Small Business Commission Act 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Small Business Commission Act 2017 No. 16 of 2017 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 Part 2—Small Business Commission 5 Division 1—Small Business Commission 5 4 Establishment of Small Business Commission 5 5 Functions and powers of Commission 5 6 Commission may request information to perform its functions 7 7 Obligations of public entities and public service bodies 7 8 Commission must seek consent before disclosing confidential information 8 9 Commission may refuse to deal with certain complaints 8 10 Commission's alternative dispute resolution function 9 11 Commission's investigatory function 9 12 Power to issue certificates 9 13 Advisory opinions 10 14 Staff 10 15 Delegation 10 16 Reporting 10 17 Ministerial directions 12 Division 2—Small Business Commissioner 12 18 Appointment of Small Business Commissioner 12 19 Terms and conditions of appointment 12 20 Acting Commissioner 13 21 Functions and powers of Commissioner 15 22 Validity of acts and decisions 15 23 Immunity for the alternative dispute resolution function 15 Part 3—Amendment of other Acts 16 Division 1—Amendments to the Transport (Compliance and Miscellaneous) Act 1983 16 24 Definition 16 -- 1 of 34 -- Section Page ii Authorised by the Chief Parliamentary Counsel 25 Unresolved disputes may be referred to Small Business Commissioner or the Tribunal 16 26 Function of Small Business Commissioner 16 27 Mediation or other alternative dispute resolution by Small Business Commissioner 17 28 Small Business Commissioner may issue certificates 17 Division 2—Amendments to the Victorian Civil and Administrative Tribunal Act 1998 18 29 Intervention 18 Division 3—Amendments to the Liquor Control Reform Act 1998 19 30 Packaged liquor licence 19 31 Specification of certain licences as small business licences 19 Division 4—Amendments to the Retail Leases Act 2003 19 32 Definitions 19 33 Copy of lease to be provided at negotiation stage 19 34 Minimum 5 year term 20 35 Alterations to premises to enable fit out 20 36 Agreement about rent based on turnover 20 37 Rent reviews generally 20 38 Rent reviews based on current market rent 20 39 Confidentiality of information supplied to valuer 20 40 Relocation of the tenant's business 20 41 Confidentiality of turnover information 21 42 New heading to Division 2 of Part 10 substituted 21 43 Functions of the Small Business Commissioner 21 44 Referral of retail tenancy disputes for alternative dispute resolution 22 45 Retail tenancy disputes must first be referred for alternative dispute resolution 22 Division 5—Amendments to the Owner Drivers and Forestry Contractors Act 2005 22 46 Purpose 22 47 Definitions 23 48 Notice of termination 23 49 Referral of disputes for alternative dispute resolution 23 50 Disputes must first be referred for alternative dispute resolution before proceeding to the Tribunal 24 51 Part 6 heading amended 24 52 Functions of the Small Business Commissioner under this Act 24 Division 6—Amendments to the Farm Debt Mediation Act 2011 25 53 Definitions 25 54 Farmer may request mediation 25 -- 2 of 34 -- Section Page iii Authorised by the Chief Parliamentary Counsel 55 Creditor may agree to or refuse mediation 26 56 Referral of mediation by Department 26 57 Application by farmer for issue of prohibition certificate 26 58 Issue of prohibition certificate 26 59 Application by creditor for issue of exemption certificate 26 60 Issue of exemption certificate 26 61 Heading to Part 3 amended 27 62 New heading to Division 1 of Part 3 substituted 27 63 Functions of the Small Business Commissioner 27 64 Functions of mediators 28 65 Referral of farm debt disputes for mediation 28 66 Conduct of mediation 28 67 Mediation session fee 28 68 Costs of mediation 28 69 Manner of giving notices 28 Division 7—Repeal of Part 29 70 Repeal of Part 29 Part 4—Repeal, savings and transitional provisions 30 Division 1—Repeal of Small Business Commissioner Act 2003 30 71 Repeal of Small Business Commissioner Act 2003 30 Division 2—Savings and transitional provisions 30 72 Transitional provision relating to establishment of Small Business Commission 30 ═══════════════ Endnotes 31 1 General information 31 -- 3 of 34 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Small Business Commission Act 2017† No. 16 of 2017 [Assented to 10 May 2017] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to repeal the Small Business Commissioner Act 2003; and (b) to re-enact the law in relation to the Small Business Commission with amendments; and (c) to establish the Small Business Commission to enhance a competitive and fair operating environment for small business in Victoria. Victoria -- 4 of 34 -- Part 1—Preliminary Small Business Commission Act 2017 No. 16 of 2017 2 Authorised by the Chief Parliamentary Counsel 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision referred to in subsection (1) does not come into operation before 15 December 2017, it comes into operation on that day. 3 Definitions In