The Honourable Peter Lawlor
28/05/2010
Gold Coast firm Classic Concrete Australia Pty Ltd and its director Emma Louise Taylor cop hefty fines for breaking Queensland consumer laws
A Coomera company was fined $16,000 and its director $2,000 at the Southport Magistrates Court today as a result of an investigation by the Office of Fair Trading (OFT).
Fair Trading Minister Peter Lawlor said Classic Concrete Australia Pty Ltd and its director Emma Louise Taylor copped the penalty and conviction for breaching the Fair Trading Act 1989.
"The company broke the door-to-door trading laws under the Act which are in place to protect people who are approached at home unsolicited by salespeople," Mr Lawlor said.
Mr Lawlor said door-to-door traders needed to give consumers a proper contract clearly stating the breakdown of costs and including relevant consumer warnings.
"And if the goods or service are worth more than $75, they must give the consumer a 10-day cooling-off period and can not take money or start work in that time," he said.
"Evidence was heard about several instances in 2008 and 2009 across Southport, Burleigh Waters, Biggera Waters and Upper Coomera where Classic Concrete Australia did not follow the rules.
"It copped a significant $16,000 fine as a result. This is a warning to all traders who do business this way to abide by the law and respect the rights of consumers."
Mr Lawlor said door-to-door traders must:
· only contact customers between 9am and 6pm from Monday to Friday, and 9am and 5pm on Saturdays. Calls on Sundays or public holidays are prohibited
· provide a written contract clearly stating the breakdown of costs, including GST and the total price, with the sale of goods or services valued at more than $75
· produce an identity card with the dealer's full name and address
· provide a 10 day cooling-off period in the sale of goods and services valued at more than $75. During this time no payment, including deposits, can be accepted and no work can commence
· provide a form outlining the consumer's right to cancel a door-to-door contract
· provide a form to cancel a door-to-door sales contract during the 10-day cooling-off period.
Classic Concrete Australia was fined $4,000 in 2008 for similar breaches of the door-to-door laws under the Fair Trading Act.
The maximum penalty for breaching the Act is up to $54,000 for individuals and $270,000 for companies.
Mr Lawlor said Classic Concrete Australia director Emma Louise Taylor also received a $2,000 fine today for providing false and misleading information to the OFT during its recent investigation.
