Research and Complying with Regulatory Requirements Report

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This report, structured in three parts, comprehensively addresses the regulatory requirements pertinent to businesses in Australia. Part A identifies key legal frameworks, including the Food Standards Australia New Zealand Act, the Liquor Act, the Tax Assessment Act, the Work Health and Safety Act, and the National Employment Standards. It outlines licensing procedures, food act compliance, liquor licensing, required insurances, tax obligations, WHS requirements, and areas necessitating risk management and specialized legal advice. Part B delves into practical applications, detailing standard operating procedures for food handling, state and local government food act requirements, liquor licensing specifics, tax obligations, and compliance with National Employment Standards and WHS regulations. Part C focuses on operational aspects, examining systems for evaluating non-compliance, implications of such systems, methods for staying updated with legislative changes, staff training, and documentation for compliance and continuous improvement. The report references several key Australian legal and regulatory resources, including legislation.act.gov.au, fairwork.gov.au, and foodstandards.gov.au, among others.
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Running head: RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS
Research and Comply with Regulatory Requirements
Name of Student
Name of University
Author Note
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RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS
Table of Contents
Part-A.........................................................................................................................................2
1. Listing requirements and licensing.....................................................................................2
2. Identifying licensing and legal requirement permits..........................................................2
3. Listing requirements to comply with food act and Australia New Zealand Food Standard
Code........................................................................................................................................2
4. Listing requirements to comply with food act in state and local level...............................2
5. Listing procedures and requirements to extend a liquor license........................................3
6. Listing legislative requirements for liquor license.............................................................3
7. Listing required insurances.................................................................................................3
8. Providing overview of legal tax obligations.......................................................................3
9. Listing requirements to comply with National Employment Standards............................3
10. Listing WHS requirements of the establishment..............................................................4
11. Identifying areas requiring risk management provisions.................................................4
12. Identifying areas required for specialised legal advice....................................................4
Part-B.........................................................................................................................................4
1. Listing requirements to comply with food act and Australia-New Zealand Food Standard
Code........................................................................................................................................4
2. Listing requirements to comply with food act in state and local level...............................5
3. Liquor licensing..................................................................................................................5
4. Providing overview of legal tax obligations.......................................................................5
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RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS
5. Listing requirements to comply with National Employment Standards............................6
6. WHS requirements of the establishment............................................................................6
Part-C.........................................................................................................................................6
1. Systems used to ensure evaluation of operational non-compliance...................................6
2. Assistance of these implications.........................................................................................7
3. Ensuring ways to remain updated with changes in legislation...........................................7
4. Ensuring staffs remain up to date with relevant information.............................................7
5. Documentation used to manage compliance and continuous improvement......................7
Reference....................................................................................................................................8
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RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS
Part-A
1. Listing requirements and licensing
In order to complete the task requirements needed to be complied with include the
Food Standards Australia New Zealand Act, 1991, The Liquor Act, 2010, Tax Assessment
Act, 1997. Along with these the Work Health and Safety Act, 2011 and the National
Employment Standards are also analysed. These acts are important as it helps in identifying
any breach in the legal framework of the country and ensures that businesses are compiled
keeping in mind the legal aspects. The penalties applicable for violating these acts may
fluctuate depending upon the level of offence committed by the individuals.
2. Identifying licensing and legal requirement permits
The licensing and legal requirements that have been identified include the Sale and
Supply of Alcohol, 2012. The act is an enactment of the Sale of Liquor Act, 1989 that
repealed a former licensing act. Section 169(1) contains the legal requirement permits
mentioned in the act (Legislation.act.gov.au 2017).
3. Listing requirements to comply with food act and Australia New Zealand Food
Standard Code
The requirements stated in the Australia New Zealand Food Standard Code is that
every food needs to be labelled or need to have adequate information about the ingredients
that are used for manufacturing the food.
4. Listing requirements to comply with food act in state and local level
The various state and local levels of Australia have requirements that are to be met in
order to ensure that the legal aspects regarding food standards are not violated. These
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RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS
requirements include a date of manufacturing of the food item and the place form the origin
of the food.
