Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 123, 2015
Compilation No. 3
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Australian Small Business and Family Enterprise Ombudsman Act 2015 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline of this Act
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Australian Small Business and Family Enterprise Ombudsman Act 2015 | 123, 2015 | 10 Sept 2015 | s 3-96: 10 Mar 2016 (s 2(1) item 2) |
|
93, 2017 | 23 Aug 2017 | Sch 2 (item 2): 20 Sept 2017 (s 2(1) item 4) | -- | |
Treasury Laws Amendment (2018 Measures No. 5) Act 2019 | 15, 2019 | 12 Mar 2019 | Sch 5 (items 1-6): 13 Mar 2019 (s 2(1) item 6) | -- |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 1 (item 53): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 7..................... | am No 15, 2019 |
Part 2 |
|
Division 1 |
|
s 15.................... | am No 15, 2019 |
s 20.................... | am No 93, 2017 |
s 23.................... | am No 15, 2019 |
Part 4 |
|
Division 1 |
|
s 65.................... | am No 15, 2019 |
Division 3A |
|
Division 3A............... | ad No 15, 2019 |
s 74A................... | ad No 15, 2019 |
s 74B................... | ad No 15, 2019 |
Part 5 |
|
Division 2 |
|
s 91A................... | ad No 15, 2019 |
Division 3 |
|
s 92.................... | am No 38, 2024 |