Australia Legal Power Point


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Description and evaluation of the laws of Australia; including Constitutional Law, International Laws to which Australia is a party to; and Business Specific Laws (sports, gambling, securities, copyright, and contracts)

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Australia Legal Power Point

  1. 1. AUSTRALIA<br />LEGAL ASPECTS<br />By: <br />Lauren Baker<br />Marin Dell<br />Thomas Haugen<br />Robert Messer<br />
  2. 2. Australia Day<br />AUSTRALIAN LAWS<br />
  3. 3. AUSTRALIAN CONSTITUTION<br />HISTORY<br /><ul><li>Federal
  4. 4. Legislative (Parliament)
  5. 5. Executive (Prime Minister)
  6. 6. Judiciary
  7. 7. State/Territory
  8. 8. Legislative (Parliament)
  9. 9. Executive (Governor)
  10. 10. Judiciary
  11. 11. Legal system founded on:
  12. 12. the rule of law-no one is above the law
  13. 13. Common law (precedent)
  14. 14. Constitution of 1901
  15. 15. Federal level
  16. 16. Trade, commerce, taxation, defense, immigration
  17. 17. State/Territory level
  18. 18. Matters not federal in nature; in the event of inconsistency, federal law trumps</li></li></ul><li>AUSTRALIAN <br />CONSTITUTION<br /><ul><li>Commonwealth of Australia Constitution Act of 1900 established the federal commonwealth (passed by U.K. Parliament)
  19. 19. Statute of Westminster 1931 (adopted in 1942)-made Australia fully independent on the federal level
  20. 20. Australia Act of 1986-fully removed U.K. Parliament’s ability to legislate over Australia</li></li></ul><li>AUSTRALIAN CONSTITUTION<br />FRAMEWORK<br /><ul><li>Preamble
  21. 21. Chapter I. The Parliament
  22. 22. Part I - General
  23. 23. Part II – The Senate
  24. 24. Part III – The House of Representatives
  25. 25. Part IV – Both Houses of the Parliament
  26. 26. Part V – Powers of the Parliament
  27. 27. Chapter II. The Executive Government
  28. 28. Chapter III. The Judicature
  29. 29. Chapter IV. Finance and Trade
  30. 30. Chapter V. The States
  31. 31. Chapter VI. New States
  32. 32. Chapter VII. Miscellaneous
  33. 33. Chapter VIII. Alteration of the Constitution
  34. 34. The Schedule</li></li></ul><li>AUSTRALIAN CONSTITUTION<br />ARTICLES RELATING TO BUSINESS<br /><ul><li>Section 51(xx) creates the “corporations power” granted to Parliament
  35. 35. This means:
  36. 36. Parliament can legislate with respect to foreign corporations and trading or financial corporations formed within the Commonwealth
  37. 37. Broad role for the federal</li></li></ul><li>SUBJECT TO <br />INTERNATIONAL LAWS<br />A<br />U<br />S<br />T<br />R<br />A<br />L<br />I<br />A<br />
  38. 38. United Nations<br />Active member since founding in 1945<br />13th largest contributor to the UN budget<br />Areas of Key Involvement:<br />UN reform <br />Disarmament and arms control <br />Human rights <br />Environmental issues <br />The Specialized Agencies <br />Economic and social issues <br />International economic cooperation <br />Global trade and finance <br />Regional organizations <br />Decolonization <br />Peacekeeping <br />Australia&apos;s Involvement in the Multilateral Treaty System <br />Permanent Mission of Australia to the United Nations in New York <br />Australia has diplomatic missions in:<br />New York<br />Geneva<br />Vienna<br />Paris<br />London<br />Nairobi<br />Rome<br />The Hague<br />Bangkok<br />
  39. 39. INTERNATIONAL CONVENTIONS<br />INTERNATIONAL TREATIES<br />Australia is currently a party to over 1500 treaties including:<br />49 in Aid & Development<br />19 in Atmosphere & Outer space<br />99 in Business & Finance<br />42 in Citizenship & Migration<br />59 in Communication<br />142 in Criminal Matters<br />41 in Defense & Security<br />23 in Diplomatic & Consular Relations<br />104 in Environment & Recourses<br />12 in External Territories<br />85 in Health & Social Services<br />27 in Human Rights<br />40 in Intellectual & Industrial Property<br />178 in International Cooperation<br />72 in International Law<br />183 in International Organizations & Agencies<br />189 in International Trade<br />48 in Labor<br />128 in Maritime & Law of the Sea<br />127 in Transport<br /> 125 in War & Peace<br /><ul><li>Australia participates in most of UN conventions and has hosted several events
  40. 40. Most recent convention subjects include:
  41. 41. Human rights
  42. 42. Maritime law
  43. 43. Intellectual property rights
  44. 44. Environmental protection</li></li></ul><li><ul><li>Recent Business Developments:
  45. 45. Singapore Treaty on the Law of Trademarks and the Patent Law Treaty
  46. 46. Gulf Cooperation Council
  47. 47. Australian Cross Border Solvency Law
  48. 48. Australia-United States Free Trade Agreement:
  49. 49. Based on NAFTA
  50. 50. Greatly reduced and in some cases eliminated trade tariffs on goods traded between US and Australia