this Act— alternative dispute resolution includes mediation and preliminary assistance; Commission means the Small Business Commission established by section 4; Commissioner means the Small Business Commissioner appointed under section 18; Council has the same meaning as in the Local Government Act 1989; dispute means a contractual or commercial dispute between a small business and one or more of the following— (a) another business; (b) a public entity; (c) a public service body; (d) a Council; (e) a non-profit organisation; (f) a school, RTO, TAFE institute or university; (g) a special body, other than— (i) the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; -- 5 of 34 -- Part 1—Preliminary Small Business Commission Act 2017 No. 16 of 2017 3 Authorised by the Chief Parliamentary Counsel (ii) the office of the Ombudsman; (iii) the office of the Freedom of Information Commissioner; (iv) the Mental Health Tribunal; (v) the Victorian Auditor-General's office; (vi) VCAT; (vii) the Victorian Inspectorate within the meaning of the Victorian Inspectorate Act 2011; (h) a professional association; (i) a peak business, industry or trade body; non-profit organisation means an organisation having as its whole or dominant purpose a charitable, benevolent, philanthropic or patriotic purpose but does not include a school, an educational institution, an educational company or an instrumentality of the State; public entity has the same meaning as in the Public Administration Act 2004; public service body has the same meaning as in the Public Administration Act 2004; RTO has the same meaning as in the Education and Training Reform Act 2006; school has the same meaning as in the Education and Training Reform Act 2006; Secretary means the Secretary to the Department of Economic Development, Jobs, Transport and Resources; special body has the same meaning as in the Public Administration Act 2004; -- 6 of 34 -- Part 1—Preliminary Small Business Commission Act 2017 No. 16 of 2017 4 Authorised by the Chief Parliamentary Counsel TAFE institute has the same meaning as in the Education and Training Reform Act 2006; university has the same meaning as in the Education and Training Reform Act 2006. -- 7 of 34 -- Part 2—Small Business Commission Small Business Commission Act 2017 No. 16 of 2017 5 Authorised by the Chief Parliamentary Counsel Part 2—Small Business Commission Division 1—Small Business Commission 4 Establishment of Small Business Commission (1) The Small Business Commission is established. (2) The Small Business Commission is to be constituted by the Commissioner. 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; -- 8 of 34 -- Part 2—Small Business Commission Small Business Commission Act 2017 No. 16 of 2017 6 Authorised by the Chief Parliamentary Counsel (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. -- 9 of 34 -- Part 2—Small Business Commission Small Business Commission Act 2017 No. 16 of 2017 7 Authorised by the Chief Parliamentary Counsel (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. 6 Commission may request information to perform its functions (1) For the purpose of carrying out its functions, the Commission, by written notice delivered to a public entity or public service body, may make a reasonable request for the entity or body to provide information of a kind specified in the notice. (2) The Commission must not disclose to any person any document that it has obtained from any agency (as defined in the Freedom of Information Act 1982) or Minister that is an exempt document under the Freedom of Information Act 1982 in the hands of the agency or Minister. 7 Obligations of public entities and public service bodies A public entity or public service body must respond to a reasonable request under section 6(1) in a timely and efficient manner. -- 10 of 34 -- Part 2—Small Business Commission Small Business Commission Act 2017 No. 16 of 2017 8 Authorised by the Chief Parliamentary Counsel 8 Commission must seek consent before disclosing confidential information (1) This section applies if— (a) information or a document is given to the Commission; and (b) the person or body giving the information or document states that it is of a confidential nature. (2) The Commission must not disclose the information or the contents of the document to any person or body unless— (a) the person or body who supplied the information or document has consented to the disclosure; or (b) the disclosure is lawfully required. 