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This is a Bill, not an Act. For current law, see the Acts databases.


SMALL BUSINESS COMMISSIONER BILL 2012





                               New South Wales




Small Business Commissioner
Bill 2012

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The object of this Bill is to create the office of Small Business Commissioner and to
specify the objectives and functions of that office. Among the Commissioner's
objectives will be to deal with issues concerning the small business sector in a neutral
and independent manner and to provide a central point of contact for small
businesses to make complaints about their commercial dealings with other
businesses and their dealings with government agencies. The Commissioner's
functions include the following:
(a) investigating complaints made by or on behalf of small businesses,
(b) providing low cost alternative dispute resolution services,
(c) making representations or taking action on behalf of small businesses,
(d) requiring any person or government agency to provide such information (or
      answers to questions) relating to the person's or agency's dealings with small
      businesses as the Commissioner reasonably requires for the purposes of an
      investigation under the proposed Act.




b2011-089-35.d13
Small Business Commissioner Bill 2012

Explanatory note




Outline of provisions
Part 1       Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.
Clause 3 defines certain words and expressions used in the proposed Act.

Part 2       Small Business Commissioner
Division 1          Appointment of Small Business Commissioner
Clause 4 provides for the appointment of a Small Business Commissioner by the
Governor on the recommendation of the Minister.
Clause 5 provides that the Commissioner is subject to the control and direction of the
Minister in the exercise of the Commissioner's functions, except in relation to certain
matters (including the Commissioner's reporting functions).
Clause 6 specifies the maximum term of office of the Commissioner (5 years) and
provides that the office is a full-time one.
Clause 7 provides for the remuneration of the Commissioner.
Clause 8 specifies when the office of Commissioner becomes vacant.
Clause 9 provides that the Governor may, on the recommendation of the Minister,
remove the Commissioner from office for incompetence, incapacity or
misbehaviour.
Clause 10 provides for the filling of any vacancy in the office of Commissioner.
Clause 11 provides for the appointment of an acting Commissioner.
Clause 12 provides for the appointment of staff of the Commissioner.

Division 2          Objectives and functions of Commissioner
Clause 13 specifies the objectives of the Commissioner, which include dealing with
issues concerning the small business sector in a neutral and independent manner,
providing a central point of contact for small businesses to make certain complaints,
encouraging government agencies and larger businesses to enter into productive
working relationships with small businesses, facilitating the resolution of disputes
involving small businesses, facilitating and encouraging the fair treatment of small
businesses, promoting a fair operating environment in which small businesses can
flourish and identifying and supporting measures to reduce the administrative burden
for small businesses.
Clause 14 specifies the general functions of the Commissioner, which include
receiving and dealing with complaints made by or on behalf of small businesses,


Explanatory note page 2
Small Business Commissioner Bill 2012

Explanatory note




investigating complaints, providing low cost alternative dispute resolution services
for small businesses and making representations or taking action on behalf of small
businesses, whether at the Commissioner's own initiative or at the request of a small
business.
Clause 15 provides that the Commissioner may only deal with a complaint made by
or on behalf of a small business if satisfied that the subject-matter of the complaint
relates to the unfair treatment of, or an unfair practice involving, the small business
or that it is in the public interest to deal with the complaint.
Clause 16 authorises the Commissioner to require any person or government agency
to provide information relating to the person's or agency's dealings with small
businesses that the Commissioner reasonably requires for the purposes of any
investigation by the Commissioner under the proposed Act.
Clause 17 provides for the Commissioner to certify the outcome of any application
made to the Commissioner for assistance in resolving a complaint or other dispute
involving a small business.
Clause 18 provides that, if the Commissioner makes a finding that a person or body
has persistently engaged in anti-competitive practices that are in contravention of any
law and that adversely affect the small business sector, the Commissioner may refer
the finding to the Director-General of the Department of Finance and Services.
Clause 19 provides for the Commissioner to enter into information sharing
arrangements with government agencies, holders of statutory offices or certain other
persons or bodies for the purposes of sharing or exchanging any information that is
held by the Commissioner or the agency, office holder or other person or body.
Clause 20 provides that the Commissioner is to act in an informal manner as far as
possible and according to the substantial merits of the case without undue regard to
technicalities. The Commissioner may determine the procedures to be followed in
exercising the Commissioner's functions under the proposed Act.
Clause 21 provides that the Commissioner may engage the services of any person
for the purpose of getting expert assistance.
Clause 22 provides for the Commissioner to delegate the exercise of any function of
the Commissioner to any member of staff of the Commissioner or any person
authorised by the regulations.

