Assignment on Business Law in Australian Constitution

Running head: BUSINESS LAW
Business law
Name of the Student
Name of the University
Author Note

1BUSINESS LAW
Question 1
A
Legislative powers have been provided to the commonwealth by the constitution under section
51. However the law which is enacted by the commonwealth parliament has to be in accordance
to the provisions of the constitution. Section 51 consists of 39 subsections which specifically
provide the areas in which the parliament has the power to make laws. Each of the subsection is
described as a head of power. In the given situation the commonwealth has been provided the
power to enact the Human Egg Production Act 2016 (Cth) under section 51 (xxix) which is in
relation to external affairs as the provisions have been provided by an international treaty.
B
The right for the purpose of legislating with respect to external affairs has been provided to the
commonwealth parliament of Australia through section 51 (xxix) of the Australian constitution.
In Australia treaty obligations are itself not recognized as a source of law until and unless
legislation has been passed which expressly incorporates the treaty into the Australian law
(Barnett 2017). A treaty has no power to create a right in the Australian law. The concept in
relation to the effect of treaty had been discussed in the case of Richardson v Forestry
Commission (1988) 164 CLR 261 and Victoria v Commonwealth (Industrial Relations Act Case)
(1996) 187 CLR 416.In the given situation a treaty has been entered upon by Australia which is
in relation to the humanly treatment of chicken. The provisions of the treaty has been enacted by
the commonwealth parliament in form of the Human Egg Production Act 2016 (Cth). However
the Act only provides the requirement of space of 3.8m2 instead of 4m2 as provided by the
treaty. On the other hand Egg producers Act 2017 provides for a space of 4m2. Thus according

2BUSINESS LAW
to the above discussed principle a treaty has no legal effect in Australia. The legal effect is only
created when the treaty has been enacted in form of legislation. In the given situation the
applicable law in Australia in relation to human treatment of chickens would be derived from the
federal legislation and not any treaty. Angus who provides a space of only 3.8m2 to the chickens
and labels the eggs as free range egg is not violating the provisions of the HEPA (Cth) but the
provisions of the EPA (SA). Therefore as discussed above the provisions of HEPA would prevail
and Angus can continue to sell.
Question 2
1
According to the facts provides above the business model which has to be setup by Agnes and
James is known as a partnership. In South Australia partnership is governed by the Partnership
Act 1891. A partnership is a business which is carried out by two or more person for making
profits.
2
If both James and Agnes want to operate the business in the name of sparkies they need to get
the business name registered. This is because the business name is not the same as the name of
its owners (Milman 2013).
3
In a partnership an all partners are the agents of each other. Sometimes the partnership agreement
may expressly provide limitations as to the powers of the partners. However the partners may be
liable to the actions of each other even if they have not acted in accordance the partnership