9 Commission may refuse to deal with certain complaints (1) The Commission may refuse to deal with a complaint received by the Commission if the Commission is satisfied that— (a) the complaint is trivial or vexatious; or (b) the complaint is unlikely to be resolved through alternative dispute resolution; or (c) the complaint could be more appropriately dealt with by a public entity, public service body or any other person. (2) If the Commission refuses to deal with a complaint under subsection (1), the Commission must give written notice to the person who made the complaint and, if applicable, details of the public entity, public service body or person to be contacted regarding the complaint. -- 11 of 34 -- Part 2—Small Business Commission Small Business Commission Act 2017 No. 16 of 2017 9 Authorised by the Chief Parliamentary Counsel 10 Commission's alternative dispute resolution function (1) In performing its alternative dispute resolution function under this Act, the Commission may determine the form of alternative dispute resolution to be used in the dispute. (2) The Commission may charge fees and expenses for performing its alternative dispute resolution function. (3) Subsection (2) does not affect the power of the Commission to charge fees and expenses under any other Act. 11 Commission's investigatory function The Commission may investigate any matter relevant to the Commission's functions and powers under this Act. 12 Power to issue certificates (1) The Commission may certify in writing that alternative dispute resolution performed under this Act has failed to resolve a dispute or is unlikely to resolve a dispute. (2) A certificate issued under subsection (1) must include details of the parties involved in the dispute. (3) The Commission may certify that a party to the dispute has unreasonably refused to participate in alternative dispute resolution. (4) A certificate issued under this section may be admitted in evidence in proceedings before VCAT or a court. (5) The Commission is not required to give a party to the dispute an opportunity to be heard or make submissions to the Commission before issuing a certificate under this section. -- 12 of 34 -- Part 2—Small Business Commission Small Business Commission Act 2017 No. 16 of 2017 10 Authorised by the Chief Parliamentary Counsel 13 Advisory opinions (1) The Commission may refer a matter to VCAT for an advisory opinion under section 125 of the Victorian Civil and Administrative Tribunal Act 1998. (2) For the purposes of subsection (1), the Commission may refer any matter relating to the performance of its functions or the exercise of its powers under this Act or under any other Act. (3) Before the Commission refers a matter to VCAT, the Commission must be satisfied that the referral of the matter is in the public interest. 14 Staff (1) There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary for the administration of this Act or to enable the Commission to perform its functions and exercise its powers. (2) The Commission may engage consultants, contractors or agents for or in connection with the performance of its functions. 15 Delegation The Commission, by instrument in writing, may delegate to any person employed under Part 3 of the Public Administration Act 2004 any power under this Act, other than this power of delegation. 16 Reporting (1) The Small Business Commission is not a public body within the meaning of the Financial Management Act 1994. -- 13 of 34 -- Part 2—Small Business Commission Small Business Commission Act 2017 No. 16 of 2017 11 Authorised by the Chief Parliamentary Counsel (2) The Commission must, within 3 months after the end of a financial year, submit a report to the Minister relating to the operation and performance of the Commission as if it were an annual report of operations under Part 7 of the Financial Management Act 1994. (3) 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. (4) Subject to subsection (5), a report submitted to the Minister may include details of a certificate issued under section 12(3) certifying that a party to a dispute has unreasonably refused to participate in alternative dispute resolution. (5) Before the details of the certificate are included in the report, the Commission must give written notice to the party specifying— (a) the Commission's intention to include the details of the certificate in the report; and (b) that the party may make submissions to the Commission within 21 days giving reasons why details of the certificate should not be included in the report. (6) If a party makes any submissions to the Commission within 21 days after receiving the notice, the Commission must consider those submissions. (7) If the Commission intends to include in a report submitted to the Minister a comment or opinion that is adverse to any person, other than the details of a certificate referred to in subsection (4), the Commission must first give the person a reasonable opportunity to respond -- 14 of 34 -- Part 2—Small Business Commission Small Business Commission Act 2017 No. 16 of 2017 12 Authorised by the Chief Parliamentary Counsel to the adverse material and fairly set out the response in the report. (8) The Commission must not include in the report any information that would identify any person who is not the subject of any adverse comment or opinion unless the Commission— (a) is satisfied that it is necessary or desirable to do so in the public interest; and (b) is satisfied that it will not cause unreasonable damage to the person's reputation, safety or wellbeing; and (c) states in the report that the person is not the subject of any adverse comment or opinion. 