provided the HIH rescue package tothose homeowners affected. The rescue package isadministered through the Housing Guarantee FundLimited, which also administers the run-off relatingto the government-based guarantee scheme, whichoperated until 1995.

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Agent’s Name Location No. of Value of Claims Paid Claims Paid

Unknown person(s) at Moorabbin 10 $7,965.32Beech Lynch & Co Pty LtdLifestyle Property Investments Pty Ltd* Kew 7 $147,359.16Angelo Metaxotos* Doncaster 2 $3,196.65Philip James Bedford* Rowville 2 $9,126.60Jacqueline Tabatha Leigh Blyth** East Melbourne 2 $4,983.00John Joseph Randolph Cleary** Eltham 1 $888.00John Joseph Farrugia* Sunshine 1 $774.58Peter Wolseley Garrisson* Toorak 1 $250,393.53Finn & Kempe Pty Ltd* Belgrave 1 $650.00Sandra Mary Bryant** Mount Waverley 1 $876.20Redmond Real Estate Pty Ltd* Wonthaggi 0 †$177,293.02

* Estate Agent **Agent’s Representative †Interest/costs only on

2000-2001 claim

Table 9. Claims allowed against the Estate Agents’ Guarantee Fund 2001–2002

The legislation for the rescue package came intooperation on 8 June 2001 and by 30 June 2002 theFund had paid out $8.4 million, consisting of 281claims payments. Over eight years, $35 million isbeing provided, funded jointly from generalGovernment revenue and a small increase in the levyon building permits.

Residential Tenancies Bond AuthorityThe Residential Tenancies Bond Authority (RTBA)is a statutory authority established by theResidential Tenancies Act 1997, to hold all Victorianresidential tenancy bonds, including those applyingto long-term caravan and rooming house residents.The RTBA is constituted by the Director ofConsumer Affairs Victoria. The RTBA has no othermembers and employs no staff. The RTBA is relianton the staff and resources of CAV, and externalservice providers.

The RTBA holds bonds in a neutral capacity astrustee for landlords and tenants. The RTBA canonly repay bonds as agreed by the landlord andtenant, or as directed by the Victorian Civil andAdministrative Tribunal (VCAT) or a court.

During 2001–2002, Computershare InvestorServices Pty Ltd (a controlled entity ofComputershare Limited, a publicly listed registrycompany) undertook the core processing activities ofregistering bonds and making repayments on behalfof the RTBA.

As at 30 June 2002, the RTBA held 293,275 bonds,valued at $239 million. This represents an increaseof 4.1% in the number of bonds since 30 June2001, and an increase of 9.6% in value.

The major development in RTBA services during2001–2002 was the introduction of a facility toallow licensed real estate agents who are registeredwith the RTBA to lodge bond claims by facsimile.The fax claim facility speeds bond repayments byeliminating the time involved in exchangingdocuments by mail. Receipt of claims by fax

introduces new risks and, accordingly, access to thisfacility is restricted to licensed real estate agents whoare registered with the RTBA and are prepared tocommit to various security measures. This protectsthe agents, their clients (landlords and tenants), andthe RTBA from possible abuse of the system.

Further details concerning the RTBA may beobtained from the RTBA’s Annual Report toParliament. Copies are available by telephoningthe RTBA on 1300 137 164. The RTBA website,www.rtba.vic.gov.au, provides information on the RTBA.

Fundraiser RegistrationsThe Fundraising Appeals Act 1998 regulates thefundraising industry by requiring the keeping ofrecords of monies raised, and the use of badgesidentifying the organisation on whose behalf peopleare soliciting funds.

On 1 January 2002, amendments to the legislationreplaced the notification of appeals scheme with aregistration scheme for fundraisers; imposedeligibility restrictions on people who may havemanagerial or financial responsibility for appeals;and exempted small volunteer-based fundraisersfrom registering.

Intending fundraisers must apply for registration atleast 28 days before commencing fundraisingactivity, and renew their registration every 12months. During the first six months of operation ofthe register, 304 fundraisers were registered.

A public register of fundraisers is available on theinternet at www.consumer.vic.gov.au.

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Compulsory Education forEstate AgentsCAV plays an important role in maximising theeffectiveness of compulsory training programs forintending estate agents and agents’ representatives.

The courses are being reviewed to bring theminto line with the national Property Developmentand Management Training Package, and aregulation is being drafted to prescribe the newcourses. In December 2001, CAV and the EstateAgents Council agreed to allow private trainingproviders to deliver prescribed real estate courses.An amendment to the Estate Agents Act 1980 isbeing drafted to come into effect in 2003.

Code of Conduct for MarketingRetail Electricity in VictoriaThe Code of Conduct for Marketing Retail Electricityin Victoria sets important consumer protectionstandards for the way in which electricity retailerscan market electricity in Victoria. The Codeincorporates provisions contained in the FairTrading Act 1999 and additional standards, forexample disclosure requirements and allowablemarketing hours. Compliance with the Code is alicence condition for electricity retailers in Victoria.

During the year, CAV has worked with theEssential Services Commission, the Energy andWater Ombudsman (Victoria), and the AustralianCompetition and Consumer Commission(ACCC), to ensure there are effective referralprocesses to identify and remedy any consumerproblems that emerge.

While a range of complaints has been handled, noserious market conduct issues arose in 2001–2002.

Consumer Utilities AdvocacyCentreIn 2001, the Government announced a new,independent centre to undertake policy advocacy onbehalf of Victorian utility consumers, and to fund,conduct and disseminate research into consumerutility issues. With CAV’s assistance, the ConsumerUtilities Advocacy Centre (CUAC) was establishedas a registered company. Premises were leased andfitted out, board meetings commenced, and anexecutive officer was recruited. Under the company’sconstitution, a reference group of consumeradvocates representing the widest possible range ofconsumer classes will meet regularly to discussissues, share information, and advise the Centreregarding its work program. The inaugural chair ofthe company is Professor Bill Russell. The companywill be fully operational in 2002–2003.

Ticket ScalpingCAV was represented on a steering committee thatoversaw an independent assessment of ticketscalping by a consultant employed by Sport andRecreation Victoria. The consultant was engaged toassess regulatory options and develop a proposal toaddress profiteering from tickets to one-off, sell-outsporting events.

The Sports Event Ticketing (Fair Access) Bill wasintroduced into Parliament by the Minister forSport and Recreation in Autumn 2002. The mainthrust of the Bill is to minimise opportunities forleakage of ticket stocks to organisations andindividuals intending to sell them at a premium.This will be achieved by providing for the Ministerto approve distribution arrangements for declaredevents. Under the proposal, guidelines would beissued to assist the operators of declared events indocumenting ticket distribution arrangements forthe Minister’s approval.

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Resolving DisputesThe Consumer Affairs Victoria dispute resolutionservice assists consumers to resolve disputes withtraders in a cooperative way. It minimises the needfor consumers to take complaints to the VictorianCivil and Administrative Tribunal (VCAT) or theMagistrates’ Court. The outcomes CAV canachieve for consumers range from the return ofgoods or full or partial refunds, to rectificationwork on a consumer’s goods or services.

Through this service, CAV aims to provide accessible,cost-effective, practical and fair dispute resolution forVictorian consumers, particularly vulnerableconsumers. The service has a high success rate, and isan attractive, no-cost option for consumers.

Modifications introduced to complaint handlingprocesses in 2001 have assisted disadvantagedconsumers to access CAV services. These changeshave established a formalised process for complainthandling that identifies consumers who, by nature oftheir particular circumstances or the remoteness oftheir locality, will be disadvantaged if required to puta complaint in writing. In these circumstances, theenquiries officer will refer them to a funded agencyor complete the complaint form on their behalf.

As part of CAV’s assessment of a complaint, CAValso considers whether the complaint may involve abreach of legislation that should be investigated todetermine whether enforcement action is necessary.

Analysis and OutcomesCAV handled 11,243 written and online complaintsduring 2001–2002, an increase of 1,018 from theprevious year. Residential tenancy, real estate andaccommodation comprised 57% of complaints.Household goods accounted for 24% of complaints;motor vehicle and other transport 8%; building andconstruction 8%; and credit and finance 2%.Complaint trends remained consistent with thoseshown in previous years.

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Consumer ProtectionResolving Disputes and Enforcing the Law

4.0

Consumer AffairsVictoria promotesbusiness complianceand assists consumersto resolve theirdisputes.

The amount of money recovered for consumers byCAV as part of the dispute resolution activity wasestimated to be $1.37 million. This included refunds,rectification services and replacement products.

Analysis of complaints enhances CAV’sunderstanding of marketplace activities. It enablesthe early identification of emerging trends orsystemic issues that may adversely affect Victorianconsumers. Consumers are alerted to these issues viamedia releases, publications and CAV’s telephoneenquiry service. CAV endeavours to informconsumers of their rights and obligations before theyenter into any transactions.

One example of an emerging concern identified in2001–2002 was online auction purchases. A numberof consumers reported that goods auctioned onlinewere not being sent to the purchaser despitepayment having been made. CAV is examining waysto deal with this problem.

Residential TenanciesUnder the Residential Tenancies Act 1997, CAVprovides a Residential Tenancies Inspection Servicethat reports on three issues:• goods that have been left behind by vacating tenants• repairs that tenants have been unable to get the

landlord or managing estate agent to carry out• rent increases.

In practice, CAV inspectors are often successful inresolving disputes over repairs or rent increaseswithout tenants or landlords having to take thematter to VCAT.

In 2001–2002, the residential tenancies teamreceived 5,807 requests for inspections comprising3,599 for goods left behind, 1,481 for non-urgentrepairs, and 727 for rental assessments.

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A. Real estate & accommodation 57%B. Household goods 24%C. Building & construction 8%D. Motor vehicle & other transport equipment 8%E. Insurance, finance & investment 2%F. Commercial equipment/other 1%

A. Tenancy issues, eg rent increases,repairs, abandoned premises and goods 51%

B. Quality issues, eg defective goods, unsatisfactory performance of products or services 21%

C. Contract issues, eg changes, cancellation, non-adherence to terms or non-supply of goods & services 16%

D. Other 12%

Chart 6. Type of Written Complaints 2001–2002

Chart 7. Nature of Written Complaints 2001–2002

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General Problems withTraders 2001–2002

IntroductionConsumer Affairs Victoria proactively attemptsto reduce consumer dissatisfaction by invitingcompanies/businesses to address any notedtrend in complaints received by CAV from thepublic. In this fashion it is hoped that anyperceived customer service issues can beaddressed by the business to the customer’ssatisfaction without further involvement byCAV. In reporting on this activity, CAVappreciates that these traders have voluntarilyworked with CAV in an attempt to addressconsumer complaints.

Real EstateCAV received more than 400 complaints regardingthe conduct of estate agents during the year.Those complaints ranged from minor issues suchas time delays in undertaking maintenance andfailing to return phone calls to excessive delays incarrying out urgent repairs to plumbing, heating orother essential appliances. Other complaintsinvolved the non-lodgement of tenant bonds,agents purchasing property when prohibited to doso, and serious breaches of conduct regulationsand impropriety on the part of agents. CAV hastaken significant action against estate agentsduring the year, including prosecution, disciplinaryaction and enforceable undertakings.

Four major franchise groups were identified as thebasis of a large volume of consumer complaints.No individual agent within those franchise groupswas the subject of consistent complaint. However,CAV was concerned by the large number ofmatters arising from within the franchise groups.

CAV approached the franchise corporations ofStockdale & Leggo, Ray White, L J Hooker andBarry Plant Doherty to address its concernsregarding the volume of complaints. As a result ofthis approach, the groups have arranged for theirstaff training programs to include greater emphasison property management and complaint handlingprocedures. CAV staff attended sessions organisedby Stockdale & Leggo to reinforce the agents’understanding of the issues and the role of CAV inthe regulation of the industry.

Furniture GaloreOver a number of years, CAV has received a largenumber of complaints of faulty furniture, deliverydelays and poor customer service provided by

Furniture Galore. Following a meeting withmanagement of this company in 1999, complaintsfell. However, an expansion of Furniture Galorecoincided with an increase in complaints in 2001. Atanother meeting in 2002, CAV advised managers ofFurniture Galore that the company needed toimprove its customer service and complaintsprocedures. Furniture Galore agreed that staffneeded training in dealing with complaints, andclients should be kept informed of the status oftheir orders. CAV is monitoring the situation.

Lazaway Pools and Spas Pty LtdOver a period of time, various consumercomplaints have been received alleging a patternof poor customer service and conduct againstLazaway Pools and Spas Pty Ltd. Following ameeting with the director of Lazaway Pools andSpas Pty Ltd, there have been ongoing discussionsregarding the conduct of the company in handlingdisputes, with the aim of reducing ongoingconsumer complaints.

Harvey NormanEach year CAV receives numerous complaints andenquiries regarding the Harvey Norman chain ofstores. Most complaints allege failure to fix orreplace goods in a timely manner, and a lack ofresponsiveness to customer concerns which was inpart attributed to the franchise nature of thebusiness. CAV invited representatives of HarveyNorman in to discuss these problems. Put simply,CAV did not want to play the role of HarveyNorman's complaint handling system. As a result, acomplaint handling system, based in Sydney, hasbeen instituted. This new system will be monitoredto determine if it reduces the number ofcomplaints to CAV and improves Harvey Norman'sresponsiveness to customer concerns.

Nokia Mobile PhonesCAV met with the then regional manager of Nokiato discuss a wide range of concerns related toafter-sales service and warranty issues with Nokiamobile phones. Advertising issues were alsoraised. Nokia now encourages consumers to dealdirectly with its repair facilities rather than seekingredress through its network of dealers.

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The etiquette of hostingComplaints about websites, auction houses and internet service providers are a small but growingproportion of complaints that Consumer Affairs Victoria receives. Due to the nature of the web, theyoften have an interstate or international dimension.

When a country music fan from the US found that his website had fallen off the world wide web, he triedcontacting the Melbourne-based webhosting company but couldn’t resolve the problem.

Matters were quickly addressed after CAV became involved.

The country music fan was one of eight US-based web enthusiasts who, along with a couple of Victorians,complained about the service they had received from the webhosting company. They said they had paidbetween $60 and $100 for their websites to be hosted for 12 months. Although the price wascheap…they hadn’t expected their sites to disappear.

Several people complained that their websites were active for a couple of days and then disappeared;others found that their email service was not functioning and they could not get through to the onlinehelp desk to get their problems fixed.

A CAV officer spoke to the director of the company, who agreed that some of the customers’ concernswere legitimate and that the company should establish a fast-track procedure to handle complaints.

Under the new procedure, complainants can lodge a formal complaint by email. If they are still unhappy,they can contact a specific person in the company who will follow up the matter and, in cases where thecomplaint is justified, provide a refund or fix the problem.

No further complaints were received about the company.

ScamsIn 2001–2002, Consumer Affairs Victoria followed up several hundred complaints of scams that tried to lurepeople with false promises of lottery wins, tempting offers of instant wealth, or other too-good-to-be-trueproposals. CAV used the media and brochures to alert people to frequently used scams like those below.

A cheeky scam that invited victims to perpetuate the scam themselves was detected by CAV, and led towarning letters being sent to several local people.

The ‘envelope stuffing’ scheme, which appeared to originate overseas, was one of a number of ‘work athome’ schemes brought to the attention of CAV. It preyed on the unemployed and other vulnerablepeople looking for ways of making money from home.

Advertisements in local papers offered people money to stuff envelopes. Victims sent cash (around $30)to a post office address supposedly to pay for the materials, but all they got in return was a letteroutlining, step-by-step, how they could reproduce the scam themselves.

After warning letters from CAV and reports in the media, incidence of the scam decreased.

In May, Consumer Affairs Victoria exposed a fraudulent off-shore mail-promotion ring operating out of aprivate Carlton mailbox.

Self-proclaimed clairvoyant Marie-France sent individually styled letters around Australia offering toperform a ‘Grand Celestial Operation’ which would enable the recipient to win up to $100,000 in anunspecified lottery – for $79.95.

CAV was made aware of the scam letter by other consumer agencies and acted quickly. It obtained acourt injunction to stop the mailing house passing on any further letters to Health Tips Ltd, whichoperated the mailbox. It also seized letters in the mailbox.

Some of the letters contained payment, or individual consumer credit card details, for the so-called clairvoyant’sservices. They were returned to the senders with stickers advising them to contact Consumer Affairs Victoria.

A survey of client satisfaction with the ResidentialTenancies Inspection Service revealed that theoverall opinion of clients (tenants, landlords andestate agents) was very positive with less than 6%expressing dissatisfaction with the service.

In January 2002, a review of selected CAV processesentitled Making Services More Accessible toDisadvantaged Consumers recommended a numberof changes to residential tenancy procedures andcommunication tools. In response to one of therecommendations, the target time for carrying outrepairs or rental assessments has been reduced from10 weeks to 5 weeks. Work has begun on the otherrecommendations to simplify forms, revisefactsheets, and establish liaison mechanisms withother groups that deal with disadvantaged membersof the community.

A strong emphasis on protecting disadvantagedtenants has led the Residential Tenancies Branchto develop and maintain close links withrepresentatives of tenants and the real estateindustry. Close working relationships with keystakeholders enhances CAV’s potential toprevent, diminish and resolve disputation withinthe marketplace.

The development of education and informationmaterial for tenants, landlords and estate agents,will also increase understanding and compliance oftheir rights and responsibilities under theResidential Tenancies Act 1997.

Estate Agents ResolutionServiceFollowing a review into complaint handling anddispute resolution procedures in relation to real estatein Victoria, the government established the EstateAgents Resolution Service (EARS) within ConsumerAffairs Victoria. Previously, consumers who met withdifficulties in dealing with estate agents had no clearway of resolving disputes, often leading to confusionand variable outcomes.

EARS began operating on 26 April 2002, and offersa free and dedicated service for complaints, advice,information, mediation and dispute resolution on allresidential real estate matters. The service aims toresolve disputes in a mutually acceptable andsatisfactory manner by helping parties work throughtheir differences in an informal, non-legalisticmanner. Either party still has recourse to legal actionat any time in the process if they wish.

EARS may refer matters that appear to involvebreaches of legislation for possible investigationand prosecution.

Compliance Monitoring

Licensed and RegulatedOccupations Certain occupations are regulated by legislation, andrequire a trader to hold a licence or to conductbusiness in a certain way. Businesses that require alicence to operate are known as licensedoccupations. Other occupations which are subject toa specific Act but which do not require a licence tooperate are known as regulated occupations. Underthe legislation governing licensed occupations, CAVinspectors are authorised to enter a trader’s premiseswithout consent and examine documents or thingsfor the purposes of ensuring compliance with therelevant Act. These Acts are the:• Estate Agents Act 1980• Motor Car Traders Act 1986• Travel Agents Act 1986• Prostitution Control Act 1993.

Introduction agents fall into the category of aregulated occupation, with their conduct regulatedby the Introduction Agents Act 1997. CAV inspectorsare entitled to enter an introduction agent’s premiseswith the occupier’s consent, or alternatively under asearch warrant.

During 2001–2002, CAV inspectors carried out thefollowing proactive compliance monitoring

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programs, utilising powers in Acts regulatinglicensed occupations.

