September 2016

From the Commissioner

CBS is proud to be moving on the state government's 'Digital by Default' strategy. Our new look website was launched late 2015 and since then we have continued to make it more customer focussed.

A new 'apply and pay' function on the home page will make online transactions easier and faster. This will be ready to go live shortly.

We're also piloting digital licences for all occupational licensees.  The trials continue with a small group of real estate licensees with a roll out to all licensees  expected in 2017. Security and technical matters are being finalised before a staggered launch.

We look forward to updating you again as the Christmas season approaches.

George Kamencak

Acting Commissioner

Tenancies

Landlord / agent bond claim - From 1 December CBS will no longer contact agents / landlords for missing or incorrect information when claiming a bond without a tenant's consent. The claim will be rejected by CBS and an application to SACAT will need to be made. View more detail about the change and subscribe to receive future tenancies updates.

Form 2 (breach notice) - A recent decision by SACAT changes the way the timing is calculated for the delivery of a Form 2 to a tenant. The form should be served at least 14 days after the rent payment was due. Read the tenancies update for more information.

Licensing and Registration

Electronic notification - Are you a licensee who wants to receive renewals, invoices and reminders electronically? Save time now and register for electronic notification.

Charities and prescribed associations - New reporting requirements will soon commence. Get prepared and find out how these changes affect you and your organisation.

Tattoo industry update - Tattoo service providers who are business owners, employees or sellers of equipment were required to complete a notification form by 28 July. The tattoo industry is to be commended on the high level of responses received so far. SA Police will assist CBS in ensuring 100% compliance over the coming months.

Real estate agents - Electronic conveyancing was introduced in SA in early July.  New responsibilities for vendors and purchasers who contract a conveyancer (or legal practitioner) were also introduced.  The Form R1 has been updated to reflect these changes and can be found on the CBS website. There is a six month transition period ending on 7 February 2017. Current Form R1's can be used until this time.

Foreign investment - Properties that sell for $2million or more on or after 1July 2016 have a 10% capital gains withholding tax. The Australian Taxation Office (ATO) has prepared material for land agents and conveyancers about the implications of these rules for vendors and purchasers and impacts on settlement. Any enquiries about the material should be directed to the ATO on 13 28 66.

Liquor and Gaming

Liquor licensing - The recent review of the Liquor Licensing Act 1997 is now complete. The Hon. Tim Anderson QC made 129 recommendations aimed at reducing red tape, increasing vibrancy and creating a safe drinking culture. Read the report for more information.

Compliance at CBS

CBS continues to be hot on the heels of non compliant licensees. In addition to tradies, real estate agents, a karaoke bar and other non trades licensees have been found to breach licence conditions recently. Read more about the results of the compliance and enforcement team.

Compliance and Enforcement policy  - CBS received a number of submissions on the 2016-17 compliance and enforcement priorities. The feedback received has helped shape the policy. Submissions have now closed and the policy will be publicly available shortly. Thanks to those who contributed and we look forward to sharing the final document with you next edition. 

Assurances - When CBS is confident a licensee who has potentially breached the law is likely to get back on track and do the right thing, an 'assurance' may be entered into. Before contracting or engaging a licensee, consider looking at who has entered into an agreement with CBS.

Royal Adelaide Show - This is always a busy time for our Compliance and Enforcement team. Inspections were carried out on liquor and building licensees. Product safety checks were conducted on various items sold at the Royal Show and businesses were audited on compliance with refund rights.

Fair trading

Consumers with disability - Consumer protection regulators have released new consumer rights guides. The guides provide helpful information for consumers and their carers about buying disability related goods and services. Download the guides or email CBS to order a hard copy.

Compulsory Conciliation Conferences ('CCC') - Since the introduction of CCC's in 2013, 745 unresolved fair trading complaints have been escalated to a CCC. A business must attend a CCC or risk a fine of $315 and a penalty of up to $10,000. It's no surprise that the success rate is at 82% with such high penalties. CBS has seen a marked improvement in the success of disputes that otherwise may have required court arbitration.

Resources

Mobile phones brochure - Do you, or someone you know, need some tips on buying a new mobile phone or tablet? Understanding your contract, consumer rights and avoiding scams may help you save time and money. Download or order your copy.

Help for small business

Small business complaints toolkit - Download or view the new complaints toolkit which includes tips on best practice, processing complaints, templates and much more. The toolkit has been developed by the Society of Consumer Affairs Professionals (SOCAP).

Refund signs - Confused about a consumer's refund rights? Order a free A4 Refund Rights sign or two for display or reference at your business.