Victorian Numbered Acts

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SMALL BUSINESS COMMISSION ACT 2017 (NO. 16 OF 2017) - SECT 5

Functions and powers of Commission

    (1)     The Commission has all the functions and may exercise all of the powers conferred on it by this or any other Act.

    (2)     The Commission has the following functions—

        (a)     to facilitate and encourage the fair treatment of small businesses in their commercial dealings with other businesses in the marketplace and with public entities, public service bodies, Councils and non-profit organisations;

        (b)     to promote informed decision-making by small businesses in order to minimise disputes;

        (c)     to receive and investigate complaints by small businesses regarding unfair market practices or commercial dealings, and provide alternative dispute resolution between the parties involved in the complaint;

        (d)     to make representations to an appropriate person or body on behalf of a small business that has made a complaint referred to in paragraph (c);

        (e)     to provide alternative dispute resolution to small businesses involved in disputes;

        (f)     to monitor and report to the Minister on any emerging trends in market practices that have an adverse effect on small businesses;

        (g)     to encourage the development and implementation of small business service charters within government to ensure small businesses receive high quality service;

        (h)     to monitor the operation and effectiveness of those small business service charters;

              (i)     as required by the Minister, and in consultation with the Secretary, to review proposed legislation in terms of its potential to adversely affect small businesses;

        (j)     to work collaboratively with similar small business commissioners in other States or the Territories, or similar Commonwealth agencies, to enhance conditions for small businesses;

        (k)     to investigate compliance with industry codes of practice and to assist with the development and provision of industry codes of practice that promote alternative dispute resolution;

        (l)     to advise the Minister generally about matters for which the Commission is responsible;

        (m)     to advise the Minister on the operation of this Act.

    (3)     The Commission may carry out its functions and exercise its powers at the request of the Minister or any other person or body or on its own motion.

    (4)     The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

    (5)     The functions of the Commission do not include the development of legislation and regulatory policy relating to small business and related matters.

    (6)     The Commission may advise or comment on the development of legislation and regulatory policy relating to small business and related matters.

    (7)     The Commission is responsible to the Secretary for the general conduct and management of the functions and activities of the Commission and must advise the Secretary in all matters relating to that conduct and management.

    (8)     The Secretary must take reasonable steps to ensure that adequate resources are made available to the Commission to enable it to carry out its functions and exercise its powers.



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