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Schedule 1 — Australian Small Business and Family Enterprise Ombudsman Act 2015
Australian Small Business and Family Enterprise Ombudsman Act 2015
1 At the end of section 7
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; and (h) conduct within the meaning of the Competition and Consumer Act 2010 .
2 At the end of section 15
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; (c) to give assistance under Division 3A of Part 4 in advising on and preparing a person’s case for a no adverse costs order under subsection 82(4) of the Competition and Consumer Act 2010 .
3 After subparagraph 23(h)(ii)
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(iia) assistance being given under section 74B (assistance in relation to a no adverse costs order in proceedings to recover the amount of any loss or damage as a result of contraventions of the Competition and Consumer Act 2010 );
4 At the end of section 65
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; (g) conduct, within the meaning of the Competition and Consumer Act 2010 , that:
(i) may be in contravention of a provision of Part IV of that Act; and
(ii) affects, or may affect, a small business or family enterprise.
5 After Division 3 of Part 4
Insert:
Division 3A — Assistance where there may be a contravention of the Competition and Consumer Act 2010
74A Application of this Division
This Division applies if the relevant action in relation to which a person requests the Ombudsman to give assistance is conduct, within the meaning of the Competition and Consumer Act 2010 , that:
(a) may be in contravention of a provision of Part IV of that Act; and
(b) affects, or may affect, a small business or family enterprise.
74B Ombudsman may give assistance in relation to costs order
(1) The Ombudsman may assist the person by doing either or both of the following:
(a) advising the person on the arguments that might be made, and the evidence that might be adduced, to satisfy a court that an order under subsection 82(4) of the Competition and Consumer Act 2010 should be made (a no adverse costs order in proceedings to recover the amount of any loss or damage as a result of contraventions of that Act);
(b) preparing arguments that might be made in satisfying a court that an order under that subsection should be made.
(2) Nothing in this section limits the functions, duties and powers of the Ombudsman under this Part in relation to the relevant action.
6 At the end of Division 2 of Part 5
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(1) This section applies if the relevant action in relation to which a person (the applicant ) requests the Ombudsman to give assistance is conduct, within the meaning of the Competition and Consumer Act 2010 , that:
(a) may be in contravention of a provision of Part IV of that Act; and
(b) affects, or may affect, a small business or family enterprise.
(2) A person assisting small business/family enterprise may disclose to the applicant any document or information obtained by the person assisting small business/family enterprise in the course of performing functions or duties, or exercising powers, in relation to assistance given to the applicant under section 74B.
Note: Section 74B allows the Ombudsman to give assistance in relation to a no adverse costs order in proceedings to recover the amount of any loss or damage as a result of contraventions of the Competition and Consumer Act 2010 . This assistance may include advising the applicant on the arguments that might be made, and the evidence that might be adduced, in pursuing a no adverse costs order, and preparing arguments.