InspectionsEstate Agents Inspection ProgramCAV conducted 95 inspections of newly licensedestate agents as part of its proactive inspectionprogram. An inspection involves examining theagent’s trust account books and records to ensure thatclients’ funds are being handled in accordance withthe stringent requirements of the Estate Agents Act andits associated regulations. An aim of this program wasto ensure that new entrants into the market weremade aware of their obligations from the outset.

Where an inspection reveals a serious instance of non-compliance, the matter is referred either to theInvestigations Branch of CAV or to Victoria Police.

Motor Car Traders’ Inspection ProgramUnder the Motor Car Traders Act, licensed motor cartraders are required to keep an up-to-date dealings bookdocumenting their acquisitions and disposals. They arealso required to display certain information on vehiclesbeing offered for sale. CAV’s motor car tradersinspection program checks that these fundamentalconsumer protection requirements are being met.Infringement notices, or ‘on-the-spot’ fines are issuedfor failures. During the course of the year, CAV issued378 infringement notices against 76 motor car traders.

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A real estate dispute After speaking to a number of local real estate agents, a homeowner signed an exclusiveauction authority to sell his property, and authorised the agent to spend up to $5,000 onmarketing through newspaper advertisements, signage, pamphlets, and the internet etc. Theowner and agent agreed on a price that the property should obtain.

However, in the lead-up to the auction, the homeowner advised the agent that he wasunhappy with aspects of the marketing campaign. When the property was passed in, thevendor again raised his concerns, claiming that the agent had failed to adequately market thehome’s features and had misled him on the appraisal of the property: the advertised cost ofthe home was more than one-third below the reserve price.

The homeowner refused to pay the account for the marketing expenses and lodged acomplaint with the Estate Agents Resolution Service (EARS).

EARS contacted the agent and discussed the complaint. The parties agreed to a mediationconference where they had the opportunity to discuss all of the issues-in-dispute in aninformal, confidential manner with an EARS mediator as the impartial third party. The agentoffered to reduce her account by 25%, in recognition that there had been problems with thelevel of service and the unrealistic appraisal. The vendor accepted the offer and agreed topay the balance of the reduced account.

The agent was reminded of her obligations under the legislation regarding false andmisleading advertising, and advised that further complaints of this nature could result ininvestigation leading to possible prosecution.

Because the parties chose to use EARS to resolve the dispute, neither needed to pursue acostly legal remedy.

Travel Agents Inspection ProgramThe Travel Agents Act requires that a travel agent belicensed and be a member of the TravelCompensation Fund, that a qualified person be incontrol of the agency, and that certain accountingrecords be kept properly. The purpose of theprogram is to ensure that these basic consumersafeguards are in place. The program resulted ininjunctions being obtained against two unlicensedtravel agents.

Industry BlitzesIn addition to its ongoing enforcement activities,CAV conducted industry-based blitzes targetingproblem areas.

Motor Car TradersFrom December 2001, CAV began inspecting alllicensed motor car traders whose licences areendorsed to undertake auctions. The purpose of themonitoring program is to ensure that traders areconducting their business in accordance with theMotor Car Traders Act and Regulations. Theemphasis is on retail and consignments selling, andthe representations made to consumers at the timethey purchase vehicles.

E-commerce – E-tailer CAV undertook a proactive inspection andcompliance program to examine the websites oftraders in relation to retail transactions. Over 500websites were inspected to determine if theycomplied with the Fair Trading Act 1999 and thebest practice model ‘Building Consumer Sovereigntyin Electronic Commerce’. A small number of traderswere found to be not complying. CAV wassuccessful in having these identified traders modifytheir websites. One trader was required to enter intoan enforceable undertaking to ensure compliancewith the Act.

Payday LendersFollowing amendments to the Uniform ConsumerCredit Code relating to payday lending, CAVundertook a proactive monitoring program to

ensure that payday lenders were registered as creditproviders, and were conducting business inaccordance with the Consumer Credit Code.Payday loans are short-term, high-interest loans,generally taken out by people to cope with everydayliving expenses. Inspections of payday lendersrevealed that they were complying with the Code.

Estate AgentsIn October 2001, accounting firms acting at thedirection of CAV, began a program of trustaccount inspections of estate agencies indesignated geographical areas. Up until 30 June2002, inspections of 1,033 agencies wereconducted. A number of potential breaches ofthe Estate Agents Act and Regulations wereidentified and referred for investigation.

A review of the advertising practices of estate agentsindicated that the practice of underquoting wasoccurring in numbers that were a cause for concern.A number of property transactions identified in thereview were referred for investigation.

Property Sales of BeneficialInterest to Estate AgentsTo prevent unethical conduct arising from conflictsof interest, section 55 of the Estate Agents Act 1980prohibits estate agents and their employees frompurchasing any property or business that the estateagency is commissioned to sell. It also prevents themfrom selling any such property to their direct familymembers, or to business entities to which they ortheir direct family members belong.

The Estate Agents Act allows this prohibition to bewaived, subject to conditions, if it can be shownthat the vendor’s interest would not becompromised. This year, 383 waiver applicationsmade to CAV were granted. This compares with 198waiver applications approved last year.

CAV entered into 19 enforceable undertakingswith estate agents who have breached section 55.

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Underquoting House Prices

Purchasing a house is the largest financialtransaction that most Australians willundertake. Consumers can suffer detrimentwhen they are misled about prices and bydeceptive behaviour, especially at auctions.

The practices of under- and overquoting houseprices cause concern to both buyers and vendors.Dummy bidding has also been the subject of somecontroversy.

Following a number of complaints about housesbeing sold well above their advertised price,Consumer Affairs Victoria conducted a study intounder- and overquoting. It found that, while notendemic, the practice of underquoting inadvertising was occurring in sufficient numbers tocause concern.

The review examined advertising and results formore than 900 properties involving 31 real estateagents throughout Melbourne.

It identified three common advertising styles:• Price Range, eg $180,000+

53.5% of advertisements• Specified Range, eg. $150,000–$190,000

37.4% of advertisements• Non-specified Range, eg mid-$200,000

9.1% of advertisements

A variation of 10 to 15% between the quotedestimated price and the actual price is generallyconsidered acceptable. The difference betweenthe advertising methods was startling.

The most common practice, Price Range ($+), wasa very unreliable indicator of the potential saleprice of a property. Houses advertised using thePrice Range ($+) method were normally sold formore than 20% above the advertised price.

In contrast, most houses sold using the SpecifiedRange method were well within these figures: theaverage variation between sold or passed-in priceand advertised price was 0.9%. The averagevariation for houses that used the Non-specifiedRange was 9.6%.

As a result of the review, Consumer Affairs Victoriawill be paying closer attention to underquoting. Aswell as following up individual complaints ofmisrepresentation, it will be on the lookout for realestate agents who consistently underquote inadvertisements.

The agents have agreed not to contract withvendors in future, without the Director’s priorconsent. CAV also prosecuted two real estateagents for breaches of the section.

Enforcement Activities

Enforcement OptionsThere are a number of enforcement optionsavailable to CAV to promote compliance withthe legislation it administers. In order from theleast severe to the most severe outcomes, theseoptions include:• written warnings to traders• voluntary undertakings from traders

• enforceable undertakings pursuant to section 146of the Fair Trading Act

• injunctions to restrain or eliminate conduct• disciplinary action against licensed traders• prosecution.

Investigation and ProsecutionAn investigation is commenced if it appears thatprosecution of an alleged breach is warranted andnecessary. CAV determines which of the thousandsof complaints it receives are appropriate forinvestigation and prosecution in accordance with itsEnforcement Policy. The Policy is designed to ensurethat limited resources are committed only to theareas of most benefit to the community.

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In deciding which matters are to be investigated,CAV looks at a range of factors, including the:• seriousness of the alleged offence• culpability and history of the alleged offender• special circumstances surrounding the complaint

(eg vulnerable consumers)• sufficiency and quality of the available evidence• availability of a more appropriate enforcement

mechanism.

Once a matter has been determined as beingappropriate for investigation, the progress ofinquiries is monitored to ensure that the matter isone that is appropriate for prosecution. The factorstaken into account are:• sufficiency and quality of the evidence• whether there is a reasonable prospect of

conviction• whether the public interest requires a prosecution

(eg is the conduct prevalent; is the victimparticularly vulnerable?).

Since the application of the Enforcement Policy,CAV has taken on more substantial enforcementactivities with significance to the community.Enforcement activities may be taken against tradersin licensed and/or regulated occupations under thespecific legislation governing that occupation, oragainst traders in general under the Fair Trading Act.A review of the enforcement policy will beundertaken in 2002.

Enforcement Outcomes for2001–2002CAV investigated 1,063 complaints involvingalleged breaches of legislation during 2001–2002.Of these matters, 87 culminated in courtproceedings, with 84 successfully prosecuted.

Injunctions were obtained under section 33A of theMotor Car Traders Act, restraining five unlicensedpersons from trading in motor cars. Injunctions werealso obtained restraining persons from trading as travelagents and acting as fundraisers. (See Appendix 2.)

Extensive use of enforceable undertakings undersection 146 of the Fair Trading Act was madeduring 2001–2002, with 106 undertakings beingentered into. Enforceable undertakings are anintermediate enforcement measure. They are usedwhen there has been a demonstrated breach of theAct, but it is considered that prosecution may betoo harsh an option or too resource-intensive topursue. The person or company acknowledges thatthey have breached the law, and undertakes not tobreach in the future and to comply with conditionsrequired by the Director of Consumer AffairsVictoria. (See Appendix 3.)

Infringement notices also allow CAV to achievepositive enforcement outcomes without having toresort to resource-intensive prosecution.Infringement notices were used to address strictliability offences under the Motor Car Traders Act,such as failing to enter particulars into the dealingsbook or failing to display a Form 7 disclosure noticeon a used car. More positive enforcement outcomeswere achieved using this method than byprosecution alone. This year 378 infringementnotices were issued. The following table sets out theenforcement outcomes achieved by theInvestigations Branch during the year.

Prosecution of Traders in LicensedOccupationsIn addition to its compliance-monitoring role, CAValso exercises its powers under the various Actsgoverning licensed occupations to prosecute seriouscases of non-compliance.

Seven motor car traders were prosecuted in2001–2002 for unlicensed trading and providingfalse odometer readings under the Motor Car TradersAct. Two of the more significant cases were:

Osman Sabir, formerly Tom Neden, formerlyTarkan Arpaci, was fined $15,000 plus $1,407costs for selling 34 motor vehicles in one yearwhilst not licensed to trade in motor cars.

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George Sim, an unlicensed trader, sold or offeredfor sale 19 cars between January 1998 and June2000. He was convicted and fined $5,000.

Most of the charges against 17 people or companiesprosecuted under the Estate Agents Act, related tofailure to conduct police checks on agents’representatives, unlicensed trading, and agentspurchasing prohibited property.

In one case, Ms Erin Hewitt, who had beendeclared insolvent, was fined $10,000 in theMelbourne Magistrates’ Court for acting as anestate agent’s representative while ineligible.The fine was the largest to date for this offence.

Ms Hewitt was also the first person to becharged with making a false statement undersection 93 of the Estate Agents Act. Ms Hewittswore in a statutory declaration to the BusinessLicensing Authority that she would not act asan estate agent until her licence was restored.However, she continued to act as a agent’srepresentative for Abercromby & Beatty. Shewas fined an additional $2,500 for making afalse statement and $500 for falsely holdingherself to be a licensed agent.

There was one prosecution for unlicensed tradingunder the Travel Agents Act. There were twoprosecutions for failing to keep adequate accountingand other records, and for failing to comply with arequest by an inspector to produce specifiedinformation. In the following case, consumers lostthousands of dollars to an unlicensed travel agent.

Graham Kinghorn of Brighton was fined$20,000 for carrying on a business as a travelagent whilst not licensed. Mr Kinghorn wasan officer of the travel agency Tourworld,whose licence had been cancelled as a result ofbeing placed under external administration.Despite this, the agency continued to tradefor 20 months. Consumers lost close to$180,000. After claims to the TravelCompensation Fund were finalised,consumers were still $108,000 out of pocket.

Seven prosecutions concerned the finance brokingprovisions of the Consumer Credit (Vic) Act 1995,particularly the taking of up-front fees, anddisqualified persons acting as finance brokers.

Under the Credit Administration Act 1984, therewere two prosecutions for failure to producedocuments or answer questions.

Prosecution of Traders in RegulatedOccupationsDomestic building activities are regulated by theDomestic Building Contracts Act 1995 and theBuilding Act 1993. The Building Act is administeredby the Building Commission and requires thatbuilders be registered. The Domestic BuildingContracts Act is administered by CAV and prescribesthe contents of a domestic building contract.

Domestic building projects totalling over $5,000 areregulated by the Domestic Building Contracts Act.Any departures from the provisions of that Act by abuilder are potentially detrimental to the financialinterests of the consumer. For example, a domesticbuilder must not carry out domestic building work

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Type of Enforcement Outcomes No. of Actions Taken No. Successful

Enforceable Undertaking 106 106

Injunction 10 10

Disciplinary action against licensed trader 2 2

Prosecution 87 84

Table 10. Enforcement Outcomes 2001–2002

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No holiday with travel club Crownstar International was a travel club that attracted a large number of customers byoffering world-wide accommodation and travel at discounted rates to club members.

People were convinced to pay membership fees of around $3,000 on the promise thatthey would obtain accommodation discounts of up to 70% and wholesale travel rates.

A glossy and professional accommodation directory was shown to prospective members,which listed a large number of available hotels and other accommodation venuesthroughout the world. However, club members complained that they were not providedwith a copy of this directory and that the discounted travel and accommodation werenot honoured.

CAV executed search warrants on Crownstar’s business premises and CAV assisted theAustralian Securities and Investment Commission who applied to the Federal Court tohave Crownstar placed into liquidation. CAV intends to prosecute this company.

Family finance leads to courtA family business that engaged in bogus finance deals has been shut down, after abrother and sister were fined $91,000 in the Melbourne Magistrates’ Court.

The fines came three months after their father, George Stein, pleaded guilty to acting asa finance broker while prohibited, and taking up-front fees.

Seventeen-year-old Marina Petrou and 20-year-old James Petrou placed anadvertisement in the Herald Sun offering to obtain loans in return for a fee.Unsuspecting callers paid $250–$350 upfront for loans that never materialised.

Marina Petrou was convicted and fined $36,000 under section 37 of the ConsumerCredit (Vic) Act 1995 which makes it an offence for a finance broker to accept feesunless the appropriate documentation has been completed and the finance secured. Ms Petrou was also convicted of acting as a finance broker while prohibited from doingso, as she was under the age of 18.

James Dimitrios Petrou was convicted of aiding and abetting his sister, and was fined$30,000, and the family company, JSMD Financial Consultants, was fined $25,000.

In August 2001, James and Marina’s father, George Stein, was convicted in theMelbourne Magistrates’ Court of acting as a finance broker while prohibited due to aprevious offence. He had been jailed in 1994 for numerous offences involving dishonestyand obtaining property by deception.

On this latest occasion, Stein pleaded guilty to the offences and was ordered to do 180hours of community work, after he repaid $1,950 in fees to his victims.

unless covered by the required insurance. If a builderis not covered by insurance and the work turns outto be defective, then the consumer may have to payfor their own rectification work.

In 2001–2002, there were 21 prosecutions underthe Domestic Building Contracts Act related tounregistered builders, excessive deposits, uninsuredjobs and non-performance of contracts.

There were two prosecutions under the IntroductionAgents Act for unauthorised trading and one relatedto advertising under the Prostitution Control Act.

An introduction agent, David Burgess, wasfined $50,000 plus costs for breaching thedeposit and refund sections of the IntroductionAgents Act. Mr Burgess did not provide refundswithin seven days of receiving cancellationletters from consumers, and he demanded andreceived more than 30% of the contract priceprior to any service being provided. Mr Burgess also made false representation totwo consumers regarding the service.

A person who intends to conduct a fundraisingappeal must apply for registration as a fundraiser atleast 28 days before the date she or he intends tostart conducting the appeal. The Director of CAVmay grant or refuse registration and can imposeconditions. The Director may deregister a fundraiserif, amongst other things, he is satisfied that it is notin the public interest for the person to conduct afundraising appeal.

There were two prosecutions under the FundraisingAppeals Act 1998.

Prosecution of Non-regulated TradersVirtually all transactions taking place betweentraders and consumers in the State of Victoria aresubject to the Fair Trading Act. This Act, amongother things, prohibits false representations in tradeor commerce.

Of the 12 cases prosecuted under the Fair TradingAct in 2001–2002, three related tomisrepresentations and five to publishers demandingpayments for unauthorised advertisements.

Hilton Publishing, the publisher of fourpublications, was fined $64,000 for trying toextract payments from 12 people or companiesfor false advertisements. The company did nothave written instructions or authorisation toplace the advertisements from the person whosebusiness was advertised.

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Magic pill leads to court The Fair Trading Act 1999 is a major tool in protecting vulnerable and disadvantagedconsumers from unscrupulous traders. The following is one of 12 cases prosecuted under theAct in 2001–2002.

A Toorak businessman who asked a quadriplegic woman to pay him $36,000 for a ‘magicmushroom pill’ that would make her walk again was fined $8,000 plus costs in the MelbourneMagistrates’ Court.

Consumer Affairs Victoria argued that Andrew Savva of Narre Warren North, the formeroperator of Kiastor Clinic in Toorak, had shamelessly played upon the hopes of his victim.

The quadriplegic woman, who had been injured in a car accident, sold assets to raise $16,000towards the purchase of the pill.

The court was told Mr Savva had misrepresented the properties of the pill that had no hopeof reversing the damage to the woman’s spinal cord.

He was convicted of misrepresentation under the Fair Trading Act.

Funeral director prosecutedThe Funerals (Pre-Paid Money) Act 1993 aims to protect people who plan and pay for theirown funeral. In 1999–2000, two funeral directors were prosecuted; last year there were noprosecutions and this year one.

A funeral director who failed to invest money he received for pre-paid funerals was fined$20,000 after being prosecuted by Consumer Affairs Victoria.

Five elderly customers paid Mark Robert Bull of the Rye and Sorrento Funeral Service$10,000 to be set aside for their funerals, but he did not invest the money as required by theFunerals (Pre-Paid Money) Act.

Mr Bull was convicted in the Frankston Magistrates’ Court of 29 breaches of the Act relatingto the failure to invest money, and failure to provide customers with proper documentationand receipts.

The purpose of the Act is to protect people, many of them elderly and vulnerable, in theevent of the collapse of a funeral business.

Funeral directors must put the monies that they receive from customers for pre-paid funeralsinto Government-approved funeral benefit funds. This ensures that if something happens tothe funeral business, the customers do not lose their money.

Pre-paid funerals allow people to arrange and pay for their funeral in advance. This ensurestheir wishes are carried out and their families are spared decisions at a stressful time.However, CAV advises people entering a pre-paid funeral contract to make sure they receivea copy of the contract detailing the funeral service, a certificate or advice from theinvestment body that their money has been invested in their name, and a receipt from thefuneral organiser.

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Policy and LegislationConsumer Affairs Victoria has an active policy andlegislative program. Key areas of policy developmentin 2001–2002 were the review of the Fair TradingAct 1999, commencement of a review intoretirement villages, response to the collapse of HIHInsurance Ltd, and advances in a number ofinitiatives regarding fuel.

