Written test SITXGLC001 (4)
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Written test Unit Code:- SITXGLC001 Unit Name:- Research and comply with regulatory requirements
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DC No. 5485
1. Name 4 sources of information you may use in order to research legal information in your industry.
Primary research
When you do primary research, sometimes called field research, you go out into the field and collect data yourself, as opposed to relying on material already available in books or online. It's important to note that primary research entails:
surveys
simple observances
In-depth discussions and interviews that you or your researcher create and lead (Bulgurcu, Cavusoglu and Benbasat, 2010).
Secondary research
Secondary research, sometimes known as "desk research," involves sifting through already-
published materials in order to compile relevant data. Some common types of secondary research
are:
online data or information
current findings from market research
information already in your possession, such as product catalogues and client lists
Data collected by various organisations such as trade groups, government departments, universities, and public libraries and city halls (Jin et al., 2015).
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2 .Name a website where you can get information for small business owners and operators,
particularly for legal compliance issues.
www.business.qld.gov.au
http://www.australia.gov.au/
http://www.asbfeo.gov.au/
3. Name 2 types of licenses a business may require in TH&E industry.
Air and Water Pollution Control Permit
Business License
Fire Department Permit
Sign Permit
Federal Licenses
Sales Tax License
County Permits
State Licenses (Schwienbacher and Larralde, 2010).
4. Contracts formalise the agreement between two parties. They are binding legal
documents. List 6 types of contracts that you may need to enter into as a part of running a
business.
Types of contracts can include:
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DC No. 5485
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Verbal contracts
Written contracts
Period contracts.
Standard form contracts (Spithoven, Clarysse and Knockaert, 2010)
The term "business contract" refers to any agreement between two or more parties in the business world that is binding under law.
Learning About Legal Agreements
Deals struck both orally and in writing
Crucial aspects of any deal
The fundamentals of an agreement's framework and content
Contracts with standard clauses and unreasonable terms
Ahead of putting pen to paper
Resolving a Contract (Schwienbacher and Larralde, 2010) 5. What are 3 consequences of businesses not complying with legislation and regulatory compliance.
Imprisonment
For violations of health and safety regulations, the maximum term in the Magistrates' Courts is six months, while the maximum in the Crown Courts is two years (Jin et al., 2015). Loss of Reputation
Any business that doesn't follow the rules might end up with a bad reputation and fewer 4
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consumers.
Loss Of Current Or Potential Staff
Would you apply for a position with the same organisation if you knew they had been prosecuted
for violations of health and safety laws, or employment and human rights laws?
6. What are the penalties for failing to comply with the travel Agents act?
Although the need for a licence as a travel agency has been lifted, other requirements, such as the
Australian Consumer Law, must still be followed (ACL).
In Western Australia, a travel agent's licence is not required (Bulgurcu, Cavusoglu and Benbasat, 2010).
Travel and the Australian Consumer Law (ACL)
In order to comply with their obligations under the ACL, travel agencies must ensure that their
clients get services that are both competent and appropriate for their needs.
If you are an agent and have questions regarding your responsibilities under the ACL or any
other legislation, you should consult an attorney.
To help agents better understand their rights and remedies under the ACL, a series of guides has been compiled. Get your hands on some right now! The Australian Consumer Law as it applies to the Travel and Lodging Industry
Penalties for violating the ACL may be very severe if brought to trial and found guilty, including monetary fines of up to $1.1 million for a corporation and $220,000 for an individual (Abbott and McKinney, 2013).
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Australian Federation of Travel Agents (AFTA)
A free-form, business-driven accreditation system has been established by AFTA. The full
name of the organisation is the Australian Federation of Travel Agents (AFTA) Travel
Accreditation Scheme (ATAS).
The AFTA Charter and Code of Conduct include procedures for resolving complaints and
outlining minimum expectations for doing business ethically.
Additionally, AFTA maintains a Code Compliance Monitoring Committee that handles
complaints against members and makes recommendations for punishments such
suspension or termination of membership.
It is still possible for customers to file complaints with Consumer Protection against travel agencies. The members of AFTA have access to optional insolvency insurance coverage (Bulgurcu, Cavusoglu and Benbasat, 2010).
7. What are the penalties for australian who commit child sex offences while overseas?
Engaging in, facilitating, or benefiting from sexual activity with minors (under 16) while abroad is illegal for Australian citizens, permanent residents, and corporations. A punishment of up to $500,000 or up to 25 years in jail is possible for businesses committing these crimes (Choi, Lee and Yoo, 2010).
