Tabl1710 - Tutorial 1

TABL1710 – Tutorial 1

1. (a) In what ways do you think the law impacts upon your personal life?

Laws provide rules and regulations for what we can and cannot do in our personal lives (it dictates how we must behave). It is a systematic set of rules to regulate or control conduct within a society.

(b) In what ways does the law impact upon business?

Businesses must abide by the necessary laws in order to build a market share and flourish in the economy. Laws that may impact on businesses include: consumer protection, contract law, licenses and permits, intellectual property, bankruptcy, insolvency. There are also various types of legislations that affect businesses and the way they are allowed to operate, including acts, regulations, licenses, permits, codes of practice.

1. What are our two sources of law in Australia?

The two sources of law are statute law and common law. Statute law is legislation that has been passed through Parliament. Common law is law developed by judges and the court. When an issue goes to court and there is no statute that covers it, a judge will hear the case and issue a verdict. The record of this verdict becomes a precedent so that when similar cases arise, other judges may take into account the penalty previously issued.

1. Briefly explain how and when the Commonwealth of Australia was established?

The Commonwealth of Australia was established on 1 January 1901, where the British Parliament passed legislation allowing the 6 Australian colonies to govern in their own right as part of the Commonwealth of Australia. It was established as a constitutional monarchy, since it was established with a written constitution, and Australia’s head of state was Queen Victoria. A ceremony in Centennial Park, Sydney, formally marked the beginning of the new nation and established elements of the first Commonwealth government.

1. What is the Constitution? How might it be changed?

The Australian Constitution is the most important document in Australian government history. It is a set of rules by which a country or state is run. It established the Commonwealth of Australia government, defined its structure, powers and procedures, and defined the rights and obligations of the states in relation to the Commonwealth. The Australian Constitution can only be changed by referendum according to the rules set out in section 128 of the Constitution. A proposed change must first be approved as a bill by the federal Parliament.  It is then sent to the Governor-General in order for a writ to be issued so a referendum can occur. If a majority of people across the nation vote ‘yes’, then the proposal to amend the Constitution is agreed to, otherwise it remains unchanged.