CAV has taken a leading role in tackling issuesarising from internet-based transactions (e-commerce) as well as mobile phone-basedtransactions (m-commerce).

The major features of the legislative program werethe introduction of two new business registrationschemes, the enhancement of relief for smallbusinesses from unconscionable treatment by othertraders, and the introduction of regulation ofpayday lenders.

From January, fundraisers were required to registerwith the Director of Consumer Affairs Victoriaunless they were exempt from doing so. From April,second-hand dealers who wished to specifically carryon the business of a pawnbroker were required toseek the endorsement of the Business LicensingAuthority (BLA).

Other achievements included the repeal ofredundant provisions in the Trustee Act 1958, andthe repeal of the Business Investigations Act 1958,which has been superseded by the Fair Trading Act1999 and the Corporations Act 2001 (Cwlth).

Fundraising AppealsThe Fundraising Appeals (Amendment) Act 2001amended the Fundraising Appeals Act 1998 to focusattention on major fundraisers and to improveprotection afforded the donating public.

Previously the focus was on the appeals that werebeing conducted, rather than on the persons

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Maintaining an EffectiveConsumer Protection Framework

5.0

Victorian consumersare protected by apolicy and legislativeprogram which isconstantly monitoredand reviewed by CAV.

running the appeals. The Fundraising Appeals(Amendment) Act established a registration schemethat identifies who is fundraising, who is handlingthe monies raised, and how the money isdistributed. It also provides additional enforcementpowers. For example, the Director of ConsumerAffairs Victoria can refuse registration, and canderegister a fundraiser in certain circumstances(including in the public interest). The register isavailable for perusal by the public atwww.consumer.vic.gov.au.

The fundraiser registration scheme also enablesorganisations to be exempted from registering byMinisterial Order. Volunteer fundraisers that raiseless than $10,000 per annum and use onlyvolunteers to conduct their fundraising activities arenot required to register. These exemptions are inaddition to those already given by section 16 of theFundraising Appeals Act (eg to schools, universities,government-funded health services, registeredpolitical parties and religious organisations).

PawnbrokersIn late 2000, a review of the Second-Hand Dealers andPawnbrokers Act 1989, and in particular the regulationof pawnbrokers, was initiated by CAV as part of theGovernment’s commitment to consumer justice. The review involved extensive consultation withindustry and consumer representatives. It built on thework undertaken by the Good Shepherd Youth andFamily Service, which conducted a study of theimpact of deregulation of the pawnbroking industry.

As a result of the review, the Act was amended bythe Second-Hand Dealers and Pawnbrokers(Amendment) Act 2000, which introduced theseparate registration of pawnbrokers to enable closerscrutiny of their activities. It also:• enhanced enforcement powers through the

introduction of inspectors’ powers and the powerto issue infringement notices

• increased penalties for non-compliance with theAct and the Regulations

• revitalised the entitlement to residual equity forpersons pawning goods if the goods are notredeemed and are subsequently sold by thepawnbroker.

The provisions of the Act that introducedendorsement of second-hand dealers wishing toconduct the business of a pawnbroker, newpenalties, and signage requirements, commenced on8 April 2002. The remaining provisions, which dealwith residual equity, inspectors’ powers andinfringement notices, will commence later in 2002.

Unconscionable ConductThe Fair Trading (Unconscionable Conduct) Act 2001amended the Fair Trading Act 1999 to prohibitunconscionable conduct in business transactions ofthree million dollars or less. It complements theprovisions of the Fair Trading Act that prohibitunconscionable conduct in consumer transactions.The amendment reflects provisions in the TradePractices Act 1974. The practical effect of thechanges is to bring unincorporated traders into thenet and to allow all traders access to VCAT for theresolution of unconscionable conduct disputes.

Payday Lending ChangesThe Uniform Consumer Credit Code was amendedto bring the practice of payday lending within itsambit from 10 December 2001. The Code is partof a national law developed by all States andTerritories. Payday lending was not covered by theCode because it fell within a general exemption forcredit provided for not more than 62 days.Typically, payday loans are for no longer than amonth. They are for relatively small amounts,usually for repayment on the consumer’s next payday and they attract high charges.

The Code has been amended so that where thecredit fees and charges exceed 5% of the amount ofcredit provided, or the annual interest rate appliedto the loan exceeds 24%, the credit provider will be

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Payday Loans

‘I had school books and school uniforms to goand get again. High school, it’s not cheap. So Iwas still trying to pay off school fees andeverything like that and I thought well, youknow, try and get some of the fees down theroad, cause I’ve got a grand’s worth of fees topay! Where am I supposed to get the moneyfor that.’ – Samantha*

Payday Lending in Victoria – a research report

Scores of people each day ask themselves a similarquestion. And the answer they come up with ispayday lenders: providers of high-cost, short-termloans.

Payday lending businesses are fairly new toVictoria. One of the first businesses,ChequExchange, opened its doors in Northcote inMay 2000, and a report by the Consumer LawCentre Victoria estimated there were 16establishments in Victoria in 2001–2002.

People who use payday lenders are some of themost vulnerable consumers in our society – low-income earners or people with poor credit ratings.

Until recently they were open to exploitation as theUniform Consumer Credit Code did not apply toshort-term loans. In practice, this meant thatborrowers like Samantha would be given very littleinformation about the loans which charged realinterest rates of on average 500–700%. There werefew formal constraints on the way that paydaylenders administered the loan or pursueddefaulted payments.

The report by the Consumer Law Centre Victoria,titled Payday Lending in Victoria - A researchreport, has painted a picture of the typical paydayloan customer as a low-income earner strugglingto meet everyday bills or unexpected payments.

Based on a survey, the author Dean Wilson, saidborrowers were most likely to be in their latetwenties or early thirties, earning around $24,000 ayear and borrowing about $250 for two to fourweeks. Most of the men were employed while thewomen were on Centrelink benefits, probably asole parenting payment. Many were living belowthe poverty line.

Once they had taken out one loan…other loansfollowed. The average number of repeat loanstaken out by consumers was six over a period of12 months, and quite a few people were using theloans continuously.

The expansion of the Uniform Consumer CreditCode to cover payday lenders aims to giveconsumers more information so they know exactlyhow much they are paying for the loan and theconditions under which they obtain it.

Payday lenders must give consumers a copy of thecredit contract before they sign and a statementoutlining consumer rights under the Code. Theymust supply details of the exact amount borrowed,fees and charges, interest rate (which cannotexceed 48%), repayment date and default charges.

If a consumer has difficulty repaying because ofsickness, job loss or other hardship, he or she isentitled to ask the payday lender to considercoming to a suitable arrangement, and the paydaylender must take this into account in determiningwhat to do.

The consumer can ask for confirmation of the loanamount and payout amount at any time, andpayday lenders cannot seek to enforce a loanwithout first giving proper notice.

The Code allows unjust or unconscionable termsor conditions to be challenged, including wherethe payday lender applies undue pressure onthe consumer to sign, or where the lenderknows that the consumer has no realistic hopeof repaying the loan.

*Not her real name

covered by the Code – irrespective of the timeframe.For example, a payday lender who advances $250for a fortnight and charges a $40 flat fee will needto comply with the Code because the charge exceeds5% of the amount loaned.

This means that persons taking out payday loanswill now have access to the range of protectionsprovided by the Code. Consumers must be madeaware in advance of the key features of the loan,with details of any security required and defaultcharges. They will have the ability to re-open unjustcontracts; and, by virtue of the new requirement forpayday lenders to register with the BLA, thepossibility of VCAT taking disciplinary actionagainst traders.

Other Legislative ChangesTwo other major legislative changes are underdevelopment. The Business Licensing Legislation(Amendment) Bill 2002 was introduced in theAutumn 2002 Parliamentary Sittings, to lie overfor debate in the Spring 2002 ParliamentarySittings. It proposes amendments to the BusinessNames Act 1962, the Associations Incorporation Act1981, the Estate Agents Act 1980, the Motor CarTraders Act 1986 and the Travel Agents Act 1986 toenable online transactions with CAV and the BLA,and to clarify the content of, and rights of accessto, registers established under those Acts.

Additionally, an Exposure Draft has been issuedfor a Bill to amend the Sale of Land Act 1962 toprohibit auction misconduct such as dummybidding, and to amend the Estate Agents Act 1980to regulate the receipt of rebates by estate agentsfor advertising and other services. A range ofother amendments are intended to strengthen theAct’s application. Problems associated with realestate auctions such as vendor and dummybidding, and the conduct of buyers’ advocates,have been examined by the Estate AgentsCouncil, which made a number ofrecommendations feeding into the Bill.

Regulations Made or RevokedDuring 2001–2002Made• Associations Incorporation (Prescribed Particulars)

Regulations 2001• Discharged Servicemen’s Preference Regulations

2001• Credit (Administration)(Committee)(Amendment)

Regulations 2001• Fair Trading (Amendment) Regulations 2001• Fundraising Appeals (Amendment) Regulations

2001• Fuel Prices (Declaration of Secrecy) Regulations

2001• Petroleum Products (Terminal Gate Pricing)

Regulations 2001• Patriotic Funds Regulations 2001• Motor Car Traders (Fees) Regulations 2001• Fair Trading (Safety Standard)(Basketball Rings

and Backboards) Regulations 2002• Business Names (Amendment) Regulations 2002• Subordinate Legislation (Business Names (No.2)

1992) – Extension of Operation Regulations 2002

Revoked• Consumer Affairs (Product Safety)(Airports)

Regulations 1992• Fuel Prices (Declaration of Secrecy) Regulations

1992• Discharged Servicemen’s Preference Regulations

1992• Patriotic Funds Regulations 1992• Patriotic Funds (Travelling Expenses) Regulations

1998

Building Consumer Affairs Victoria worked on a number ofkey issues for consumers in the domestic buildingmarket. Consumers continued to feel repercussionsfrom the collapse of HIH Insurance Ltd in March2001, focussing attention on areas of concern withinthe regulatory framework. The collapse of HIH andother adverse influences on insurance markets,

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including the events in New York of September 11,made it necessary to reduce the scope of builders’warranty insurance in order to retain insurers in themarketplace.

While evaluating the impact of the proposedinsurance changes, CAV began developing principlesand arrangements for an early dispute resolutionmechanism (to be known as Building Advice andConciliation Victoria) to ensure adequate consumerprotection and facilitate a sustainable domesticbuilding industry. These principles – a one-stop-shop,early intervention and speedy dispute resolution, withthe assistance of technical advice where necessary –were to be enshrined in the new service.

CAV worked closely with the Building Commission,the other Government agency dealing with buildingmatters, in the development of this service. Building Advice and Conciliation Victoria will beginoperation in July 2002.

Marketplace DiscriminationAgainst Women ConsumersIn November 2001, the Family and CommunityDevelopment Committee, a joint investigatorycommittee of the Victorian Parliament, finalised areport into marketplace discrimination againstwomen consumers.

The Committee made 16 recommendations toreduce the levels of discrimination against women.These focussed on improving awareness ofdiscrimination among traders and consumers;improving data capture to better identify the extentand areas of marketplace discrimination; andestablishing stronger relationships between agencies,particularly between CAV and the EqualOpportunity Commission (EOC).

An interdepartmental working group comprisingrepresentatives of CAV and other divisions withinthe Department of Justice, the EOC, theDepartment of Premier and Cabinet and the

Department of Treasury and Finance, formulatedthe Government’s response and reported back toParliament on 28 May 2002.

Overall, the Victorian Government will focus onimproving consumer understanding and industrycompliance with anti-discrimination lawsthrough awareness-raising activities, and byproviding advice and support to industry bodies.The Government will:• encourage a proactive industry approach to

dealing with issues of discrimination, and tosupporting industry groups in the developmentof voluntary codes of conduct that addressissues of discrimination

• provide guidelines to assist Government and othergroups to incorporate anti-discrimination messagesinto publications and other material

• continue to work with industry to foster andpromote positive images of women in industry,and female representation in traditionally male industries

• improve the capacity of CAV to monitor thenumber of complaints concerning marketplacediscrimination

• work with the Commonwealth to ensure theavailability of consistent and best-practiceinformation to assist industries in developingself-regulatory industry codes

• advocate to the Commonwealth the need todevelop a nationally consistent and whole-of-government approach to reducing discriminationin the provision of goods and services.

A CAV working group has begun identifying keyprojects in this area.

Review of the Fair Trading Act1999The Minister for Consumer Affairs ordered a reviewof the Fair Trading Act 1999, to ensure thatimplementation of the Act had improved Victoria’sconsumer protection framework, particularly inregards to vulnerable consumers.

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The Government was also concerned whether theAct had kept pace with emerging consumerprotection issues, such as purchasing over theinternet, and with new practices of unscrupuloustraders in door-to-door sales and telemarketing.It wanted to examine whether the Act had keptup with interstate and overseas developments andhad all the modern enforcement powers requiredto deal effectively with rogue traders.

A reference panel of consumer, industry, academicand legal representatives, chaired by Bob StensholtMP, formulated an issues paper with the assistanceof CAV that was posted on the CAV website andsent to interested groups.

In addition, the panel conducted an e-commerceworkshop in September 2001 to discuss consumerissues associated with online trading. The panelreported to the Minister for Consumer Affairs inJune 2002, and the Government will introduce aBill to amend the Act in the Spring 2002 sessionof Parliament.

Other ReviewsReview of the Retirement Villages Act1986The Victorian Retirement Villages Act 1986 wasintroduced to clarify and protect the rights ofpersons who lived in, or who wished to live in,retirement villages. Since the mid-1980s, however,retirement village living has become increasinglypopular and the broader aged-accommodationsector has changed significantly.

A Review of the Act began in 2001–2002. It isevaluating consumer protection mechanisms toensure that Victoria has a regulatory regime thatprotects retirement village residents and provides astable environment in which the retirement villageindustry can prosper.

Through consultation with key industry, consumer,community and resident stakeholder groups, a

number of major issues have been identified,including:• what constitutes a ‘retirement village’• the range and complexity of contracts• confusion about deferred management fees• dispute resolution and complaints mechanisms• monitoring compliance with the Act• overlap between State and Commonwealth

regulations.

After release of a discussion paper and analysis ofsubmissions, the final report will be submittedin 2003.

Review of the Residential Tenancies Act1997Following the report of the Residential TenanciesLegislation Working Group, in which CAVparticipated, the Minister for Housing introduced aResidential Tenancies (Amendment) Bill intoParliament in Autumn 2002.

It includes a proposal to return to the system underwhich rent increases may occur on 60 days’ notice,but only once every six months. It also proposes toincrease the notice to vacate without a specifiedreason from 90 to 120 days, and to reinstate theoffence under the Residential Tenancies Act of non-compliance with Tribunal orders.

Self-regulation, Codes and IndustryStandards During the year, CAV prepared a report for theMinister reviewing the policy framework forindustry self-regulation, and establishing criteria forthe circumstances in which mandatory codes ofpractice would be considered.

The policy framework for self-regulation wasestablished in 1994. Since that time, CAV hasassisted industry associations to develop andimplement codes of practice. It was in light of thisimplementation experience, and with regard to theState Government’s consumer affairs objectives, thatthe policy was reviewed.

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Emerging Issues in FairTrading

A number of emerging issues relating to theoperation of the Fair Trading Act werecanvassed in the Issues Paper released on 13December 2001. The paper sought to draw outcomment and debate on:

Vulnerable ConsumersSome consumers are particularly susceptible tovarious misleading and deceptive practicesbecause of poverty, age, disability, sickness,emotional state, isolation (including geographicisolation faced by rural and regional Victorians) orethnic or indigenous background. Others may bedisadvantaged due to lack of education, relevantexperience or English language skills. Manyvulnerable consumers do not use CAV services.The paper asked whether vulnerable consumersfound it more difficult to access dispute resolutionprocesses, required special protective provisions inthe Act, or required a different approach by CAV toenforcement of the Act.

Internet ShoppingThe paper asked whether the Act adequatelyprotected consumers engaging in e-commerce.Was the best approach to regulating e-commerceto encourage the adoption of voluntary codes ofconduct, or to set out a mandatory legislativeregime? Could legislative protective measures inVictoria that were not reciprocated by other Statesand countries, jeopardise the take-up of e-commerce in Victoria? Alternatively, should e-commerce regulation be carried out at a nationallevel and, in the absence of satisfactory nationalregulation, was it appropriate for Victoria to takethe lead and advocate for its preferred position tobe adopted on a national basis?

Direct SellingIt has long been recognised that peopleapproached in their homes by door-to-doorsalespeople may feel under pressure to buy aproduct just to get rid of the salesperson. Under theAct, the agreement must be in writing and there is acooling-off period. The paper asked whether theseprotections should be extended to consumers whoare transported to the trader's premises for a salespresentation, and to telemarketing. It asked whether sales concluded at a consumer’s

house after the trader has provided a service (egrepairers who sell new appliances) should continueto be regarded as ‘contact sales’; whether ‘contactsales’ approaches should be prohibited afterbusiness hours and on weekends and publicholidays; and whether there should be a limit onthe time that door-to-door sellers can stay inconsumers’ houses.

Unsolicited ProductsThe paper asked whether there was a loophole inthe Act’s definition of ‘unsolicited’, in the light ofthe activities of one trader who inveigledconsumers into believing that they had orderedgoods only on approval.

Other IssuesThe paper also sought comments on whether theAct should include extra consumer protectionmeasures, such as:• A power to require traders to provide proof of

product claims, where the claims seem too goodto be true. It is often difficult and expensive forCAV to do clinical research on, for example,baldness to disprove a baldness-cure claim,whereas the promoters of such claims should beable to provide proof of their claims.

• A power to warn the public about disreputabletraders. Sometimes there is strong evidence ofwrongdoing on the part of a trader and morepeople could be hurt if CAV waits for aprosecution to be finalised before publicising thefact. The issue was whether the Minister or theDirector should have an immunity from suit whenissuing such warnings, including whether thepotential for an abuse outweighed the consumerprotection benefit.

Seventeen detailed submissions were received onthe Issues Paper. They raised several new issuesincluding using plain English and prohibiting unfairterms in consumer contracts; increasing penaltiesunder the Act; prohibiting contact sellers fromrequiring or accepting payments during thecooling-off period; and preventing traders fromcharging for services if the agreement is cancelledunder the cooling-off right.

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The review found that the definition of self-regulationwas too focussed on the development of voluntarycodes, and that greater flexibility in self-regulatorymechanisms was desirable. The review noted thatmany state-based industry and trade associations wererelatively small, and lacked adequate resources todevelop and implement effective voluntary codes thatwould deliver tangible consumer benefits. It noted,however, that these associations might be better placedto implement effective complaints processes andcompliance programs, or encourage individualcompany charters of service standards.

Previously, CAV had sought to assist any trade orindustry association that sought help with codes. Thereview recommended that CAV assist associations byproviding guidelines and other resource materials,but that it should only become actively involved innegotiating codes in areas of strategic importance orwhere there is an important public policy objective.

The review report also considered the circumstancesin which it would be desirable to prescribemandatory codes of practice. Circumstances include:• where a range of self-regulatory or co-regulatory

options have been found to be ineffective and it isdetermined essential that all industry participantsadhere to particular minimum requirements

• where a self-regulatory system exhibits ongoingand serious enforcement deficiencies and it isjudged in the net public interest to intervene

• where there is a widespread market failure but it isnot judged to be of sufficient seriousness towarrant industry-specific legislation

• as a ‘half-way’ house in moving from an industryregulated by primary legislation to deregulation.