17 Ministerial directions The Minister may give written directions to the Commission about the performance of the functions of the Commission except those functions under this or any other Act that are expressed to be not subject to the Minister's direction or control. Division 2—Small Business Commissioner 18 Appointment of Small Business Commissioner The Governor in Council may appoint a person to be the Small Business Commissioner. 19 Terms and conditions of appointment (1) The Commissioner holds office for a term, not exceeding 5 years, specified in the Commissioner's 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. -- 15 of 34 -- Part 2—Small Business Commission Small Business Commission Act 2017 No. 16 of 2017 13 Authorised by the Chief Parliamentary Counsel (3) The Commissioner is entitled to be paid the remuneration and allowances that are fixed from time to time by the Governor in Council. (4) The Commissioner ceases to hold office if the Commissioner— (a) becomes an insolvent under administration within the meaning of the Corporations Act; or (b) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence. (5) The Governor in Council may remove the Commissioner from office if the Commissioner has refused, neglected or failed to carry out the Commissioner's duties or has demonstrated inefficiency or misbehaviour in carrying out the Commissioner's duties. (6) The Commissioner may at any time resign by writing signed and delivered to the Governor. 20 Acting Commissioner (1) The Minister may appoint an Acting Commissioner— (a) during a vacancy in the office of 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— (a) appoint an Acting Commissioner for a period not exceeding 6 months; and (b) determine the terms and conditions of appointment of the Acting Commissioner; and -- 16 of 34 -- Part 2—Small Business Commission Small Business Commission Act 2017 No. 16 of 2017 14 Authorised by the Chief Parliamentary Counsel (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 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 subsection (1), the Acting Commissioner has all the functions and powers of the Commissioner. (5) If a person is acting in the office of the Commissioner in accordance with subsection (1)(b) and the office becomes vacant while the person is so acting, that person may continue to so 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. (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 subsection (1) is not to be called in question on the ground that— (a) the occasion for the person's appointment has not arisen; or (b) there is a defect or irregularity in or in connection with the person's appointment; or (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. -- 17 of 34 -- Part 2—Small Business Commission Small Business Commission Act 2017 No. 16 of 2017 15 Authorised by the Chief Parliamentary Counsel 21 Functions and powers of Commissioner (1) The Commissioner has all the functions and powers of the Commission. (2) All acts and things done by the Commissioner in the name of or on behalf of the Commission are taken to have been done by the Commission. 22 Validity of acts and decisions An act or decision of the Commission 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 Acting Commissioner to act had not arisen or had ceased. 23 Immunity for the alternative dispute resolution function The Commissioner or another person who performs an alternative dispute resolution function of the Commission under this Act or under any other Act is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith— (a) in the performance of the function; or (b) in the reasonable belief that the act or omission was in the performance of the function. -- 18 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 16 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of other Acts Division 1—Amendments to the Transport (Compliance and Miscellaneous) Act 1983 24 Definition In section 162J of the Transport (Compliance and Miscellaneous) Act 1983— (a) the definition of Small Business Commissioner is repealed; (b) insert the following definition— "Small Business Commission means the Small Business Commission established under section 4 of the Small Business Commission Act 2017;". 25 Unresolved disputes may be referred to Small Business Commissioner or the Tribunal (1) In the heading to section 162MC of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" substitute "Commission". (2) In section 162MC(1)(b), (2)(a) and (4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" substitute "Commission". 26 Function of Small Business Commissioner (1) In the heading to section 162N of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" substitute "Commission". (2) In section 162N(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" (where thrice occurring) substitute "Commission". -- 19 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 17 Authorised by the Chief Parliamentary Counsel (3) In section 162N(2) of the Transport (Compliance and Miscellaneous) Act 1983— (a) for "Commissioner" substitute "Commission"; (b) for "himself or herself" substitute "itself"; (c) for "his or her" substitute "its". (4) In section 162N(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" substitute "Commission". 