1Short title
This Act may be cited as the Small Business Development Corporation Act 1983.
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This Act was passed before the online parliamentary record we can search begins (1997). Any explanatory memorandum or second reading speech for its bill is in the printed parliamentary papers and Hansard.
Explanatory material and speeches for the bills of later Acts that amended this Act, newest first. They explain the amendment, not necessarily the provision you are reading.
This Act may be cited as the Small Business Development Corporation Act 1983.
This Act shall come into operation on a date to be fixed by proclamation.
In this Act, unless the contrary intention appears —
appointed member means a person appointed under section 5(2B)(a) as a member of the board;
board means the board of management provided for under section 5;
chairperson means the person appointed under section 5(2B)(b) to be the chairperson of the board;
Commissioner means the Small Business Commissioner referred to in section 13;
Corporation means the Small Business Development Corporation established under section 4(1);
government entity means any of the following —
a department of the Public Service;
a local government;
the Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971, the Australian Small Business and Family Enterprise Ombudsman established under the Australian Small Business and Family Enterprise Ombudsman Act 2015 (Commonwealth) or any other ombudsman or equivalent office under a written law or a law of the Commonwealth;
a body, whether corporate or unincorporate, or the holder of an office, post or position, being a body or office, post or position that is established or continued for a public purpose under a written law;
the Australian Competition and Consumer Commission established by the Competition and Consumer Act 2010 (Commonwealth);
the Australian Securities and Investments Commission referred to in the Australian Securities and Investments Commission Act 2001 (Commonwealth);
the Commissioner, as defined in the Taxation Administration Act 1953 (Commonwealth) section 2(1);
any person or office prescribed by the regulations;
local government includes a regional local government and a regional subsidiary;
member means a member of the board appointed by or under section 5;
public sector body has the meaning given in the Public Sector Management Act 1994 section 3(1);
small business means a business undertaking —
which is wholly owned and operated by an individual person or by individual persons in partnership or by a proprietary company within the meaning of the Corporations Act 2001 of the Commonwealth and which —
has a relatively small share of the market in which it competes; and
is managed personally by the owner or owners or directors, as the case requires; and
is not a subsidiary of, or does not form part of, a larger business or enterprise;
or
which is declared by the Governor by Order in Council pursuant to subsection (2) to be a small business for the purposes of this Act.
The Governor may, by Order in Council published in the Government Gazette, declare a business undertaking to be a small business for the purposes of this Act and by subsequent Order in Council so published vary or revoke that declaration.
[Section 3 amended: No. 5 of 1998 s. 4 and 9; No. 10 of 2001 s. 221; No. 20 of 2011 s. 6; No. 12 of 2020 s. 4.]
The Corporation may use and operate under one or more trading names approved by the Minister.
The use of a trading name does not prevent or affect any proceedings being taken by or against the Corporation in its corporate name.
[Section 5A inserted: No. 20 of 2011 s. 8.]
5. Board of management, membership of etc.
In this section —
metropolitan region has the meaning given in the Planning and Development Act 2005 section 4(1).
The Corporation is to have a board of management consisting of —
2 members who represent small business in the areas of the State outside the metropolitan region;
5 members who represent small business in the metropolitan region;
the Commissioner ex officio.
The board is the governing body of the Corporation and, in the name of the Corporation, is to perform the functions of the Corporation.
The Minister is to —
appoint the members of the board referred to in subsection (1)(a) and (b); and
appoint one of those members to be the chairperson of the board.
Subject to this Act each appointed member shall hold office for such period not exceeding 3 years as is specified in the instrument of his appointment, but is eligible for re‑appointment.
The Minister may grant leave of absence to an appointed member on such terms and conditions as the Minister determines.
The Minister may terminate the appointment of an appointed member for inability, inefficiency or misbehaviour.
If an appointed member —
is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
has his appointment terminated by the Minister, pursuant to subsection (4); or
is absent, except on leave duly granted by the Minister, from 3 consecutive meetings of the board of which he has had notice; or
resigns his office by written notice addressed to the Minister,
the office of that member becomes vacant.
The Minister may fill any vacancies in the office of member.
[Section 5 amended: No. 73 of 1994 s. 4; No. 5 of 1998 s. 5 and 9; No. 38 of 2005 s. 15; No. 18 of 2009 s. 81; No. 20 of 2011 s. 9.]
