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Westpac Banking Corporation: Legal Aspects of International Business and Enterprise

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Added on 2024/07/02

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This document explores the legal framework surrounding Westpac Banking Corporation's international operations. It examines key legislation, including the Reserve Bank of Australia Act 1959, the Westpac Corporation Act of 1995, and the Australian Consumer Law. The document also analyzes Westpac's involvement in international treaties and agreements, such as the Financial Services Industry Agreement and the Global ATM Alliance. Additionally, it discusses Westpac's commitment to corporate social responsibility and its participation in the United Nations Global Compact. This analysis provides a comprehensive understanding of the legal and regulatory landscape within which Westpac operates internationally.

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HI5015: LEGAL ASPECTS OF
INTERNATIONAL BUSINESS AND
ENTERPRISE
1

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Contents
Question 1...................................................................................................................................................... 3
Question 2...................................................................................................................................................... 4
Question 3...................................................................................................................................................... 7
References....................................................................................................................................................10
2

Question 1
Westpac is also called as Westpac Banking Corporation is an Australian bank that is financial
service provider headquarters established in Westpac, Sydney. It comes under the big four banks
of Australia. In March 2018, at present company has more than 14 million users and provides
employment to 40000 people. The vision of the company is providing global great service,
helping communities, customers and people to grow and succeed. In 2017 the bank was
considered as the most sustainable bank at the global world as per Dow Jones Sustainability
Index. The core business activities involve Business and commercial bank, consumer bank, BT
financial group, Westpac New Zealand, Westpac institutional bank. The organization is
functioning in a country with 35096 employees involving subsidiaries employees. The company
also provides financial and banking services to corporate and private banking, alternative
investment, broking and many services to consumers of Australia and across the worldwide.
(Source: Fintel, 2018)
3

Question 2
The main functions of Westpac are operated in New Zealand and Australia, generally working in
the fiscal and banking sector. The main objectives of the organization are to create and develop
the country more successful and provide effective banking services. It is essential that
organization has to comply with the rules and regulations of different legislation which are
applied to such banking industries:
The Reserve bank of Australia is also known as Central bank of Australia and controls its
powers and functions from the Reserve bank Act 1959. The duty of a bank is to maintain the
financial services, foreign exchange, provides employment, the welfare of a country, economic
growth. It can be done with the help of handling the cash prices to achieve the inflation
objectives, it is working for a high financial system and effective payment system and it is issued
at different boundaries of country (Reserve Bank of Australia, 2018). The RBA gives several
banking facilities are demanded by the Australian Government and its department with official
institutions and overseas banks.
The Westpac Corporation Act of 1995, states regulations about the Corporation law and other
regulatory frameworks applied on Westpac. There are 9 sections in the prescribed Act that
considers the provisions about the certain aspects of an organization. The Act also covers
amendments, applications, regulations, process to handle the issues and offences. The secondary
legislation Act 1989, are not complies with corporation compliances. Westpac Banking
Corporation Challenge Act 1996, provides the regulations transfer to Westpac Bank from
Challenge Bank limited (Brown, 2018).
Westpac banking corporation (Transfer of the Incorporation) Act of 2000 gives the recording
of the organization as a public ownership having limited by shares of New South Wales in
Corporation banking law. There are around 14 sections and a single schedule. The major
objective of the legislation is to give repeals on little legislation that specifies to Westpac
Corporation. Section 2 of the Act considers registration process of organization as a public
company (Seltzer, 2016). Corporations Regulations of 2002 is applicable to this Westpac
Corporation. It is also considered that Westpac is a registered organization for several objectives
and it also allows an organization to hold its Australian Registration business number as its
Australian Company number.
4

