Statutes Amendment (Small Business Commission and Retail and Commercial Leases) Bill 2024 (SA)

South Australia Statutes Amendment (Small Business Commission and Retail and Commercial Leases) Bill 2024 A Bill For An Act to amend the Small Business Commissioner Act 2011, the Retail and Commercial Leases Act 1995, the Fair Trading Act 1987, the Farm Debt Mediation Act 2018, the Late Payment of Government Debts (Interest) Act 2013 and the Work Health and Safety Act 2012.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Small Business Commissioner Act 2011 3 Amendment of long title 4 Insertion of heading 5 Amendment of section 1—Short title 6 Amendment of section 3—Interpretation 7 Insertion of heading 8 Insertion of section 3A 3A Establishment of Commission 9 Amendment of section 4—Small Business Commissioner 10 Insertion of section 4A 4A Objects of Commission 11 Amendment of section 5—Functions 12 Amendment of section 6—Ministerial direction 13 Amendment of section 7—Terms and conditions of appointment 14 Amendment of section 8—Deputy and Acting Commissioner 15 Insertion of section 8A 8A Functions of Commissioner 16 Amendment of section 10—Staff etc 17 Amendment of section 11—Delegation 18 Amendment of section 12—Power to require information 19 Insertion of Part 3 Part 3—Dispute resolution Division 1—Preliminary 12A Interpretation Division 2—General 12B Alternative dispute resolution 12C Commission may refuse to deal with dispute Division 3—Designated alternative dispute resolution 12D Notice of designated alternative dispute resolution 12E Commission may require attendance at alternative dispute resolution processes and production of documents 12F Statements made during alternative dispute resolution 12G Power to issue certificates Division 4—Enforcement 12H Result of alternative dispute resolution may be enforced 20 Insertion of heading 21 Amendment of section 13—Confidentiality 22 Amendment of section 14—Regulations Part 3—Amendment of Retail and Commercial Leases Act 1995 23 Amendment of section 3—Interpretation 24 Amendment of section 4—Application of Act 25 Amendment of section 7—Administration of Act 26 Amendment of section 9—Commissioner's functions 27 Amendment of section 11—Copy of lease to be provided to prospective lessee 28 Amendment of section 18—Warranty of fitness for purpose 29 Amendment of section 19—Security bond 30 Amendment of section 20—Repayment of security 31 Amendment of section 20C—Application of Division 32 Amendment of section 20H—Failure to comply with rules 33 Amendment of section 20K—Certified exclusionary clause 34 Amendment of section 51—Confidentiality of turnover information 35 Substitution of heading to Part 9 Division 1 36 Amendment of section 63—Responsibility of the Commissioner to arrange for mediation of disputes 37 Substitution of section 64 64 Statements made during alternative dispute resolution 38 Insertion of heading 39 Amendment of section 65—Stay of proceedings 40 Repeal of section 66 41 Insertion of Part 9 Division 1B Division 1B—Designated alternative dispute resolution 66 Notice of designated alternative dispute resolution 66A Commission may require attendance at alternative dispute resolution processes and production of documents 66B Power to issue certificates 42 Amendment of section 67—Power to intervene 43 Insertion of section 68A 68A Result of alternative dispute resolution may be enforced 44 Amendment of section 70—The Fund 45 Amendment of section 72—Accounts and audit 46 Amendment of section 76—Abandoned goods 47 Amendment of section 77—Exemptions 48 Amendment of section 78—Annual reports 49 Amendment of section 80—Regulations Part 4—Amendment of Fair Trading Act 1987 50 Amendment of long title 51 Amendment of section 3—Interpretation 52 Amendment of section 4B—Administration of Act 53 Amendment of section 16—Meaning of generic terms used in Australian Consumer Law 54 Amendment of section 28F—Regulations relating to industry codes 55 Amendment of section 28J—Compliance with applicable code of conduct 56 Amendment of section 28L—Regulations 57 Amendment of section 46—Interpretation 58 Amendment of section 47—Conduct of legal proceedings on behalf of consumers 59 Amendment of section 48—Public warning statements 60 Amendment of section 49—Immunity from liability 61 Amendment of section 76—Authorised officers 62 Amendment of section 78A—Use and inspection of books or documents produced or seized 63 Amendment of section 79—Assurances 64 Amendment of section 80—Registration of deeds of assurance 65 Amendment of section 81—Offence 66 Amendment of section 82—Enforcement orders 67 Amendment of section 83—Injunctions 68 Amendment of section 85—Orders for compensation 69 Amendment of section 86—Sequestration orders 70 Amendment of section 86B—Civil penalties 71 Amendment of section 86D—Civil expiation notices 72 Amendment of section 86E—Late payment 73 Amendment of section 86H—Withdrawal of civil expiation notices 74 Amendment of section 91—Evidentiary provisions 75 Amendment of section 96A—Confidentiality 76 Amendment of section 96B—Delegation by Minister responsible for administration of Small Business Commissioner Act 77 Amendment of section 97—Regulations Part 5—Amendment of Farm Debt Mediation Act 2018 78 Amendment of section 4—Interpretation 79 Amendment of section 8—Notice of availability of mediation to be given 80 Amendment of section 9—Farmer may request mediation 81 Amendment of section 10—Creditor may agree to or refuse mediation 82 Amendment of section 12—Application by farmer for issue of prohibition certificate 83 Amendment of section 13—Issue of prohibition certificate 84 Amendment of section 14—Application by creditor for issue of exemption certificate 85 Amendment of section 15—Issue of exemption certificate 86 Amendment of section 17—Duration of exemption certificate 87 Amendment of section 18—When is a farmer or creditor presumed to have refused to participate in mediation? 88 Amendment of heading to Part 3 89 Amendment of heading to Part 3 Division 1 90 Amendment of section 19—Administration of Act 91 Amendment of section 20—Functions of Commissioner 92 Amendment of Section 21—Functions of mediators 93 Amendment of section 22—Commissioner must arrange mediation 94 Amendment of section 23—Conduct of mediation 95 Amendment of section 25—Mediation fees 96 Amendment of section 32—Regulations Part 6—Amendment of Late Payment of Government Debts (Interest) Act 2013 97 Amendment of section 7—Disputes Part 7—Amendment of Work Health and Safety Act 2012 98 Amendment of section 274—Approved codes of practice Schedule 1—Transitional provision 1 Transitional provision