27 Mediation or other alternative dispute resolution by Small Business Commissioner (1) In the heading to section 162P of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" substitute "Commission". (2) In section 162P(1) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" substitute "Commission". (3) In section 162P(3) of the Transport (Compliance and Miscellaneous) Act 1983— (a) for "Commissioner" substitute "Commission"; (b) for "he or she" substitute "it". (4) In section 162P(4) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" substitute "Commission". 28 Small Business Commissioner may issue certificates (1) In the heading to section 162PA of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" substitute "Commission". -- 20 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 18 Authorised by the Chief Parliamentary Counsel (2) In section 162PA(1) of the Transport (Compliance and Miscellaneous) Act 1983— (a) for "Commissioner" substitute "Commission"; (b) for "him or her" substitute "it". (3) In section 162PA(3) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" substitute "Commission". (4) In section 162PA(5) of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" (where twice occurring) substitute "Commission". (5) In section 162PB of the Transport (Compliance and Miscellaneous) Act 1983, for "Commissioner" substitute "Commission". Division 2—Amendments to the Victorian Civil and Administrative Tribunal Act 1998 29 Intervention (1) In section 73(2A) of the Victorian Civil and Administrative Tribunal Act 1998— (a) for "Commissioner appointed" substitute "Commission established"; (b) for "Small Business Commissioner Act 2003" substitute "Small Business Commission Act 2017". (2) In section 73(2B) of the Victorian Civil and Administrative Tribunal Act 1998— (a) for "Commissioner" substitute "Commission"; (b) for "he or she" substitute "it". -- 21 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 19 Authorised by the Chief Parliamentary Counsel (3) In section 73(4) of the Victorian Civil and Administrative Tribunal Act 1998, for "Commissioner" substitute "Commission". Division 3—Amendments to the Liquor Control Reform Act 1998 30 Packaged liquor licence Section 11(8) of the Liquor Control Reform Act 1998 is repealed. 31 Specification of certain licences as small business licences In section 66AC(2)(a) of the Liquor Control Reform Act 1998, for "Small Business Commissioner Act 2003" substitute "Small Business Commission Act 2017". Division 4—Amendments to the Retail Leases Act 2003 32 Definitions In section 3 of the Retail Leases Act 2003— (a) the definition of Small Business Commissioner is repealed; (b) insert the following definition— "Small Business Commission means the Small Business Commission established under section 4 of the Small Business Commission Act 2017;". 33 Copy of lease to be provided at negotiation stage In section 15(1) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". -- 22 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 20 Authorised by the Chief Parliamentary Counsel 34 Minimum 5 year term (1) In section 21(5)(a) of the Retail Leases Act 2003— (a) for "Commissioner" substitute "Commission"; (b) for "he or she" substitute "it"; (c) for "his or her" substitute "its". (2) In section 21(5A) and (6) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". 35 Alterations to premises to enable fit out In section 30(4) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". 36 Agreement about rent based on turnover In section 34(2)(b) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". 37 Rent reviews generally In section 35(7)(b) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". 38 Rent reviews based on current market rent In section 37(3)(b) and (7)(a) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". 39 Confidentiality of information supplied to valuer In section 38(2)(a) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". 40 Relocation of the tenant's business In section 55(8)(b) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". -- 23 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 21 Authorised by the Chief Parliamentary Counsel 41 Confidentiality of turnover information In section 67(2)(c) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". 42 New heading to Division 2 of Part 10 substituted For the heading to Division 2 of Part 10 of the Retail Leases Act 2003 substitute— "Division 2—Small Business Commission". 