5. Listing procedures and requirements to extend a liquor license
In order to extend a liquor license, managers need to ensure that the company is
registered with the Australian Business License and Information Service. The required fees
need to be submitted in order to gain an extension of the legal license in the country
(Infrastructure.gov.au 2017).
6. Listing legislative requirements for liquor license
Statutory provisions for liquor licenses are required in order to sell or conduct
business related to liquor. A commercial practice of licensing is required in order to maintain
the requirements of a liquor license.
7. Listing required insurances
The licensing for a proper liquor store includes insurance that deals with the
breakdown of equipment, income and extra expenses, electronic data and new buildings.
These insurances help an organisation from managing the loss it may suffer from the sale of
liquor.
8. Providing overview of legal tax obligations
The tax obligations that comply with the Australian liquor store and restaurant is that
the managers need to ensure every due is met in order to continue legal business. In the case
of income purposes, no amount can be withheld that may pose problems in the court of law.
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RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS
9. Listing requirements to comply with National Employment Standards
The requirements that need to comply with respect to National Employment
Standards include the maximum weekly hours, flexible working environment parental leaves
and so on (Safeworkaustralia.gov.au 2017).
10. Listing WHS requirements of the establishment
In order to ensure that the health and safety are maintained the managers need to
establish requirements for incident notification, consultation with the workers and any issues
that need to be resolved. The sanitation of the place also needs to be checked as per WHS
requirements.
11. Identifying areas requiring risk management provisions
The risks that may occur in the sale of liquor is obtaining a legal license. This is
important as the Government of Australia is federal and the laws of one state cannot be
applied in other states.
12. Identifying areas required for specialised legal advice
The areas needed for specialised legal advice is the ways by which employment and
health of the employees can be ensured. Individuals under the age of 18 cannot be employed
or allowed to purchase liquor as per the rules set in the Liquor Act, 2010 (Legislation.gov.au.
2017).
Part-B
1. Listing requirements to comply with food act and Australia-New Zealand Food
Standard Code
The standard operating procedures that are required to comply with staff requirements
in the food industry of Australia and New Zealand is to ensure that the employees maintain
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RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS
proper health conditions. The employees involved in the handling of food require washing
hands and fingers thoroughly in order to avoid any infections. The staffs need to dry the
hands using sterilised towels instead of paper towels to prevent recontamination of the hands.
2. Listing requirements to comply with food act in state and local level
In order to organise the local Government requirements as per food act in state and
local level, it is required that the Government of Australia maintain provisions that prevent
the overlapping of the rules in different states. As stated earlier, Australia is a federal
Government meaning that rules of one state cannot be applied in other standards. AIIT hotel
consists of a head chef, sous-chef, chefs and apprentices. Thus, it is required that the state and
local level of the counties engage in employment health that requires maintaining proper
employment rules. The employees need to be paid minimum wages in order to maintain the
satisfaction of the employees. Penalties may apply if the rules are violated in the kitchen.
3. Liquor licensing
The location of AIIT hotel requires the legalisation of liquor stores under the New
South Wales Government policies. As per the standards set by the State Government, it is
required that the licensing legislation used for recruiting nine floors and bar staff need to be
licensed under the Liquor Act, 2010. The company need to be legalised under the on-
premises subsidiary license. This provides permission to sell alcohol as a secondary product
of the restaurant. The bar license is also required in order to maintain the business activity of
selling liquor as a premium consumption for the individuals. The licensing need to have a
capacity of 60 seats within the premises for people engaged in the consumption of alcoholic
drinks (Foodstandards.gov.au 2017).
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RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS
4. Providing overview of legal tax obligations
In order to ensure that fines and penalties regarding the payment of taxes are avoided,
it is necessary that the managers of AIIT comply with the payment of taxes. This includes
remaining aware of the due dates that are required to be maintained for the payment of tax. In
this regard, it can be said that the managers need to clear off the dues at the end of a financial
year. This is applicable as the Australian Income Tax Act, 1997 (Unimelb.libguides.com
2017).
