Essay Sample on the Regulation of Business by the Australian Parliament

Published: 2017-09-02
Essay Sample on the Regulation of Business by the Australian Parliament
Type of paper:  Essay
Categories:  Politics Business law
Pages: 6
Wordcount: 1518 words
13 min read
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Introduction

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In a democratic system, laws are formal guidelines which society uses to characterize how individuals and associations are relied upon to act. Australia is an agent democracy, which implies individuals are chosen to Parliament to speak to Australians and make laws on their behalf. The Australian legal system is based on the English common law system (Australia 2013). Within this system, the sources of law are a statute and delegated legislation, common law, equity and custom and judge made and international law. The most statute on Australia is the Australian constitution act 1900. The constitution is an act of the British parliament and is the supreme law in Australia. In 1901, all the colonies in Austria combined to form the Commonwealth of Australia. At the same time, the constitution established the Commonwealth as a federation of states and as a self-governing nation. Section 51 and 52 of the Constitution, by the principles of federation, give legislative powers to the Commonwealth Parliament either concurrently or exclusively with the state parliaments (Australia 2013). Thus, the statute law applicable in Australia comprises both acts of Commonwealth Parliament and of acts of state parliaments.

Another Commonwealth law must be made, or a current law changed or evacuated, by or under the power of the government Parliament, that is, by or as per an Act of Parliament. Under Australia's Constitution, the government Parliament makes laws just on certain matters. These include worldwide and interstate exchange; outside undertakings; safeguard; movement; tax collection; keeping the money; protection; marriage and separation; budget and financial measures; post and telecommunications; and invalid and seniority annuity. The Australian States hold administrative controls over numerous areas, for example, region government, hospitals, and schools (Australia 2013).

Before a law can be enacted, they are some procedural steps that are followed right from the bill until it can be passed as a law. The first phase of this process is the preparation of a bill. A bill can be defined as a formal document prepares in the form of a draft act more. Specifically, it can be compared to be like a proposal for a change of law. A bill can become law if only it has been acquainted to by the governor general.

One of the businesses that have been affected by the laws enacted in Parliament is the media houses. According to Keri (2015) a different, autonomous media is seen as fundamental to a working democracy, yet Australia now has a standout amongst the most gathered media environments in the western world.

Media regulation had been traced back in the 1930s, a time when the government started to issue a license to radio stations and later in 1950 it was introduced to the television. To get this license, they are some of the regulations that had to be followed, and one had to pay some fee to grant the license. In the newspaper business, the ownership was free until the 1980s when Paul Keating and Bob Hawke were ordered by the Labor government to introduce changes that have defined the media for a long time (Healey 2013).

The principal change restricted media proprietorship to only one kind of media in a given business sector print, radio or television. The second abrogated the tenet that nobody could possess more than two TV stations and supplanted it with one constraining the compass of broadcast licenses to 75 percent of the Australian populace (Healey 2013).

At around the same time, Keating Paul got cross-media proprietorship doctrine, and you may have heard the terms he utilized "the Queen of the screen and the sovereign of print." One could be one or other however not both. His thought was that we make assorted qualities by permitting strength inside one medium yet not predominance crosswise over bunches of mediums. As far as possible the television license holders were not allowed to achieve more than 75 percent of the national survey gathering of people. He concluded that you could develop one resource in, high fixation however you couldn't branch over into another.

At that time, the parliament came up with the regulation of buying a selling. Although this were the rules, the media then decided to create greater media diversity to give Australians access to a wider range of ideas and voices which were the case. Its constraints became noticeable with the development of the new medium pay television. 'At the point when pay-TV went along, there was a battle between all the diverse suppliers Galaxy, Austar, and the irresistible player Foxtel (Healey 2013). Foxtel being a result of Telstra turned into the overpowering pay-TV player and made a tale of the cross-media proprietorship rules because they were having an unmistakable and predominant television administration, yet on pay-TV, however, quarter-possessed by the organization that then claimed by far most of our newspapers.

Even thought Australia's media proprietorship laws have stayed unaltered for over ten years, the debate on the appeal for change has proceeded with unabated. This debate has been fuelled by the appearance of new media advances, various request proposing administrative changes, and the self-enthusiasm of those media associations that report the contention. The Government had since quite a while ago showed that it trusted the doctrine to be behind the times, and in 2002 unsuccessfully endeavored to change the cross-media possession limitations.

The real impact of the laws is to keep the basic responsibility for, television and radio broadcasting licenses that serve the same locale. The reason for the enactment is to energize differing qualities in the responsibility for most compelling types of the business media: the day by day press and allowed to-air television and radio. The justification for the doctrine is that the successful working of democracy requires a different responsibility for the day by broad day communications to guarantee that open life is accounted for in a reasonable and transparent way (Brown 1986).

Since parliament has not possessed the capacity to change the 1930s media regulations, it has been condemned by the absence of practicing their forces for better changes of the media regulation acts. The media regulations are stuck in the 1930s and the inquiry on when will the new laws will be compelled keeping in mind the end goal to bring new proprietorship laws. According to Shalailah (2016), the government will acquaint changes with media proprietorship laws in the principal half of this current year and has been having affirmed by the communications minister, Mitch Fifield. Changes to the broadcasting doctrine are desperately required if local broadcasters are to contend on the same premise as other people in their neighborhood showcases, and guarantee that the huge provincial issues and essential group data keep on getting the scope it merits for nine million Australians living in local, realm and remote areas.

It is the moral obligation of the ministry to prepare the bills for parliament participation. If the minister is not able to execute this, then it means that the people will not be able to change these laws. For instance in Shalailah (2016) case, when Turnbull became the minister of communication, he refused to table the bill in parliament claiming that he is waiting for the consensus. Thanks to the present minister Mitch Fifield, who has demonstrated that he's cleaning off arrangements for a conceivable change of media laws and that he won't be waiting for any agreement.

Australian Parliament regulates the conduct of society, particularly concerning business transactions and interactions. Has observed in the discussion above, the laws that are made have effects on the people either positively or negatively that is why it is mandatory for them to be able to participate in these ideas that are being generated before they are made bills for parliamentary participation. To ensure that each person can receive this information, the media has the freedom to air the idea calling for public involvement and debate on the matter.

Conclusion

In conclusion, Australia is an agent of democracy, which implies individuals are chosen to Parliament to speak to Australians and make laws on their behalf. Under Australia's Constitution, the government Parliament makes laws just on certain matters. Even though they make these laws, the ministers must create a productive link between the people and the parliament so that they can be heard and what the society wants can be made law by parliamentarians. For instance, the power of the media has been undermined by the ignorance of ministers hence refusing to act on behalf of the people displaying an inferior degree of moral ethics.

Reference list

Australia. 2013. Review of the Australian Prudential Regulation Authority annual report.

Brown, A. 1986. Commercial media in Australia: economics, ownership, technology, and regulation. St. Lucia, University of Queensland Press.

Healey, J. 2013. Media ethics and regulation. Thirroul, The Spinney Press. http://public.eblib.com/choice/publicfullrecord.aspx?p=1126794.

Keri, P. 2015. The history of media regulation in Australia. http://www.abc.net.au/radionational/programs/rearvision/the-history-of-media-ownership-in-australia/6831206

National Consumer Affairs Advisory Council (Australia). 1989. A discussion document on the Regulation of ownership of the Australian media. Canberra, [publisher not identified].

Shalailah, M. 2016. Changes to Australia's media ownership laws to be introduced to parliament within months. http://www.theguardian.com/media/2016/jan/13/changes-to-australias-media-ownership-laws-to-be-introduced-within-six-months

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