Owner Drivers and Forestry Contractors Act 2005
54Functions of the Small Business Commission under this Act
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54 Functions of the Small Business Commission under this Act
S. 54(1) amended by No. 16/2017 s. 52(2)(a).
(1) The Small Business Commission has the following functions under this Act—
S. 54(1)(a) amended by Nos 16/2017 s. 52(2)(b), 33/2019 s. 23(a).
(a) to make arrangements to facilitate the resolution by mediation, arbitration or another appropriate form of alternative dispute resolution, of disputes (whether or not any particular dispute has been formally referred under this Act to the Commission);
S. 54(1)(b) amended by No. 16/2017 s. 52(2)(c).
(b) any other functions that are given to the Commission by or under this Act.
S. 54(2) amended by Nos 16/2017 s. 52(3), 33/2019 s. 23(b).
(2) In arranging for the resolution of disputes, the Commission must have regard to the need for the mediation, arbitration or other form of alternative dispute resolution to be conducted by persons who are experienced in the field of regulated contracts.
S. 54(3) amended by Nos 16/2017 s. 52(4), 33/2019 s. 23(c).
(3) The Commission may itself conduct a mediation, an arbitration or another 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.
S. 54(4) amended by No. 16/2017 s. 52(5).
(4) The Commission is not subject to the Minister's control or direction in exercising its function under subsection (1)(a) or (3).