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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Small Business and Family
Enterprise Ombudsman (Consequential
and Transitional Provisions) Bill 2015
No. , 2015
(Treasury)
A Bill for an Act to amend laws, and deal with
transitional matters, in connection with the
Australian Small Business and Family Enterprise
Ombudsman Act 2015, and for related purposes
No. , 2015
Australian Small Business and Family Enterprise Ombudsman
(Consequential and Transitional Provisions) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 2
Schedule 1--Consequential amendments
3
Ombudsman Act 1976
3
Schedule 2--Transitional provisions
5
No. , 2015
Australian Small Business and Family Enterprise Ombudsman
(Consequential and Transitional Provisions) Bill 2015
1
A Bill for an Act to amend laws, and deal with
1
transitional matters, in connection with the
2
Australian Small Business and Family Enterprise
3
Ombudsman Act 2015, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
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This Act may be cited as the Australian Small Business and Family
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Enterprise Ombudsman (Consequential and Transitional
8
Provisions) Act 2015.
9
2
Australian Small Business and Family Enterprise Ombudsman
(Consequential and Transitional Provisions) Bill 2015
No. , 2015
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
Immediately after the commencement of
sections 3 to 96 of the Australian Small
Business and Family Enterprise
Ombudsman Act 2015.
3. Schedule 2
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
14
repealed as set out in the applicable items in the Schedule
15
concerned, and any other item in a Schedule to this Act has effect
16
according to its terms.
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Consequential amendments Schedule 1
No. , 2015
Australian Small Business and Family Enterprise Ombudsman
(Consequential and Transitional Provisions) Bill 2015
3
Schedule 1
--Consequential amendments
1
2
Ombudsman Act 1976
3
1 After section 6D
4
Insert:
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6E Transfer of complaints to the Australian Small Business and
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Family Enterprise Ombudsman
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(1) If:
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(a) the Ombudsman forms the opinion that:
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(i) a complaint could have been made to the Australian
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Small Business and Family Enterprise Ombudsman (the
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ASBFE Ombudsman); and
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(ii) the complaint could be more conveniently or effectively
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dealt with by the ASBFE Ombudsman; and
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(b) under the Australian Small Business and Family Enterprise
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Ombudsman Act 2015, the ASBFE Ombudsman has the
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power to deal with the complaint;
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the Ombudsman may decide not to investigate the complaint, or
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not to investigate the complaint further, and to transfer the
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complaint to the ASBFE Ombudsman.
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(2) The Ombudsman must not make a decision under subsection (1)
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unless:
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(a) the Ombudsman has consulted with the ASBFE Ombudsman
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about whether it would be more convenient or effective for
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the ASBFE Ombudsman to deal with the complaint; or
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(b) the Ombudsman has consulted with the ASBFE Ombudsman
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about whether it would be more convenient or effective for
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the ASBFE Ombudsman to deal with a particular class of
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complaints, and the complaint is one of that class.
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(3) If the Ombudsman makes a decision under subsection (1), the
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Ombudsman must:
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(a) transfer the complaint to the ASBFE Ombudsman as soon as
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is reasonably practicable; and
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Schedule 1 Consequential amendments
4
Australian Small Business and Family Enterprise Ombudsman
(Consequential and Transitional Provisions) Bill 2015
No. , 2015
(b) give the ASBFE Ombudsman any information or documents
1
relating to the complaint that are in the possession, or under
2
the control, of the Ombudsman; and
3
(c) as soon as is reasonably practicable, give the complainant
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written notice that the complaint has been transferred to the
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ASBFE Ombudsman.
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(4) The Australian Small Business and Family Enterprise Ombudsman
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Act 2015 applies to the complaint, once transferred, as if a request
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for assistance had been made to the ASBFE Ombudsman under
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that Act on the day on which the complaint is transferred.
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(5) If a complaint is transferred to the ASBFE Ombudsman under this
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section, the complaint is taken to be a formal request for assistance
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made to the ASBFE Ombudsman under the Australian Small
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Business and Family Enterprise Ombudsman Act 2015.
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Transitional provisions Schedule 2
No. , 2015
Australian Small Business and Family Enterprise Ombudsman
(Consequential and Transitional Provisions) Bill 2015
5
Schedule 2
--Transitional provisions
1
2
1 Disclosure, collection and use of information and
3
documents held by the Australian Small Business
4
Commissioner
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Information and documents relevant to the advocacy function
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(1)
The Australian Small Business Commissioner may disclose information
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and documents obtained by the Commissioner in the performance of the
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Commissioner's advocacy functions to the Australian Small Business
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and Family Enterprise Ombudsman for the purposes of the Ombudsman
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performing the Ombudsman's advocacy function.
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(2)
The Ombudsman may collect and use the information or documents for
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the purposes of performing the Ombudsman's advocacy function.
13
Information and documents relevant to the assistance function
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(3)
If a request for assistance to the Australian Small Business
15
Commissioner has not finally been dealt with by the Commissioner
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before the commencement of this item, the Commissioner may disclose
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information and documents relevant to the request to the Australian
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Small Business and Family Enterprise Ombudsman for the purposes of
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the Ombudsman performing the Ombudsman's assistance function.
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(4)
The Ombudsman may collect and use the information or documents for
21
the purposes of performing the Ombudsman's assistance function.
22