8. List 5 issues in your industry that may need to seek specialist legal advice about?
Consultants
Accountants
Insurance brokers
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Business bankers
Financial advisers (Jin et al., 2015)
9. How can standard operating procedures help ensure legal compliance?
When a company wants its employees to consistently achieve high quality results in repetitive tasks, it develops standardised procedures, sometimes known as "standard operating procedures" (SOPs). Standard Operating Procedures (SOPs) have the following goals: efficiency, quality output, and consistency of performance while decreasing misunderstandings and noncompliance with industry laws (Salkind, 2010).
10. How can including an approval step in the SOP help you comply with WHS?
Having a step in the SOP for approval is an excellent idea. That way, employees will have to get management's OK before doing anything risky, which should cut down on mishaps. Proper usage
of equipment is another way in which standard operating procedures may guarantee WHS conformity. It offers a methodical strategy for identifying risks, evaluating them, and implementing solutions.
11. List 7 duties of a Compliance Manager.
The compliance manager is accountable for the establishment and maintenance of all company policies and procedures in accordance with all applicable laws and regulations, as well as for their review, revision, disruption, implementation, monitoring, and evaluation.
The compliance manager's job is to make sure the company follows all rules and regulations.
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To ensure that legal changes permeate to the operational level, the compliance manager must educate workers about changes in process and should train them appropriately.
The compliance manager is responsible for communicating with government agencies and legal counsel, conducting internal audits, and enacting policy changes throughout the organisation.
It is the responsibility of the compliance manager to be aware of interstate regulations if the hotel chain or tourist firm were to launch a new outlet in a different state.
The compliance manager is responsible for analysing a wide variety of areas, including payroll taxes, WHS laws, licencing needs, planning procedures, food safety issues, environmental consequences, and more.
The compliance manager is accountable for ensuring the appropriate completion, submission, and filing of all required paperwork and documents (Schwienbacher and Larralde, 2010).
12. List 3 ways that you can notify staff of updates to policies and procedures?
Ask for feedback
Inform employees up-front
Introduce final product
13. List 3 ways you can keep up to date with legislation changes that may affect your industry?
Subscribe to trade journals
Follow the latest issues of consumer periodicals
Explore online message boards and chat rooms, and join in the conversation (Spithoven, Clarysse and Knockaert, 2010).
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14. Name a regulatory body from your industry that you may consult for compliance
advice.
Meetings and Events Australia, the Australian Hotel Association, and the Australian Federation of Travel Agents all provide their members access to the latest news and expert legal counsel.
15. Why must a business make sure that any contractors they employee, holds the appropriate licences?
If a company engages in business with a contractor that lacks the proper licencing to perform its activities, the company is engaging in unlawful behaviour and breaking the law. As a result, companies may prevent legal trouble by verifying the credentials of their contractors (Abbott and
McKinney, 2013).
16. List 5 documents you may need to keep up to date as proof that you are checking your business compliance on a regular basis?
•
Accounting records
•
Bank statements
•
Legal documents
•
Insurance documents
•
Permits and Licenses (Salkind, 2010)
17. In a business with a partnership structure, who has the debt liability?
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Jointly, all partners are liable for the company's obligations. Each partner personally assumes responsibility for the obligations of the other partners. In legal terms, this is referred to as "joint and several responsibility" (i.e. unlimited liability) (Bulgurcu, Cavusoglu and Benbasat, 2010).
18. In a business with a Company structure, can the shareholders have personal assets taken if the business assets are not enough to pay the debt?
Owning shares of stock in a corporation gives one the right to claim ownership of that firm. Although the value of the shares may be zero if the firm goes out of business, the shareholders are not personally responsible for the debts or other obligations of the company. Unless, of course, the shares are only partly paid for, in which case they may need to pay the remaining balance to make the shares paid in full.
Shareholders would be paid nothing in the case of an insolvent liquidation unless they had a claim as creditors of the Company, who would be paid first (Salkind, 2010).
19. List 5 matters the Federal Department of the Environment oversees:
The Department develops and executes government policies and programmes in Australia with the goals of protecting and conserving the environment, water, and history; promoting climate action; and providing enough, dependable, and cheap energy.
Subjects addressed by the Division:
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Air quality
•
Protection of wetlands
•
Land contamination
•
Importation and hazardous waste
•
Ecological communities
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•
National fuel quality standards (Choi, Lee and Yoo, 2010)
20. According to Australian law, everyone has an equal right to work and to be treated fairly while at work. It is illegal to deny someone an opportunity to work on the basis of what? (List 6 things).