Division 3          Reports by Commissioner
Clause 23 requires the Commissioner to prepare an annual report to Parliament on
the Commissioner's work and activities.
Clause 24 provides for the preparation of a special report to Parliament on any
matter relating to the functions of the Commissioner.
Clause 25 requires the Commissioner, before furnishing a report to Parliament, to
provide a draft report to the Minister and any government agency or person criticised
in the report and to consider any submissions that are made by the Minister or the
government agency or person concerned.


                                                               Explanatory note page 3
Small Business Commissioner Bill 2012

Explanatory note




Clause 26 specifies the procedure for reports to Parliament.

Part 3       Miscellaneous
Clause 27 provides for the proposed Act to bind the Crown.
Clause 28 provides for the grant of injunctions to stop interference with any
investigation conducted by the Commissioner.
Clause 29 provides that the Commissioner, a member of the Commissioner's staff or
a person acting under the direction of the Commissioner is not personally liable for
acts done in good faith for the purpose of exercising a function under the proposed
Act or any other Act.
Clause 30 enables the Governor to make regulations for the purposes of the
proposed Act.
Clause 31 repeals the Small Business Development Corporation Act 1984.
Clause 32 provides for the review of the proposed Act in 5 years from the date of
assent to the proposed Act.

Schedule 1                Amendment of Acts
Schedule 1.1 provides for information relating to complaint handling, dispute
resolution or the investigative and reporting functions of the office of Small Business
Commissioner to be excluded information for the purposes of the Government
Information (Public Access) Act 2009.
Schedule 1.2 includes the Small Business Commissioner in the list of public offices
to which the Statutory and Other Offices Remuneration Act 1975 applies.




Explanatory note page 4
                                                                       First print




                                 New South Wales




Small Business Commissioner
Bill 2012


Contents

                                                                             Page
Part 1         Preliminary
                    1   Name of Act                                             2
                    2   Commencement                                            2
                    3   Definitions                                             2

Part 2         Small Business Commissioner
               Division 1        Appointment of Small Business
                                 Commissioner
                    4   Appointment of Small Business Commissioner              3
                    5   The Minister                                            3
                    6   Term of office and basis on which it is held            3
                    7   Remuneration                                            3
                    8   Vacancy in office                                       4
                    9   Removal from office                                     4
                   10   Filling of vacancy                                      4

b2011-089-35.d13
Small Business Commissioner Bill 2012

Contents

                                                                            Page
             11    Appointment of acting Commissioner                         4
             12    Staff of Commissioner                                      5

             Division 2      Objectives and functions of Commissioner
             13    Objectives of Commissioner                                 5
             14    General functions of Commissioner                          5
             15    Decision to deal with complaint                            6
             16    Requirement to provide information                         6
             17    Commissioner may certify outcome of dispute resolution
                   assistance                                                 7
             18    Referral of certain findings                               7
             19    Exchange of information                                    7
             20    General procedures of Commissioner                         8
             21    Expert assistance                                          8
             22    Delegation                                                 8

             Division 3      Reports by Commissioner
             23    Annual report to Parliament on Commissioner's work and
                   activities                                                 9
             24    Special reports to Parliament                              9
             25    Furnishing of draft reports to Minister and others         9
             26    Provisions relating to reports to Parliament              10

Part 3       Miscellaneous
             27    Act to bind Crown                                         11
             28    Injunctions relating to investigations by Commissioner    11
             29    Personal liability of Commissioner and others             11
             30    Regulations                                               11
             31    Repeal of Small Business Development Corporation
                   Act 1984 No 119                                           12
             32    Review of Act                                             12

