Minister for Fair Trading Peter Lawlor said Mr Martelli had been convicted on four breaches of the Fair Trading Act 1989 and 21 breaches of the Business Names Act 1962 relating to the operation of his business Al’s Painting.
The four-day trial was held at Brisbane Magistrates Court.
“Mr Martelli breached the Fair Trading Act for making false and misleading representations in a series of northside newspaper advertisements stating he held a BSA licence,” Mr Lawlor said.
“The BSA actually cancelled his licence in 2004.
“Mr Martelli also came before the court for failing to register his business name.
“On top of the $6000 fine for these offences, the court also imposed costs of $4032.
“Today marks the end of a testing saga that started in 2006 when police alerted fair trading inspectors to an alleged theft of $1150 from a Chermside pensioner by an unidentified painter who was believed to be one of Mr Martelli’s subcontractors,” he said.
Mr Lawlor said Mr Martelli had made repeated attempts to frustrate the investigation and prosecution by claiming he could not provide the name of a painting contractor he engaged.
“The Office of Fair Trading’s investigation revealed that Mr Martelli’s advertising particularly targeted elderly residents with the offer of pensioner discount,” he said.
Mr Lawlor said the Office of Fair Trading would not hesitate to prosecute other unscrupulous traders who attempted to dupe their customers with false and misleading claims.
“The Martelli case should serve as an unambiguous warning to other dodgy operators that we take such breaches very seriously,” he said.
The maximum penalty for falsely claiming an approval you do not have is $27,000, and $4000 for failing to register a business name.