In November 2001, the Parliamentary Law ReformCommittee was asked to consider whether mandatorycodes were required to protect consumers in someindustry sectors, particularly hairdressing, removals,carpet cleaning and whitegoods retailing. Work is likelyto commence in October 2002. CAV has offered toprovide data and support the work of the Committee.

Fuel A number of initiatives have been undertaken toensure the efficiency and competitiveness of fuelmarkets in Victoria.

Terminal Gate PricingVictoria was the first State to introduce mandatoryTerminal Gate Pricing (TGP), which came intooperation on 1 August 2001 under the PetroleumProducts (Terminal Gate Pricing) Act 2000.

The aim of the Act is to increase the transparency ofwholesale fuel pricing and to provide access to fuelat refineries and terminals at competitive prices.

The Act changes the way declared suppliers setprices for spot purchases and contracts from a ‘topdown’ to a ‘bottom up’ pricing structure based onTGP. The Act obliges fuel suppliers to:• calculate a terminal gate price (TGP), or wholesale

price, for certain petrol and diesel fuels they sell,using a prescribed formula which is based onimport parity pricing components

• advertise their TGPs on the internet, and notchange a TGP more than once every 24 hours

• add any optional charges for transport, delivery,credit, brand and equipment and the TGP, andto deduct any discounts and rebates from aproduct TGP

• disclose all price information on invoices and asrequested by customers

• provide access to fuel at terminals at the TGP toall customers. Access may only be denied inspecified circumstances.

There were three assessments of the impact of theAct, with a final quarterly assessment due after July2002. These assessments found that:• all declared suppliers set and published a Terminal

Gate Price for each class of declared product on theirwebsites by the required date of 15 August 2001

• declared supplier TGPs for products were differentbut within a reasonable range of each other anddid not change more than once every 24 hours

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• transparency had been achieved and independentshad better access to relatively more competitiveand stable buying prices

• following implementation of the Act the evidencetentatively suggested that TGPs were less volatilethan wholesale list prices, and that movements inTGPs were more closely aligned to internationalprice movements than they had been previously.

A more comprehensive assessment of the first year ofoperation will be prepared later in 2002.

In the long term, fuel distributors and retailersshould benefit through improved opportunities toexpand and commence new businesses and toform buying groups, knowing that fuel can bepurchased directly from terminals at competitiveprices. These benefits are likely to be particularlyrelevant to independent rural resellers.

Consumers are not directly affected by the Act.However, greater transparency allows consumers tocompare pump prices to the TGP to see the totaladd-on cost for fuel in particular locations. In thelonger term, the potential benefits for fuel resellersmay produce benefits for consumers.

Fuel Temperature Correction On 13 July 2001, the Ministerial Council onConsumer Affairs (MCCA) agreed in-principle tointroduce mandatory temperature compensation to15 degrees Celsius for petrol and diesel fuel loadedat refineries and terminals across Australia.

When hot fuel is loaded at refineries and terminalsand delivered direct to retailers, it shrinks as it cools instorage before resale. Hot fuel deliveries cause financialloss and jeopardise the viability of retailers, particularlysmall independent operators. The existence ofindependents is essential to competitive markets inAustralia, and government intervention aims toachieve a more level playing field.

Temperature correction will achieve greatertransparency in the measurement and pricing of

petrol and diesel loaded for sale at refineries andterminals.

Victoria was instrumental in developing a nationalapproach to temperature compensation throughregulation, under the model Uniform TradeMeasurement Legislation. The Victorian proposalwas acknowledged by Governments and industry asdealing with the majority of the problem at littlecost and with potentially significant benefits forfuel retailers.

CAV is working in consultation with theQueensland Office of Fair Trading, which isresponsible for amending the model trademeasurement legislation, to introduce nationaltemperature correction. The results of a regulationimpact assessment and a proposed model regulationwill be reported to State and Territory Ministers forConsumer Affairs later this year. It is intended thattemperature correction be introduced byjurisdictions on 1 December 2002, or as soon aspossible after that date.

LPGFollowing concerns about the high cost of liquefiedpetroleum gas (LPG), CAV convened an industrystakeholder reference group in September 2001 toexamine LPG markets, particularly transparency atthe wholesale level, and to consider and advise onoptions to address problems.

While the reference group was mainly concernedwith LPG autogas, the Essential ServicesCommission (ESC) commenced an inquiry into thepossible abuse of market power in the domesticbottled LPG market. CAV advised on the draftingof the terms of reference for the inquiry, whichcommenced in December 2001.

As both the reference group and the ESC inquirywere concerned with producer pricing practices,finalisation of the reference group’s findings wasdeferred until after the release of the ESC’s finalreport later this year.

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Electronic CommerceE-commerce Consumer Protection Plan E-commerce is a significant priority of theGovernment. One of the goals of its e-commercestrategy, Victoria’s E-commerce Advantage, is to boostthe uptake of e-commerce by consumers andbusiness to enable Victoria to maintain and build itscompetitive advantage.

Consumers, however, will be reluctant to buy goodsand services online until they can be sure that thetransaction will be safe. Consumers need tounderstand what to look for and what to avoidwhen shopping online.

In recognition of the fact that e-commerce is now animportant consumer issue, CAV developed and isimplementing an E-commerce Consumer ProtectionPlan. The Plan is designed to support and feed intothe Government’s overall e-commerce strategy, andis aimed at both protecting and informingconsumers, and ensuring that CAV as anorganisation can meet the challenges of the future.

During the year, CAV has focussed on two mainareas. Firstly, as part of the review of the FairTrading Act, the adequacy of existing legislation toprotect consumers buying goods and servicesonline has been analysed. The second main focushas been on consumer awareness. CAV isdeveloping an exciting new interactive productdesigned to guide and assist people buying goodsand services online. This product, ShopSafe™, willbe supported by an e-commerce website, and isexpected to be launched in the next financial year.CAV has also developed a range of factsheets onvarious e-commerce issues, for example DomainNames, Spam, Internet Service Providers, CreditCard Security and Privacy.

Over the course of the next year, the focus of theE-commerce Consumer Protection Plan is likely toshift to policy and regulatory issues as Victorialeads a national working party on e-commerce

matters. The working party will canvass issues suchas whether there is a need for minimum nationalstatutory standards protecting consumers engagingin e-commerce, web seals of approval, and thechallenges raised by m-commerce (see below).

Web Seals of Approval CAV has urged a national approach to Web Seals ofApproval, following the release of a discussion paperin January 2002.

Web Seals of Approval are generally a third partycertification process that declares that a particularbusiness has agreed to follow a set of rules orguidelines that address particular business practices,for example privacy, security and service issues.Some of the better known seals include Webtrust,eTick, BBBOnLine and TrustUK.

Web Seals have been increasingly used by businessoperators to promote consumer confidence in theonline world. However, this has given rise toseveral consumer issues. A general lack ofconsumer awareness of seals, inconsistentstandards, and a lack of transparency with regardto compliance have dogged industry codes ofpractice for many years.

The paper discusses four possible options: thepreparation of a guide to seals; the development ofcriteria for effective codes; the evaluation of theefficacy of seals; and the establishment of a nationalseal accreditation.

To facilitate a national response, the Minister forConsumer Affairs will raise the issue at theMinisterial Council on Consumer Affairs (MCCA)in August 2002.

M-commerce The ability to use mobile phones and other wirelessdevices to make payments and conduct purchases(m-commerce), is likely to be the next offering frommobile phone service providers in Australia.

52

Telecommunications companies are working withretailers and content providers to develop newservices. Trials have begun that enable consumers touse their mobile phones to pay for parking meters,order and pay for pizzas, and for gambling.

In Europe, the market for m-commerce services isestimated to be worth €23 billion ($A40 billion).In Australia, judging from the adoption of otherforms of technology such as SMS, m-commerceservices are likely to proliferate. Consumers will beable to use wireless devices to access bankingaccounts and pay bills, receive stock quotes andinitiate transactions, or receive special promotionsand generate orders from any place at any time.

The introduction of these services raises questionsregarding privacy and security in undertakingtransactions, liability issues, disclosures, guarantees,advertising practices, the provision of credit, andevidentiary issues.

In May 2002, Victoria developed a draft discussionpaper for consideration by consumer affairs agencies.While many of the potential causes for concern maybe covered by existing consumer protectionmechanisms, new issues will undoubtedly emerge inthe uptake of m-commerce services whereconsumers are left vulnerable to unfair marketingand selling practices. The paper will be presented tothe MCCA in August.

Comparison Interest RatesLegislation has been passed paving the way for it to bemandatory for credit providers to supply comparisonrates to consumers. Regulations to give effect to thenew laws will be finalised in the next financial year.

A comparison rate is a nominal percentage rate perannum that takes into account not only the interestlevied, but also the fees and charges connected withcredit. That is, the total known cost to theconsumer. It enables consumers to identify the truecost of fixed term credit, and hence be in a position

to compare the products of various credit providers.Comparison rates are particularly helpful wherecredit providers package their credit products inmany different ways.

Until now, the provision of comparison rates hasbeen at the discretion of the credit provider, andthey have not been widely used.

In November 2000, the MCCA agreed to thepreparation of an amendment to the nationalUniform Consumer Credit Code, to make theprovision of comparison rates mandatory.

The amendment, passed in April 2002, requires thatwhenever an annual percentage interest rate ismentioned in a credit advertisement, the relevantcomparison rate must also be given. It also requirescredit providers, finance brokers and linked suppliersto supply consumers with schedules of comparisonrates for the various credit products they offer.

Regulations supplying the comparison rate formulaand the advertisement and schedule details should befinalised before the end of 2002, with commencementof the scheme following some months after that, toallow time for credit providers to gear up and forpublic education programs to be rolled out.

53

Consultative BodiesProstitution Control Act MinisterialAdvisory CommitteeThe Prostitution Control Act Ministerial AdvisoryCommittee is established under the ProstitutionControl Act 1994 to advise the Minister forConsumer Affairs on issues related to the regulationand control of prostitution in Victoria.

The Committee comprises 12 members fromGovernment, industry and the community.Members are appointed for their individualexpertise, experience and knowledge of theprostitution industry, rather than asrepresentatives of professional or industryassociations. It meets monthly, and also arrangesmeetings and public hearings to discuss issues inrelation to its terms of reference.

The Committee was chaired by Ms Judith Dixonuntil 13 June 2002. The Committee was reconstitutedafter this date with a revised membership and is nowchaired by Ms Melanie Raymond.

CAV provides research and secretarial support tothe Committee.

During 2001–2002, the Committee pursued anumber of activities consistent with its terms ofreference. These included: • providing a formal submission to the Attorney-

General’s Street Prostitution Advisory Group • advising the Minister regarding the ban on

prostitution service providers being able toadvertise for ancillary staff

• providing a formal submission to the Public Accountsand Estimates Committee Inquiry into CorporateGovernance in the Victorian Public Sector

• concluding its inquiries into employmentarrangements and the use of labour hire agenciesin the prostitution industry. Based on thesubmissions received, the Committee’s view wasthat the use of labour hire agencies by licensedprostitution service providers was limited.

Estate Agents Council The Estate Agents Council is a statutory body thathas a policy and advisory role. The Council’sfunctions are defined in the Estate Agents Act 1980and include:• monitoring the operation of the Act and the

regulations• assessing the efficiency and effectiveness of the

regulation of the real estate industry under theAct, and the need for further regulation oralternatives to regulation, such as deregulationor co-regulation

• monitoring the provision of services by estateagents and developments in the industry

• advising and making recommendations to theMinister for Consumer Affairs on policies

• considering applications for grants under section76 of the Act and making recommendations tothe Minister

• recommending to the Minister proposals forthe reform of the Act and the administration ofthe Act.

The Council’s 2001–2002 work included:• preparing a report to the Minister on the Review

of the Current Auction System for Real Estate inVictoria

• drafting a Code of Conduct for Estate Agents andAgents’ Representatives with a view to replacingthe current Estate Agents (Professional Conduct)Regulations 1997

• preparing a proposal for combating theunderquoting and overquoting abuses in respect toreal estate sales

• examining whether there is a need for a licence tomanage a body corporate.

Patriotic Funds Council Of VictoriaThe Patriotic Funds Council of Victoria (PFC) is astatutory authority established under the PatrioticFunds Act 1958. This Act consolidates the law inrelation to the regulation and control of theraising, collection and application of specifiedfunds within Victoria.

54

Patriotic funds are trust funds, including property,raised in connection with military service for ex-service personnel and their dependents.

There were 625 registered Patriotic Funds, whichcontrolled a total of $276,081,095 for the yearending 31 December 2001. There was $58,354,512receipted into the Funds and $57,810,813 ofdisbursements during the year.

The PFC is also responsible for recommending thedistribution of Anzac Day Proceeds Funds, whichare derived from the Anzac Day Act 1958. In 2001,the PFC recommended the distribution of$363,219.81 to organisations that provide generalwelfare assistance to the ex-service community.

55

56

Appendices

57

Write to us at:Consumer Affairs VictoriaGPO Box 123AMelbourne 3001Fax: (03) 9627 6007Email: consumer@justice.vic.gov.auWebsite: www.consumer.vic.gov.au

Consumers can also email enquiries or submit complaints via forms available on the CAV website.

CAV is open for enquiries Monday to Friday between the hours of 8.30am and 4.00pm at Level 2, 452Flinders Street, Melbourne.

Telephone CAV between 9.00am and 4.00pm Monday to Friday:General enquiries 1300 558 181Household goods/services enquiries Motor vehicle enquiries Residential tenancies enquiries

Building enquiries 1300 557 559Business names enquiries 1300 361 673Business licensing enquiries 1300 135 452Residential tenancies bond enquiries 1300 137 164Estate Agents Resolution Service (EARS) 1300 737 030

TTY/NRS number (for hearing impaired) (03) 9620 1942

Fax CAV on:Consumer enquiries (03) 9627 6007Residential tenancies enquiries (03) 9627 6223

Industry Complaint Handling ProcessesTraders who are part of an industry association often have access to dispute resolution mechanisms availablethrough their association. Generally this is a free service and one that can be explored by consumers if aresolution cannot be achieved via the member trader.

Victorian Civil and Administrative Tribunal (VCAT)VCAT adjudicates disputes between consumers and traders, tenants and landlords, and traders againsttraders. It is responsible for a Civil Claims List and a Residential Tenancies List. Determinations made atVCAT are legally binding and enforceable.VCAT Civil Claims List VCAT Residential Tenancies List Telephone (03) 9628 9830 Telephone (03) 9628 9800 Freecall 1800 133 055 Freecall 1800 133 055Fax (03) 9628 9988 Fax (03) 9628 9822

Community GroupsThere are many groups within the community that provide advice, information and advocacy services forconsumer and tenancy issues. See Appendix 4 for contact details of agencies that receive funding from CAV.

Appendix 1Making a Consumer Complaint

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410

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500

Con

vict

ion.

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ing

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e re

pre

sent

atio

ns; f

ailin

g t

o of

Pre

ston

29(1

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clud

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dre

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ocum

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; fai

ling

62

(1)

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ply

with

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g o

n b

usin

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und

er

20(B

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an u

nreg

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bus

ines

s na

me;

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iling

to

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pla

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usin

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nam

e on

p

rem

ises

.

11 F

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ark

Rob

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5(1)

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vict

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nera

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anis

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res

pec

t to

of

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ting

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1)(b

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to

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ly w

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gar

din

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7(2)

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for

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vest

men

ts; r

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reg

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intr

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13 F

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of L

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out

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198

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198

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Con

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will

ing

to

carr

y on

b

usin

ess

as a

tra

vel a

gen

t w

hils

t un

licen

sed

to

do

so.

4 Ju

n 02

Fran

k C

app

elle

riRT

A35

(1)

11,

000

521

Con

vict

ion.

A la

ndlo

rd fa

iling

to

pro

vid

e a

tena

nt

of K

eilo

r66

(1)

1w

ith a

con

diti

on r

epor

t, s

tate

men

t of

40

5(1)

1rig

hts

and

dut

ies,

a c

omp

lete

d a

nd

406

1si

gne

d b

ond

lod

gem

ent

form

, and

fa

iling

to

lod

ge

a b

ond

with

the

RTB

A.

4 Ju

n 02

Salc

ap P

ty L

tdFT

A27

12,

500

746

Con

vict

ion.

Ass

ertin

g a

rig

ht t

o p

aym

ent

for

the

of S

urfe

rs P

arad

ise

pla

cing

of a

n ad

vert

isem

ent

with

out

QLD

ob

tain

ing

writ

ten

auth

oris

atio

n to

(A

CN

092

968

600

)p

lace

the

ad

vert

isem

ent.

12 J

un 0

2Pe

ter

Bar

thol

omeu

szEA

A59

(6)

580

035

0Es

tate

ag

ent’s

rep

rese

ntat

ive

who

of

Ash

woo

dre

tain

ed p

urch

aser

s’ d

epos

it fo

r hi

s ow

n p

urp

oses

.

14 J

un 0

2Je

ffers

on F

ord

Pty

Ltd

MC

TA41

(1)(a

)1

16,0

005,

000

Con

vict

ion.

Pres

crib

ed p

artic

ular

s no

t co

mp

lete

d

of M

ento

ne41

(2)(b

)1

in a

gre

emen

t fo

r sa

le o

f mot

or c

ar;

(AC

N 0

05 6

20 8

97)

FTA

12(n

)3

faili

ng t

o p

rovi

de

pur

chas

er w

ith c

opy

21(1

)1

of a

gre

emen

t; fa

lsel

y re

pre

sent

ing

tha

tlo

an a

pp

rove

d a

nd u

ndue

har

assm

ent.

a2.0

75

Dat

e o

fD

efen

dan

tA

ctSe

ctio

nN

o.

of

Fine

sC

ost

s O

ther

Ord

ers

Bre

ach

Sum

mar

yH

eari

ngO

ffen

ces

$$

24 J

un 0

2H

ilton

Pub

lishi

ng

FTA

27(1

)25

662

,600

2,41

9.03

Con

vict

ion.

Ass

ertin

g a

rig

ht t

o p

aym

ent

for

Pty

Ltd

of B

right

on

pla

cing

ad

vert

isem

ents

in o

ne o

r m

ore

(AC

N 0

82 1

37 7

91)

of t

he c

omp

any’

s p

ublic

atio

ns w

ithou

t th

e w

ritte

n in

stru

ctio

n or

aut

horis

atio

n of

the

per

son

who

se b

usin

ess

was

ad

vert

ised

.

24 J

un 0

2A

lexa

nder

Dav

id

FTA

27(1

)25

631

,300

2,41

9.03

Con

vict

ion.

The

sole

dire

ctor

of H

ilton

Pub

lishi

ng

McK

enzi

e of

Brig

hton

Pty

Ltd

cha

rged

with

the

sam

e of

fenc

es a

s th

e co

mp

any.

25 J

un 0

2C

liffla

nd P

ty L

tdM

CTA

33A

Inju

nctio

n no

t U

nlic

ense

d m

otor

car

tra

din

g.

of H

awth

orn

to t

rad

e in

(A

CN

064

818

548

)m

otor

car

s.

