Page 1469 - Week 05 - Wednesday, 6 April 2005
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The commissioner is shortly to commence action on behalf of three consumers against a local building firm that has provided substandard work to consumers and is unwilling to remedy the situation. The office has been successful in the credit tribunal in negotiating the highest proportion of penalty per non-compliant contract for all jurisdictions in Australia in a matter involving AVCO Finance. The total proceeds of $170,000 will be put in the consumer counselling trust fund for the funding of consumer credit education.
In addition to this more prominent compliance activity, the office and the enforcement and litigation unit in particular have also been successful in negotiating a range of other appropriate outcomes on behalf of consumers. For example, a local freight forwarding company, engaged in overseas removal services, experienced administrative and financial difficulties that meant that consumers’ possessions were not being delivered. The unit has assisted in locating those goods and recompensing consumers.
Much of the work that is passed to the enforcement and litigation unit originates from the office’s compliance unit. This unit undertakes a wide range of tasks associated with the enforcement of the fair trading legislation and associated codes of practice. A fundamental role of this work is the work it does in relation to the safety of products on the market. A considerable amount of this activity focuses on the products used by children. Members will be aware of the work the staff of the office do each year in preparation for the Canberra show, when inspectors inspect all products included in show bags to ensure that none contain items that might be dangerous particularly to young children.
The office’s compliance unit also performs proactive and intelligence-based inspections relating to the trade measurement laws of the territory. This involves a comprehensive program in which inspectors check about 20,000 instruments, meters and packages each year to ensure that consumers receive the volume and weight of goods that they are paying for. The office’s compliance staff also deserve recognition for the work that they undertook in the implementing of the new consumer fireworks regime last June. The inspectors completed 248 inspections over the seven-day selling period of the 22 licensed outlets.
One of the most visible inspection programs of the compliance unit is that directed to liquor sales in the ACT. The staff of the unit are active at all hours of the day and night to monitor liquor sales and services. The unit has developed a strong working relationship with the Australian Federal Police. In partnership, the agencies undertake joint operations to ensure licensees comply with both the Liquor Act and the Security Industry Act. The unit also ensures compliance with determined occupancy levels for licensed premises, that liquor licensees do not serve underage drinkers, and that licensed outdoor areas are operated in compliance with the licensing standards manual.
The compliance unit and the AFP both place high priority on the detection and investigation of the use of false IDs to gain entry to licensed premises or purchase liquor. The office successfully prosecuted 11 minors for ID-related offences in the month of January of this year. Over the past 12 months or so, the office has also been required to integrate the regulation of the new legislation for the real estate and security industries and legislation aimed at prevented gazumping and dummy bidding. The office
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