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Business Law: Legislations, Domestic Violence, Self-Regulation, Business Types, and Regulations

   

Added on  2023-06-04

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Running head: BUSINESS LAW
Business Law
Name of the Student
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Business Law: Legislations, Domestic Violence, Self-Regulation, Business Types, and Regulations_1
1BUSINESS LAW
Question 7
a) The Parliament of Australia intends to legislate laws that are only applicable within the
Australian territorial limits, unless otherwise expressed. They are not meant to interfere
into cases that are governed by laws of a different country. They do not extend to the
matters of overseas foreigners. However, exceptions like the Crimes Act 1914 (section 3)
expressly operates beyond the territorial jurisdiction of the Commonwealth (Aph.gov.au
2018).
b) The legislations are refrained from making any alterations or interfere with the
Fundamental Rights of the citizens as the Australian Constitution solely governs them,
and only the Constitution can add, alter or make necessary changes to the rights of the
Citizens (Alrc.gov.au 2018).
c) Cases related to crimes and taxation law should be treated as per the Rule of Lenity. It
says that the court is required to apply an ambiguous law in favour of the defendant
giving him the benefit of doubt (Fedcourt.gov.au 2018).
d) Generally, it is not possible to violate a law, which is yet to be legislated. However,
legislations having a retrospective effect is the exception to the general rule. Legislations
are not supposed to have a retrospective effect unless that effects the major change of
legal procedure (Rule of Law Institute of Australia 2018).
Question 12
The article on Domestic Violence under the Hot Topic 87 of the State Library of New
South Wales. Domestic Violence is one of the most common violation of human right prevalent
Business Law: Legislations, Domestic Violence, Self-Regulation, Business Types, and Regulations_2
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even in the most modern States. Women face violence, cruel and degrading treatment from her
own family, more specifically from the men in the family. Violence is observed due to financial
issues, dowry debts, substance addiction of the oppressor, sexual torture, mental cruelty and
various other reasons. The article thus strives to point out the issues faced by women from such
violence and the legal framework that are present to safeguard them. The article has been divided
into eight chapters that talks about the various facets of domestic violence at length. It throws
light on Crimes (Domestic and Personal Violence) Act 2007 for discussing about Apprehended
Violence Orders. It also discusses about Women’s Legal Services available to the Australian
women. It has incorporated the changed Domestic Violence Orders issued from 25 November
2017 that is recognized as protective measure to domestic violence all across Australia. It adds
Victims Right and Support Act 2013 to its topic of discussion as well. However, the article
clearly mentions that it should be treated as a guide and not as a legal advice (State Library of
NSW 2018).
Question 15
Industry Self-regulation has several advantages and disadvantages at the same time. The
advantages are as follows:
It helps the industry to reduce the production costs that arises due to unnecessary
regulations, which are eventually borne by the consumers.
It helps to diminish information asymmetry that creates issues in the market.
It boosts the economy by forming a flexible and hassle-free regulatory environment, in
contrary to the complicated and inefficient state regulatory bodies.
Business Law: Legislations, Domestic Violence, Self-Regulation, Business Types, and Regulations_3

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