25 J

un 0

2M

ark

Jam

es O

'Con

nor

MC

TA33

AIn

junc

tion

not

Unl

icen

sed

mot

or c

ar t

rad

ing

.of

Elw

ood

to t

rad

e in

m

otor

car

s.

28 J

un 0

2Le

slie

Hen

ry C

ann

CC

(V)A

37L

22,

000

500

Con

vict

ion.

Rece

ivin

g a

fee

for

neg

otia

ting

of

Brig

htFT

A29

2co

nsum

er c

red

it to

whi

ch h

e w

as n

ot

C(A

)A20

1en

title

d; f

ailin

g t

o in

clud

e ad

dre

ss in

d

ocum

ent;

and

faili

ng t

o su

pp

ly

info

rmat

ion

req

uire

d b

y an

Insp

ecto

r ap

poi

nted

und

er t

he F

air

Trad

ing

Act

1999

.

a2.0

76

Dat

e o

fD

efen

dan

tA

ctSe

ctio

nN

o.

of

Fine

sC

ost

s O

ther

Ord

ers

Bre

ach

Sum

mar

yH

eari

ngO

ffen

ces

$$

28 J

un 0

2N

oel T

anis

EAA

63(1

)(a)

365

7.85

12 m

onth

s g

ood

Li

cens

ed e

stat

e ag

ent

faili

ng t

o ke

ep

of A

pol

lo B

ay64

(1)

1b

ehav

iour

bon

d.

full

and

acc

urat

e tr

ust

acco

unt

reco

rds;

70

(1)

1O

rder

ed t

o p

ay

faili

ng t

o ha

ve a

ccou

nts

aud

ited

; and

EA

(GA

A)

251

$1,5

00 t

o

faili

ng t

o ke

ep t

rust

acc

ount

rec

ord

s Re

gs

271

‘Kic

king

Goa

ls

open

for

insp

ectio

n at

the

offi

ce.

281

Yout

h Pr

ogra

m’.

351

371

381

Ab

bre

viat

ions

BA

Bui

ldin

g A

ct19

93FA

AFu

ndra

isin

g A

pp

eals

Act

1998

BLA

Bus

ines

s Li

cens

ing

Aut

horit

yF(

PM)A

Fune

rals

(Pre

-Pai

d M

oney

) Act

1993

BN

AB

usin

ess

Nam

es A

ct19

62FT

AFa

ir Tr

adin

g A

ct19

99C

AC

rimes

Act

1958

FTA

198

5

Fair

Trad

ing

Act

1985

C(A

)AC

red

it (A

dm

inis

trat

ion)

Act

1984

IAA

Intr

oduc

tion

Ag

ents

Act

1997

CC

(V)A

Con

sum

er C

red

it (V

icto

ria) A

ct19

95M

CTA

Mot

or C

ar T

rad

ers

Act

1986

DB

CA

D

omes

tic B

uild

ing

Con

trac

ts A

ct19

95PC

APr

ostit

utio

n C

ontr

ol A

ct19

94EA

AEs

tate

Ag

ents

Act

1980

RTA

Resi

den

tial T

enan

cies

Act

1997

EA(G

AA

) Reg

sEs

tate

Ag

ents

(Gen

eral

, Acc

ount

s RT

BA

Resi

den

tial T

enan

cies

Bon

d A

utho

rity

and

Aud

it) R

egul

atio

ns 1

997

TAA

Trav

el A

gen

ts A

ct19

86

a2.0

77

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

2 Ju

l 01

Nor

ma

Rob

son

EAA

12(1

)(b)

Failu

re t

o ho

ld a

n es

tate

ag

ent’s

lice

nce

Cea

se a

ctin

g a

s an

est

ate

agen

t un

less

of

Ben

dig

oB

NA

5(1)

(a)

whi

lst

man

agin

g r

enta

l pro

per

ties

and

lic

ense

d a

nd u

sing

a b

usin

ess

nam

e un

less

fa

ilure

to

reg

iste

r a

bus

ines

s na

me.

reg

iste

red

.

18 J

ul 0

1B

arry

Pla

nt R

eal E

stat

e EA

A49

A(1

)Fa

ilure

to

hold

a w

ritte

n en

gag

emen

t W

ill n

ot s

eek

or o

bta

in a

ny p

aym

ent

(Reg

iona

l) V

ic P

ty L

tdEA

(GA

A)

39(1

)of

ap

poi

ntm

ent

to a

ct a

s th

e m

anag

ing

un

less

the

ag

ent

has

a w

ritte

n (A

CN

057

852

990

)Re

gs

agen

t fo

r a

land

lord

; acc

eptin

g r

ent

app

oint

men

t or

tak

e or

use

any

mon

ey

from

a t

enan

t w

ithou

t au

thor

ity; a

nd

unle

ss t

he a

gen

t ha

s ob

tain

ed a

utho

rity

to

ded

uctin

g c

omm

issi

on a

nd o

ther

d

o so

.ar

rear

s w

ithou

t au

thor

ity.

19 J

ul 0

1B

rend

an J

osep

h N

ihill

EA

A55

Failu

re o

f the

Offi

cer

in E

ffect

ive

Con

trol

To

com

ply

with

the

req

uire

men

ts o

f the

of

Sou

th M

oran

gto

ob

tain

the

per

mis

sion

of t

he D

irect

or

Act

in fu

ture

if a

n em

plo

yee

or p

rohi

bite

d

for

his

wife

to

pur

chas

e a

pro

per

ty t

he

per

son

wis

hes

to p

urch

ase

a p

rop

erty

.re

al e

stat

e ag

ency

had

bee

n co

mm

issi

oned

to

sell.

21 J

ul 0

1G

eorg

e an

d A

ngel

a RT

A40

5Fa

ilure

to

lod

ge

a b

ond

with

the

RTB

A.

To c

omp

ly w

ith t

he r

equi

rem

ents

of t

he

Top

alid

is o

f Kew

406

Act

to

lod

ge

the

bon

d a

nd b

ond

lo

dg

emen

t fo

rm w

ith t

he R

TBA

with

in 5

b

usin

ess

day

s of

rec

eivi

ng t

he b

ond

.

6 A

ug 0

1G

eorg

e Jo

hns

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

.Re

frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s of

Ham

pto

n Pa

rkon

his

ow

n b

ehal

f or

on b

ehal

f of a

ny

othe

r p

erso

n in

bre

ach

of t

he A

ct.

7 A

ug 0

1Ro

ber

t Li

ndle

y EA

A55

Failu

re o

f the

Offi

cer

in E

ffect

ive

Con

trol

N

ot t

o re

ceiv

e co

mm

issi

on fo

r th

e sa

le

Wes

twoo

d o

f Wer

ribee

to o

bta

in t

he p

erm

issi

on o

f the

Dire

ctor

an

d t

o co

mp

ly w

ith t

he r

equi

rem

ents

of

to p

urch

ase

a p

rop

erty

the

rea

l est

ate

the

Act

in fu

ture

if h

e or

an

emp

loye

e or

ag

ency

had

bee

n co

mm

issi

oned

to

sell.

pro

hib

ited

per

son

wis

hes

to p

urch

ase

a p

rop

erty

.

Appendix 3Enforceable Undertakings Under Section 146 of the Fair Trading Act 1999

a3.0

78

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

7 A

ug 0

1Ph

il D

alto

n RT

A26

4G

ave

notic

e to

vac

ate

to a

ten

ant

on

To c

omp

ly w

ith s

ectio

n 26

4 of

the

Act

. of

Wan

din

Nor

thth

e g

roun

ds

that

the

pro

per

ty w

as t

o b

e us

ed a

s a

prim

ary

pla

ce o

f res

iden

ce

and

sub

seq

uent

ly r

elet

the

pre

mis

es

with

in s

ix m

onth

s.

8 A

ug 0

1Ro

n Po

yser

Mot

ors

MC

TA

22A

dve

rtis

ed c

ars

for

sale

with

out

incl

udin

gTo

com

ply

with

reg

ulat

ions

22

and

23

of

Pty

Ltd

of B

end

igo

Reg

s23

the

actu

al a

mou

nt o

f dea

ler

char

ges

.th

e Re

gul

atio

ns.

(AC

N 0

05 9

59 1

97)

9 A

ug 0

1Pe

ter

Stev

ens

Mot

ors

MC

TA

22A

dve

rtis

ed c

ars

for

sale

with

out

incl

udin

g

To c

omp

ly w

ith r

egul

atio

ns 2

2 an

d 2

3 of

Pt

y Lt

d o

f Seb

asto

pol

Reg

s23

the

cash

pric

e or

the

act

ual a

mou

nt o

f th

e Re

gul

atio

ns.

(AC

N 0

04 5

64 3

36)

dea

ler

char

ges

.

16 A

ug 0

1D

avid

Has

kett

tra

din

g

DB

CA

29U

nder

took

to

cons

truc

t a

timb

er d

eck

Und

erto

ok t

o co

mp

ly w

ith t

he

as H

& M

Car

pen

try

31w

hils

t no

t b

eing

reg

iste

red

as

a b

uild

er;

req

uire

men

ts o

f the

Act

s b

y b

eing

of

Lily

dal

eB

A16

faile

d t

o en

ter

into

a d

omes

tic b

uild

ing

re

gis

tere

d a

s a

bui

lder

if t

he w

orks

exc

eed

13

6(2)

cont

ract

; mis

rep

rese

nted

the

con

trac

t $5

,000

; ent

erin

g in

to a

dom

estic

bui

ldin

g

BN

A5

pric

e w

hen

obta

inin

g a

bui

ldin

g p

erm

it;

cont

ract

for

such

wor

ks; o

bta

inin

g t

he

and

faile

d t

o ob

tain

the

nec

essa

ry

rele

vant

insu

ranc

e; c

omp

lyin

g w

ith t

he

insu

ranc

e fo

r th

e w

orks

.re

leva

nt b

uild

ing

per

mit

and

reg

iste

ring

a

bus

ines

s na

me.

17 A

ug 0

1M

ainc

ore

Pty

Ltd

M

CTA

22

Ad

vert

ised

car

s w

ithou

t su

ffici

ent

Incl

ude

the

reg

istr

atio

n nu

mb

er in

eve

ry

of B

end

igo

Reg

sid

entif

icat

ion.

adve

rtis

emen

t fo

r th

e sa

le o

f a u

sed

car

.(A

CN

061

512

516

)

21 A

ug 0

1St

orm

Vic

tor

DB

CA

31U

nder

took

to

sup

ply

and

inst

all a

kitc

hen

Und

erto

ok t

o co

mp

ly w

ith t

he p

rovi

sion

s of

Wan

tirna

29w

hils

t no

t b

eing

reg

iste

red

as

a b

uild

er;

of s

ectio

ns 1

1, 2

9 an

d 3

1 of

the

DB

CA

11

faile

d t

o en

ter

into

a d

omes

tic b

uild

ing

an

d w

ith s

ectio

n 13

6(2)

of t

he B

A.

BA

136(

2)co

ntra

ct; d

eman

ded

a d

epos

it in

exc

ess

of 1

0% o

f the

con

trac

t p

rice;

and

faile

d

to h

ave

the

nece

ssar

y in

sura

nce.

a3.0

79

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

24 A

ug 0

1V

ietn

ames

e Pr

ofes

sion

al

FAA

17A

Con

duc

ting

an

unau

thor

ised

fund

rais

ing

To

com

ply

with

the

Act

by

lod

gin

g a

So

ciet

y –

Vic

toria

n ap

pea

l kno

wn

as t

he C

entr

al V

ietn

am

notic

e of

inte

ntio

n to

fund

rais

e.C

hap

ter

of R

eser

voir

Floo

d R

elie

f Com

mitt

ee A

pp

eal.

24 A

ug 0

1G

lorij

a La

wre

nce

RTA

405

Faile

d t

o p

rovi

de

tena

nts

with

a b

ond

To

com

ply

with

the

req

uire

men

ts o

f the

of

Fra

nkst

on40

6lo

dg

emen

t fo

rm a

nd lo

dg

e th

e b

ond

A

ct t

o lo

dg

e th

e b

ond

and

the

bon

d

with

the

RTB

A.

lod

gem

ent

form

with

the

RTB

A w

ithin

5

bus

ines

s d

ays

of r

ecei

ving

the

bon

d.

27 A

ug 0

1H

oa N

ien

Yout

h G

roup

FA

A17

AC

ond

uctin

g a

n un

auth

oris

ed fu

ndra

isin

g

To c

omp

ly w

ith t

he A

ct b

y lo

dg

ing

a

of F

oots

cray

Wes

tap

pea

l kno

wn

as t

he C

entr

al V

ietn

am

notic

e of

inte

ntio

n to

fund

rais

e.Fl

ood

Rel

ief C

omm

ittee

Ap

pea

l.

30 A

ug 0

1V

ietn

ames

e W

omen

’s FA

A17

AC

ond

uctin

g a

n un

auth

oris

ed fu

ndra

isin

g

To c

omp

ly w

ith t

he A

ct b

y lo

dg

ing

a

Ass

ocia

tion

of V

icto

ria

app

eal k

now

n as

the

Cen

tral

Vie

tnam

no

tice

of in

tent

ion

to fu

ndra

ise.

Inc

of F

awkn

erFl

ood

Rel

ief C

omm

ittee

Ap

pea

l.

6 Se

pt

01D

omen

ic L

uzza

RT

A35

Faile

d t

o su

pp

ly c

ond

ition

rep

ort

and

To

com

ply

with

sec

tions

35,

66,

405

and

of

Cob

urg

66St

atem

ent

of R

ight

s an

d D

utie

s an

d

406

of t

he A

ct.

405

bon

d lo

dg

emen

t fo

rm t

o te

nant

s; a

nd

406

failu

re t

o lo

dg

e b

ond

with

RTB

A.

6 Se

pt

01C

are

Hom

e D

BC

A36

Faile

d t

o su

pp

ly a

cop

y of

the

dom

estic

To

com

ply

with

sec

tions

11

and

36

of t

he

Imp

rove

men

ts11

(1)

bui

ldin

g c

ontr

act

to t

he c

onsu

mer

; D

BC

A a

nd w

ith t

he p

rovi

sion

s of

sec

tion

5 (V

ic) P

ty L

tdB

NA

5d

eman

ded

a d

epos

it of

mor

e th

an 5

%

of t

he B

NA

.(A

CN

078

626

669

)of

the

con

trac

t p

rice;

and

car

ried

on

of M

oone

e Po

nds

bus

ines

s w

ithou

t re

gis

terin

g a

b

usin

ess

nam

e.

10 S

ept

01A

ndre

w N

orm

an

EAA

55Fa

ilure

of t

he O

ffice

r in

Effe

ctiv

e C

ontr

ol

To c

omp

ly w

ith t

he r

equi

rem

ents

of t

he

Gilm

our

of C

obra

mto

ob

tain

per

mis

sion

of t

he D

irect

or fo

r A

ct in

futu

re if

an

emp

loye

e or

pro

hib

ited

an

ag

ent’s

rep

rese

ntat

ive

to p

urch

ase

a p

erso

n w

ishe

s to

pur

chas

e a

pro

per

ty.

pro

per

ty t

he r

eal e

stat

e ag

ency

had

b

een

com

mis

sion

ed t

o se

ll.

a3.0

80

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

14 S

ept

01St

ockd

ale

& L

egg

o R

ye

EAA

29B

A m

isap

pro

pria

tion

of fu

nds

was

not

Th

e co

mp

any

and

the

Offi

cer

in E

ffect

ive

Pty

Ltd

30A

A(d

) d

etec

ted

for

eig

ht m

onth

s an

d it

C

ontr

ol u

nder

take

to

esta

blis

h an

d

(AC

N 0

58 3

61 5

78) a

nd30

AA

(e)

ind

icat

ed t

he fa

ilure

by

the

Offi

cer

in

mon

itor

pro

ced

ures

to

ensu

re b

usin

ess

Pete

r Jo

hn V

an D

uren

Ef

fect

ive

Con

trol

to

esta

blis

h an

d

is c

ond

ucte

d in

acc

ord

ance

with

the

of

Rye

mon

itor

adeq

uate

pro

ced

ures

.la

w a

nd g

ood

est

ate

agen

cy p

ract

ice.

Tha

tth

e O

ffice

r in

Effe

ctiv

e C

ontr

ol c

omm

ence

an

ap

pro

pria

te t

rain

ing

cou

rse

in

mai

ntai

ning

com

put

er a

ccou

ntin

g r

ecor

ds.

17 S

ept

01Ta

lbot

Birn

er M

orle

y EA

A55

Failu

re o

f the

Offi

cer

in E

ffect

ive

Con

trol

To

com

ply

with

the

req

uire

men

ts o

f the

Pt

y Lt

d t

rad

ing

as

to o

bta

in p

erm

issi

on o

f the

Dire

ctor

for

Act

in fu

ture

if a

n em

plo

yee

or p

rohi

bite

d

TBM

.com

of C

aulfi

eld

an a

gen

t’s r

epre

sent

ativ

e to

pur

chas

e a

per

son

wis

hes

to p

urch

ase

a p

rop

erty

.(A

CN

058

138

720

)p

rop

erty

the

rea

l est

ate

agen

cy h

ad

bee

n co

mm

issi

oned

to

sell.

17 S

ept

01Ro

fnoi

Pty

Ltd

RT

A35

Faile

d t

o su

pp

ly c

ond

ition

rep

ort

and

To

com

ply

with

sec

tions

35,

66,

405

and

(A

CN

005

947

142

)66

Stat

emen

t of

Rig

hts

and

Dut

ies

and

40

6 of

the

Act

.an

d C

ater

ina

Luzz

a 40

5b

ond

lod

gem

ent

form

to

tena

nts

and

of

Cob

urg

406

failu

re t

o lo

dg

e b

ond

with

RTB

A.

19 S

ept

01V

ietn

ames

e St

uden

ts

FAA

17A

Con

duc

ting

an

unau

thor

ised

fund

rais

ing

To

com

ply

with

the

Act

by

lod

gin

g a

A

ssoc

iatio

n of

Vic

toria

ap

pea

l kno

wn

as t

he C

entr

al V

ietn

am

notic

e of

inte

ntio

n to

fund

rais

e.In

c of

Ivan

hoe

Floo

d R

elie

f Com

mitt

ee A

pp

eal.

21 S

ept

01St

ockd

ale

& L

egg

o RT

A26

4Re

let

pre

mis

es w

ithin

6 m

onth

s af

ter

To c

omp

ly w

ith s

ectio

n 26

4 of

the

Act

.Ep

pin

g P

ty L

td

tena

nts

had

bee

n g

iven

not

ice

to v

acat

e of

Ep

pin

gon

the

bas

is t

hat

a p

erso

n w

as t

o us

e (A

CN

052

422

527

)th

e p

rop

erty

as

a p

rimar

y re

sid

ence

.

21 S

ept

01Su

san

Eliz

abet

h Pe

rry

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

.Re

frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s of

Cau

lfiel

don

her

ow

n b

ehal

f or

on b

ehal

f of a

ny

othe

r p

erso

n in

bre

ach

of t

he A

ct.

a3.0

81

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

25 S

ept

01C

hris

Kel

epou

ris

EAA

55Fa

ilure

of t

he O

ffice

r in

Effe

ctiv

e To

com

ply

with

the

req

uire

men

ts o

f the

of

Eas

t D

onca

ster

Con

trol

to

obta

in t

he p

erm

issi

on o

f A

ct in

futu

re if

he

or a

n em

plo

yee

or

the

Dire

ctor

for

the

pur

chas

e of

a

pro

hib

ited

per

son

wis

hes

to p

urch

ase

a p

rop

erty

the

rea

l est

ate

agen

cy h

ad

pro

per

ty.

bee

n co

mm

issi

oned

to

sell.

