South Australian Numbered Acts

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SMALL BUSINESS COMMISSIONER ACT 2011 (NO 41 OF 2011) - SECT 5

5—Functions

        (1)         The functions of the Commissioner are—

            (a)         to receive and investigate complaints by or on behalf of small businesses regarding their commercial dealings with other businesses and to facilitate resolution of such complaints through measures considered appropriate by the Commissioner such as mediation or making representations on behalf of small businesses; and

            (b)         to assist small businesses on request in their dealings with State and local government bodies; and

            (c)         to disseminate information to small businesses to assist them in making decisions relevant to their commercial dealings with other businesses and their dealings with State and local government bodies; and

            (d)         to administer Part 3A (Industry codes) of the Fair Trading Act 1987 and the Australian Consumer Law (SA) to the extent that responsibility for that administration is assigned to the Commissioner under the Fair Trading Act 1987 ; and

            (e)         to monitor, investigate and advise the Minister about—

                  (i)         non-compliance with industry codes that may adversely affect small businesses; and

                  (ii)         market practices that may adversely affect small businesses; and

            (f)         to report to the Minister on matters affecting small businesses at the request of the Minister; and

            (g)         to report to the Minister on any aspect of the Commissioner's functions at the request of the Minister or on the Commissioner's own initiative; and

            (h)         to take any other action considered appropriate by the Commissioner for the purpose of facilitating and encouraging the fair treatment of small businesses in their commercial dealings with other businesses or assisting small businesses in their dealings with State or local government bodies; and

                  (i)         any other functions conferred on the Commissioner by or under this or any other Act.

        (2)         The Commissioner is to perform the functions with a view to the development and maintenance in South Australia of relationships between small businesses and other businesses, and small businesses and State and local government bodies, that are based on dealings conducted fairly and in good faith.



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