Payment Times Reporting Act 2020

PART 2 - REPORTING PAYMENT TIMES  

Division 4 - Slow small business payers  

SECTION 22B   MINISTER MAY GIVE SLOW SMALL BUSINESS PAYER DIRECTION  

22B(1)    
The Minister may give an entity that is a reporting entity or a reporting nominee a direction under this section (a slow small business payer direction ) if:

(a)    the Minister is satisfied that the entity was a slow small business payer in 2 consecutive reporting cycles; or

(b)    the Minister is satisfied that the entity was a slow small business payer in a reporting cycle, and the entity did not comply with a requirement to give a payment times report in the preceding reporting cycle; or

(c)    the Minister is satisfied that the entity was a slow small business payer in a reporting cycle, and the entity did not comply with a requirement to give a payment times report in the following reporting cycle.

Note:

A decision to give a slow small business payer direction is reviewable: see sections 51 and 54AA .

22B(2)    
Before the Minister decides to give a slow small business payer direction to an entity, the Minister must:

(a)    give the entity notice in writing of the proposed decision and the reasons for the proposed decision; and

(b)    invite the entity to make written submissions to the Regulator about the proposed decision within the period of 28 days beginning on the day the notice is given.

Matters the Minister must have regard to

22B(3)    
In considering whether to give an entity (the first entity ) a slow small business payer direction, the Minister must have regard to any written submissions made in accordance with the invitation mentioned in paragraph (2)(b) .

22B(4)    
In particular, and without limiting subsection (3) , the Minister must have regard to the following in relation to the relevant entities mentioned in subsection (5) :

(a)    the relevant entities ' history (if any) of compliance or non-compliance with this Act;

(b)    any of the following matters raised in a written submission made in accordance with the invitation mentioned in paragraph (2)(b) :

(i) the relevant entities ' practices in relation to paying small business invoices;

(ii) any improvements in those practices;

(iii) whether any slowness of the relevant entities ' payment of small business invoices has been because of circumstances beyond the relevant entities ' control;

(iv) the likely cost and burden of complying with the direction, and whether that cost and burden is reasonable in the circumstances.

22B(5)    
For the purposes of subsection (4) , the relevant entities are:

(a)    the first entity; and

(b)    any other constitutionally covered entity that rules made for the purposes of section 14 require the first entity ' s payment times reports to include information about.