Retail Leases Act 2003

The Small Business Commission has the following functions under this Act—

to make arrangements to facilitate the resolution by mediation, or by another appropriate form of alternative dispute resolution, of retail tenancy disputes (whether or not a dispute has been formally referred under this Act to the Commission);

to take proceedings for an offence against this Act;

to report to the Minister on the operation of this Act;

to authorise, if the Commission considers it appropriate to do so, a body to represent that the form of a standard lease that the body is to make available to the public (whether or not for a fee) is endorsed by the Commission;

to confirm whether a certificate has been given in accordance with section 21(5);

to prepare and publish an information booklet or guidelines about retail leases that may be purchased on demand by members of the public;

such other functions as may be conferred or imposed on the Commission by or under this Act.

In arranging for the resolution of retail tenancy disputes, the Commission is to have regard to the need for the mediation or other form of alternative dispute resolution to be conducted by persons who are experienced in the field of retail premises leases.

The Commission may itself conduct a mediation or other form of alternative dispute resolution and is entitled to be paid its fees and expenses for doing so, which must not be more than the maximum amount (if any) prescribed by the regulations.

The Commission may charge a fee for giving an authorisation under subsection (1)(d), which must not be more than the maximum fee (if any) prescribed by the regulations.

The Commission is not subject to the Minister's control or direction in exercising functions under subsection (1)(a) or (b).