27 S

ept

01W

ayne

Leo

n Sw

eene

y EA

A59

Failu

re t

o p

ay d

epos

it m

onie

s in

to

To c

omp

ly w

ith t

he r

equi

rem

ents

of t

he

of W

illia

mst

own

63a

trus

t ac

coun

t an

d fa

ilure

to

issu

e A

ct in

rel

atio

n to

the

rec

eip

ting

of m

oney

a

rece

ipt.

and

the

ban

king

of m

oney

into

tru

st

acco

unts

.

1 O

ct 0

1C

hris

tine

Tun

EAA

55A

s an

ag

ent’s

rep

rese

ntat

ive

pur

chas

ed

To n

ot r

epea

t th

e co

nduc

t in

the

futu

re.

of K

ewa

pro

per

ty h

er e

mp

loye

r, Ta

lbot

Birn

er

Mor

ley

Pty

Ltd

, was

com

mis

sion

ed t

o se

ll, w

ithou

t ob

tain

ing

the

ap

pro

val o

f th

e D

irect

or p

rior

to t

he p

urch

ase.

1 O

ct 0

1M

arte

z C

usm

ano

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

.Re

frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s of

War

rand

yte

on h

er o

wn

beh

alf o

r on

beh

alf o

f any

ot

her

per

son

in b

reac

h of

the

Act

.

10 O

ct 0

1A

ntho

ny K

evin

EA

A55

As

Offi

cer

in E

ffect

ive

Con

trol

, he

To n

ot r

epea

t th

e co

nduc

t in

the

futu

re.

McM

anus

of L

ara

per

mitt

ed a

pro

hib

ited

per

son

to

pur

chas

e a

pro

per

ty t

he c

omp

any

McM

anus

Rea

l Est

ate

Pty

Ltd

was

co

mm

issi

oned

to

sell,

with

out

obta

inin

g t

he a

pp

rova

l of t

he

Dire

ctor

prio

r to

the

pur

chas

e.

17 O

ct 0

1Sa

lah

Sara

ya

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

.Re

frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s of

Gle

nroy

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

ot

her

per

son

in b

reac

h of

the

Act

.

a3.0

82

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

17 O

ct 0

1W

aed

ive

Pty

Ltd

FT

A27

The

com

pan

y ha

s no

t ob

tain

ed t

he

The

com

pan

y un

der

took

not

to

seek

of

Mon

a Va

le

writ

ten

auth

oris

atio

n fo

r p

laci

ng a

n p

aym

ent

in t

he fu

ture

with

out

obta

inin

g

(AC

N 0

90 7

90 4

90)

adve

rtis

emen

t in

the

Sm

all B

usin

ess

writ

ten

auth

oris

atio

n fr

om a

n ad

vert

iser

.B

ulle

tin p

rior

to s

eeki

ng p

aym

ent

for

the

adve

rtis

emen

t.

18 O

ct 0

1N

abig

a Sa

raya

M

CTA

7U

nlic

ense

d m

otor

car

tra

din

g.

Refr

ain

from

sel

ling

or

offe

ring

mot

or c

ars

of G

lenr

oyon

her

ow

n b

ehal

f or

on b

ehal

f of a

ny

othe

r p

erso

n in

bre

ach

of t

he A

ct.

18 O

ct 0

1Pa

nasa

les

Cle

aran

ce

FTA

12(k

)Th

e co

mp

any’

s ta

x in

voic

e/ca

sh s

ale

The

com

pan

y w

ill a

men

d a

ll d

ocum

ents

, C

entr

e Pt

y Lt

d

doc

umen

t st

ated

, ‘g

ood

s m

ay b

e an

d w

ill n

ot s

tate

eith

er d

irect

ly o

r of

St

Kild

aex

chan

ged

but

no

refu

nd w

ill b

e

ind

irect

ly t

hat

no r

efun

ds

will

be

giv

en,

(AC

N 0

71 4

07 0

04)

mad

e’. I

t is

con

tend

ed t

hat

the

un

less

ent

itled

in la

w t

o d

o so

. The

w

ord

s ‘n

o re

fund

will

be

mad

e’ is

co

mp

any

will

ens

ure

all n

ew s

ales

sta

ff ar

e m

isle

adin

g t

o co

nsum

ers.

giv

en a

doc

umen

t, a

t th

e tim

e th

ey

rece

ive

an a

ckno

wle

dg

men

t of

em

plo

ymen

t, t

hat

outli

nes

the

corr

ect

advi

ce t

o b

e g

iven

to

cons

umer

s.

6 N

ov 0

1TF

T N

omin

ees

Pty

Ltd

EA

A16

(4)

The

corp

orat

ion

and

its

Offi

cer

in

To c

omp

ly w

ith t

he r

equi

rem

ents

in

and

of H

awth

orn

35(6

)Ef

fect

ive

Con

trol

faile

d t

o si

ght

a

rela

tion

to t

he a

pp

oint

men

t of

an

18 N

ov 0

1(A

CN

005

328

665

) 63

(1)

cert

ifica

te fr

om t

he C

hief

Com

mis

sion

er

agen

t’s r

epre

sent

ativ

e an

d t

o ac

cura

tely

an

d W

illia

m B

ruce

EA

(GA

A)

25of

Pol

ice,

or

take

rea

sona

ble

ste

ps

to

mai

ntai

n al

l acc

ount

ing

and

bus

ines

s M

acle

an o

f Haw

thor

nRe

gs

35(1

)en

sure

tha

t a

per

son

was

elig

ible

to

be

reco

rds.

36an

ag

ent’s

rep

rese

ntat

ive,

or

notif

y th

e 46

(1)

BLA

of t

he c

essa

tion

of e

mp

loym

ent

of

the

per

son.

The

cor

por

atio

n al

so fa

iled

to

mai

ntai

n fu

ll an

d a

ccur

ate

acco

untin

g

reco

rds,

and

mai

ntai

n th

e re

cord

s of

th

e sa

lary

, wag

e or

com

mis

sion

pai

d

to e

mp

loye

es.

a3.0

83

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

12 N

ov 0

1N

eil K

err

EAA

55Fa

ilure

of t

he O

ffice

r in

Effe

ctiv

e C

ontr

ol

To c

omp

ly w

ith t

he r

equi

rem

ents

of t

he

of C

obra

mto

ob

tain

the

per

mis

sion

of t

he D

irect

or

Act

in fu

ture

if a

n em

plo

yee

or p

rohi

bite

d

for

an e

mp

loye

e to

pur

chas

e a

pro

per

ty

per

son

wis

hes

to p

urch

ase

a p

rop

erty

.th

e re

al e

stat

e ag

ency

had

bee

n co

mm

issi

oned

to

sell.

14 N

ov 0

1A

-Mar

k Pu

blis

hing

FA

A17

ATh

e co

mp

any

has

cond

ucte

d a

n To

com

ply

with

the

req

uire

men

ts o

f the

A

ustr

alia

Pty

Ltd

FTA

12(n

)un

auth

oris

ed fu

ndra

isin

g a

pp

eal a

ndA

cts

if th

e co

mp

any

cond

ucts

a fu

ture

(A

CN

086

914

347

)m

ade

rep

rese

ntat

ions

tha

t w

ere

fals

e,

fund

rais

ing

ap

pea

l.tr

adin

g a

s A

cad

emy

mis

lead

ing

and

dec

eptiv

e.

Pub

lishi

ng a

nd A

cad

emy

Scho

ol B

ooks

of B

risb

ane;

and

Pet

er D

avid

Col

lins

of C

hris

tchu

rch,

NZ

and

C

hris

top

her

Eng

lish

of R

and

wic

k, N

SW

20 N

ov 0

1Ja

rrod

Mat

hew

Kan

izay

EA

A4

Purp

orte

d t

o b

e an

ind

epen

den

t To

und

erta

ke n

ot t

o ac

t as

an

esta

te a

gen

t of

Brig

hton

12(1

)(a)

pro

per

ty a

dvo

cate

whi

lst

not

licen

sed

un

less

lice

nsed

to

do

so a

nd t

o ce

ase

BN

A5

to b

e an

est

ate

agen

t an

d d

istr

ibut

ing

us

ing

a b

usin

ess

nam

e un

less

it is

a

bus

ines

s ca

rd w

hich

incl

uded

tw

o re

gis

tere

d.

non-

reg

iste

red

bus

ines

s na

mes

.

22 N

ov 0

1Sp

iteri

Aut

os P

ty L

td

MC

TA

22A

dve

rtis

ed c

ars

for

sale

with

out

To c

omp

ly w

ith t

he r

egul

atio

ns.

of C

arru

m D

owns

Reg

sin

clud

ing

the

Lic

ense

d M

otor

Car

(A

CN

084

339

391

)Tr

ader

num

ber

in t

he a

dve

rtis

emen

t.

22 N

ov 0

1St

arlig

ht C

hild

ren’

s FA

A17

AFa

ilure

to

lod

ge

a no

tice

of in

tent

ion

To c

omp

ly w

ith s

ectio

n 17

A o

f the

Act

.Fo

und

atio

n A

ustr

alia

to c

ond

uct

a fu

ndra

isin

g a

pp

eal a

nd

of S

t Le

onar

ds,

NSW

cond

uctin

g a

n un

auth

oris

ed a

pp

eal

(AC

N 0

03 6

27 1

83)

on 1

1 M

ay 2

001.

23 N

ov 0

1B

road

Arr

ow H

old

ing

s EA

A59

Failu

re t

o d

epos

it a

cheq

ue in

to t

he

To c

omp

ly w

ith t

he A

ct.

Pty

Ltd

of P

atte

rson

Lak

estr

ust

acco

unt

with

in t

he p

resc

ribed

tim

e.(A

CN

005

590

189

)

a3.0

84

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

26 N

ov 0

1Lu

ke P

atric

k G

ogg

in

EAA

55Fa

ilure

of t

he O

ffice

r in

Effe

ctiv

e C

ontr

ol

To c

omp

ly w

ith t

he A

ct.

of B

end

igo

to o

bta

in t

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is o

wn

beh

alf o

r on

beh

alf o

f any

of

Low

er T

emp

lest

owe

othe

r p

erso

n in

bre

ach

of t

he A

ct.

a3.0

89

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

15 F

eb 0

2So

helia

Alin

ejad

M

CTA

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nlic

ense

d m

otor

car

tra

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g.

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ain

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sel

ling

or

offe

ring

mot

or c

ars

of D

onca

ster

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

ot

her

per

son

in b

reac

h of

the

Act

.

17 F

eb 0

2Jo

hn J

acks

on

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

.Re

frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s of

Dan

den

ong

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

ot

her

per

son

in b

reac

h of

the

Act

.

18 F

eb 0

2Jo

hn O

uld

Who

lesa

le

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

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frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s Pt

y Lt

d o

f Orm

ond

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

(A

CN

004

931

015

)ot

her

per

son

in b

reac

h of

the

Act

.

18 F

eb 0

2Pe

nins

ula

Pres

tige

Car

s M

CTA

22

Ad

vert

ised

car

s fo

r sa

le w

ithou

t To

com

ply

with

the

Reg

ulat

ions

.Pt

y Lt

d o

f Fra

nkst

onRe

gs

incl

udin

g t

he le

tter

s LM

CT

and

the

(A

CN

006

261

329

)lic

ence

num

ber

.

18 F

eb 0

2M

ark

Whi

te

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

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frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s of

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nkst

onon

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ow

n b

ehal

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on b

ehal

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othe

r p

erso

n in

bre

ach

of t

he A

ct.

20 F

eb 0

2Jo

hn P

asco

e M

otor

s M

CTA

22

Ad

vert

ised

car

s fo

r sa

le w

ithou

t To

com

ply

with

the

Reg

ulat

ions

.Pt

y Lt

d o

f Ric

hmon

dRe

gs

incl

udin

g t

he le

tter

s LM

CT

and

the

(A

CN

004

943

104

)lic

ence

num

ber

.

20 F

eb 0

2Pa

ul G

ibso

n M

CTA

7U

nlic

ense

d m

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tra

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g.

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ain

from

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ling

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offe

ring

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ars

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aid

ston

eon

his

ow

n b

ehal

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on b

ehal

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othe

r p

erso

n in

bre

ach

of t

he A

ct.

22 F

eb 0

2A

llen

Cla

rke

Mot

ors

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

.Re

frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s Pt

y Lt

d o

f Cob

urg

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

(A

CN

005

537

539

)ot

her

per

son

in b

reac

h of

the

Act

.

a3.0

90

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

25 F

eb 0

2H

ocki

ng S

tuar

t

EAA

47Th

e co

rpor

atio

n an

d it

s O

ffice

r in

To

com

ply

with

the

req

uire

men

ts in

(O

akle

igh)

Pty

Ltd

63Ef

fect

ive

Con

trol

faile

d t

o si

ght

a

rela

tion

to t

he a

pp

oint

men

t of

an

agen

t’s

(AC

N 0

95 7

05 9

63)

cert

ifica

te fr

om t

he C

hief

Com

mis

sion

er

rep

rese

ntat

ive

and

to

bal

ance

the

an

d R

ita Z

oum

bou

lisof

Pol

ice

or r

ecei

ve a

writ

ten

notic

e fr

om

acco

unts

at

the

end

of e

ach

mon

th.

of O

akle

igh

the

BLA

tha

t 7

peo

ple

wer

e el

igib

le t

o b

e an

ag

ent’s

rep

rese

ntat

ive.

The

ag

ent

also

faile

d t

o ke

ep a

tru

st r

econ

cilia

tion

stat

emen

t fo

r 7

mon

ths

of t

he

Resi

den

tial T

enan

cy T

rust

Acc

ount

.

26 F

eb 0

2Pr

adee

p W

alliw

ala

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

.Re

frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s of

Airp

ort

Wes

ton

his

ow

n b

ehal

f or

on b

ehal

f of a

ny

othe

r p

erso

n in

bre

ach

of t

he A

ct.

27 F

eb 0

2Le

onar

d B

arke

r an

d

FTA

12M

ade

a fa

lse

and

mis

lead

ing

C

ease

con

duc

t.Sc

ott

Bar

ker

29re

pre

sent

atio

n in

rel

atio

n to

the

of

Bal

lara

tne

ed fo

r g

ood

s, n

amel

y g

as m

asks

, in

pre

par

atio

n fo

r W

orld

War

3 a

nd

bio

-ter

roris

t at

tack

s, a

nd d

id n

ot in

clud

e th

e na

me

and

full

add

ress

of t

he

bus

ines

s or

res

iden

ce.

27 F

eb 0

2C

orp

Pty

Ltd

M

CTA

7U

nlic

ense

d m

otor

car

tra

din

g.

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ain

from

sel

ling

or

offe

ring

mot

or c

ars

of N

orth

Bal

wyn

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

(A

CN

078

695

860

)ot

her

per

son

in b

reac

h of

the

Act

.

4 M

ar 0

2M

ary

Chr

istin

e C

rook

M

CTA

7U

nlic

ense

d m

otor

car

tra

din

g.

Refr

ain

from

sel

ling

or

offe

ring

mot

or c

ars

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ilmor

eon

her

ow

n b

ehal

f or

on b

ehal

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ny

othe

r p

erso

n in

bre

ach

of t

he A

ct.

5 M

ar 0

2B

arry

Bea

cham

M

CTA

7U

nlic

ense

d m

otor

car

tra

din

g.

Refr

ain

from

sel

ling

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offe

ring

mot

or c

ars

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rank

ston

on h

is o

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beh

alf o

r on

beh

alf o

f any

ot

her

per

son

in b

reac

h of

the

Act

.

a3.0

91

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

5 M

ar 0

2Th

omas

Gor

don

Bro

wn

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

.Re

frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s of

Bru

nsw

ick

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

ot

her

per

son

in b

reac

h of

the

Act

.

7 M

ar 0

2To

wns

end

Coa

dy

EAA

63(1

)Fa

ilure

to

mai

ntai

n fu

ll an

d a

ccur

ate

To c

omp

ly w

ith r

equi

rem

ents

.Pt

y Lt

d70

(1)

acco

untin

g r

ecor

ds.

Fai

lure

to

reco

ncile

(AC

N 0

06 5

05 5

95)

EAA

(GA

A)2

3ea

ch m

onth

the

Res

iden

tial T

enan

cy

and

Ed

war

d T

owns

end

Reg

s25

Trus

t A

ccou

nt; f

ailu

re t

o us

e ac

cura

te

Coa

dy

of A

rmad

ale

27tr

ust

rece

ipts

and

failu

re t

o ke

ep a

ll 35

of t

rust

acc

ount

and

rel

ated

rec

ord

s36

at p

rinci

pal

offi

ce.

7 M

ar 0

2Ja

son

Zhou

RT

A96

As

a ro

omin

g h

ouse

ow

ner,

dem

and

ed

To c

omp

ly w

ith t

he A

ct.

of C

arne

gie

97an

d a

ccep

ted

a b

ond

whi

ch e

xcee

ded

99

the

amou

nt o

f ren

t p

ayab

le; f

aile

d t

o 12

5g

ive

the

resi

den

t co

nditi

on r

epor

ts;

405

req

uire

d r

ent

to b

e p

aid

mor

e th

an

406

14 d

ays

in a

dva

nce;

faile

d t

o p

rovi

de

cont

act

det

ails

; and

faile

d t

o lo

dg

e a

bon

d a

nd b

ond

lod

gem

ent

form

w

ith t

he R

TBA

.

12 M

ar 0

2Jo

vam

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roh

RTA

405

Faile

d t

o lo

dg

e a

bon

d w

ith t

he R

TBA

.To

com

ply

with

the

req

uire

men

ts o

f the

of

Bul

leen

406

Act

to

lod

ge

the

bon

d a

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ond

lo

dg

emen

t fo

rm w

ith t

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with

in 5

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usin

ess

day

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eivi

ng t

he b

ond

.

14 M

ar 0

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a B

alog

h RT

A31

As

a la

ndlo

rd, d

eman

ded

and

acc

epte

d

To c

omp

ly w

ith t

he A

ct.

of H

eath

mon

t35

a b

ond

whi

ch e

xcee

ded

the

am

ount

of

66re

nt p

ayab

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aile

d t

o g

ive

the

tena

nt

405

cond

ition

rep

orts

; fai

led

to

giv

e th

e 40

6te

nant

s a

writ

ten

stat

emen

t of

rig

hts

and

dut

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faile

d t

o lo

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e a

bon

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dg

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t fo

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ith t

he R

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.

a3.0

92

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

14 M

ar 0

2D

risco

ll, M

cIlre

e an

d

EAA

16(4

)Th

e co

rpor

atio

n an

d it

s O

ffice

r in

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com

ply

with

the

req

uire

men

ts in

D

icks

on P

ty L

tdEf

fect

ive

Con

trol

faile

d t

o si

ght

a

rela

tion

to t

he a

pp

oint

men

t of

ag

ent’s

(A

CN

064

827

041

) ce

rtifi

cate

from

the

Chi

ef C

omm

issi

oner

re

pre

sent

ativ

es.

and

Gar

y Le

e D

risco

ll of

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ice

or t

ake

reas

onab

le s

tep

s to

of

Nhi

llen

sure

tha

t tw

o p

eop

le w

ere

elig

ible

to

be

agen

t’s r

epre

sent

ativ

es.

