South Australian Numbered Acts

STATUTES AMENDMENT (SMALL BUSINESS COMMISSION AND RETAIL AND COMMERCIAL LEASES) ACT 2024 (NO 65 OF 2024)

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement

   PART 2--Amendment of Small Business Commissioner Act 2011

   3.      Amendment of long title
   4.      Insertion of heading
   5.      Amendment of section 1--Short title
   6.      Amendment of section 3--Interpretation
   7.      Insertion of heading
   8.      Insertion of section 3A
   9.      Amendment of section 4--Small Business Commissioner
   10.     Insertion of section 4A
   11.     Amendment of section 5--Functions
   12.     Amendment of section 6--Ministerial direction
   13.     Amendment of section 7--Terms and conditions of appointment
   14.     Amendment of section 8--Deputy and Acting Commissioner
   15.     Insertion of section 8A
   16.     Amendment of section 10--Staff etc
   17.     Amendment of section 11--Delegation
   18.     Amendment of section 12--Power to require information
   19.     Insertion of Part 3

   PART 3--Dispute resolution Division 1--Preliminary

   12A.    Interpretation Division 2--General
   12C.    Commission may refuse to deal with dispute Division 3--Designated alternative dispute resolution
   12G.    Power to issue certificates Division 4--Enforcement
   20.     Insertion of heading
   21.     Amendment of section 13--Confidentiality
   22.     Amendment of section 14--Regulations

   PART 3--Amendment of Retail and Commercial Leases Act 1995

   23.     Amendment of section 3--Interpretation
   24.     Amendment of section 4--Application of Act
   25.     Amendment of section 7--Administration of Act
   26.     Amendment of section 9--Commissioner's functions
   27.     Amendment of section 11--Copy of lease to be provided to prospective lessee
   28.     Amendment of section 18--Warranty of fitness for purpose
   29.     Amendment of section 19--Security bond
   30.     Amendment of section 20--Repayment of security
   31.     Amendment of section 20C--Application of Division
   32.     Amendment of section 20H--Failure to comply with rules
   33.     Amendment of section 20K--Certified exclusionary clause
   34.     Amendment of section 51--Confidentiality of turnover information
   35.     Substitution of heading to
   36.     Amendment of section 63--Responsibility of the Commissioner to arrange for mediation of disputes
   37.     Substitution of section 64
   38.     Insertion of heading
   39.     Amendment of section 65--Stay of proceedings
   40.     Repeal of section 66
   41.     Insertion of Part 9 Division 1B Division 1B--Designated alternative dispute resolution
   42.     Amendment of section 67--Power to intervene
   43.     Insertion of section 68A
   44.     Amendment of section 70--The Fund
   45.     Amendment of section 72--Accounts and audit
   46.     Amendment of section 76--Abandoned goods
   47.     Amendment of section 77--Exemptions
   48.     Amendment of section 78--Annual reports
   49.     Amendment of section 80--Regulations

   PART 4--Amendment of Fair Trading Act 1987

   50.     Amendment of long title
   51.     Amendment of section 3--Interpretation
   52.     Amendment of section 4B--Administration of Act
   53.     Amendment of section 16--Meaning of generic terms used in Australian Consumer Law
   54.     Amendment of section 28F--Regulations relating to industry codes
   55.     Amendment of section 28J--Compliance with applicable code of conduct
   56.     Amendment of section 28L--Regulations
   57.     Amendment of section 46--Interpretation
   58.     Amendment of section 47--Conduct of legal proceedings on behalf of consumers
   59.     Amendment of section 48--Public warning statements
   60.     Amendment of section 49--Immunity from liability
   61.     Amendment of section 76--Authorised officers
   62.     Amendment of section 78A--Use and inspection of books or documents produced or seized
   63.     Amendment of section 79--Assurances
   64.     Amendment of section 80--Registration of deeds of assurance
   65.     Amendment of section 81--Offence
   66.     Amendment of section 82--Enforcement orders
   67.     Amendment of section 83--Injunctions
   68.     Amendment of section 85--Orders for compensation
   69.     Amendment of section 86--Sequestration orders
   70.     Amendment of section 86B--Civil penalties
   71.     Amendment of section 86D--Civil expiation notices
   72.     Amendment of section 86E--Late payment
   73.     Amendment of section 86H--Withdrawal of civil expiation notices
   74.     Amendment of section 91--Evidentiary provisions
   75.     Amendment of section 96A--Confidentiality
   76.     Amendment of section 96B--Delegation by Minister responsible for administration of Small Business Commissioner Act
   77.     Amendment of section 97--Regulations

   PART 5--Amendment of Farm Debt Mediation Act 2018

   78.     Amendment of section 4--Interpretation
   79.     Amendment of section 8--Notice of availability of mediation to be given
   80.     Amendment of section 9--Farmer may request mediation
   81.     Amendment of section 10--Creditor may agree to or refuse mediation
   82.     Amendment of section 12--Application by farmer for issue of prohibition certificate
   83.     Amendment of section 13--Issue of prohibition certificate
   84.     Amendment of section 14--Application by creditor for issue of exemption certificate
   85.     Amendment of section 15--Issue of exemption certificate
   86.     Amendment of section 17--Duration of exemption certificate
   87.     Amendment of section 18--When is a farmer or creditor presumed to have refused to participate in mediation?
   88.     Amendment of heading to
   89.     Amendment of heading to
   90.     Amendment of section 19--Administration of Act
   91.     Amendment of section 20--Functions of Commissioner
   92.     Amendment of Section 21--Functions of mediators
   93.     Amendment of section 22--Commissioner must arrange mediation
   94.     Amendment of section 23--Conduct of mediation
   95.     Amendment of section 25--Mediation fees
   96.     Amendment of section 32--Regulations

   PART 6--Amendment of Late Payment of Government Debts (Interest) Act 2013

   97.     Amendment of section 7--Disputes

   PART 7--Amendment of Work Health and Safety Act 2012

   98.     Amendment of section 274--Approved codes of practice Schedule 1--Transitional provision