Commonwealth Consolidated Acts

AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN ACT 2015

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Simplified outline of this Act  
   4.      Definitions  
   5.      Meaning of small business  
   6.      Meaning of family enterprise  
   7.      Meaning of action  
   8.      Meaning of agency of the Commonwealth, a State or a Territory  
   9.      Meaning of confidential information  
   10.     Act binds the Crown  
   11.     Extension to Territories  

   PART 2--AUSTRALIAN--SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN

           Division 1--Establishment and functions and powers of the Australian Small Business and Family Enterprise Ombudsman

   12.     Establishment  
   13.     Functions of the Ombudsman  
   14.     The advocacy function  
   15.     The assistance function  
   16.     General policy guidelines  
   17.     Flexibility and range of working methods in performance of the Ombudsman's functions  
   18.     Ombudsman's powers  
   19.     Delegation by the Ombudsman  
   20.     Directions from the Minister  
   21.     Minister may require reports  
   22.     Ombudsman is an official for the purposes of the finance law  
   23.     Annual report  

           Division 2--Appointment and terms and conditions of the Australian Small Business and Family Enterprise Ombudsman

   24.     Appointment  
   25.     Remuneration  
   26.     Leave of absence  
   27.     Outside work  
   28.     Resignation  
   29.     Disclosure of interests  
   30.     Termination of appointment  
   31.     Other terms and conditions  
   32.     Acting appointments  

           Division 3--Persons assisting the Australian Small Business and Family Enterprise Ombudsman

   33.     Staff  
   34.     Consultants  

   PART 3--ADVOCATING--FOR SMALL BUSINESSES AND FAMILY ENTERPRISES

           Division 1--Preliminary

   35.     Constitutional connection--meaning of relevant legislation, policies and practices  

           Division 2--Research and inquiries on Ombudsman's own initiative

   36.     Research and inquiries  
   37.     Notice to person to provide information and documents  
   38.     Documents produced in relation to research or inquiry  
   39.     Limitation on powers  
   40.     Reports to the Minister  
   41.     Minister may publish Ombudsman's report  

           Division 3--Minister may refer matter to Ombudsman for inquiry

              Subdivision A--Referral by Minister

   42.     Minister may refer a matter for inquiry  

              Subdivision B--Notice of inquiry

   43.     Notice of inquiry  

              Subdivision C--Hearings

   44.     Application of this Subdivision  
   45.     Notice of hearings  
   46.     Procedure at hearings  
   47.     Notice to person to provide information and documents  
   48.     Summons to person to attend hearing  
   49.     Refusal to answer questions or produce documents  
   50.     Documents produced in relation to inquiry  
   51.     Allowances to witnesses  
   52.     Restrictions on publication of evidence  
   53.     Written statements etc. to be made public  
   54.     Limitation on powers  

              Subdivision D--Report of inquiry

   55.     Ombudsman must prepare a report on the inquiry  
   56.     Report of inquiry to be tabled  

           Division 4--Providing advice to the Minister

   57.     Minister may refer a matter for advice  
   58.     Minister may publish Ombudsman's advice  

           Division 5--National strategies

   59.     Working co - operatively with Commonwealth, State and Territory agencies  
   60.     Secretariat services and research services  

           Division 6--Other advocacy functions

   61.     Contributing to inquiries into relevant legislation, policies and practices  
   62.     Reviewing proposals relating to relevant legislation, policies and practices  
   63.     Minister may publish advice given as a result of a review  
   64.     Promoting best practice  

   PART 4--ASSISTING--A SMALL BUSINESS OR FAMILY ENTERPRISE

           Division 1--Preliminary

   65.     Constitutional connection--meaning of relevant action  

           Division 2--Responding to requests for assistance

   66.     Requests for assistance  
   67.     Circumstances in which Ombudsman authorised to deal with a request for assistance  
   68.     Circumstances in which Ombudsman may decide not to provide assistance  
   69.     Circumstances in which the Ombudsman must transfer a request for assistance to another agency  
   70.     Circumstances in which the Ombudsman may work co - operatively with another agency to give assistance  

           Division 3--Assistance in a dispute

   71.     Ombudsman may recommend alternative dispute resolution process  
   72.     List of alternative dispute resolution providers  
   73.     Alternative dispute resolution processes not to be conducted by the Ombudsman  
   74.     Publishing failure to participate in alternative dispute resolution process  

           Division 3A--Assistance where there may be a contravention of the Competition and Consumer Act 2010

   74A.    Application of this Division  
   74B.    Ombudsman may give assistance in relation to costs order  

           Division 4--Gathering information about requests for assistance

   75.     Inquiries in relation to a request for assistance  
   76.     Notice to person to provide information and documents  
   77.     Documents produced in relation to inquiry  
   78.     Limitation on powers  

   PART 5--GENERAL--REQUIREMENTS

           Division 1--Concurrent operation of State Law

   79.     Concurrent operation of State law  

           Division 2--Secrecy

   80.     Meaning of protected information  
   81.     Meaning of person assisting small business/family enterprise  
   82.     Use or disclosure of protected information  
   83.     Disclosure or use for the purposes of this Act  
   84.     Disclosure to the Minister  
   85.     Disclosure to the Secretary etc.  
   86.     Disclosure to certain agencies, bodies and persons  
   87.     Disclosure with consent  
   88.     Disclosure to reduce threat to life or health  
   89.     Disclosure of publicly available information  
   90.     Disclosure of summaries or statistics  
   91.     Disclosure for purposes of law enforcement and national security  
   91A.    Disclosure for the purposes of a no adverse costs order under the Competition and Consumer Act 2010  

           Division 3--Review of decisions

   92.     Review by the Administrative Review Tribunal  

           Division 4--Other matters

   93.     Privileges not abrogated  
   94.     Provisions of other Acts in relation to information and documents  
   95.     Review of assistance function  
   96.     Legislative instrument