- Australia's legal system is based on the British model but continues to adopt features of the United States system. Australia's highest court is the High Court of Australia which sits in Canberra.
- Australia's federal system of government is similar in many respects to the United States and Canada.
- Laws which are relevant to doing business in Australia are made by all 3 tiers of government: federal, state (and territory) and local.
- The Federal Government's power to make laws is defined by the Constitution. Under the Constitution the Federal Government may legislate in the areas of taxation, foreign investment, defence, the banking and monetary system, interstate and overseas trade and trade mark and patent registration.
- The Constitutions of the states and territories confer more general powers, however in the event of conflict with federal laws, the Federal Constitution provides that the federal law prevails.
- Local governments are a creature of state governments and will only be relevant to business operations as they are affected by land use and development.
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The information contained in this article has been prepared by the Minter Ellison Legal Group. Professional advice should be sought before applying the information to particular circumstances.
