Small Business Commissioner Act 2013 (NSW)

Small Business Commissioner Act 2013 No 22

An Act to create the office of Small Business Commissioner and to provide for the objectives and functions of that office; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Small Business Commissioner Act 2013.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act: Commissioner means the Small Business Commissioner appointed under this Act. function includes a power, authority or duty, and exercise a function includes perform a duty. government agency means: (a) a public authority constituted by or under an Act, or (b) a NSW Government agency, or (c) a Public Service agency within the meaning of the Government Sector Employment Act 2013, or (d) a council (within the meaning of the Local Government Act 1993) or other local authority, or (e) a State owned corporation. (2) Notes included in this Act do not form part of this Act.

Part 2 Small Business Commissioner

Division 1 Appointment of Small Business Commissioner

4 Appointment of Small Business Commissioner (1) The Governor may, on the recommendation of the Minister, appoint a Small Business Commissioner. (2) The office of Commissioner is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office.

5 The Minister The Commissioner is subject to the control and direction of the Minister in the exercise of the Commissioner's functions, except in relation to the following matters: (a) the investigation of complaints by small businesses, (b) the provision of advice to the Minister, (c) referrals under section 20, (d) the contents of any report by the Commissioner.