5. Listing requirements to comply with National Employment Standards
As per the National Employment Standards, AIIT needs to recruit people based on the
promise of paying maximum weekly wage. The selection of the candidates needs to be done
in an unbiased manner with leaves given to the employees as fixed annual leave and parental
leave. The National Employment Standards normally promote a safe working environment of
the people (Austlii.edu.au 2017).
6. WHS requirements of the establishment
The WHS requirements of the company include the prevention of bullying and
harassment in the workplace. In order to do so, the company have set up policies that prevent
the bullying and harassment of the employees. Penalties may apply to the extent that
employees may be terminated from work due to the practice of such illegal acts
(Fairwork.gov.au 2017).
Part-C
1. Systems used to ensure evaluation of operational non-compliance
In order to ensure that the operational non-compliance is reduced in the organisation,
it is necessary that the managers of AIIT maintain records in order to avoid controversies.
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RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS
The consistency can be maintained if the managers conduct a thorough checking of the legal
applications that are required for maintaining a successful business.
2. Assistance of these implications
The monitoring system can help in implementing any modifications that are required
for the smooth running of the organisation. The systems can be used to identify any breach in
the departments of an organisation that does not comply with the working of the organisation.
3. Ensuring ways to remain updated with changes in legislation
In order to remain updated with the changes in legislation, it is necessary that the
managers of AIIT keep information from various sources. These sources include searching
the web, following newspapers and news channels regularly in order to remain updated about
the changes. This can help in providing suitable information to the employees as well.
4. Ensuring staffs remain up to date with relevant information
The staffs can be updated by publishing the changes in the bulletin boards and
conducting a meeting. Managers need to encourage the staffs to remain updated regarding the
legislation by collecting relevant information from the web. Responsibilities at every level
need to be documented by the managers.
5. Documentation used to manage compliance and continuous improvement
The documentation that can be used to maintain compliance and improve on the
activities of the organisation includes formulating contracts that need to maintain restrictions
and policies regarding the improvements. This can be managed by updating the policies of
AIIT and encourage changes in practises.
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RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS
Reference
Austlii.edu.au. (2017). All Databases. [online] Available at:
https://www.austlii.edu.au/databases.html [Accessed 29 Oct. 2017].
Fairwork.gov.au. (2017). Welcome to the Fair Work Ombudsman website. [online] Available
at: https://www.fairwork.gov.au/employee-entitlements/national-employment-standards
[Accessed 29 Oct. 2017].
Foodstandards.gov.au. (2017). Food law, treaties and agreements. [online] Available at:
http://www.foodstandards.gov.au/about/foodlawandtreaties/pages/default.aspx [Accessed 29
Oct. 2017].
Infrastructure.gov.au. (2017). Guidelines for Issuing and Administration of Liquor Licences.
[online] Available at:
https://infrastructure.gov.au/aviation/airport/planning/liquorguidelines_3.aspx [Accessed 29
Oct. 2017].
Legislation.act.gov.au. (2017). [online] Available at:
http://www.legislation.act.gov.au/a/2010-35/current/pdf/2010-35.pdf [Accessed 29 Oct.
2017].
Legislation.gov.au. (2017). Federal Register of Legislation. [online] Available at:
https://www.legislation.gov.au/ [Accessed 29 Oct. 2017].
Safeworkaustralia.gov.au. (2017). Model WHS Laws. [online] Available at:
https://www.safeworkaustralia.gov.au/law-and-regulation/model-whs-laws [Accessed 29 Oct.
2017].
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RESEARCH AND COMPLY WITH REGULATORY REQUIREMENTS
Unimelb.libguides.com. (2017). LibGuides: Australian Taxation Law: Legislation. [online]
Available at: http://unimelb.libguides.com/australian_taxation_law/legislation [Accessed 29
Oct. 2017].
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