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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Small Business Commissioner Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definition 2
4. Appointment of Small Business Commissioner 2
5. Functions and powers of Commissioner 2
6. Commissioner's investigatory function 4
7. Terms and conditions of appointment 4
8. Acting Commissioner 5
9. Staff 7
10. Further powers 7
11. Delegation 7
12. Validity of acts and decisions 7
13. Ministerial directions 8
14. Reporting 8
15. Liquor Control Reform Act 1998--powers to investigate 8
16. Victorian Civil and Administrative Tribunal Act 1998--
powers of Commissioner to intervene 8
ENDNOTES 10
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551052B.I1-28/2/2003 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 26 February 2003
A BILL
to establish the office of the Small Business Commissioner and to
amend the Liquor Control Reform Act 1998 and the Victorian Civil
and Administrative Tribunal Act 1998 and for other purposes
Small Business Commissioner Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to establish the
office of the Small Business Commissioner to
enhance a competitive and fair operating
5 environment for small business in Victoria.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
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Small Business Commissioner Act 2003
s. 3
Act No.
(2) If a provision referred to in sub-section (1) does
not come into operation before 1 May 2003, it
comes into operation on that day.
3. Definition
5 In this Act--
"Commissioner" means the Small Business
Commissioner appointed under section 4.
4. Appointment of Small Business Commissioner
(1) There is to be appointed a Small Business
10 Commissioner.
(2) The Governor in Council may appoint a person to
be the Small Business Commissioner.
5. Functions and powers of Commissioner
(1) The Commissioner has all the functions and may
15 exercise all of the powers conferred on him or her
by this or any other Act.
(2) The Commissioner has the following functions--
(a) to facilitate and encourage the fair treatment
of small businesses in their commercial
20 dealings with other businesses in the
marketplace;
(b) to promote informed decision-making by
small businesses in order to minimise
disputes with other businesses;
25 (c) to receive and investigate complaints by
small businesses regarding unfair market
practices and mediate between the parties
involved in the complaint;
(d) to make representations to an appropriate
30 person or body on behalf of a small business
that has made a complaint referred to in
paragraph (c);
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Small Business Commissioner Act 2003
s. 5
Act No.
(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 encourage the development and
5 implementation of small business service
charters within government to ensure small
businesses receive high quality service;
(g) to monitor the operation and effectiveness of
those small business service charters;
10 (h) as required by the Minister, to monitor and
report to the Minister on the impact that
legislation in Victoria, government
procedures and administration have on small
businesses;
15 (i) as required by the Minister, to assist other
branches and agencies of government to
develop legislation, government procedures
and administration that provide alternative
ways in which small businesses can comply
20 with the requirements of the legislation,
procedures and administration;
(j) to investigate compliance with industry
codes;
(k) to advise the Minister generally about
25 matters for which the Commissioner is
responsible;
(l) to advise the Minister on the operation of
this Act.
(3) The Commissioner may carry out his or her
30 functions and exercise his or her powers at the
request of the Minister or any other person or
body or on his or her own motion.
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Small Business Commissioner Act 2003
s. 6
Act No.
(4) The Commissioner has power to do all things
necessary or convenient to be done for or in
connection with the performance of his or her
functions.
5 (5) The Commissioner is responsible to the Secretary
to the Department of Innovation, Industry and
Regional Development for the general conduct
and management of the functions and activities of
the Commissioner and must advise the Secretary
10 in all matters relating to that conduct and
management.
(6) The Secretary to the Department of Innovation,
Industry and Regional Development must take
reasonable steps to ensure that adequate resources
15 are made available to the Commissioner to enable
him or her to carry out his or her functions and
exercise his or her powers.
6. Commissioner's investigatory function
The Commissioner may investigate any matter
20 relevant to the Commissioner's functions and
powers under this Act.
7. Terms and conditions of appointment
(1) The Commissioner holds office for a term, not
exceeding 5 years, specified in his or her
25 instrument of appointment, and is eligible for
reappointment for a term not exceeding 5 years.
(2) The Governor in Council may specify the terms
and conditions of appointment in the
Commissioner's instrument of appointment.
30 (3) The Commissioner is entitled to be paid the
remuneration and allowances that are fixed from
time to time by the Governor in Council.
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Small Business Commissioner Act 2003
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Act No.
(4) The Public Sector Management and
Employment Act 1998 (except in accordance
with Part 7 of that Act) does not apply to the
Commissioner in respect of the office of
5 Commissioner.
(5) The Commissioner ceases to hold office if he or
she--
(a) becomes an insolvent under administration
within the meaning of the Corporations Act;
10 or
(b) is convicted of an indictable offence or an
offence which, if committed in Victoria,
would be an indictable offence.