Schedule 1         Amendment of Acts                                         13




Contents page 2
                            New South Wales




Small Business Commissioner
Bill 2012
No     , 2012


A Bill for

An Act to create the office of Small Business Commissioner and to provide for the
objectives and functions of that office; and for other purposes.
Clause 1          Small Business Commissioner Bill 2012

Part 1            Preliminary




The Legislature of New South Wales enacts:                                              1


Part 1         Preliminary                                                              2

  1      Name of Act                                                                    3

               This Act is the Small Business Commissioner Act 2012.                    4

  2      Commencement                                                                   5

               This Act commences on a day or days to be appointed by proclamation.     6

  3      Definitions                                                                    7

         (1)   In this Act:                                                             8
               Commissioner means the Small Business Commissioner appointed             9
               under this Act.                                                         10
               function includes a power, authority or duty, and exercise a function   11
               includes perform a duty.                                                12
               government agency means:                                                13
                (a) a public authority constituted by or under an Act, or              14
               (b) a NSW Government agency, or                                         15
                (c) a Division of the Government Service, or                           16
               (d) a council (within the meaning of the Local Government Act 1993)     17
                      or other local authority, or                                     18
                (e) a State owned corporation.                                         19

         (2)   Notes included in this Act do not form part of this Act.                20




Page 2
Small Business Commissioner Bill 2012                                     Clause 4

Small Business Commissioner                                               Part 2




Part 2       Small Business Commissioner                                                    1


Division 1         Appointment of Small Business Commissioner                               2

  4   Appointment of Small Business Commissioner                                            3

      (1)    The Governor may, on the recommendation of the Minister, appoint a             4
             Small Business Commissioner.                                                   5

      (2)    Chapter 1A of the Public Sector Employment and Management                      6
             Act 2002 does not apply to or in respect of the appointment of the             7
             Commissioner.                                                                  8

  5   The Minister                                                                          9

             The Commissioner is subject to the control and direction of the Minister      10
             in the exercise of the Commissioner's functions, except in relation to the    11
             following matters:                                                            12
              (a) the investigation of complaints by small businesses,                     13
             (b) the provision of advice to the Minister,                                  14
              (c) referrals under section 18,                                              15
             (d) the contents of any report by the Commissioner.                           16

  6   Term of office and basis on which it is held                                         17

      (1)    The Commissioner holds office for such term, not exceeding 5 years, as        18
             may be specified in the instrument of appointment, but is eligible (if        19
             otherwise qualified) for re-appointment.                                      20

      (2)    A person is not eligible to be appointed for more than 2 terms of office      21
             as Commissioner (whether or not consecutive terms).                           22

      (3)    The office of Commissioner is a full-time office and the holder of the        23
             office is required to hold it on that basis, except to the extent permitted   24
             by the Minister.                                                              25

  7   Remuneration                                                                         26

             The Commissioner is entitled to be paid:                                      27
             (a) remuneration in accordance with the Statutory and Other Offices           28
                  Remuneration Act 1975, and                                               29
             (b) such travelling and subsistence allowances as the Minister may            30
                  from time to time determine.                                             31




                                                                               Page 3
Clause 8          Small Business Commissioner Bill 2012

Part 2            Small Business Commissioner




  8      Vacancy in office                                                                 1
               The office of Commissioner becomes vacant if the holder:                    2
               (a) dies, or                                                                3
               (b) completes a term of office and is not re-appointed, or                  4
               (c) resigns the office by instrument in writing addressed to the            5
                     Governor, or                                                          6
               (d) becomes bankrupt, applies to take the benefit of any law for the        7
                     relief of bankrupt or insolvent debtors, compounds with his or her    8
                     creditors or makes an assignment of his or her remuneration for       9
                     their benefit, or                                                    10
               (e) becomes a mentally incapacitated person, or                            11
               (f) is convicted in New South Wales of an offence that is punishable       12
                     by imprisonment or is convicted elsewhere than in New South          13
                     Wales of an offence that, if committed in New South Wales,           14
                     would be an offence so punishable, or                                15
               (g) is removed from office under section 9.                                16

