Issued by Ross Smith, Director of Consumer Affairs and Fair Trading (Tas) - 23 January 2024
In the Australian Consumer Law (Tasmania), the Director is ‘the regulator’, under section 8 of the Australian Consumer Law (Tasmania) Act 2010.
The Director of Consumer Affairs and Fair Trading for Tasmania* is issuing this Public Warning Notice to warn consumers about the alleged conduct of Elite Southern Construction Pty Ltd. Elite Southern Construction Pty Ltd advertise their services online through various social media pages and at http://www.esconstruction.com.au/.
The Director, via Consumer Building & Occupational Services, has received numerous complaints about Elite Southern Construction Pty Ltd, spanning a three-year period. The particulars of the complaints are similar. The complaints typically allege that after providing quotations for roofing work and other associated building services work, Elite Southern Construction Pty Ltd receive deposits and either never commence work (most commonly), or only partially complete the work to an unsatisfactory standard.
The Australian Consumer Law (Tasmania) prohibits traders from accepting payments for goods or services and failing to provide them within a specific period, or if no period is specified, within a reasonable time (section 158(7)).
The Director is warning the public about the alleged conduct by Elite Southern Construction Pty Ltd, by issuing this notice under section 223 of the Australian Consumer Law (Tasmania), because the Director:
- has reasonable grounds to suspect that conduct by Elite Southern Construction Pty Ltd may constitute a contravention of section 158(7) of the Australian Consumer Law (Tasmania), by accepting payment for goods or services and not providing them within a specified period, or within a reasonable time;
- is satisfied that one or more people has suffered, or is likely to suffer detriment as a result of the conduct, by paying amounts to Elite Southern Construction Pty Ltd, when goods or services have not been provided as agreed between the parties ( or at all); and
- is satisfied that it is in the public interest to issue this Public Warning Notice.
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