Australian Capital Territory Repealed Acts

This legislation has been repealed.

SMALL BUSINESS COMMISSIONER ACT 2004 (REPEALED) - SECT 11

    (1)     The commissioner has the following functions:

        (a)     to facilitate and encourage the fair treatment of small businesses in commercial dealings with other businesses in the marketplace;

        (b)     to promote informed decision-making by small businesses to minimise disputes with other businesses;

        (c)     to facilitate the resolution of complaints by small businesses about unfair market practices and promote mediation between the parties involved in the complaints;

        (d)     to make representations to appropriate entities on behalf of any small business with a complaint mentioned in paragraph (c);

        (e)     to monitor and report to the Minister on any emerging trends in market practices that have an adverse effect on small businesses;

        (f)     to develop small business service charters within government entities to ensure small businesses receive high quality services from government entities;

        (g)     to monitor the operation and effectiveness of the small business charters;

        (h)     as required by the Minister, to monitor and report on the impact of legislation, government procedures and administration on small businesses;

              (i)     to promote laws, policies and practices that support the objects of this Act;

        (j)     to disseminate information about the operation of this Act and the functions of the commissioner;

        (k)     to advise the Minister on the operation of this Act or any issue relating to small businesses, whether at the Minister's request or on the commissioner's own initiative;

        (l)     to exercise any other function given to the commissioner under this Act or another Territory law.

Note     A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity ).

    (2)     To remove any doubt, the commissioner must not investigate or continue to investigate anything arising in a complaint mentioned in paragraph (1) (c), if the commissioner becomes aware that it is the subject of an investigation, or a proceeding in a court or tribunal, in relation to an offence or disciplinary matter.