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Australian Business Law

Code: BLAW204

Task:

1) Demonstrate a working knowledge and understanding of the principles of Australian Business law within the context of the prescribed readings.

2) Identify and analyse relevant facts, problems and legal issues from a given scenario and develop an argument in response.

Answer

Introduction:

Australian business law is the powerful law for the commercial purposes and there are various elements that present in the Australian consumer law. This law is broadly associated with the perspective to create a good base for any of the business, trading and providing a fair support to the consumer. This type of law specially takes the authority to communicate and interact with the manufacturers, suppliers and consumers (Bell and Hindmoor, 2014). There are different rights that the businesses need to follow and by catering the appropriate legislation process the Australian business law cater the process for different commercial progress. This law governs various information and business activity that affect largely to the commercial procedure. The national statutory framework that Australia follows assure the fact that the business and the consumers are safe on the commercial basis and they can able to follow these procedures to secure their business. 


On the other hand the customers will feel that they are under a law and business cannot able to cheat them in any circumstances. Australian business law also follows the pathway and it is administrated by Australian Competition and Consumer Commission that is ACCC. Territory and the fair trading section caters business advice related to appropriate right in the commercial method and some of the obligations. In this study, the case mainly evolves out with the possibility that the Australian business law is an important aspect in the development of large business principles, by following this law the consumer and the business sectors will get a fair trading option most importantly the by establishing this law the enterprises can be controlled in a proper manner. Furthermore, the study also will show that there are various topical issues that has associated with this law.  


Australian business law:

Legislation process is a framework that secures the business environment in an appropriate way and Australian business law deserves proper consideration in this factor. The business law also concerned with certain rules and regulations that the businesses need to follow that regards to some of the competition in the market and it further includes the environmental law, occupational health and safety, taxation process and corporate law and other sectors that the businesses incorporate (Daly et al. 2015). There is a certain environment that Australian business law follows and by the help of this law the business sectors take the major decisions for their business and commercial progression. The developments and the important procedures put a great impact to the Australian business law. To build an appropriate regulations the local government takes the initiative to manage the orders of legislation process and by the help of this rules and regulations the business policies are helpful to the traders as well as it also provide benefit to the customers. 


The proper supply of goods, manufacturing process, customer dealing all these are a significant part in the Australian business law (Jackson, 2015). The business activity that the country follows broadly depends on the political, economic and legal context and these sections are largely affected by the legislation process and the entire trading system fall in this possibility. There are three types of economy that the country follows such as market economy, planned economy and mixed economy and based on these economies the business law process to allow the traders to fetch possibilities and success from the market. Each and every details of the country’s surroundings are impactful by the help of rules and regulations. In 1980s the Australian business ethics get presented in a concise form and they are exposed in the market. The largest business corporate sectors have opened themselves up will various possibility and other different situations that the legislation method needs to handle. The codes of the business are not commonly used and the corporations not totally involved with the business structures (Crawford et al. 2015). For the globalization the business environment has faced certain number of complexities to operate their business in the environment and each businesses need to obey the ethics, rules and regulations. 


This business ethics are closely associated with the culture, region and the business environment that the business traders can take as to fetch market success. The attitude towards business will help to forecast the circumstances that largely depends upon the Australian business law. The businesses needs to be legally compliant and they need to be aware of certain rules and regulations so that they can operate their business with the backdrop of legal business framework. The businesses also need to maintain the legal requirements that will help them to fulfill customers’ satisfaction to a great extent. The business contracts, leases, registrations and the licenses incorporated in the business possibility by taking consideration to the legal structure. To follow properly the legal rules the traders need to follow some of the rules and in that the most important one being business registration. It is in their rule that any of the traders who wants to operate their business in Australia must register their name in the government law before starting the business. After that the business head needs to register a business name and various types of taxes will imply in the business. The business ax and the registered business name will follow Australian Business Number (ABN), Tax File Number (TFN), Goods and Services Tax (GST). Registration for domain name, trade mark of the business and other registration process will progress in the trading system and the responsible person for this business will be the sole trader. In the Australian business law it is essential for a business to get the licenses and this licensing policy will help in observing the registrations and legal permits. 


