ELEMENT

PERFORMANCE CRITERIA

1

Examine compliance of current business to legal systems.

1.1

Determine key elements of major legal systems affecting business to business operations.

1.2

Compare various issues affecting different forms of contract within business operations.

1.3

Detail business entities commonly encountered in the business environment.

1.4

Examine legal aspects of financial transactions within business operations.

1.5

Determine legal requirements for the sale of products and services across state, territory, regional and national borders.

1.6

Examine legal implications of e-commerce for business to business operations.

2

Establish compliance of current product recall policy and procedures.

2.1

Develop recall procedures and guidelines for supplier-initiated recalls.

2.2

Develop recall procedures and guidelines for wholesale business recalling its products and services.

2.3

Develop recall procedures and guidelines for government or industry initiated recalls.

2.4

Ensure product recall procedures and guidelines comply with prevailing legislative, legal and industry requirements.

2.5

Circulate product recall procedures and policies to relevant personnel and business partners.

2.6

Establish procedures for halting or monitoring the sale and distribution of recalled products.

2.7

Inform staff of risks associated with recalled products.

2.8

Establish policy and procedures for dealing with media and consumer enquiries relating to product recalls.

2.9

Establish storage, isolation or disposal process for recalled products according to risk and recall notification.

2.10

Analyse records and reports on product recall activities and costs.

3

Analyse responsibilities and accountabilities of parties undertaking business transactions.

3.1

Determine legal rules relating to ownership of assets and intellectual property.

3.2

Apply legal rules relating to the transfer of risk.

3.3

Design and issue warranties in compliance with relevant legislation.

3.4

Ensure insurance for business operations and products complies with relevant legislation.

3.5

Ascertain legal remedies and enforcement options available for the resolution of disputes.

4

Analyse and apply principles in business and contract law.

4.1

Determine requirements for a valid contract to be formed in a business environment.

4.2

Apply remedies available for breaches of contract within a business to business transaction.

4.3

Analyse range of principles affecting business to business licensing and other agreements.

5

Analyse how the law protects intellectual property.

5.1

Determine major principles relating to intellectual property and its creation.

5.2

Compare various forms or categories of intellectual property.

5.3

Determine operation of the law with regard to proprietary interests held by a company or individual in a wholesale product being traded overseas.

5.4

Apply law of copyright in business to business transactions and relationships.

5.5

Apply law of design in business to business transactions and relationships

5.6

Analyse various methods of regulating patents and trade marks in an international and local business environment.

5.7

Apply principles of assignment and licensing of intellectual property rights.

5.8

Determine legal consequences of franchising of intellectual property rights held by a business.

6

Identify risks associated with managing supply across national boundaries.

6.1

Determine basic risk management strategies for addressing legal requirements when managing an international business venture or operation.

6.2

Determine nature and extent of risk with regard to legal requirements affecting the conduct of overseas business transactions.

6.3

Identify potential risk factors with regard to internationallegal requirements affecting trade and overseas business.

6.4

Examine roles and responsibilities of carriers and owner under legislation, conventions and rules covering transport of goods by sea.

6.5

Determine international application and provisions covering the sale of goods for business transactions.

6.6

Establish costs and consequences of non-compliance with key international legal obligations and requirements.

6.7

Determine risks associated with different modes of transport for products.