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AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN ACT 2015 - SECT 91A

Disclosure for the purposes of a no adverse costs order under the Competition and Consumer Act 2010

  (1)   This section applies if the relevant action in relation to which a person (the applicant ) requests the Ombudsman to give assistance is conduct, within the meaning of the Competition and Consumer Act 2010 , that:

  (a)   may be in contravention of a provision of Part   IV of that Act; and

  (b)   affects, or may affect, a small business or family enterprise.

  (2)   A person assisting small business/family enterprise may disclose to the applicant any document or information obtained by the person assisting small business/family enterprise in the course of performing functions or duties, or exercising powers, in relation to assistance given to the applicant under section   74B.

Note:   Section   74B allows the Ombudsman to give assistance in relation to a no adverse costs order in proceedings to recover the amount of any loss or damage as a result of contraventions of the Competition and Consumer Act 2010 . This assistance may include advising the applicant on the arguments that might be made, and the evidence that might be adduced, in pursuing a no adverse costs order, and preparing arguments.



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