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Elements and Performance Criteria

  1. Determine legal structure of the business.
  2. Monitor compliance with statutory and regulatory requirements.
  3. Secure rights to products and services.

Required Skills

Required skills

literacy and numeracy skills to

determine the costs and consequences of noncompliance with key legal obligations and requirements affecting wholesale transactions

determine the costs and consequences of noncompliance with key legal obligations and requirements affecting wholesale transactions

interpret basic documents of a statutory legal and contractual nature within a business context

record store and transfer information

planning and organising skills to research plan analyse and organise information

Required knowledge

business policy and procedures affecting job role or function

community and consumer representative groups

concepts of ownership of products concepts technology and ideas

confidentiality and security requirements

financial reporting and accounting

information sources on product and supply arrangements for customers

key regulatory organisations and bodies

legal rights and responsibilities of different business structures

legal structures of businesses

relevant legislation and statutory requirements including

industry codes of practice

work health and safety WHS

Australian consumer law

service and consumer rights and business obligations

sources of legal and technical expertise and advice

statutory and approval processes

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

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

Evidence of the following is essential

identifies analyses and describes a range of basic business structures

accesses and interprets a range of relevant legal and technical advice on operational matters

determines and formally details the compliance of existing business operations with legal and legislative requirements

confirms and describes the rights of consumers covering a range of service and product delivery scenarios for a business

uses relevant legal and statutory rights to protect the business brand and intellectual property

Context of and specific resources for assessment

Assessment must ensure access to

a retail work environment

relevant documentation such as

legislation and statutory requirements

information on the internal and external operating environment

business policy and procedures manuals

information on

business operations

markets

competitors

products and services

suppliers

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge The following examples are appropriate for this unit

observation of performance in the workplace

thirdparty reports from a supervisor

review of portfolios of evidence

written or verbal questioning to assess knowledge and understanding

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 individual, accessibility of the item, and local industry and regional contexts) may also be included.

Business structure:

may vary according to:

confidentiality considerations

franchise arrangements and structures

preferences of owners

requirements of funding bodies

superannuation considerations

taxation considerations

may be established as a:

incorporated company

partnership

sole trader (also known as a ‘single proprietor’)

trust.

Legal and legislative provisions may include:

Australian Competition and Consumer Commission provisions

contract law

emergency procedures

environmental protection legislation

equal employment opportunity (EEO) and antidiscrimination law

franchise agreements

industry codes of practice

licence, patent or copyright arrangements

WHS

taxation law, including registration for the GST

Australian consumer law and fair trading Acts

transport, storage and handling of goods

workers’ compensation

workplace relations.

Statutory and regulatory requirementsmay vary in relation to:

business merchandise range

characteristics of specific products or services

size, type and location of business

types of products and services provided

varying levels of staff training

worksite specific context, variations and environments.

Insurance requirements vary according to:

intended use of products or services

location of market and business

types of products and services provided.

Rights and obligations may be determined by consulting internal or external experts in areas, such as:

economics

finance and accounting

insurance

law

probity

technical and scientific

trade.

Recordsmay be:

electronic

manual.

Sources ofinformation may be:

direct or indirect

electronic or hard copy

feedback

nonverbal communication

verbal communication, including:

face-to-face

radio

telephone

written instructions and communication, such as:

data exchange

emails

letters.

Brandmay encompass:

company brands

intellectual property

product brands

registered brands

registered trademarks

supplier brands.