  9      Removal from office                                                              17

               The Governor may, on the recommendation of the Minister, remove the        18
               Commissioner from office, but only for incompetence, incapacity or         19
               misbehaviour.                                                              20

10       Filling of vacancy                                                               21

               If the office of Commissioner becomes vacant, a person is, subject to      22
               this Act, to be appointed to fill the vacancy.                             23

11       Appointment of acting Commissioner                                               24

         (1)   The Minister may, from time to time, appoint a person to act in the        25
               office of the Commissioner during the illness or absence of the            26
               Commissioner or during a vacancy in the office of the Commissioner.        27
               The person, while so acting, has all the functions of the Commissioner     28
               and is taken to be the Commissioner.                                       29

         (2)   The Minister may, at any time, remove a person from office as acting       30
               Commissioner.                                                              31

         (3)   An acting Commissioner is entitled to be paid such remuneration            32
               (including travelling and subsistence allowances) as the Minister may      33
               from time to time determine.                                               34




Page 4
Small Business Commissioner Bill 2012                                  Clause 12

Small Business Commissioner                                            Part 2




12    Staff of Commissioner                                                             1
             The staff of the Commissioner are to be employed under Chapter 1A of       2
             the Public Sector Employment and Management Act 2002.                      3

Division 2         Objectives and functions of Commissioner                             4

13    Objectives of Commissioner                                                        5

             The objectives of the Commissioner are as follows:                         6
             (a) to deal with issues concerning the small business sector in a          7
                   neutral and independent manner,                                      8
             (b) to provide a central point of contact for small businesses to make     9
                   complaints about their commercial dealings with other               10
                   businesses and about their dealings with government agencies,       11
             (c) to encourage government agencies and larger businesses to enter       12
                   into productive working relationships with small businesses,        13
             (d) to facilitate the resolution of disputes involving small businesses   14
                   through mediation and other appropriate forms of alternative        15
                   dispute resolution,                                                 16
             (e) to facilitate and encourage the fair treatment of small businesses,   17
             (f) to promote a fair operating environment in which small                18
                   businesses can flourish,                                            19
             (g) to identify and support measures to reduce the administrative         20
                   burden for small businesses.                                        21

14    General functions of Commissioner                                                22

      (1)    The Commissioner has, for the purposes of giving effect to the            23
             Commissioner's objectives, the following functions:                       24
             (a) to receive and deal with, subject to section 15, complaints made      25
                  by or on behalf of small businesses (either on an individual or      26
                  collective basis) regarding their dealings with other businesses     27
                  and government agencies,                                             28
             (b) to investigate complaints that are dealt with by the Commissioner     29
                  or to refer any such complaint to such other person or body as the   30
                  Commissioner considers appropriate,                                  31
             (c) to provide low cost alternative dispute resolution services for       32
                  small businesses,                                                    33
             (d) to make representations or take any action on behalf of small         34
                  businesses (including making applications to be joined as a party    35
                  in proceedings involving a small business) either at the             36
                  Commissioner's own initiative or at the request of a small           37
                  business,                                                            38



                                                                            Page 5
Clause 15            Small Business Commissioner Bill 2012

Part 2               Small Business Commissioner




               (e)      to conduct investigations into the way in which small businesses         1
                        are treated by other businesses or government agencies,                  2
               (f)      to facilitate the development of codes of practice by industry that      3
                        deal with issues concerning the small business sector,                   4
               (g)      to advise the Minister, either at the Commissioner's own                 5
                        initiative or at the request of the Minister, on any matter affecting    6
                        small businesses or that is relevant to the Commissioner's               7
                        objectives or functions.                                                 8

         (2)   Without limiting subsection (1), the Commissioner may do any other                9
               act or thing that is necessary or convenient for giving effect to the            10
               Commissioner's objectives.                                                       11

         (3)   The Commissioner has such other functions as are conferred or imposed            12
               on the Commissioner by or under this or any other Act.                           13

15       Decision to deal with complaint                                                        14

         (1)   The Commissioner may deal with a complaint made by or on behalf of               15
               a small business only if the Commissioner is satisfied that:                     16
               (a) the subject-matter of the complaint relates to the unfair treatment          17
                     of, or an unfair practice involving, the small business, or                18
               (b) it is in the public interest to deal with the complaint.                     19

