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This is a Bill, not an Act. For current law, see the Acts databases.
SMALL BUSINESS COMMISSIONER BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Economic Development, Business and
Tourism)
Small
Business Commissioner Bill 2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Economic Development, Business and
Tourism)
Small Business
Commissioner Bill 2004
A Bill for
An Act to provide for a small business commissioner
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Small Business Commissioner Act 2004.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
The main object of this Act is to enhance a competitive, cooperative and
fair operating environment for small business in the ACT.
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act.
Note 2 A definition in the dictionary applies to the entire Act
unless the definition, or another provision of the Act, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
There is to be a Small Business Commissioner.
7 Appointment
of commissioner
The Minister must appoint a person to be the commissioner.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see Legislation Act,
s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
8 Term
of appointment of commissioner
The commissioner must be appointed for a term of not longer than
5 years.
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and
dict, pt 1, def appoint).
9 Conditions
of appointment of commissioner
The commissioner’s conditions of appointment are the conditions
agreed between the Minister and the commissioner, subject to any determination
under the Remuneration Tribunal Act 1995.
10 Ending
commissioner’s appointment
(1) The Minister may end the appointment of the
commissioner—
(a) if the commissioner contravenes a Territory law; or
(b) for misbehaviour; or
(c) if the commissioner becomes bankrupt, or executes a personal
insolvency agreement; or
(d) if the commissioner is convicted, in the ACT, of an offence punishable
by imprisonment for at least 1 year; or
(e) if the commissioner is convicted outside the ACT, in Australia or
elsewhere, of an offence that, if it had been committed in the ACT, would be
punishable by imprisonment for at least 1 year; or
(f) in accordance with the commissioner’s employment
conditions.
(2) The Minister must end the commissioner’s appointment for
physical or mental incapacity, if the incapacity substantially affects the
exercise of the commissioner’s functions.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
(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.
12 Directions
by Minister
(1) The Minister may give a written direction to the commissioner about
the exercise of the commissioner’s functions.
(2) The commissioner must comply with a direction given to the
commissioner under this section.
(3) A report by the commissioner under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include—
(a) a copy of any direction given under this section during the year;
and
(b) a statement by the commissioner about action taken during the year to
give effect to any direction given (whether before or during the year) under
this section.
Note Financial year has an extended meaning in the Annual
Reports (Government Agencies) Act 2004.
(4) A direction is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
13 Government
entities to assist commissioner
The chief executive of a government entity must cooperate with any request
by the commissioner for information or assistance reasonably required by the
commissioner for the exercise of the commissioner’s functions.
The staff assisting the commissioner are to be employed under the Public
Sector Management Act 1994.
(1) The commissioner may, on behalf of the Territory, engage
consultants.
(2) However, the commissioner must not enter into a contract of employment
under this section.
The commissioner may delegate any of the commissioner’s functions
under this Act or another Territory law to a public servant.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
17 Protection
of officials from liability
(1) In this section:
official means—
(a) the commissioner; or
(b) any member of the staff assisting the commissioner; or
(c) anyone else exercising a function under this Act.
(2) An official does not incur civil liability for an act or omission done
honestly and without recklessness for this
Act.
(3) Any civil liability that would, apart from this section, attach to an
official attaches instead to the Territory.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(1) The commissioner may, in writing, approve forms for this
Act.
(2) If the commissioner approves a form for a particular purpose, the
approved form must be used for that purpose.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the
Legislation Act.
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3)
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
20 Regulation-making
power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• administrative unit
• chief executive (see s 163)
• Minister (see s 162)
• public servant
• tribunal
• statutory office-holder.
business includes—
(a) a business not carried on for profit; and
(b) a trade or profession.
chief executive, in relation to a statutory office, means the
holder of the office.
commissioner means the Small Business Commissioner.
government entity means—
(a) an administrative unit; or
(b) a statutory office-holder and the staff assisting the statutory
officer-holder.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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