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It is analyzed that such legislation is very specific which are connected to Westpac Banking
Corporation and its business activities. The secondary legislation is also relevant to Westpac.
The laws and order of the legislation and Corporation law apply to Westpac in accordance with
Westpac Banking Corporations of 1995. The organization is required to follow and adopt such
regulations for efficiency and maintain the regularity. The legislation permits the organization to
achieve the aims of creating and allowing public to prosper and success with the compatibility of
land law (Adams, et al., 2017) Australian consumer law guides the rights of consumers,
unsolicited agreements of consumers, security laws, regulations for those who violate the
fundamental rights of people. Australian Consumer and Competition Commission (ACCC) is
accountable for the enforcement and execution of the laws and order of fair and free trading
among the customers and organization. Australian Information Commission (OAIC) controls
the collection and storage process of the individual information and corporate communication.
The laws of secrecy and privacy are different from one judiciary regulation to legislation on the
basis of a location where the banks are functioning.
There are other three important agencies that control the banking fiscal policy a) Australian
Prudential Regulation Authority (APRA) for the practical guidance b) Australian securities
and investment Commission ASIC for the protection and integrity of customers and business
market c) Central bank of Australia for the financial functions. It is described that Westpac
complies with the regulations of Corporations Act, other Australian legislation. The organization
is required to follow the principles and guidelines specified by APRS as per prudential norms.
The code of ethics and code of conduct involves six principles norms on which the organization
operates a) integrity and honesty b) follows with policies and laws of the organization c)
protection and secrecy of information d) preserve professionalism e) group work f) solves the
conflicts and issues.
Westpac Banking Corporation is aimed to comply with the regulations of legislation in
accordance with a requirement of human resources like banking practice Code. The code of
financial reporting and accounting practice is corresponding to the code of ethics and conduct.
The banking organization has certain issues of interest standards that may arise in the future. It
also involves proper principles and guidelines that help in banking organization with the issues in
a legal manner.
5

Westpac banking company notifies AFX for trading the securities and listing the regulations and
rules. The six committees are there in Westpac that deals with several elements that require
regulations and compliances (Berg, 2015). The committees are Risk management committee,
Audit committee, Nomination committee, sustainability committee, Remuneration committee
and technology committee. The basic objectives of the organization for running the business are
following the ethical and corporate practices, satisfy the customers fulfil the needs of staff and
employees and at last protect the environment and society of the country.
Westpac Banking Corporation is the largest banking organization in the world. The goal of an
organization is to achieve the aims and objectives to fulfil the needs of customers be creating and
restructuring the financial sector and banking organization at domestic and international level.
After taking the position of international banking company the services are provided at a global
level and it becomes a reformer and it follows the corporate social responsibility with a
sustainable environment (Salim, et. al., 2016). It is not easy to adopt and follow the banking
regulations in all activities of the organization with compliances of legal obligations as well.
Westpac Inc is following the all above mentioned regulations in accordance with legislation.
6

Question 3
Westpac Corporation provides banking services at an international level and it comes under the
one of the best banking organization in the country having goodwill and reputation among a
large number of customers and other corporations. Westpac becomes the main international
treaties and agreements and is also a portion of United States events for fiscal policy and
developments of banks.
Australia is included under a hidden international treaty known as financial services Industry
agreement. Further, this treaty turned out of control to country finance to global dealers and
money lenders. It was considered that more than 40000 employees of the country lost their
employment after the development of this treaty. It was expected that Australia provides its
ownership to other foreign organization when a position of Westpac is very strong. The
organization has a large number of external shareholders when this treaty was established
(Adlung, 2015). The agreement was signed off this treaty on 12 December 1997. The
commonwealth bank has also a large number of outside shareholders.
Westpac Inc. Corporation amalgamated with St George Bank on 1 December 2008. The
amalgamation is recognized as the largest takeover and business deals of the country under the
banking sector and it is very effective for the success and increasing wealth in the country for
benefits of customers. After the merger with St George, Westpac Inc. became the third biggest
bank of a country. Further, with the merger, it provided large banking services and facilities in
terms of the market capitalization. St George shareholders got 1.31 shares of the Westpac for
every share of St George (Salim, et. al., 2016). It initiates the growth and success of the banking
corporation of Australia and customers and employees as well. it will make banking connection
with 2700 ATM and more than 1000 branches and their connectivity is very consistent, reliable
and very effective services to customers. This amalgamation enhances the value of St George
and Westpac, so it is evaluated that it was the largest achievement for an organization and it
conquers the large part of Australia banking sector. Before the merger, St George was recognized
as a fifth biggest bank of the country, and this merger was also very beneficial in terms of value
and shares for its shareholders
Further, it is also considered that there was a very significant venture of ownership is the Global
ATM alliance. This venture is wholly undertaken by a large number of global banks to support
7