         (2)   Without limiting subsection (1), the Commissioner may decline to deal            20
               with a complaint if the Commissioner is of the opinion that the                  21
               complaint is vexatious or trivial.                                               22

         (3)   The Commissioner may make preliminary inquiries for the purposes of              23
               deciding how to deal with a complaint and may request further                    24
               information from the complainant.                                                25

         (4)   The Commissioner must give notice to the complainant of the                      26
               Commissioner's decision on whether to deal with the complaint and (if            27
               the Commissioner decides to deal with the complaint) how the                     28
               complaint is to be dealt with.                                                   29

16       Requirement to provide information                                                     30

         (1)   The Commissioner may, by notice in writing, require any person or                31
               government agency to provide such information relating to the person's           32
               or agency's dealings with small businesses as the Commissioner                   33
               reasonably requires for the purposes of any investigation by the                 34
               Commissioner under this Act.                                                     35

         (2)   Any such notice may specify the time within which the information is             36
               required to be provided.                                                         37




Page 6
Small Business Commissioner Bill 2012                                      Clause 17

Small Business Commissioner                                                Part 2




      (3)    A requirement under this section to provide information relating to a            1
             person's or agency's dealings with small businesses may include a                2
             requirement to answer questions relating to those dealings.                      3

      (4)    A government agency is not required to provide any information under             4
             this section if there is an overriding public interest against the disclosure    5
             of the information for the purposes of the Government Information                6
             (Public Access) Act 2009 or if access to the information would                   7
             otherwise be denied under that Act.                                              8

17    Commissioner may certify outcome of dispute resolution assistance                       9

      (1)    The Commissioner may certify in writing the outcome of any                      10
             application made to the Commissioner for assistance in resolving a              11
             complaint or other dispute involving a small business.                          12

      (2)    Any such certificate is admissible as evidence in any civil proceedings         13
             of the outcome of the application.                                              14

      (3)    Any statement or admission made in connection with any alternative              15
             dispute resolution services provided by the Commissioner under this             16
             Act is not admissible in any legal proceedings.                                 17

      (4)    A reference in this section:                                                    18
             (a) to a complaint or other dispute involving a small business does             19
                   not include a reference to a retail tenancy dispute within the            20
                   meaning of the Retail Leases Act 1994, or                                 21
             (b) to the outcome of an application for assistance in resolving a              22
                   complaint or other dispute involving a small business is a                23
                   reference to whether or not the application was resolved and to           24
                   whether any agreement was reached by the parties.                         25

18    Referral of certain findings                                                           26

             The Commissioner may refer to the Director-General of the Department            27
             of Finance and Services any finding by the Commissioner that a person           28
             or body has persistently engaged in anti-competitive practices that are         29
             in contravention of any law and that adversely affect the small business        30
             sector.                                                                         31

19    Exchange of information                                                                32

      (1)    The Commissioner may enter into an arrangement (an information                  33
             sharing arrangement) with a relevant agency for the purposes of                 34
             sharing or exchanging any information that is held by the Commissioner          35
             or the agency.                                                                  36




                                                                                 Page 7
Clause 20         Small Business Commissioner Bill 2012

Part 2            Small Business Commissioner




         (2)   The information to which an information sharing arrangement may            1
               relate is limited to information that assists in the exercise of the       2
               functions of the Commissioner or of the relevant agency concerned.         3

         (3)   Under an information sharing arrangement, the Commissioner and the         4
               relevant agency are, despite any other Act or law, authorised:             5
                (a) to request and receive information that is held by the other party    6
                     to the arrangement, and                                              7
               (b) to disclose that information to the other party.                       8

         (4)   In this section:                                                           9
               relevant agency means any of the following:                               10
                (a) a government agency,                                                 11
               (b) the holder of a statutory office,                                     12
                (c) any other person or body prescribed by the regulations.              13