The registration approval, codes and other practices will largely depends on the business law that will meet with the responsibilities of the business. The product and the services that the organization is selling, license depends on that thing and for some of the particular business the licensing procedure somehow bring problematic phrase if not properly fulfill the requirements (Parker, 2013). Different business has different licensing policy and the characteristics of this licensing policy is dissimilar from each other as government from state, federal and local will ensure the entire thing. Then the organization and the business will set up the privacy act and by the help of this act the businesses will keep the personal information for the usage of direct marketing phenomenon and discloser of personal information to various other people. The privacy act in Australia has established in 1988 by the help of Office of the Australian In formation Commissioner. The independent contractor is the process where it is depends on the service to a particular business and this activity create opportunity for the clients. The law permits that one can be an independent contractor and that individual can be an employee for some other organization. The unfair dismissal in the small business are comparatively high than the large businesses. The Fair Business Dismissal Code will help in subside the redundancy that the small businesses follow. 


The Australian Corporate entities documented for some of the separate those are connected in the investigation procedure. The annual report in the 1991 financial year present the statement where the disclosure in environmental policy get adopted by different businesses and the organizations are promoting the affirmative aspect for the better performance within the environment. The concern over the environmental policies create a strong base for the business organization and the corporate discloser practices is increasing significantly over time. The process positively incorporated with the environmental and social lobby groups for the performance of the organizations within a perfect business environment (Martin, 2014). The business law obligations are valued in the possibility of the contractual performance in generating good faith and alter it generates the enforcement as a method of contractual term in business environment and this legislation has come into force by the initiative of Supreme Court and Federal Court. The commercial contracts are conditioned by the potential implications in the business form and create a good faith by the help of contractual optimism and consequent reflection. The contracts those are commercially linked are homogeneous in nature and sometimes need refinement so that it can able to take care of the business in an appropriate way (Grabosky, 2013)


The commercial contact are very much relevant in the business environment and the Australian business law promote this business context. The organizational characteristic and the role of political factors in the country are determined by the business legislation process that the country’s business need to follow. The structural factors that the organizations follows are considered the national setting of the country and public policy in the business organization need proper advocacy policy, initiation and suggestion. The policy that reinforced in the business policy has structured in a state and economic pattern and some of the fragmented business policies have documented in the business law of Australia. The state, economy and the culture of the business all have an association and this attribute has drawn from the international business framework and it is against the subtraction of new empirical confirmation from Australia. 


Establishing a business with the backdrop of Australian country needs to consider some of the important aspect and the Australian subsidiary also process and operates as the Australian company (Taylor, 2013). The distinct legal entities broadly include with the business process and it also take up and determine the legal implications, tax and licenses. The Australian Securities and Investments Commission (ASIC) helps to carry on other businesses in Australia with the help of the instructions related to investments, takeover and re-constructions. 


The weak framework of the Australian state government somehow put a huge impact on the organizations and the business processing. As the economic factors are connected to the business closely so when the economic conditions getting down then the business faces a huge lose and this also affect the employment of the country and gross income. The fragmented economic structure decline the procedure for the well-being of the organization. The business culture that is firm centered anticipated criterion of business associations those are fragmented and also connected with the traditional forms of advocacy in the policy (Shahiduzzaman and Alam, 2014). The lobbying policy and the pluralism pressure also creates a decrease in the business and somehow the organizations can not able to cope with the entire situation that it is facing. The association with different possibilities and the acquired qualification in relations to the hypothesized procedure and government has taken many of the initiatives that will help to find appropriate solutions so that the organizations can able to find a solution with consideration to the economic conditions. The actual evidence finds some of the necessary attempts so that they can move forward and shift to the functions related to quasi-government regulations and rules for the betterment of public policy process (Higgins et al. 2015). The government of Australia is rethinking about the certain business policies and statement about the broad theoretical aspects and issues so that the macro political and other economic structure get a proper dynamism and evolve political behavior. 


Conclusion:

Australian business law is a powerful prospect and key object to control and manage the organizations and other small businesses. The commercial property, purchase, development and other business associations are depended to the state and local governments of Australia. The requirements in the regulatory systems need to properly judge by the businesses and it is comparable to the environmental assessment. The organizations and small scale businesses considers the stoke market of Australia as this country has an active and way more modern stoke market and it allows the Asia-Pacific region to get the business opportunity. The foreign countries come and evaluate the market in Australia and follow the rules of Australian Securities Exchange (ASX) and they put forward into the disclosure and fulfilling the requirements in reporting structure. With consideration to proper rights and legal structures the companies will follow the business trade mark that is created under Australian Intellectual Property Laws. 

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