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Australian Small Business and Family Enterprise Ombudsman Act 2015
In force
Administered by
Department of the Treasury
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C2024C00563 (C03)
14 October 2024
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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
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Part 2—Australian Small Business and Family Enterprise Ombudsman
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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
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Part 3—Advocating for small businesses and family enterprises
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Division 1—Preliminary
35 Constitutional connection—meaning of relevant legislation, policies and practices
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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
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Division 3—Minister may refer matter to Ombudsman for inquiry
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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
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Part 4—Assisting a small business or family enterprise
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Division 1—Preliminary
65 Constitutional connection—meaning of relevant action
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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
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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
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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
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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
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Part 5—General requirements
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Division 1—Concurrent operation of State Law
79 Concurrent operation of State law
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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
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Division 3—Review of decisions
92 Review by the Administrative Review Tribunal
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history