25 M

ar 0

2N

atio

nal M

otor

Dea

lers

M

CTA

7U

nlic

ense

d m

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car

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ain

from

sel

ling

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offe

ring

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Net

wor

k Pt

y Lt

don

his

ow

n b

ehal

f or

on b

ehal

f of a

ny

(AC

N 0

08 2

79 1

81)

othe

r p

erso

n in

bre

ach

of t

he A

ct.

of M

alve

rn E

ast

27 M

ar 0

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char

d’s

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ate

EAA

16(4

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e co

rpor

atio

n an

d it

s O

ffice

r in

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com

ply

with

the

req

uire

men

ts in

Pt

y Lt

d63

(1)

Effe

ctiv

e C

ontr

ol fa

iled

to

sig

ht a

re

latio

n to

the

ap

poi

ntm

ent

of a

n (A

CN

007

190

409

)ce

rtifi

cate

from

the

Chi

ef C

omm

issi

oner

ag

ent’s

rep

rese

ntat

ive

and

to

accu

rate

ly

and

Joh

n W

ayne

Qui

ckof

Pol

ice

or t

ake

reas

onab

le s

tep

s to

m

aint

ain

all a

ccou

ntin

g a

nd b

usin

ess

of B

alla

rat

ensu

re t

hat

a p

erso

n w

as e

ligib

le t

o b

e re

cord

s.an

ag

ent’s

rep

rese

ntat

ive.

The

co

rpor

atio

n al

so fa

iled

to

mai

ntai

n fu

ll an

d a

ccur

ate

acco

untin

g r

ecor

ds.

2 A

pr

02N

uran

Gun

gor

M

CTA

7U

nlic

ense

d m

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car

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din

g.

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ain

from

sel

ling

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ring

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hep

par

ton

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

ot

her

per

son

in b

reac

h of

the

Act

.

3 A

pr

02H

MH

Pty

Ltd

tra

din

g

EAA

16(4

)Th

e co

rpor

atio

n an

d it

s O

ffice

r in

To

com

ply

with

the

req

uire

men

ts in

as

LJ

Hoo

ker

Effe

ctiv

e C

ontr

ol fa

iled

to

sig

ht a

re

latio

n to

the

ap

poi

ntm

ent

of

Tulla

mar

ine

cert

ifica

te fr

om t

he C

hief

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mis

sion

er

agen

t’s r

epre

sent

ativ

es.

(AC

N 0

66 9

81 0

11)

of P

olic

e or

tak

e re

ason

able

ste

ps

to

and

Hen

ry M

icha

el

ensu

re t

hat

thre

e p

eop

le w

ere

elig

ible

H

ajd

uk o

f Tul

lam

arin

eto

be

agen

t’s r

epre

sent

ativ

es.

5 A

pr

02Fr

itz W

arsc

haue

r M

CTA

7U

nlic

ense

d m

otor

car

tra

din

g.

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ain

from

sel

ling

or

offe

ring

mot

or c

ars

of T

oora

kon

his

ow

n b

ehal

f or

on b

ehal

f of a

ny

othe

r p

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n in

bre

ach

of t

he A

ct.

a3.0

93

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

7 A

pr

02Ji

ll El

izab

eth

Ray

EAA

12(2

)(A)

Failu

re t

o ho

ld a

n es

tate

ag

ent’s

To

cea

se a

ctin

g a

s an

est

ate

agen

t un

less

of

Cra

nbou

rne

Nor

thlic

ence

whi

lst

carr

ying

on

the

bus

ines

s th

e co

rpor

atio

n is

lice

nsed

.of

Aus

twid

e B

usin

ess

Bro

kers

.

8 A

pr

02C

reek

Par

k Pt

y Lt

d

EAA

16(4

)Th

e co

rpor

atio

n an

d it

s O

ffice

r in

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com

ply

with

the

req

uire

men

ts in

tr

adin

g a

s St

ockd

ale

63(1

)Ef

fect

ive

Con

trol

faile

d t

o si

ght

a

rela

tion

to t

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pp

oint

men

t of

an

agen

t’s

and

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go

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ce

rtifi

cate

from

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Chi

ef C

omm

issi

oner

re

pre

sent

ativ

e an

d t

o ac

cura

tely

mai

ntai

n Es

tate

Bal

lara

tof

Pol

ice

or t

ake

reas

onab

le s

tep

s to

al

l acc

ount

ing

and

bus

ines

s re

cord

s.(A

CN

076

712

620

) en

sure

tha

t a

per

son

was

elig

ible

to

and

Joh

n M

icha

el

be

an a

gen

t’s r

epre

sent

ativ

e. T

he

McM

ahon

C

orp

orat

ion

also

faile

d t

o m

aint

ain

full

of B

alla

rat

and

acc

urat

e ac

coun

ting

rec

ord

s, a

nd

inco

rrec

tly b

anke

d r

ent

trus

t d

epos

its.

8 A

pr

02H

ugh

J W

hite

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CTA

7U

nlic

ense

d m

otor

car

tra

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g.

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ain

from

sel

ling

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offe

ring

mot

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ars

of F

itzro

y N

orth

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

ot

her

per

son

in b

reac

h of

the

Act

.

10 A

pr

02G

eorg

e Va

le

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

.Re

frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

sof

Elth

am N

orth

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

ot

her

per

son

in b

reac

h of

the

Act

.

10 A

pr

02M

onito

r Pu

blis

hing

FT

A27

The

com

pan

y ha

d n

ot o

bta

ined

writ

ten

The

com

pan

y un

der

took

not

to

seek

Pt

y Lt

d

auth

oris

atio

n fo

r p

laci

ng a

n p

aym

ent

in t

he fu

ture

with

out

obta

inin

g

of R

and

wic

k, N

SW

adve

rtis

emen

t in

the

Crim

e Pr

even

tion

writ

ten

auth

oris

atio

n fr

om a

n ad

vert

iser

.(A

CN

079

659

251

)Re

view

prio

r to

see

king

pay

men

t fo

r th

e ad

vert

isem

ent.

18 A

pr

02C

heq

uere

d F

lag

Mot

ors

MC

TA

22A

dve

rtis

ed c

ars

for

sale

with

out

incl

udin

g

To c

omp

ly w

ith t

he R

egul

atio

ns.

Pty

Ltd

of D

onca

ster

Reg

sth

e le

tter

s LM

CT

follo

wed

by

its

(AC

N 0

07 0

47 3

05)

licen

ce n

umb

er.

a3.0

94

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

22 A

pr

02Sh

amou

n (S

imon

) Kho

uri

EAA

16(2

)A

cted

as

an a

gen

t’s r

epre

sent

ativ

e w

hils

t W

ill n

ot a

ct a

s an

ag

ent’s

rep

rese

ntat

ive

of L

aver

ton

inel

igib

le t

o ac

t, a

s he

had

with

in t

he la

st

unle

ss h

e is

elig

ible

to

be

emp

loye

d a

s 10

yea

rs p

rove

n of

fenc

es a

gai

nst

him

on

e.in

volv

ing

vio

lenc

e an

d d

isho

nest

y w

hich

w

ere

pun

isha

ble

by

imp

rison

men

t fo

r 3

mon

ths

or m

ore.

22 A

pr

02Jo

hn K

onte

k Re

al

EAA

16(4

)Th

e co

rpor

atio

n an

d it

s O

ffice

r in

To

com

ply

with

the

req

uire

men

ts in

Es

tate

Pty

Ltd

Effe

ctiv

e C

ontr

ol fa

iled

to

sig

ht a

re

latio

n to

the

ap

poi

ntm

ent

of a

n (A

CN

050

989

878

) ce

rtifi

cate

from

the

Chi

ef C

omm

issi

oner

ag

ent’s

rep

rese

ntat

ive.

and

Nat

alie

Kon

tek

of P

olic

e or

tak

e re

ason

able

ste

ps

to

of S

unsh

ine

ensu

re t

hat

a p

erso

n w

as e

ligib

le t

o b

e an

ag

ent’s

rep

rese

ntat

ive.

23 A

pr

02N

ick

Laur

ia

RTA

405

Failu

re t

o lo

dg

e a

bon

d w

ith t

he R

TBA

.To

com

ply

with

the

req

uire

men

ts o

f the

of

Faw

kner

406

Act

to

lod

ge

the

bon

d a

nd b

ond

lo

dg

emen

t fo

rm w

ith t

he R

TBA

with

in 5

b

usin

ess

day

s of

rec

eivi

ng t

he b

ond

.

24 A

pr

02B

rett

Ste

vens

EA

A55

Failu

re o

f the

Offi

cer

in E

ffect

ive

To c

omp

ly w

ith t

he r

equi

rem

ents

of t

heof

Ech

uca

Con

trol

to

obta

in p

erm

issi

on o

f the

A

ct in

futu

re if

an

emp

loye

e or

pro

hib

ited

Dire

ctor

for

a p

rohi

bite

d p

erso

n to

p

erso

n w

ishe

s to

pur

chas

e a

pro

per

ty.

pur

chas

e a

pro

per

ty t

he r

eal e

stat

e ag

ency

had

bee

n co

mm

issi

oned

to

sell.

25 A

pr

02Ja

son

Mol

oney

RT

A31

The

land

lord

dem

and

ed a

nd a

ccep

ted

To

com

ply

with

the

Act

.of

Foo

tscr

ay40

5a

bon

d w

hich

exc

eed

ed t

he a

mou

nt o

f 40

6re

nt p

ayab

le a

nd fa

iled

to

lod

ge

with

th

e RT

BA

, tha

t p

art

of t

he b

ond

whi

ch

excl

uded

the

am

ount

of r

ent

pai

d.

a3.0

95

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

2 M

ay 0

2Ro

ber

t K

eith

Mor

rison

RT

A35

The

land

lord

faile

d t

o p

rovi

de

cop

ies

To c

omp

ly w

ith s

ectio

ns 3

5, 6

6, 4

05 a

nd

of M

ooro

olb

ark

66of

the

con

diti

on r

epor

t to

the

ten

ant;

40

6 of

the

Act

.40

5an

d p

rovi

de

a w

ritte

n st

atem

ent

of

406

right

s d

utie

s; c

omp

lete

a s

igne

d b

ond

lo

dg

emen

t fo

rm; a

nd lo

dg

e th

e b

ond

w

ith t

he R

TBA

.

2 M

ay 0

2C

lem

ents

& R

oman

o EA

A59

(1)(b

)Fa

ilure

to

obta

in w

ritte

n au

thor

ity fr

om

The

cond

uct

will

not

be

rep

eate

d.

Pty

Ltd

tra

din

g a

s 42

(2)

the

pur

chas

er t

o re

leas

e d

epos

it m

onie

s Ra

ine

& H

orne

Gle

nroy

from

the

tru

st a

ccou

nt a

nd o

bta

in

(AC

N 0

86 0

88 3

24)

com

mis

sion

; fai

lure

to

obta

in a

utho

rity

and

Ant

hony

Rom

ano

to e

rect

an

auct

ion

boa

rd o

n a

pro

per

ty;

and

fals

ely

rep

rese

nted

tha

t th

ey h

ad a

p

artic

ular

pro

per

ty fo

r sa

le.

3 M

ay 0

2H

ayd

en R

eal E

stat

e EA

A55

Failu

re o

f the

Offi

cer

in E

ffect

ive

Con

trol

To

com

ply

with

the

req

uire

men

ts o

f the

(G

eelo

ng) P

ty L

tdto

ob

tain

per

mis

sion

of t

he D

irect

or fo

r

Act

in fu

ture

if a

n em

plo

yee

or p

rohi

bite

d

(AC

N 0

90 0

21 0

33)

a p

rohi

bite

d p

erso

n to

pur

chas

e a

per

son

wis

hes

to p

urch

ase

a p

rop

erty

.p

rop

erty

the

rea

l est

ate

agen

cy h

ad

bee

n co

mm

issi

oned

to

sell.

10 M

ay 0

2A

last

air

Rave

n M

CTA

7U

nlic

ense

d m

otor

car

tra

din

g.

Refr

ain

from

sel

ling

or

offe

ring

mot

or c

ars

of D

onca

ster

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

ot

her

per

son

in b

reac

h of

the

Act

.

13 M

ay 0

2Ro

dne

y G

eorg

e EA

A16

(2)

Con

tinue

d t

o ac

t as

an

agen

t’s

Will

not

act

as

an a

gen

t’s r

epre

sent

ativ

e Si

mm

ons

of M

ill P

ark

EAA

(GA

A) 1

3(2)

(a)

rep

rese

ntat

ive

whi

lst

inso

lven

t un

der

w

hils

t in

elig

ible

to

do

so.

Reg

s13

(3)

adm

inis

trat

ion;

and

faile

d t

o no

tify

his

emp

loye

r an

d t

he B

LA o

f his

inso

lven

cy.

a3.0

96

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

15 M

ay 0

2Ra

ymon

d M

iller

FA

A62

Prov

isio

n of

fals

e in

form

atio

n to

the

Th

e fu

ndra

isin

g a

pp

eal h

as b

een

stop

ped

. of

Car

rum

Dow

ns29

Dire

ctor

in a

not

ice

to fu

ndra

ise;

failu

re

He

will

not

for

a p

erio

d o

f fiv

e ye

ars

act

in

27(2

)(c)

to k

eep

acc

urat

e re

cord

s; fa

ilure

to

a p

ositi

on r

esp

onsi

ble

for

the

finan

cial

or

25(1

)(b)

com

ply

with

the

req

uire

men

t fo

r tw

o

man

ager

ial f

unct

ions

or

oper

ate

a b

ank

sig

nato

ries

for

the

ban

k ac

coun

t; a

nd

acco

unt

for

a fu

ndra

isin

g a

pp

eal.

com

men

cing

a fu

ndra

isin

g a

pp

eal

prio

r to

not

ifica

tion.

18 M

ay 0

2A

rthu

r A

lfred

Law

EA

A59

(1)

The

agen

t fa

iled

to

com

pile

and

kee

p

The

agen

t is

no

long

er c

arry

ing

on

of B

runs

wic

k Ea

stEA

A(G

AA

) 63(

1)tr

ust

acco

unt

reco

ncili

atio

ns, a

nd d

rew

b

usin

ess

as a

n es

tate

ag

ent.

Reg

s35

(1)

com

mis

sion

with

out

entit

lem

ent

prio

r 36

to t

he s

ettle

men

t of

pro

per

ties.

24 M

ay 0

2W

atts

Eag

le S

ervi

ces

FTA

11Th

e co

mp

any

actin

g a

s a

finan

ce b

roke

r C

omp

ly w

ith t

he r

equi

rem

ents

of t

he A

cts

Pty

Ltd

of F

rank

ston

11(a

)p

rep

ared

and

sub

mitt

ed a

hou

sing

loan

an

d w

ith s

ectio

n 14

4 of

the

Con

sum

er

(AC

N 0

63 5

87 9

68)

12ap

plic

atio

n w

hich

con

tain

ed m

ater

ial

Cre

dit

(Vic

toria

) Cod

e.an

d R

oy A

llen

Wat

ts

CC

(V)C

144(

1)w

hich

was

not

fact

ual o

r w

as

and

Joh

n H

enry

Wal

ker

CC

(V)A

37m

isre

pre

sent

ed; t

he c

onsu

mer

was

of

Elth

amin

duc

ed in

to e

nter

ing

into

a c

ontr

act

to

pur

chas

e a

hous

e w

ithou

t an

y d

epos

it.

28 M

ay 0

2Tr

ent

Scot

tFA

A7

Con

duc

ting

an

unau

thor

ised

fund

rais

ing

C

ease

tra

din

g a

s Sc

ott’s

Num

ber

ing

and

17

Aap

pea

l by

offe

ring

to

pai

nt h

ouse

no

t m

ake

rep

rese

ntat

ions

in r

elat

ion

to

BN

A5

num

ber

s on

the

str

eet

curb

for

a fe

e,

don

atio

ns t

o a

char

ity u

nles

s of

whi

ch it

was

ass

erte

d p

art

pay

men

t re

gis

tere

d a

s a

fund

rais

er.

was

bei

ng d

onat

ed t

o th

e M

elb

ourn

e A

mb

ulan

ce S

ervi

ce o

r em

erg

ency

se

rvic

e. T

rad

ing

und

er a

bus

ines

s na

me

that

was

not

reg

iste

red

.

28 M

ay 0

2B

rad

Car

ter

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

.Re

frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s of

Par

kdal

eon

his

ow

n b

ehal

f or

on b

ehal

f of a

ny

othe

r p

erso

n in

bre

ach

of t

he A

ct.

a3.0

97

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

3 Ju

n 02

Bra

nisl

ava

Cow

ie a

nd

FTA

12(e

)A

dve

rtis

ing

tha

t th

e co

mp

any

was

a

To c

omp

ly w

ith t

he A

ct a

nd R

egul

atio

ns.

Cow

ies

Real

Est

ate

EAA

(PC

)6

‘Jen

man

End

orse

d A

gen

t’ w

hen

it w

as

Pty

Ltd

of F

rank

ston

Reg

s7

not;

ind

ucin

g v

end

ors

to s

ign

an

(AC

N 0

74 6

99 4

33)

11ex

clus

ive

sale

aut

horit

y w

here

one

20

alre

ady

exis

ted

; and

enc

oura

gin

g t

he

21ve

ndor

s to

ad

vise

an

agen

t th

at t

he

pro

per

ty h

ad b

een

with

dra

wn

from

th

e m

arke

t.

3 Ju

n 02

Chr

isto

phe

r Ja

mes

EA

A

94(1

)Th

e ag

ent

eng

aged

in c

ond

uct

that

was

Th

e ag

ent

is n

o lo

nger

em

plo

yed

at

the

Jack

son

of A

lexa

ndra

EAA

(PC

)8

cont

rary

to

goo

d e

stat

e ag

ent

pra

ctic

e ag

ency

and

he

has

und

erta

ken

to a

cqui

re

Reg

s11

in r

elat

ion

to a

sal

e of

a p

rop

erty

his

a

wor

king

kno

wle

dg

e of

his

dut

ies

and

em

plo

yer

Eld

ers

Lim

ited

was

list

ed

oblig

atio

ns.

to s

ell.

5 Ju

n 02

Vin

cent

Ger

ard

McG

rath

FT

A12

(k)

Mad

e re

pre

sent

atio

ns in

an

adve

rtis

ing

To

com

ply

with

the

Act

and

pro

vid

e a

of M

orni

ngto

n29

(f)p

amp

hlet

tha

t ‘P

ossu

m O

il’ a

s a

pro

duc

t re

fund

to

one

cons

umer

and

rep

lace

10

was

ab

le t

o g

et r

id o

f pos

sum

s an

d w

as

Aus

tral

ian-

mad

e un

its w

ith 1

0 A

mer

ican

-su

itab

le fo

r b

oth

inte

rnal

and

ext

erna

l m

ade

units

at

no e

xpen

se t

o an

othe

r us

e; a

nd fa

ilure

to

incl

ude

the

full

cons

umer

.ad

dre

ss o

f the

bus

ines

s.

