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Elements and Performance Criteria

  1. Identify and interpret the legislative framework relating to marketing
  2. Promote a culture of compliance with the legislative framework relating to marketing
  3. Recommend strategies to use the legislative framework relating to marketing for competitive advantage

Required Skills

Required skills

analytical skills to interpret how legislation around marketing could impact on the business

initiative and enterprise skills to identify opportunities to use the legislative framework for competitive advantage

learning skills to design training programs that are suitable for a range of people with different learning styles

literacy skills to produce complex reports and recommendations around compliance

research skills to

locate legislation and codes of practice relating to marketing

participate in a compliance audit

technology skills to research the legislative framework

verbal communication skills to

negotiate with legal advisers

train staff on compliance

Required knowledge

components of a compliance program and compliance audit

different methods to protect intellectual property

key provisions of legislation as it relates to marketing including

doortodoor sales legislation

legislation around intellectual property including

Copyright Act

Designs Act

passing off

Patents Act

state or territory Business Names Acts

Trade Marks Act

lotteries and gaming legislation

packaging and labelling legislation

sale of goods legislation

state or territory competition codes

state or territory Fair Trading Acts

Therapeutic Goods Act

trade measures legislation

key provisions of codes of practice relating to marketing including

Australian Association of National Advertisers Code of Ethics

Australian Direct Marketing Code of Practice

Australian Communications and Media Authority ACMA Australian eMarketing Code of Practice

Therapeutic Goods Advertising Code

individual organisations marketing codes of practice

sources of information and advice about marketing law

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the following is essential

identification and application of legislation and codes of practice as they relate to marketing

promotion of a culture of compliance with the legislative framework relating to marketing

development of strategies to use the legislative framework for competitive advantage

Context of and specific resources for assessment

Assessment must ensure access to

a workplace or simulated work environment

relevant workplace documents

research facilities

Method of assessment

The following assessment methodsare appropriate for this unit

review of portfolio of evidence of actions taken to promote a culture of compliance with the legislative framework relating to marketing

oral or written questioning to assess understanding and application of the marketing legislative framework

analysis of responses to case studies and scenarios around issues relating to marketing law

demonstration of training for staff around marketing compliance issues

review of report with recommendations for action for an organisation to ensure compliance with the marketing legislative framework

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector workplace and job role is recommended


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Legislation may include:

door-to-door sales legislation

legislation around intellectual property, including:

Copyright Act

Designs Act

passing off

Patents Act

state or territory Business Names Acts

Trade Marks Act

lotteries and gaming legislation

packaging and labelling legislation

sale of goods legislation

state or territory competition codes

state or territory Fair Trading Acts

trade measures legislation.

Codes of practice could include:

Australian Association of National Advertisers Code of Ethics

Australian Direct Marketing Code of Practice

Australian eMarketing Code of Practice

Therapeutic Goods Advertising Code

individual organisation's marketing codes of practice.

Sources of information and advice could include:

Attorney-General's Department

Australian Communication and Media Authority

Australian Competition and Consumer Commission (ACCC)

Australian Legal Information Institute (AustLII)

Australian Marketing Institute (AMI)

Commonwealth of Australia Law (ComLaw)

IP Australia

lawyers specialising in intellectual property and marketing

the Marketing Association of Australia and New Zealand (MAANZ).

Benefits may include:

opportunity to improve marketing performance and competitive advantage

incentive to make positive marketing decisions rather than reactive and risky decisions

assisting organisation to become a good corporate citizen

preventing damage to reputation

preventing consequences of breaking the law, such as penalties and costs.

Implications of non-compliance may include:

loss of reputation

monetary and criminal penalties

cost of legal advice

liability for damages

diversion of resources away from core business activities

negative effect on staffing.

Methods to protect could include:

copyright

patents

registration of designs

trade marks.

Third parties could include:

competitors

suppliers.