Western Australian Current Acts

SMALL BUSINESS DEVELOPMENT CORPORATION ACT 1983 - SECT 3

3 .         Terms used

        (1)         In this Act, unless the contrary intention appears —

        appointed member means a person appointed under section 5(2B)(a) as a member of the board;

        board means the board of management provided for under section 5;

        chairperson means the person appointed under section 5(2B)(b) to be the chairperson of the board;

        Commissioner means the Small Business Commissioner referred to in section 13;

        Corporation means the Small Business Development Corporation established under section 4(1);

        government entity means any of the following —

            (a)         a department of the Public Service;

            (b)         a local government;

            (c)         the Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971 , the Australian Small Business and Family Enterprise Ombudsman established under the Australian Small Business and Family Enterprise Ombudsman Act 2015 (Commonwealth) or any other ombudsman or equivalent office under a written law or a law of the Commonwealth;

            (d)         a body, whether corporate or unincorporate, or the holder of an office, post or position, being a body or office, post or position that is established or continued for a public purpose under a written law;

            (e)         the Australian Competition and Consumer Commission established by the Competition and Consumer Act 2010 (Commonwealth);

            (f)         the Australian Securities and Investments Commission referred to in the Australian Securities and Investments Commission Act 2001 (Commonwealth);

            (g)         the Commissioner, as defined in the Taxation Administration Act 1953 (Commonwealth) section 2(1);

            (h)         any person or office prescribed by the regulations;

        local government includes a regional local government and a regional subsidiary;

        member means a member of the board appointed by or under section 5;

        public sector body has the meaning given in the Public Sector Management Act 1994 section 3(1);

        small business means a business undertaking —

            (a)         which is wholly owned and operated by an individual person or by individual persons in partnership or by a proprietary company within the meaning of the Corporations Act 2001 of the Commonwealth and which —

                  (i)         has a relatively small share of the market in which it competes; and

                  (ii)         is managed personally by the owner or owners or directors, as the case requires; and

                  (iii)         is not a subsidiary of, or does not form part of, a larger business or enterprise;

                or

            (b)         which is declared by the Governor by Order in Council pursuant to subsection (2) to be a small business for the purposes of this Act.

        (2)         The Governor may, by Order in Council published in the Government Gazette , declare a business undertaking to be a small business for the purposes of this Act and by subsequent Order in Council so published vary or revoke that declaration.

        [Section 3 amended: No. 5 of 1998 s. 4 and 9; No. 10 of 2001 s. 221; No. 20 of 2011 s. 6; No. 12 of 2020 s. 4.]

        [Heading inserted: No. 20 of 2011 s. 7.]