  51. 51. Berne Convention for the Protection of Literary and Artistic Works:
  52. 52. Detailed Australian copyright laws
  53. 53. International agreements on protected subject matter, infringement, duration of copyrights, and exceptions</li></ul>OTHER INT’L<br />AGREEMENTS<br />
  54. 54. AUSTRALIAN LAWS - SECURITIES<br /><ul><li>Principle: “financial markets cannot function effectively unless participants act with integrity and there is adequate disclosure to facilitate informed judgments”
  55. 55. Broader framework of regulation encompassing multiple areas of financial concerns
  56. 56. Corporations Act of 2001 (Cth):
  57. 57. biggest piece of legislation which codifies national and interstate business regulations
  58. 58. Largest corporations statute in the world
  59. 59. Corporation Law Economic Reform Program Act of 1999
  60. 60. Financial Services Reform Act of 2001 (Cth)</li></ul>National Regulation<br />
  61. 61. AUSTRALIAN LAWS – COPYRIGHT<br /><ul><li>Australian Copyright Act of 1968:
  62. 62. Literary
  63. 63. Artistic
  64. 64. Design
  65. 65. Berne Convention for the Protection of Literary and Artistic Works
  66. 66. English law
  67. 67. Plus 70 Rule:
  68. 68. Any work that was published in the lifetime of the author who dies in 1956 or earlier, is out of copyright.
  69. 69. Any work that was published in the lifetime of the author who dies after 1956, will be out of copyright seventy (70) years after the author’s death.
  70. 70. Any work that was published after the death of the author, will be out of copyright seventy (70)years from their first publication.
  71. 71. Unpublished works hold copyright indefinitely. </li></li></ul><li>AUSTRALIAN LAWS - CONTRACTS<br /><ul><li>Rooted in English common law of contracts
  72. 72. Statutes added over time
  73. 73. Contract has 4 essential parts:
  74. 74. an agreement (rule of offer and acceptance)
  75. 75. consideration (a promise is given in return for a promise received; generally, the supply of money, property, or services)
  76. 76. certainty in what the contract requires to be done, or restricts from being done (parties must reach agreement on all of the essential elements or decide that an element should be determined by future arrangement; terms should not be vague or ambiguous; cannot be illusory); and
  77. 77. intention by the parties to enter into legal relations (parties must manifest an intention to create legal relations)</li></li></ul><li>GAMBLING<br /><ul><li>Interactive Gambling Act of 2001:
  78. 78. Online wagering:
  79. 79. “real-time”
  80. 80. Public place exemption
  81. 81. Pubs
  82. 82. casinos</li></li></ul><li>SPORT LAWS<br />Australian Sports Commission Act of 1989<br />Main objectives:<br />Provide leadership of development of sport <br />To encourage increased participation and improved performance<br />To Provide resources, services, and facilities to enable performance and achievement<br />To improve sporting abilities of Australians<br />To foster cooperation in sport between Australians and other countries<br />To encourage the private sector to help in funding<br />
  83. 83. Dumb Australian Laws<br /><ul><li>A life sentence is 25 years.
  84. 84. Children may not purchase cigarettes, but they may smoke them.
  85. 85. You may never leave your car keys in an unattended vehicle.
  86. 86. It is illegal to roam the streets wearing black clothes, felt shoes and black shoe polish on your face as these items are the tools of a cat burglar.
  87. 87. It is illegal to walk on the right hand side of a footpath.
  88. 88. Under Australian Communications Authority (ACA) regulations, a modem can’t pick up on the first ring.
  89. 89. Taxi cabs are required to carry a bale of hay in the trunk.
  90. 90. Bars are required to stable, water and feed the horses of their patrons.
  91. 91. The legal age for straight sex is 16, unless the person is in the care/custody of the older person, in which case it is 18.
  92. 92. Only licensed electricians may change a light bulb.
  93. 93. It is illegal to wear hot pink pants after midday Sunday.
  94. 94. You must have a neck to knee swimsuit in order to swim at Brighton Beach.
  95. 95. Until the Port Arthur Killings it was legal to own an AK-47 but not legal to be gay.
  96. 96. Lawmakers are proposing a new law that will not allow anyone to come closer than 100 meters from a dead whale’s carcass.</li></li></ul><li>RISK<br /><ul><li>Heavy financial investment in international lawyers
  97. 97. Impact on business operations-have to change to fit laws
  98. 98. Hurt open market and free competition
  99. 99. Example: similar business in Taiwan does not have to comply with strict standard</li></li></ul><li><ul><li>Fair notice of expected practices
  100. 100. Protections and safeguards against other corrupt or fraudulent businesses
  101. 101. Legitimate country</li></ul>REWARD<br />
  102. 102. OVERALL ANALYSIS<br />