South Australian Numbered Acts South Australian Numbered ActsAfter section 33 insert:
33A—Publication of advertisements
(1) A licensed contractor must not publish, or cause to be published, an advertisement relating to the business carried on under the authority of the licence unless the advertisement specifies the contractor's licence number.
Maximum penalty: $2 500.
Expiation fee: $80.
(2) Subsection (1) does not apply in relation to an advertisement offering or seeking applications for employment or directed to other licensed contractors.
33B—Requirements for contracts for domestic plumbing, gas fitting or electrical work that contain a charging clause
(1) If a contract entered into to perform plumbing, gas fitting or electrical work on domestic property contains a charging clause, the following requirements must be complied with:
(a) the contract must be in writing;
(b) the contract must set out in full all the contractual terms;
(c) the contract must set out the name in which the contractor carries on business under the contractor's licence, the contractor's licence number and the names and licence numbers of any other persons with whom the contractor carries on business as a contractor in partnership;
(d) the contract must comply with any requirements of the regulations as to the contents of such contracts;
(e) the contract must be signed by the contractor and the property owner personally or through an agent authorised to act on behalf of the contractor or property owner;
(f) the property owner must be given a copy of the signed contract as soon as reasonably practicable after it has been signed by both parties together with a notice in the prescribed form containing the prescribed information;
(g) the copy of the contract and the notice given to the property owner must (apart from signatures or initials) be readily legible.
(2) If any of the requirements of subsection (1) is not complied with, the contractor is guilty of an offence.
Maximum penalty: $5 000.
(3) In this section—
"charging clause" means a clause in a contract for the performance of plumbing, gas fitting or electrical work that gives the contractor the party to the contract a legal right to lodge a caveat over the property on which the contractor is performing work under the contract;
"domestic property" means a house or other building intended for occupation as a place of residence but does not include property of a class prescribed by regulation.