20       General procedures of Commissioner                                              14

               The Commissioner:                                                         15
               (a) is to act in an informal manner (including by avoiding conducting     16
                    formal hearings) as far as possible, and                             17
               (b) is to act according to the substantial merits of the case without     18
                    undue regard to technicalities, and                                  19
               (c) may determine the procedures to be followed in exercising the         20
                    Commissioner's functions under this Act, including the               21
                    procedures to be followed in any investigation conducted by the      22
                    Commissioner.                                                        23

21       Expert assistance                                                               24

               For the purposes of the exercise of any of the Commissioner's             25
               functions, the Commissioner may engage the services of any person for     26
               the purpose of getting expert assistance.                                 27

22       Delegation                                                                      28

               The Commissioner may delegate the exercise of any function of the         29
               Commissioner (other than this power of delegation) to:                    30
               (a) any member of staff of the Commissioner, or                           31
               (b) any person, or any class of persons, authorised for the purposes      32
                    of this section by the regulations.                                  33




Page 8
Small Business Commissioner Bill 2012                                   Clause 23

Small Business Commissioner                                             Part 2




Division 3         Reports by Commissioner                                                1

23    Annual report to Parliament on Commissioner's work and activities                   2

             The Commissioner is, as soon as practicable after 31 December in each        3
             year, required to prepare a report on the Commissioner's work and            4
             activities for the 12 months ending on that 31 December and provide a        5
             copy of the report to the Presiding Officer of each House of Parliament.     6

24    Special reports to Parliament                                                       7

      (1)    The Commissioner may, at any time, make a special report on any              8
             matter relating to the functions of the Commissioner and provide a copy      9
             of the report to the Presiding Officer of each House of Parliament.         10

      (2)    A report under this section may, without limitation, include                11
             recommendations in relation to such matters as the Commissioner             12
             considers relevant to the small business sector.                            13

      (3)    The Commissioner may include in a report under this section a               14
             recommendation that the report be made public immediately.                  15

25    Furnishing of draft reports to Minister and others                                 16

      (1)    The Commissioner must:                                                      17
             (a) provide the Minister with a draft of each report that is to be          18
                  provided to the Presiding Officers under this Division, and            19
             (b) give the Minister a reasonable opportunity to make submissions,         20
                  either orally or in writing, in relation to the draft report.          21

      (2)    The Commissioner must not make a report to the Presiding Officers           22
             under this Division that contains any matter that is, either expressly or   23
             impliedly, critical of a government agency or any person unless the         24
             Commissioner has given the agency or person concerned the                   25
             opportunity to make submissions, either orally or in writing, in relation   26
             to the matter.                                                              27

      (3)    The Commissioner is not required to amend a report in light of any          28
             submissions made by the Minister, a government agency or other              29
             person but must, before finalising a report, consider any such              30
             submissions before the report is provided to the Presiding Officers.        31

      (4)    If a report contains matter that is critical of a government agency or      32
             person and the agency or person concerned has made objections in            33
             relation to that matter, the report must indicate that any such objection   34
             has been made.                                                              35




                                                                              Page 9
Clause 26         Small Business Commissioner Bill 2012

Part 2            Small Business Commissioner




26       Provisions relating to reports to Parliament                                      1
         (1)   A copy of a report provided to the Presiding Officer of a House of          2
               Parliament under this Division must be laid before that House on the        3
               next sitting day of that House after it is received by the Presiding        4
               Officer.                                                                    5

         (2)   If a report includes a recommendation by the Commissioner that the          6
               report be made public immediately, the Presiding Officer of a House of      7
               Parliament may make it public whether or not that House is in session       8
               and whether or not the report has been laid before that House.              9

         (3)   A report that is made public by the Presiding Officer of a House of        10
               Parliament before it is laid before that House attracts the same           11
               privileges and immunities as it would if it had been laid before that      12
               House.                                                                     13

         (4)   A Presiding Officer need not inquire whether all or any conditions         14
               precedent have been satisfied as regards a report purporting to have       15
               been made or furnished in accordance with this Division.                   16

         (5)   In this Division, a reference to a Presiding Officer of a House of         17
               Parliament is a reference to the President of the Legislative Council or   18
               the Speaker of the Legislative Assembly. If there is a vacancy in the      19
               office of President, the reference to the President is taken to be a       20
               reference to the Clerk of the Legislative Council and, if there is a       21
               vacancy in the office of Speaker, the reference to the Speaker is taken    22
               to be a reference to the Clerk of the Legislative Assembly.                23