10 J

un 0

2Ra

ylen

e Sw

eet

MC

TA7

Unl

icen

sed

mot

or c

ar t

rad

ing

.Re

frai

n fr

om s

ellin

g o

r of

ferin

g m

otor

car

s of

Ben

alla

on h

er o

wn

beh

alf o

r on

beh

alf o

f any

ot

her

per

son

in b

reac

h of

the

Act

.

11 J

un 0

2K

eith

Jam

es M

orris

EA

A59

Failu

re t

o ob

tain

writ

ten

auth

ority

to

To c

omp

ly w

ith t

he A

ct.

of M

ildur

a64

with

dra

w c

omm

issi

on fr

om t

rust

acc

ount

p

rior

to s

ettle

men

t; a

nd fa

ilure

to

caus

e tr

ust

acco

unts

to

be

aud

ited

with

in 3

m

onth

s of

the

end

of t

he fi

nanc

ial y

ear.

a3.0

98

Dat

e o

fP

rom

isee

Act

Sect

ion

Bre

ach

Sum

mar

yN

atur

e o

f U

nder

taki

ngU

nder

taki

ng

12 J

un 0

2K

atrin

a D

oran

FT

A22

Part

icip

ated

in a

pyr

amid

sel

ling

sch

eme

Con

duc

t w

ill n

ot b

e re

pea

ted

in t

he

of S

trat

hmor

eca

lled

‘Nee

d t

o b

oost

you

r in

com

e’ b

y fu

ture

.se

ndin

g e

mai

ls r

eque

stin

g p

eop

le t

o se

nd h

er m

oney

and

list

the

ir ow

n na

mes

as

par

ticip

ants

of t

he s

chem

e.

14 J

un 0

2Ly

nett

e A

cton

PC

A17

(1)(b

)C

ause

d a

dve

rtis

ing

in t

he fo

rm o

f C

omp

ly w

ith t

he r

equi

rem

ents

of t

he A

ct.

of C

aulfi

eld

bus

ines

s ca

rds

that

did

not

con

tain

the

(P

CA

136

13E)

serv

ice

pro

vid

er’s

licen

ce n

umb

er.

19 J

un 0

2Si

lver

ado

Pow

er P

ty L

tdM

CTA

7U

nlic

ense

d m

otor

car

tra

din

g.

Refr

ain

from

sel

ling

or

offe

ring

mot

or c

ars

(AC

N 0

74 6

70 7

78)

on h

is o

wn

beh

alf o

r on

beh

alf o

f any

tr

adin

g a

s G

M &

GM

C

othe

r p

erso

n in

bre

ach

of t

he A

ct.

Eng

inee

ring

and

the

C

hevr

olet

Tru

ck C

entr

e of

Ham

ilton

Ab

bre

viat

ions

BA

Bui

ldin

g A

ct19

93FA

AFu

ndra

isin

g A

pp

eals

Act

1998

BLA

Bus

ines

s Li

cens

ing

Aut

horit

yF(

PM)A

Fune

rals

(Pre

-Pai

d M

oney

) Act

1993

BN

AB

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99

Contracted Agency Value of Purpose of ContractContract

Jindara Community Program Inc $206,075 Barwon Region202 Myer Street, GEELONG 3220

Anglicare Gippsland $147,801 Central Gippsland53-55 Buckley Street, MORWELL 3840

Child and Family Services Ballarat Inc $139,479 Central Highlands Region115 Lydiard Street North, BALLARAT 3350AND12 Grant Street, BACCHUS MARSH 3340

Kilmany Family Care $142,225 East Gippsland Region113 Cunningham Street, SALE 3850AND49 McCulloch Street, BAIRNSDALE 3875

Community Connections (Victoria) Ltd $176,528 Glenelg Region26 Fairy Street, WARRNAMBOOL 3280 AND33 Otway Street, PORTLAND 3305 ANDCurrawong Family Services92 Thompson Street, HAMILTON 3300

Consumer and Tenancy Advice Service Inc $186,485 Goulburn Region162 Maude Street, SHEPPARTON 3630

St Lukes Anglicare $168,869 Loddon Campaspe Region175-187 Hargreaves Street, BENDIGO 3550

Mallee Tenancy Advice Service Inc $227,136 Mallee Region1/152 Pine Avenue, MILDURA 3500AND300 Campbell Street, SWAN HILL 3585

Consumer and Tenant Advice Service $265,283 Combined North East and Northern Tenants Union of Victoria Ltd North West Region251 High Street, PRESTON 3072AND175 Glenroy Road, GLENROY 3046

Consumer Affairs Victoria’s Community Program contracts regional community-based agencies to provideinformation and education services to consumers, tenants, and landlords, and dispute resolution andadvocacy services to consumers and tenants, especially to disadvantaged members of the community. Somespecialist and state-wide service providers are also contracted.

Outsourced Regional Services, 2001–2002

Appendix 4Consumer Affairs’ Community Program

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100

Contracted Agency Value of Purpose of ContractContract

Consumer and Tenant Resource $139,479 Outer East RegionCentre Outer East IncSuite 11, 5-7 Chandler Road, BORONIA 3155

Consumer and Tenancy Advice Service Inc $166,829 Upper Murray Region110 Hume Street, WODONGA 3690AND32 Ford Street, WANGARATTA 3677

Brimbank Community Centre Inc $227,482 Western Region822 Ballarat Road, DEER PARK 3023

Springvale Community Aid & $172,713 Westernport Region LGA of Advice Bureau Inc Greater Dandenong5 Osborne Avenue, SPRINGVALE 3171

Peninsula Community Legal Centre Inc $236,790 Westernport Region LGAs of Chatsworth House Mornington Peninsula, Frankston, Suite 2-4, 431 Nepean Highway, Kingston, Casey and Cardinia.FRANKSTON 3199

Wimmera Community Care $114,524 Wimmera Region185 Baillie Street, HORSHAM 3400

Outsourced Specialist Consumer Services, 2001–2002

Contracted Agency Value of Purpose of ContractContract

Consumer Credit Legal Service $141,176 To promote and safeguard industry 1st Floor, Bank House standards that achieve a fair financial 11-19 Bank Place services market, including objections to MELBOURNE 3000 registration, class actions and selected

individuals who have been unfairly treated, particularly those who are disadvantaged and have limited access to redress.

Financial and Consumer Rights Council Inc $69,504 To resource and support consumer support Level 13, 227 Collins Street workers, represent members views to MELBOURNE 3000 Government and the community and

coordinate state-wide campaigns on key consumer issues.

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Outsourced Specialist Tenancy Services, 2001–2002

Contracted Agency Value of Purpose of ContractContract

Family Access Network $90,531 Inner East Regional Services.1030 Whitehorse RoadBOX HILL 3128

Tenants Union of Victoria Ltd $238,633 Inner Urban Regional Services.55 Johnston StreetFITZROY 3065

Housing for the Aged Action Group Inc $75,433 Provision of community education, 2nd Floor, Ross House information, advice and advocacy and 247-251 Flinders Lane support service on tenancy issues for the MELBOURNE 3000 aged as a state-wide project.

Tenants Union of Victoria Ltd $97,970 Undertaking of state-wide resourcing, and 55 Johnston Street supporting of regional tenancy advice FITZROY 3065 services, research, policy and community

education work.

Tenants Union of Victoria Ltd $137,175 Provision of rooming house resident Rooming House Service information, advice, complaint resolution 55 Johnston Street and advocacy services. Contribution to FITZROY 3065 policy development and legislative change

on rooming house issues.

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Under Section 76(3) of the Estate Agents Act 1980, the Minister for Consumer Affairs may approve grantsfrom the EAGF for six purposes:a) community education programs relating to the sale, purchase or lease of real estate or businessesb) programs that promote the ownership of real estatec) the training of estate agents and agents’ representativesd) promoting the mediation or conciliation of disputes between estate agents and the publice) reviewing or reforming the law and procedures concerning the lease or transfer of interests in landf ) projects facilitating the registration of interests in land or compilation of other information relating to the

ownership of land.

Grants considered by the Estate Agents Council and CAV, and approved by the Minister for ConsumerAffairs during 2001–2002, are detailed below.

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Appendix 5 Grants from Estate Agents’ Guarantee Fund

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Applicant Value of Grant Description of Funded ProgramApproved

Australian Stock and Station $61,740 Stock and Station Agents Professional Agents Association Development Program

Central Gippsland Institute $33,736 Gippsrealestate On-Line Projectof TAFE

Department of Human Services $229,090 Materials for Group Self-Build Program 2001–2002

Department of Human Services $333,000 Materials for Group Self-Build Program2002–2003

Department of Industry, $770,318 ‘Buying a Business’ ProgramInnovation and Regional Development

Equal Opportunity Commission $283,239 Education and information program on discrimination against migrant and refugee tenants

Habitat for Humanity Australia $4,500 Conference promoting home ownership for the poor

Credit Helpline $39,317 Contribution to funding of the operation of telephone advice service relating to credit and bankruptcy, for 12 months from February 2002

Real Estate Institute $136,642 Conduct of an information service for the of Victoria general public during 2002–2003

Total $1,891,582

All amounts are GST exclusive to reflect the net cost to the fund.

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Claims received 66Claims finalised 65Claims admitted 31Amount paid out of fund $399,657.08Total amount recovered $53,643Total amount owed $332,036.08

Total claims admitted against Motor Car Traders’ Guarantee Fund in 2001–2002 (not subject to appeal against decision to admit).

Appendix 6Claims Paid by Motor Car Traders’ Guarantee Fund

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Name of Trader Number of Claims Amount Paid Out Against the Fund

Abel Auto Wreckers Pty Ltd 2 $3,000.00

Kelvin Michael Ball 10 $148,097.76

Billrich Special Services Pty Ltd 1 $25,000.00

Conveyor Technologies Pty Ltd 1 $580.00

Cullia & Staff Car Sales Pty Ltd 1 $2,590.00

Donald Hulme & Garry Wise 2 $9,985.60

Ethels Pty Ltd 1 $944.00

John Ould Motors Pty Ltd 1 $40,000.00

Maldonfield Pty Ltd 2 $60,432.00

Kevin Barry Seamer 1 $811.00

South Gippsland Autofarm Pty Ltd 2 $34,058.13

Triple-Lee Nominees Pty Ltd 1 $5,383.30

Ward Motors Pty Ltd 2 $1,049.29

Yarramalong Court Pty Ltd 1 $105.00

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105

Consumer Affairs Victoria manages eight distinct funds established by Acts of Parliament. Two of these fundsrelate to the Residential Tenancies Bond Authority.

The authority for, and purposes of, these funds is as follows:

Appendix 7Trust Funds Managed by Consumer Affairs Victoria

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Fund Act of Parliament Source of Income Expenditure Purposes

Consumer Credit (Administration) Credit provider contributions. Grants permitted by s.86AB Credit Fund Act 1984 Interest on investments. of the Act.

Costs of Advisory Committee.

Domestic Domestic Building Building registration fees Administration of the Act.Builders Fund Contracts Act 1995 collected by the Building Tribunal costs.

Commission. Grants permitted by Income on investments. s.124(3)(d) of the Act.Tribunal fees.Fines.

Estate Agents’ Estate Agents Interest on estate agents’ Administration of the Act.Guarantee Act 1980 trust accounts. Grants permitted by s.76(3) Fund Interest on investments. of the Act.

Licensing fees. Operation of the Estate Fines. Agents Council.

Tribunal costs.Guarantee claims.

Motor Car Motor Car Traders Interest on investments. Administration of the Act.Traders’ Act 1986 Licensing fees. Guarantee claims.Guarantee Fines.Fund Recovery of claims paid.

Prostitution Prostitution Control Licensing fees. Administration of the Act.Control Fund Act 1994 Fines.

Residential Residential Tenancies Transfers from Residential Administration of the Act.Tenancies Act 1997 Bonds Investment Income Tribunal costs.Fund Account. Payments for research and

Interests on investments. education permitted by Tribunal fees. s.495 of the Act.Interest on individual bond trust accounts.

Residential Residential Tenancies Interest received from the Administration of the Bonds Act 1997 investment of the Residential Residential Tenancies Bond Investment Bonds Account, and Authority.Income Residential Bonds Investment Any amount declared as an Account Income Account. additional amount to be

added to the bond upon repayment (none yet declared).Transfers to the Residential Tenancies Fund.

Residential Residential Tenancies Bonds lodged with the Repayment of bonds.Bonds Account Act 1997 Residential Tenancies

Bond Authority.

Refer to Key Financial Information table for additional information.

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Revenue Appropriations Motor Car Estateto the & Special Traders’ Agents’Consolidated Appropriations Guarantee GuaranteeFund Fund Fund

CAV RevenueFees 8,242,375 - 2,162,487 1,198,685Fines 44,771 - 40,880 5,859Sales of goods and services 587,997 - - -Appropriations from the

Consolidated Fund - 14,359,318 - -Investment income - - 81,916 7,274,707Interest from external trust accounts - - - 24,339,150Recovery of claims paid - - 117,226 -Other income 73,977 - 4,018 331,785Transfer from RTBA - - - -Consumer Utilities Advocacy - 270,000 - -

Centre fundingDomestic Building funding - - - -Travel Compensation Fund funding - 1,250,000 - -Total CAV Revenue 8,949,120 15,879,318 2,406,527 33,150,186

VCAT fees - - - -Total Revenue 8,949,120 15,879,318 2,406,527 33,150,186

CAV ExpenditureEmployee costs - 8,261,673 1,055,347 2,145,225Community Agency funding - 926,676 143,635 -Grants from Estate Agents’ - - - 5,571,843

Guarantee FundOther grants - 19,000 - -Claims on Guarantee Funds - - 407,692 327,675Outsourcing of registry services - - - -Other CAV operating costs - 5,143,499 419,524 2,966,777Consumer Utilities Advocacy - 270,000 - -

Centre paymentTravel Compensation Fund contribution - 1,258,470 - -Total CAV Expenditure - 15,879,318 2,026,198 11,011,520

VCAT Employee Costs - - - -Other VCAT Operating Costs - - - -Total Expenditure - 15,879,318 2,026,198 11,011,520

Transfer to Consolidated Fund 8,949,120 - - -

Surplus / (Deficit) - - 380,329 22,138,666

Trust Funds Closing Equity na na 1,751,317 147,926,967

Appendix 8Consumer Affairs VictoriaKey Financial Indicators 2001–2002

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Notes:1. The information in this table has been drawn from the data supporting the Audited Financial

Statements of the Department of Justice, but is not itself an audited financial statement.

2. Values shown for the Residential Tenancies Bond Authority relate solely to the Residential Bonds Income Investment Account. A further $239.4 million is held in the Residential Bonds Account representing bonds held on trust for landlords and tenants.

107

Residential Residential Consumer Prostitution Domestic TOTAL FROM GRAND Tenancies Tenancies Credit Control Builders TRUST FUNDS TOTALFund Bond Fund Fund Fund

Authority

- - - 255,483 - 3,616,655 11,859,0301,000 - 200 13,153 1,300 62,392 107,163

- - - - - - 587,997

- - - - - - 14,359,318775,786 10,538,923 67,577 18,583 32,187 18,789,679 18,789,679543,830 - - - - 24,882,980 24,882,980

- - - - - 117,226 117,226- - - 32,000 - 367,803 441,780

7,800,000 (7,800,000) - - - - -- - - - - - 270,000

- - - - 2,128,941 2,128,941 2,128,941- - - - - - 1,250,000

9,120,616 2,738,923 67,777 319,219 2,162,428 49,965,676 74,794,114

1,664,906 - - - 284,450 1,949,356 1,949,35610,785,522 2,738,923 67,777 319,219 2,446,878 51,915,032 76,743,470

2,224,988 528,067 - 394,257 387,762 6,735,646 14,997,3192,431,248 - - - 75,545 2,650,428 3,577,104

- - - - - 5,571,843 5,571,843

- - 163,903 - - 163,903 182,903- - - - - 735,367 735,367- 1,920,143 - - - 1,920,143 1,920,143

1,167,751 490,607 - 106,272 200,257 5,351,188 10,494,687- - - - - - 270,000

- - - - - - 1,258,4705,823,987 2,938,817 163,903 500,529 663,564 23,128,518 39,007,836

4,892,956 - - - 960,124 5,853,080 5,853,0801,643,581 - - - 536,654 2,180,235 2,180,23512,360,524 2,938,817 163,903 500,529 2,160,342 31,161,833 47,041,151

- - - - - - 8,949,120

(1,575,002) (199,894) (96,126) (181,310) 286,536 20,753,199 20,753,199

17,648,246 774,040 1,480,643 222,599 1,128,941 170,932,753 170,932,753

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Acts of Parliament assigned to the Minister for Consumer Affairs as at 30 June 2002

1. Associations Incorporation Act 19812. Auction Sales Act 19583. Business Licensing Authority Act 1998 4. Business Names Act 19625. Carriers and Innkeepers Act 19586. Chattel Securities Act 1987 (Except Part 3 which is administered by the Minister for Transport)7. Collusive Practices Act 19658. Companies (Administration) Act 19819. Consumer Credit (Victoria) Act 1995

10. Co-operatives Act 199611. Credit Act 198412. Credit (Administration) Act 198413. Credit Reporting Act 197814. Defence Reserves Re-employment Act 199515. Discharged Servicemen’s Preference Act 194316. Disposal of Uncollected Goods Act 196117. Domestic Building Contracts Act 1995 (Except Part 5 which is administered by the Attorney-General)18. Estate Agents Act 198019. Fair Trading Act 1999 20. Frustrated Contracts Act 195921. Fuel Prices Regulation Act 198122. Fundraising Appeals Act 199823. Funerals (Pre-Paid Money) Act 199324. Goods Act 195825. Hire-Purchase Act 1959 (repealed 1 April 1998, in respect of future hire-purchase agreements; except

for sections 24 and 25, applicable to hire purchase agreements for farm machinery until 30 June 2003)

26. House Contracts Guarantee Act 198727. Introduction Agents Act 199728. Landlord and Tenant Act 195829. Marketable Securities Act 197030. Motor Car Traders Act 198631. Partnership Act 195832. Patriotic Funds Act 195833. Petroleum Products (Terminal Gate Pricing) Act 200034. Petroleum Retail Selling Sites Act 198135. Prostitution Control Act 199436. Residential Tenancies Act 1997 (ss.24, 25, 27, 32, 33, 45-48, 74-77, 82, 90, 91, 102, 103, 104(1),

104(4), 104(5), 105(2), 105(3), 124, 128, 130-134, 141-212, 214, 215, 230, 232-234, 241, 277, 291-333,335-341, 343-366, 373-376, 385, 388, 390, 395-398, 400-439, 486-504, 506-511; s.66 (1) jointly with the Minister for Housing; the Act is otherwise administered by the Attorney-General, the Minister for Housing and the Minister for Planning

37. Sale of Goods (Vienna Convention) Act 198738. Sale of Land Act 196239. Sea-Carriage Documents Act 199840. Second-Hand Dealers and Pawnbrokers Act 198941. Travel Agents Act 198642. Trustee Act 195843. Trustee Companies Act 1984, jointly with the Treasurer

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Appendix 9Legislation Administered by Consumer Affairs Victoria

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109

110