43 Functions of the Small Business Commissioner (1) In the heading to section 84 of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". (2) In section 84(1) of the Retail Leases Act 2003— (a) for "Commissioner" substitute "Commission"; (b) in paragraph (a), for "Commissioner" substitute "Commission"; (c) in paragraph (d), for "Commissioner" (where twice occurring) substitute "Commission"; (d) in paragraph (h), for "Commissioner" substitute "Commission". (3) In section 84(2) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". (4) In section 84(3) of the Retail Leases Act 2003— (a) for "Commissioner" substitute "Commission"; (b) for "himself or herself" substitute "itself"; (c) for "his or her" substitute "its". -- 24 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 22 Authorised by the Chief Parliamentary Counsel (5) In section 84(4) and (5) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". 44 Referral of retail tenancy disputes for alternative dispute resolution (1) In section 86(1), (1A) and (1B) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". (2) In the note at the foot of section 86(2) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". (3) In section 86(2A) of the Retail Leases Act 2003— (a) for "Commissioner" substitute "Commission"; (b) for "he or she" substitute "it". (4) In section 86(3) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". 45 Retail tenancy disputes must first be referred for alternative dispute resolution In section 87(1) of the Retail Leases Act 2003, for "Commissioner" substitute "Commission". Division 5—Amendments to the Owner Drivers and Forestry Contractors Act 2005 46 Purpose In section 1(e) of the Owner Drivers and Forestry Contractors Act 2005, for "Commissioner" substitute "Commission". -- 25 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 23 Authorised by the Chief Parliamentary Counsel 47 Definitions In section 3 of the Owner Drivers and Forestry Contractors Act 2005— (a) the definition of Small Business Commissioner is repealed; (b) insert the following definition— "Small Business Commission means the Small Business Commission established under section 4 of the Small Business Commission Act 2017;". 48 Notice of termination (1) In section 21(2)(a) of the Owner Drivers and Forestry Contractors Act 2005— (a) for "Commissioner" substitute "Commission"; (b) for "he or she" substitute "it"; (c) for "his or her" substitute "its". (2) In section 21(3) of the Owner Drivers and Forestry Contractors Act 2005, for "Commissioner" substitute "Commission". 49 Referral of disputes for alternative dispute resolution (1) In section 35(1) and (2) of the Owner Drivers and Forestry Contractors Act 2005, for "Commissioner" substitute "Commission". (2) For the note at the foot of section 35(2) of the Owner Drivers and Forestry Contractors Act 2005 substitute— "Note The parties may ask the Commission for preliminary assistance before referring the dispute (see section 34).". -- 26 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 24 Authorised by the Chief Parliamentary Counsel (3) In section 35(3) of the Owner Drivers and Forestry Contractors Act 2005, for "Commissioner" substitute "Commission". 50 Disputes must first be referred for alternative dispute resolution before proceeding to the Tribunal In section 40(1) of the Owner Drivers and Forestry Contractors Act 2005, for "Commissioner" substitute "Commission". 51 Part 6 heading amended In the heading to Part 6 of the Owner Drivers and Forestry Contractors Act 2005, for "COMMISSIONER" substitute "COMMISSION". 52 Functions of the Small Business Commissioner under this Act (1) In the heading to section 54 of the Owner Drivers and Forestry Contractors Act 2005, for "Commissioner" substitute "Commission". (2) In section 54(1) of the Owner Drivers and Forestry Contractors Act 2005— (a) for "Commissioner" substitute "Commission"; (b) in paragraph (a), for "Commissioner" substitute "Commission"; (c) in paragraph (b), for "Commissioner" substitute "Commission". (3) In section 54(2) of the Owner Drivers and Forestry Contractors Act 2005, for "Commissioner" substitute "Commission". -- 27 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 25 Authorised by the Chief Parliamentary Counsel (4) In section 54(3) of the Owner Drivers and Forestry Contractors Act 2005— (a) for "Commissioner may personally" substitute "Commission may itself"; (b) for "his or her" substitute "its". (5) In section 54(4) of the Owner Drivers and Forestry Contractors Act 2005— (a) for "Commissioner" substitute "Commission"; (b) for "his or her" substitute "its". Division 6—Amendments to the Farm Debt Mediation Act 2011 53 Definitions In section 3 of the Farm Debt Mediation Act 2011— (a) in the definition of mediator, for "Commissioner" substitute "Commission"; (b) the definition of Small Business Commissioner is repealed; (c) insert the following definition— "Small Business Commission means the Small Business Commission established under section 4 of the Small Business Commission Act 2017;". 54 Farmer may request mediation In section 9(5) of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". -- 28 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 26 Authorised by the Chief Parliamentary Counsel 55 Creditor may agree to or refuse mediation In section 10(3)(b) of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". 