Analysis of Australian Constitution and Business Structures for Penny

This project delves into the intricacies of the Australian Constitution, examining the division of powers between the Federal and State governments, particularly in the context of the COVID-19 pandemic, taxation, and border control. The analysis references key constitutional elements, including the roles of the Parliament, the High Court, and the influence of the Commonwealth of Australian Constitution Act 1900. The second part of the project provides advice on the most suitable business structure for Penny, a recently retired lawyer planning to sell cupcakes. It discusses the advantages and disadvantages of a sole proprietorship, considering its simplicity and minimal paperwork requirements, making it an appropriate choice for Penny's venture. The project concludes with a brief overview of the laws and business structures discussed.

PROJECT

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY ..................................................................................................................................3
TASK ..............................................................................................................................................3
QUESTION 1...................................................................................................................................3
In context of knowledge of Australia constitution analysis has to be done over statement........3
QUESTION 2...................................................................................................................................4
Advise the most appropriate business structure to Penny explaining the reasons......................4
CONCLUSION................................................................................................................................5
REFRENCE.....................................................................................................................................6

INTRODUCTION
Laws are those set of rules that is being formed in order to keep balance within society.
Also laws are those kind of framework that is being formed to make reduction in crime rate of a
country. These set of rules are to be followed by all persons living in a society. Laws are there to
deal with all kinds of aspects that is existing within the society. They are those kind of rules and
regulations which has been existing for controlling of factors having negative impact over
society. Scope of these are wider in nature because it covers all aspects within the society. Nature
is dynamic because of the vibrant facts existing within it. In this file there are two situation are
given and questions are to be answered relating to these situations.
MAIN BODY
TASK
QUESTION 1
In the existing situation that has emerged due to Covid=19 each territory and state of
Australia has been responding according to situation. Powers to open international borders is in
the hands of Federal Government. Income tax has been collected by federal government but
stamp duty has to be paid to State Government.
In context of knowledge of Australia constitution analysis has to be done over statement
The Commonwealth of Australian Constitution Act 1900 has been formed for giving
permission to six colonies in Australia that was still subject over British law for forming national
government in accordance with the constitution(Tushnet, 2019). Also the act consists of
preamble and it includes 9 clauses within it. Only 9th clause is original Australian Constitution.
The constitution in this considers eight chapters and 128 sections. Further it is explain as follows:
Chapter I in this description over compensation and power of Australian Parliament is given
that consists of Queen and legislature also:
Single-member representation for each for the House of Representatives
Multi-member representation for each state for the Senate.
Chapter II describing of power over the elements that has been executing over government and
this includes Queen with Governor-general.

Chapter III this provides over creating of federal courts that includes High courts of Australia
that is related to final court of appeal. High court is there for interpretation of law with dispute
settlement and covering loopholes within the constitutions (Ulmschneider and Lutz, 2019).
Chapter IV this chapter deals with financial related and trade related matters
Chapters V and VI it is helpful in outlining of relationship that is there between the Australian
Parliament, the states and territories. Also most importantly this chapter is there to deal with
Australian Parliament with the state parliament both has been given power to make laws over
different subjects. If these laws conflicts then national law overrides state law.
Section 122 in Chapter 6 gives the Australian Parliament the power to override a territory law
at any time. It also allows the Australian Parliament to make laws for the representation of the
territories.
QUESTION 2
Penny that is being recently retired after working as a lawyer fro 30 years. This is there
yo keep herself active and earn money for holidays. For this purpose selling of cup-cakes is done
at the Farmers Market that is there in her locality every Saturday. She inherit an unique recipe
from her grandmother and believes that cake is going to hit the market. Now she is looking for
business medium with less complexity.
Advise the most appropriate business structure to Penny explaining the reasons
An sol proprietorship is that kind of business that is being hold by sole trader or
proprietorship. In an unincorporated business it is the owner who plays an important role in
running the business. Also has to pay personal income tax over the profit that is being earned out
of the business running by him. In such kind of business there are very easy steps that is required
to be established or has to take apart because of lack of business, individual self-contractors, and
consultants. Many sole proprietors do business under their own names because creating a
separate business or trade name isn't necessary (Yosifon, 2019).
It is different from that of corporation and limited partnership under which no separate
legal entity is being created out of the organization. This has resulted into making owner of
business to be not exempted from the liabilities that has been inured by entity. Such business is
popular method of doing business because of the less paper work that is involved within it and
cost is also very less.

In this kinds of business the owner is required to only register his name for securing of
local license that gives him permission to do business. An distinct disadvantage is that the owner
of a sole proprietor should remain liable over the debts of business. This is important for filling
suit against the sole proprietor in case he falls into legal trouble and debts has to be paid by the
money he is having (Zwier, 2017).
In the case scenario that is being mentioned above Penny is keen to open a new shop for
selling cup cakes and wants least paper work to be done to start it. The business medium that has
to be used by her is sole proprietorship because of the less complex structure that is involved in
its registration and less investment involved within it.
CONCLUSION
In the following file the concept of law has been explained that means certain rules and
regulations that is been formed within an country to deal with crime and various elements
responsible for it. Further in this file two Questions are given in which first question deals with
constitution and basics of it. In the end second questions is explaining about sole proprietorship
ton be used as a business medium.

REFRENCE
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