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the customer service with other banks with fewer charges and no charges at international
travelling. This alliance agreement was signed by 7 various countries and it includes a) Bank of
America (USA) b) Allied Irish Bank (Ireland) c) Deutsche Bank (Spain, Italy, Poland, Germany)
d) Barclays (UK, Spain and Parts of Africa) e) Westpac Bank (Australia) f) BNP Paribas
(France) g) Scotia Bank (Canada, Chile, Mexico etc.)
The fees for using the bump saving and e saving account for the Westpac holders are A$5 but it
is not applicable on use the ATM outside from the country. The fees are not applicable when
customers are using the Circus ATM and master cards for bank members of the alliance ( Salim,
et. al., 2016). On the other side, savings accounts and Everyday banking account customers who
use the credit and debit cards outside from the country will pay $3 on any transaction. In this
alliance, there is an essential collection of different banks that reform the banking system at a
global level. The banking customers get a good image and privilege when they travel to a
different place across the world.
Westpac bank is a portion of United Nations for customer-orientated banking. The 25 leading
banking organization are there from different parts of the world. The objective of this is to
develop the accountable and responsible corporation. As per UN report the members of the
banks are responsible for a) make and report the effort at national and international level to keep
in mind certain community factors b) creation of corporate social and sustainability
responsibility c) accountability and responsibility of the banking regulation d) the regional and
national set framework for the banking organization e) development of more corporate
sustainability facilities (Adlung, 2015). Further, in 1992, Westpac has also signed a partnership
with United Nations Environment and world fiscal policy. The major characteristics involve
consulting the shareholders about services and facilities provided by the organization (Beck,
2016). It includes corporate social and sustainable responsibility for the banking organization as
per laws and regulations with Paris agreement for climate changes.
After that, in 2017, Northill Capital and Westpac Banking Corporation come to enter into a
contract in respect for sales of Hastings. Northhill is doing the business of private management
of assets established in London 2010 and its headquarters is located at Australia. Westpac
accomplished its sales of Hastings to North hill capital. This is the subsidiary unit of Westpac
and doing the business of managing the investments. Fiji controlled Westpac and HFC bank
8

signed the contract to give banking facilities at Nadi airport after the 16 Nov 2018. The major
purpose of this convention is to give the banking facilities at an international level to travelers
coming from different parts of the world to this international airport and gives rich class and best
services to users (Bollen, et. al., 2014). It is also considered as the main international convention
between Westpac and HFC bank. It is the main international venture that permits to enhance the
significance of the international banking system. So it is recognized as largest banking
organization of the country with high reputation and goodwill. There were several reforms were
developed in the country with the Westpac in making the various conventions for the success of
the banking system.
9

References
 Adams, M., Borsellino, G., McCalman, J., & Young, A. (2017). Australia’s proposed
Banking Executive Accountability Regime: regulatory panopticon or fail-
safe?. Governance Directions, (9), 528-531.
 Adlung, R. (2015). The Trade in Services Agreement (TISA) and its compatibility with
GATS: an assessment based on current evidence. World Trade Review, 14(4), 617-641.
 Beck, T. (2016). Regulatory cooperation on cross-border banking–Progress and
challenges after the crisis. National Institute Economic Review, 235(1), R40-R49.
 Berg, C. (2015). The Curtin-Chifley origins of the Australian bank deposit
guarantee. Agenda: A Journal of Policy Analysis and Reform, 22(1), 21.
 Bollen, B., Skully, M., & Wei, X. (2014). Basel capital adequacy agreements and bank
risk: Some Australian evidence.
 Brown, S. S. (2018). The role of the United Nations Global Compact in helping to drive
corporate social responsibility-related practices in the Australian banking
sector (Doctoral dissertation).
 Fintel, (2018) Westpac Banking Corp reports 16.87% decrease in ownership of CRM /
Salesforce.com, Inc. [Online] fintel.io Available at https://fintel.io/soh/us/crm/westpac-
banking. [Accessed on 1 September, 2018]
 Reserve Bank of Australia, (2018). Functions and Objectives of the Reserve Bank.
[Online]. Available at:
https://www.rba.gov.au/publications/annual-reports/rba/2009/functions.html [Accessed
on 01 September 2018].
 Salim, R., Arjomandi, A., & Seufert, J. H. (2016). Does corporate governance affect
Australian banks' performance?. Journal of International Financial Markets, Institutions
and Money, 43, 113-125.
 Seltzer, A. J. (2016). Implicit contracts and acquisitions: An econometric case study of
the nineteenth century Australian banking industry (No. 048). Centre for Economic
History, Research School of Economics, Australian National University.
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