(6) The Governor in Council may remove the
15 Commissioner from office if he or she has
refused, neglected or failed to carry out his or her
duties or has demonstrated inefficiency or
misbehaviour in carrying out his or her duties.
(7) The Commissioner may at any time resign by
20 writing signed and delivered to the Governor.
8. Acting Commissioner
(1) The Minister may appoint an Acting
Commissioner--
(a) during a vacancy in the office of
25 Commissioner; or
(b) during any period when the Commissioner is
absent or, for any reason, is unable to
perform the functions of Commissioner.
(2) The Minister may--
30 (a) appoint an Acting Commissioner for a period
not exceeding 6 months;
(b) determine the terms and conditions of
appointment of the Acting Commissioner;
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Small Business Commissioner Act 2003
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Act No.
(c) terminate the appointment of the Acting
Commissioner at any time.
(3) An Acting Commissioner is entitled to receive the
remuneration and allowances that the
5 Commissioner would have been entitled to for
performing the duties of office.
(4) While a person is acting in the office of the
Commissioner in accordance with sub-section (1),
the Acting Commissioner has all the functions and
10 powers of the Commissioner.
(5) If a person is acting in the office of the
Commissioner in accordance with sub-section
(1)(b) and the office becomes vacant while the
person is so acting, that person may continue to so
15 act for 6 months after the date on which the
vacancy occurred unless--
(a) the Minister otherwise directs; or
(b) the vacancy is filled before the end of that
period.
20 (6) The validity of anything done by or in relation to a
person purporting to act in the office of the
Commissioner under an appointment made under
sub-section (1) shall not be called in question on
the ground that--
25 (a) the occasion for his or her appointment has
not arisen; or
(b) there is a defect or irregularity in or in
connection with his or her appointment; or
(c) the appointment had ceased to have effect; or
30 (d) the occasion for him or her to act had not
arisen or had ceased.
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Small Business Commissioner Act 2003
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Act No.
9. Staff
There may be employed under Part 3 of the
Public Sector Management and Employment
Act 1998 any employees that are necessary for the
5 administration of this Act or to enable the
Commissioner to perform his or her functions and
exercise his or her powers.
10. Further powers
The Commissioner may--
10 (a) request assistance or information from any
public authority within the meaning of the
Public Sector Management and
Employment Act 1998;
(b) engage consultants to assist him or her in the
15 performance of his or her functions and the
exercise of his or her powers.
11. Delegation
The Commissioner, by instrument in writing, may
delegate to any person employed under Part 3 of
20 the Public Sector Management and
Employment Act 1998 any power under this Act,
other than this power of delegation.
12. Validity of acts and decisions
An act or decision of the Commissioner or an
25 Acting Commissioner is not invalid--
(a) only because of a defect or irregularity in, or
in connection with, the appointment of the
Commissioner or Acting Commissioner; or
(b) on the ground that the occasion for the
30 Acting Commissioner to act had not arisen or
had ceased.
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Small Business Commissioner Act 2003
s. 13
Act No.
13. Ministerial directions
The Minister may give written directions to the
Commissioner about the performance of the
functions of the Commissioner except those
5 functions under this or any other Act that are
expressed to be not subject to the Minister's
direction or control.
14. Reporting
(1) The Commissioner must, within 3 months after
10 the end of a financial year, submit a report to the
Minister relating to the operation and performance
of the Commissioner as if it were an annual report
of operations under Part 7 of the Financial
Management Act 1994.
15 (2) The Minister must cause the report to be laid
before each House of the Parliament on or before
31 October each year or, if a House is not then
sitting, on the first sitting day of that House after
31 October.
20 15. Liquor Control Reform Act 1998--powers to
investigate
Act No.
After section 11(7) of the Liquor Control 94/1998.
Reform Act 1998 insert--
"(8) The Small Business Commissioner
25 appointed under the Small Business
Commissioner Act 2003 may investigate the
compliance by licensees of packaged liquor
licences with a code of conduct under sub-
section (5).".
30 16. Victorian Civil and Administrative Tribunal Act
1998--powers of Commissioner to intervene
Act No.
After section 73(2) of the Victorian Civil and 53/1998.
Administrative Tribunal Act 1998 insert--
"(2A) The Small Business Commissioner
35 appointed under the Small Business
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Small Business Commissioner Act 2003
s. 16
Act No.
Commissioner Act 2003 may intervene at
any stage in proceedings brought before the
Tribunal--
(a) concerning a retail tenancy dispute
5 within the meaning of Part 10 of the
Retail Leases Act 2003; or
(b) under section 8A of the Fair Trading
Act 1999.
(2B) If the Small Business Commissioner
10 intervenes in proceedings referred to in sub-
section (2A), he or she becomes a party to
the proceedings and has all the rights
(including rights of appeal) of such a party.".
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Small Business Commissioner Act 2003
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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