56 Referral of mediation by Department In section 11 of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". 57 Application by farmer for issue of prohibition certificate In section 13(1) of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". 58 Issue of prohibition certificate In section 14(1) of the Farm Debt Mediation Act 2011— (a) for "Commissioner" substitute "Commission"; (b) in paragraph (d), for "Commissioner" substitute "Commission". 59 Application by creditor for issue of exemption certificate In section 15(1) and (2) of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". 60 Issue of exemption certificate (1) In section 16(2) of the Farm Debt Mediation Act 2011— (a) for "Commissioner" substitute "Commission"; (b) in paragraph (c), for "Commissioner" substitute "Commission". -- 29 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 27 Authorised by the Chief Parliamentary Counsel (2) In section 16(3) of the Farm Debt Mediation Act 2011, for "Commissioner" (where twice occurring) substitute "Commission". (3) In section 16(4) of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". 61 Heading to Part 3 amended In the heading to Part 3 of the Farm Debt Mediation Act 2011, for "COMMISSIONER" substitute "COMMISSION". 62 New heading to Division 1 of Part 3 substituted For the heading to Division 1 of Part 3 of the Farm Debt Mediation Act 2011 substitute— "Division 1—The Small Business Commission and mediators". 63 Functions of the Small Business Commissioner (1) In the heading to section 20 of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". (2) In section 20(1) of the Farm Debt Mediation Act 2011— (a) for "Commissioner" substitute "Commission"; (b) in paragraphs (a), (e) and (f), for "Commissioner" substitute "Commission". (3) In section 20(2) and (3) of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". -- 30 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 28 Authorised by the Chief Parliamentary Counsel 64 Functions of mediators In section 21(1) of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". 65 Referral of farm debt disputes for mediation In section 22 of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". 66 Conduct of mediation In section 23(2) and (3)(b) of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". 67 Mediation session fee (1) In section 24(2) of the Farm Debt Mediation Act 2011— (a) for "Commissioner" substitute "Commission"; (b) in paragraph (b), for "Commissioner" substitute "Commission". (2) In section 24(3) of the Farm Debt Mediation Act 2011, for "Commissioner" (where twice occurring) substitute "Commission". 68 Costs of mediation In section 25(1) and (2) of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". 69 Manner of giving notices In section 32(1) and (2) of the Farm Debt Mediation Act 2011, for "Commissioner" substitute "Commission". -- 31 of 34 -- Part 3—Amendment of other Acts Small Business Commission Act 2017 No. 16 of 2017 29 Authorised by the Chief Parliamentary Counsel Division 7—Repeal of Part 70 Repeal of Part This Part is repealed on 15 December 2018. Note The repeal of this Part does not affect the ongoing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). -- 32 of 34 -- Part 4—Repeal, savings and transitional provisions Small Business Commission Act 2017 No. 16 of 2017 30 Authorised by the Chief Parliamentary Counsel Part 4—Repeal, savings and transitional provisions Division 1—Repeal of Small Business Commissioner Act 2003 71 Repeal of Small Business Commissioner Act 2003 The Small Business Commissioner Act 2003 is repealed. Division 2—Savings and transitional provisions 72 Transitional provision relating to establishment of Small Business Commission (1) In this section— commencement day means the day on which section 4 comes into operation; 2003 Act Commissioner means the Small Business Commissioner appointed under the Small Business Commissioner Act 2003 and holding office immediately before the commencement day. (2) On and from the commencement day— (a) The 2003 Act Commissioner is taken to be appointed as the Commissioner under section 18 on the same terms and conditions as set out in the instrument of appointment of the 2003 Act Commissioner as in force immediately before the commencement day; and (b) any dispute in respect of which, immediately before the commencement day, a certificate had not been issued by the 2003 Act Commissioner may be concluded by the Commission. ═══════════════ -- 33 of 34 -- Endnotes Small Business Commission Act 2017 No. 16 of 2017 31 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 9 November 2016 Legislative Council: 24 November 2016 The long title for the Bill for this Act was "A Bill for an Act to repeal the Small Business Commissioner Act 2003 and to re-enact the law in relation to the Small Business Commission with amendments, to establish the Small Business Commission so as to enhance a competitive and fair operating environment for small business in Victoria and for other purposes." -- 34 of 34 --