Page 10
Small Business Commissioner Bill 2012                                     Clause 27

Miscellaneous                                                             Part 3




Part 3       Miscellaneous                                                                  1

27    Act to bind Crown                                                                     2

             This Act binds the Crown in right of New South Wales and, in so far as         3
             the legislative power of the Parliament of New South Wales permits, the        4
             Crown in all its other capacities.                                             5

28    Injunctions relating to investigations by Commissioner                                6

      (1)    The Supreme Court may, on application by the Commissioner, grant an            7
             injunction in such terms as the Court determines to be appropriate if          8
             satisfied that a person has engaged, or is proposing to engage, in             9
             conduct that constituted, is constituting, or would constitute interfering    10
             with an investigation conducted by the Commissioner.                          11

      (2)    An injunction may be granted under this section as an interim injunction      12
             (without an undertaking being required as to damages or costs) or as a        13
             permanent injunction.                                                         14

29    Personal liability of Commissioner and others                                        15

             A matter or thing done (or omitted to be done) by the Commissioner, a         16
             member of staff of the Commissioner or a person acting under the              17
             direction of the Commissioner does not, if the matter or thing was done       18
             (or omitted to be done) in good faith for the purpose of exercising a         19
             function under this or any other Act, subject the Commissioner, the           20
             member of staff or the person so acting personally to any action,             21
             liability, claim or demand.                                                   22

30    Regulations                                                                          23

      (1)    The Governor may make regulations, not inconsistent with this Act, for        24
             or with respect to any matter that by this Act is required or permitted to    25
             be prescribed or that is necessary or convenient to be prescribed for         26
             carrying out or giving effect to this Act.                                    27

      (2)    In particular, the regulations may contain provisions of a savings or         28
             transitional nature consequent on the enactment of this Act or any Act        29
             that amends this Act.                                                         30

      (3)    Any such provision may, if the regulations so provide, take effect from       31
             the date of assent to the Act concerned or a later date.                      32

      (4)    To the extent to which any such provision takes effect from a date that       33
             is earlier than the date of its publication on the NSW legislation website,   34
             the provision does not operate so as:                                         35
              (a) to affect, in a manner prejudicial to any person (other than the         36
                     State or an authority of the State), the rights of that person        37
                     existing before the date of its publication, or                       38



                                                                              Page 11
Clause 31         Small Business Commissioner Bill 2012

Part 3            Miscellaneous




               (b)   to impose liabilities on any person (other than the State or an      1
                     authority of the State) in respect of anything done or omitted to    2
                     be done before the date of its publication.                          3

31       Repeal of Small Business Development Corporation Act 1984 No 119                 4

               The Small Business Development Corporation Act 1984 is repealed.           5

32       Review of Act                                                                    6

         (1)   The Minister is to review this Act to determine whether the policy         7
               objectives of the Act remain valid and whether the terms of the Act        8
               remain appropriate for securing those objectives.                          9

         (2)   The review is to be undertaken as soon as possible after the period of    10
               5 years from the date of assent to this Act.                              11

         (3)   A report on the outcome of the review is to be tabled in each House of    12
               Parliament within 12 months after the end of the period of 5 years.       13




Page 12
Small Business Commissioner Bill 2012

Amendment of Acts                                                Schedule 1




Schedule 1             Amendment of Acts                                         1


1.1 Government Information (Public Access) Act 2009 No 52                        2

      Schedule 2 Excluded information of particular agencies                     3

      Insert at the end of clause 2:                                             4

                    The office of Small Business Commissioner--complaint         5
                    handling, dispute resolution, investigative and reporting    6
                    functions.                                                   7

1.2 Statutory and Other Offices Remuneration Act 1975 (1976                      8
    No 4)                                                                        9

      Schedule 2 Public offices                                                 10

      Insert at the end of Part 1 of the Schedule:                              11

                    Small Business Commissioner                                 12




                                                                     Page 13


 


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