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)
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)
Statute of Westminster 1931 (adopted in 1942)-made Australia fully independent on the federal level
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
Parliament can legislate with respect to foreign corporations and trading or financial corporations formed within the Commonwealth
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 />
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'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 />
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
International agreements on protected subject matter, infringement, duration of copyrights, and exceptions</li></ul>OTHER INT’L<br />AGREEMENTS<br />
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”
Broader framework of regulation encompassing multiple areas of financial concerns
consideration (a promise is given in return for a promise received; generally, the supply of money, property, or services)
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
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:
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 />
Dumb Australian Laws<br /><ul><li>A life sentence is 25 years.
Children may not purchase cigarettes, but they may smoke them.
You may never leave your car keys in an unattended vehicle.
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.
It is illegal to walk on the right hand side of a footpath.
Under Australian Communications Authority (ACA) regulations, a modem can’t pick up on the first ring.
Taxi cabs are required to carry a bale of hay in the trunk.
Bars are required to stable, water and feed the horses of their patrons.
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.
Only licensed electricians may change a light bulb.
It is illegal to wear hot pink pants after midday Sunday.
You must have a neck to knee swimsuit in order to swim at Brighton Beach.
Until the Port Arthur Killings it was legal to own an AK-47 but not legal to be gay.
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
Impact on business operations-have to change to fit laws