•
Hostile treatment on the basis of a protected characteristic, such as race, colour, religion, sex, national origin, handicap, genetic information, or age;
•
harm done to someone because they opposed discrimination, filed a discrimination claim, or cooperated with an inquiry;
•
discrimination in the workplace because to a person's gender, ethnicity, religion, age, national origin, sexual orientation, or physical or mental disability,
•
based on false beliefs or speculations about a person's genetic information;
•
discriminating against someone because of who they're married to in the workplace,
•
Discrimination on the basis of racial, ethnic, or religious affiliation, such as in the form of exclusion from schools or places of worship (Abbott and McKinney, 2013).
21. Can your refund policy state ‘No refunds’? Why or Why not?
A firm is not required to post a sign stating its refund policy, thus the policy cannot say that
customers will get no money back if they are dissatisfied with their purchase. If they do,
however, the sign can't be deceptive.
Posting signs that read "No refunds" is against the law. Businesses are not allowed to publicly state or display signs saying that they do not provide refunds for any reason, including free 11
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items and items purchased during specials. There's an implication that clients have no legal recourse if things go wrong rights in case of defective products. It is against the law for a company to misinform clients about their protections. Check that all employees have a firm grasp of the company's return procedure. This will aid them in making informed judgements on refunds and responding appropriately to client inquiries. Having second thoughts after making a purchase does not qualify a customer for a refund. As an added bonus, consumer guarantees may persist long after any warranties you provide have run their course (Salkind, 2010).
22. Give one example of a local or by-law you might need to comply with in your industry?
Businesses in Australia's food service sector are obligated to provide consumers with safe,
edible products in accordance with national food safety requirements. In Australia, a "food
business" refers to any company or endeavour that deals with the preparation, packaging, or
selling of food. The standards' stated goal is to reduce the number of people who get sick from
consuming contaminated food (Spithoven, Clarysse and Knockaert, 2010).
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Reference list
Abbott, M.L. and McKinney, J. (2013). Understanding and Applying Research Design
. [online] Google Books
. John Wiley & Sons. Available at: https://books.google.co.in/books?
hl=en&lr=&id=ZWgj1ed4Ln0C&oi=fnd&pg=PT407&dq=research+design&ots=-
IE_ARi_OX&sig=_ngTx_hQ8pYjp9qkSAszZUo2H8o [Accessed 9 Feb. 2023].
Bulgurcu, B., Cavusoglu, H. and Benbasat, I. (2010). Information Security Policy Compliance: An Empirical Study of Rationality-Based Beliefs and Information Security Awareness. MIS Quarterly
, [online] 34(3), p.523. Available at: https://www.jstor.org/stable/25750690 [Accessed 9
Feb. 2023].
Choi, Lee and Yoo (2010). The Impact of Information Technology and Transactive Memory Systems on Knowledge Sharing, Application, and Team Performance: A Field Study. MIS Quarterly
, [online] 34(4), p.855. Available at: https://www.jstor.org/stable/25750708 [Accessed 9
Feb. 2023].
Jin, X., Wah, B.W., Cheng, X. and Wang, Y. (2015). Significance and Challenges of Big Data Research. Big Data Research
, [online] 2(2), pp.59–64. Available at: https://www.sciencedirect.com/science/article/pii/S2214579615000076 [Accessed 9 Feb. 2023].
Salkind, N.J. (2010). Encyclopedia of Research Design
. [online] Google Books
. Sage. Available at: https://books.google.co.in/books?
hl=en&lr=&id=pvo1SauGirsC&oi=fnd&pg=PA1149&dq=research+design&ots=qud-
HBp4l4&sig=kpArBHZBQGR_RQJqbhcLCEKT5dk [Accessed 9 Feb. 2023].
Schwienbacher, A. and Larralde, B. (2010). Crowdfunding of Small Entrepreneurial Ventures
. [online] papers.ssrn.com. Available at: https://papers.ssrn.com/sol3/papers.cfm?
abstract_id=1699183.
Spithoven, A., Clarysse, B. and Knockaert, M. (2010). Building absorptive capacity to organise inbound open innovation in traditional industries. Technovation
, [online] 30(2), pp.130–141. Available at: https://www.sciencedirect.com/science/article/pii/S0166497209001333 [Accessed 9
Feb. 2023].
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