Where —
an appointed member is absent or temporarily incapable of fulfilling the duties of a member; or
the office of an appointed member is vacant and has not been filled in accordance with this Act,
the Minister may appoint a person to act in the place of that appointed member during that absence or incapability, or until the vacancy is filled, as the case requires, and a person so appointed has, while the appointment subsists, all the duties, powers and entitlements of, and the protection given to, the member in whose place the person is appointed to act.
The Minister, in the absence or incapacity of the chairperson or if that office is vacant, may appoint a person to act as chairperson and that person, while the appointment subsists, has all the functions, powers and duties of the chairperson.
The Commissioner may nominate a person employed or engaged by the Corporation to represent the Commissioner at any meeting of the board that the Commissioner is unable to attend, and while nominated the person has the functions, powers and duties as a member, of the Commissioner.
The nomination must be in writing delivered to the chairperson.
The appointment of a person as an acting member or as acting chairperson, or the nomination of a person to represent the Commissioner, may be terminated at any time by the Minister.
[Section 6 amended: No. 20 of 2011 s. 10.]
A member, other than a member who is an officer in the Public Service of the State or employed by a State instrumentality, shall be paid such remuneration and allowances as the Minister from time to time on the recommendation of the Public Sector Commissioner determines.
Acceptance of, or acting in, the office of member shall not of itself render the provisions of Part 3 of the Public Sector Management Act 1994 or any other Act applying to persons as officers of the Public Service or employees of a State instrumentality applicable to that member or affect or prejudice the application to him of those provisions if they applied to him at the time of the acceptance of, or acting in, that office.
[Section 7 amended: No. 32 of 1994 s. 19; No. 39 of 2010 s. 89.]
8. Board meetings etc.
The board shall hold its meetings at such place on such days and at such intervals as the board shall from time to time determine.
At any meeting of the board 4 members constitute a quorum.
At any meeting of the board the chairperson, or in his absence a person appointed as acting chairperson, presides but where both are absent from a meeting of the board the members may appoint one of their number to preside at that meeting.
At any meeting of the board —
each member present is entitled to a deliberative vote; and
where the votes cast on any question are equally divided, the question shall be deemed lost.
The board shall cause accurate minutes to be kept of the proceedings at its meetings.
To the extent that it is not prescribed, the board may determine its own procedure.
[Section 8 amended: No. 20 of 2011 s. 11.]
9. Vacancy or defect in appointment does not affect validity of board’s acts etc.
No proceeding or act of the board shall (if there is a quorum) be invalidated or illegal in consequence only of there being any vacancy in the number of members at the time of that proceeding or act, or in consequence of there being some defect in the appointment of a person purporting to be a member.
[Section 9 amended: No. 20 of 2011 s. 12.]
[10. Deleted: No. 20 of 2011 s. 13.]
Subject to the general direction and control of the Minister the Corporation shall administer this Act.
The Corporation has the following functions —
to take such steps and do such acts and things as are necessary for the promotion and development of small business and to provide assistance for the establishment, development and carrying on of small business throughout the State;
of its own motion, to make representations, to tender advice and make reports to the Minister on any matter or thing relating to, or affecting small business or the operation of this Act;
at the request of the Minister to investigate any matter affecting small business referred to it by the Minister and to report to the Minister thereon;
to establish and maintain liaison between associations or groups of people representing or servicing small business and the Government of the State;
to provide financial assistance, grants and operational funding under section 11AA;
to investigate, and report to the Minister on, the impact on small business of legislation and government policy of this jurisdiction, the Commonwealth or any other State or Territory;
to investigate, and report to the Minister on, the actions of public sector bodies that affect the commercial activities of small businesses;
to assist public sector bodies —
to develop legislation, policies and administrative procedures that take into account the interests of small business; and
to improve the capacity of small business to comply with legislative and other requirements; and
to simplify and minimise small business compliance requirements;
to facilitate and encourage the fair treatment of small businesses in their commercial dealings with other businesses in the marketplace;
to investigate, and report to the Minister on, emerging trends in market practice that have an adverse effect on small business;
to provide to any person, association or group of people an advisory and administrative service for, or in connection with the establishment, carrying on, expansion and development of any small business;
to arrange and co‑ordinate training, educational and skill development programmes for small business;
to promote informed decision making by small businesses;
to assist small businesses to operate in ways that minimise disputes with other businesses;
to establish and maintain an information centre containing a comprehensive selection of literature, manuals, brochures, audio visual material, technical data, business profiles and the like;
to carry out research and to publish and distribute information, technical data and the like for the guidance of small business;
to engage the services of suitable consultants where appropriate to provide surveys, technical data, statistics, professional opinions or other information for the purposes of this Act;
to counsel small business on the availability of finance and the means of obtaining financial assistance;
[(l), (m) deleted]
to promote public awareness of the importance of matters relating to the activities of small business and to inform the public concerning the value of sound business practice.
