Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Susan Carter
Contact via susan.carter@mq.edu.au
515 W3A
Friday 3-4p.m.
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
(6cp in LAW or LAWS units at 300 level) or (39cp including BUSL250 and BUSL301)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit explores the Competition and Consumer Act 2010 (Cth) , which contains Australia's national competition law and consumer protection law. The unit investigates both topics, by reference to different policy frameworks, including Australia's National Competition Policy and the Australian Consumer Law. Considerable time is spent reading and interpreting statutes and on the administration of schemes of government regulation.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Name | Weighting | Due |
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Class Test | 20% | Week Four Tutorials/OCS |
Assignment | 40% | 8/4/15 at 5 p.m. |
Take home | 40% | 11/6/15 at 5 p.m. |
Due: Week Four Tutorials/OCS
Weighting: 20%
The Class Test will be of 50 minutes duration and consist of one problem question about an aspect of competition law. It will be completed by students in their regular tutorial time.Students may bring a copy of the legislation and one A4 page of their own notes (front and back, at least 10 point font), but no other materials. Students should also bring their own paper to complete the task.
Due: 8/4/15 at 5 p.m.
Weighting: 40%
Research Assignment
The Competition Policy Review (the Harper Review) issued a draft report in September 2014 (http://competitionpolicyreview.gov.au/files/2014/09/Competition-policy-review-draft-report.pdf). Among its many recommendations is a change to s46 which would remove the ‘take advantage’ requirement (‘the proposal’). Its reasons are expressed as follows, at p209 of the Draft Report:
The important point is not whether the outcomes of those cases, on the facts before the court, were correct or incorrect from a competition policy perspective. The issue is whether the ‘take advantage’ limb of section 46 is sufficiently clear and predictable in interpretation and application to distinguish between anti-competitive and pro-competitive conduct.
The cases referred to by the authors of the Draft Report were:
You need to complete the following tasks :
Allocation of marks
Allocation of marks (and a suggestion as to allocation of words) is as follows:
Total word limit: no more than 3,000 words - excluding references. (Note: references are excluded, not footnotes. If footnotes contain argument they will be included in the word count. Penalties apply for exceeding the word limit.)
Further instructions:
You should provide an integrated discussion of the issues, raised, well supported by appropriate legal references. Your work should not be presented in point form and all standard conventions of grammar and spelling should be observed.
Late Submission and extensions
Law School Policy is that late submissions will not be marked and students will receive a mark of zero - unless prior dispensation has been sought and received in accordance with the special consideration policy.
Ample time has been made available for the completion of this assignment. Accordingly, last minute illness or misadventure is unlikely to meet the requirements for special consideration. If you are applying for special consideration, please submit your work in progress through Turnitin with a note that an application for special consideration has been lodged.
Grading Criteria: please see this Unit Guide for grading criteria.
Due: 11/6/15 at 5 p.m.
Weighting: 40%
The take home will consist of one hypothetical problem question which may raise any issues discussed in the course.
Word length: 3000 words.
Footnotes: As this task is in lieu of a formal exam there is no need for footnotes or AGLC referencing. However all cases and legislation should be referenced in appropriate exam style (that is short name, no need for full citation), and if footnotes are included they will be counted in the word length.
Release date: the Take home will be released on the Unit web site on Monday 8th June
Students will have four days to complete this task. This is not an indication of the length or complexity of the task - if students are well prepared they should be able to complete the task in 4-5 hours. The extended time period allows students to plan the completion of this task around their other commitments. This should obviate the need for any requests for extensions - which are unlikely to be given.
DELIVERY
External students are expected to keep up to date with weekly ilectures and reading and attend the On Campus session.
Students are reminded that if they have not completed the ilectures prior to the OCS they will not understand the discussion, will not benefit from it, and will not be able to participate in the discussion.
Students are encouraged to check the unit webpage regularly, which can be accessed through http://ilearn.mq.edu.au Unit materials, including tutorial questions, are available through the unit webpage.