The Corporation has power to do all things necessary or convenient for or in connection with the performance of its functions and, without limiting the generality of the foregoing, may —
raise fees or charges with respect to the provision of services or the performance of any work by, or on behalf of, the Corporation; and
own, lease, rent or otherwise acquire suitable premises or accommodation for its staff, records and facilities; and
enter into contracts or other arrangements.
[(4) deleted]
[Section 11 amended: No. 20 of 2011 s. 14; No. 4 of 2022 s. 5.]
The Corporation may —
give financial assistance and grants to small businesses in accordance with any guidelines made under subsection (2); and
in accordance with the guidelines made under subsection (3) —
give financial assistance, grants and operational funding to non‑government organisations working with, or on behalf of, small businesses; and
give financial assistance and grants to persons who are not small businesses for the purposes of financially benefitting small businesses;
and
without limiting section 11(3)(c), enter into a contract or other arrangement with a person who is to be given financial assistance, a grant or operational funding under paragraph (a) or (b) in relation to that financial assistance, grant or operational funding.
The Corporation may make guidelines with respect to the provision of financial assistance or grants under subsection (1)(a).
The Corporation must make guidelines with respect to the provision of financial assistance, grants or operational funding under subsection (1)(b).
The Corporation may amend or revoke guidelines made under subsection (2) or (3).
The Corporation must publish guidelines made under subsection (2) or (3), or amended under subsection (4), on the Corporation’s website.
[Section 11AA inserted: No. 4 of 2022 s. 6.]
The Corporation may, by instrument in writing, delegate the performance of any of its functions, except this power of delegation.
A delegation under subsection (1) may be made to —
the Commissioner; or
an appointed member; or
a person employed or engaged by the Corporation; or
[(d) deleted]
with the approval of the Minister, any other person.
A delegate cannot subdelegate the performance of any function unless he or she is expressly authorised by the instrument of delegation to do so.
A function performed by a delegate is to be taken to be performed by the Corporation.
A delegate performing a function under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
Nothing in this section is to be read as limiting the ability of the Corporation to act through its officers and agents in the normal course of business.
[Section 11A inserted: No. 5 of 1998 s. 6; amended: No. 20 of 2011 s. 15.]
[11B, 11C. Deleted: No. 20 of 2011 s. 16.]
[12. Deleted: No. 5 of 1998 s. 7.]
The chief executive officer of the Corporation appointed under the Public Sector Management Act 1994 Part 3 is the Small Business Commissioner.
[Section 13 inserted: No. 20 of 2011 s. 16.]
The Commissioner has the following functions —
to administer the day‑to‑day operations of the Corporation;
to receive complaints about any matter that affects the commercial activities of small business, and do either or both of the following in relation to a complaint —
investigate a matter complained about and any person in relation to the matter (including, without limitation, a public sector body or local government);
provide assistance to attempt to resolve the complaint;
[(c) deleted]
to provide alternative dispute resolution services for small businesses;
to make representations to another person or body on behalf of a small business that has made a complaint;
to investigate any matter that affects the commercial activities of small business, and any person in relation to the matter (including, without limitation, a public sector body or local government);
to give to the Minister, or to any government entity, a report on an investigation carried out under paragraph (b) or (ea);
to perform functions conferred on the Commissioner under any other Act;
to advise the Minister on any matter related to the functions of the Commissioner referred to in paragraphs (b) to (f).
The Commissioner need not investigate a matter, provide assistance or give a report if, in a particular case, the Commissioner considers it inappropriate to do so.
In performing the functions (the investigatory functions) referred to in subsection (1)(b)(i) and (ea), the Commissioner must —
avoid duplicating the operations of any department of the Public Service that performs a function that wholly or partly overlaps with the investigatory functions; and
work cooperatively, as far as is possible, with departments of the Public Service to perform the investigatory functions.
[Section 14A inserted: No. 20 of 2011 s. 16; amended: No. 12 of 2020 s. 5.]
The Commissioner has all the powers the Commissioner needs to perform the functions of the Commissioner under this Act or any other Act including the power to raise fees or charges with respect to the provision of services or the performance of any work by, or on behalf of, the Commissioner.
[Section 14B inserted: No. 20 of 2011 s. 16.]
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