The assignment and the take home exam are to be submitted using the Turnitin portal on the unit webpage.
PC and internet access are required, as are basic computer and word processing skills.
· Corones, SG The Australian Consumer Law 2nd edition (Thomson Reuters 2013)
· Corones, SG Competition Law in Australia 6th edition (Thomson Reuters, 2014)
RECOMMENDED READING
Bruce, Alex Australian Competition Law 2nd edition Lexis Nexis
Bruce, Alex Consumer Protection Law in Australia 2nd edition Lexis Nexis
Useful websites
GRADING CRITERIA FOR INDIVIDUAL ASSESSMENTS
1. ASSESSMENT CRITERIA FOR ASSIGNMENT
FAIL (49% AND BELOW)
PASS (50% - 64%)
CREDIT (65%-74%)
DISTINCTION (75%-84%)
HIGH DISTINCTION (85% and above)
2. ASSESSMENT CRITERIA FOR PROBLEM QUESTIONS
FAIL (49% AND BELOW)
PASS (50% - 64%)
CREDIT (65%-74%)
DISTINCTION (75%-84%)
HIGH DISTINCTION (85% and above)
Law School Policy is late submissions will not be marked and will be given zero, unless prior dispensation has been sought and received, in accordance with the special consideration policy.
Extensions are only available in extraordinary circumstances in accordance with the Disruption to Studies Policy: http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Week/Lecture Date |
Lecture Content |
Assessment |
Week 1 27th February |
Introduction to the Unit, Statutory Interpretation, History of Competition and Consumer regulation and the design of the Competition and Consumer Act 2010(Cth) | Regular lecture attendance is a continuing unit requirement |
Week 2 6th March |
Introduction to competition regulation |
Regular lecture attendance is a continuing unit requirement |
Week 3 13th March |
Collusion and Cartel Regulation | Regular lecture attendance is a continuing unit requirement |
Week 4 20th March |
Cartel Regulation continued; Misuse of Market Power |
Regular lecture attendance is a continuing unit requirement Tutorial Test 20% |
Week 5 27th March |
Exclusive Dealing and RPM |
Regular lecture attendance is a continuing unit requirement |
Week 6 3rd April GOOD FRIDAY |
Mergers and Acquisitions; Authorisation, Remedies and Enforcement
NO LECTURE TODAY. TUTES THIS WEEK WILL BE I-TUTES - DETAILS TO BE PROVIDED |
Regular lecture attendance is a continuing unit requirement |
ASSIGNMENT DUE - 8TH APRIL AT 5 PM | ||
Week 7 24th April |
Introduction to Consumer Protection Regulation; Consumer Protection – warranties and guarantees |
Regular lecture attendance is a continuing unit requirement
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Week 8 1st May |
Misleading and deceptive conduct | Regular lecture attendance is a continuing unit requirement |
Week 9 8th May |
Manufacturers’ Liability |
Regular lecture attendance is a continuing unit requirement |
Week 10 15th May |
Unconscionable conduct | Regular lecture attendance is a continuing unit requirement |
Week 11 22nd May |
Unfair Contract Terms | Regular lecture attendance is a continuing unit requirement |
Week 12 29th May |
Remedies and enforcement | Regular lecture attendance is a continuing unit requirement |
Week 13 5th June |
No lecture this week but tutorials continue |
Revision as required |
Take Home Exam Available Monday 8th June Due Thursday 11th June |
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.
This graduate capability is supported by:
We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue knowledge for its own sake. They will continue to pursue learning in their careers and as they participate in the world. They will be capable of reflecting on their experiences and relationships with others and the environment, learning from them, and growing - personally, professionally and socially.
This graduate capability is supported by:
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
This graduate capability is supported by:
Date | Description |
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30/12/2014 | The Unit Schedule has been updated to provide greater clarity about the submission date for the assignment |