Legislative options for addressing phoenix activity, Business Law and Ethics

Assignment Help:

Q. Legislative options for addressing phoenix activity?

There are a range of legislative options for addressing phoenix activity and the following legislative options were explored with stakeholders.

Garnishee Orders

The ATO has the power to issue garnishee orders which allow recovery of debts from a person's bank account, wage or from people who owe the debtor money. Legislative change could be introduced so that the FWO could garnish unpaid entitlements from bank accounts, wages and debtors. Stakeholders emphasised that this would be a significant expansion of the FWOs role.

Dual appointment of FWO Inspectors

An additional legislative option would be for FWO Inspectors to be appointed under the Tax Act and the Corporations Act giving them greater powers in their investigations. Stakeholders had significant reservations about the practicalities, viability and effectiveness of such an option.

Joint employment provisions

One option that was raised in consultation with stakeholders was the introduction of joint employment provisions, whereby both the employing entity and the entity that receives the labour are liable for employee expenses. Though some stakeholders were broadly supportive of such measures, others highlighted that this option would have significant implications for corporations law and sub-contract arrangements in Australia.


Related Discussions:- Legislative options for addressing phoenix activity

Characterisation of the legislation, Your task is to examine and analyse th...

Your task is to examine and analyse the article by Shae McCrystal The Fair Work Act 2009 (Cth) and the Right to Strike. (2009) (December) Vol 23 Australian Journal of Labour Law

Change the law and move to comparative negligence, 1. Maryland is one of a ...

1. Maryland is one of a few states in which contributory negligence is a complete defense, barring the plaintiff from any recovery. What is contributory negligence? How does it com

Strong and weakness of acts of parliament, Strong and Weakness of Acts of P...

Strong and Weakness of Acts of Parliament: There an Act of Parliament may be said to possess the giving advantages: as; (i) Democratic in nature Now here it is democrati

Explain the concept of salomon principle, Question 1: (a) Explain the c...

Question 1: (a) Explain the concept of Salomon Principle and critically analyse its importance in company Law. (b) Discuss why and in what circumstances the court will pierc

Ratification of corporate acts, Ratification of Corporate Acts: A numb...

Ratification of Corporate Acts: A number of English cases which are regarded as instances of lifting the veil are those relating to informal ratification by the members of act

Name based definition of phoenix activity, Q. Name based definition of phoe...

Q. Name based definition of phoenix activity? The approach taken in New Zealand has been to define phoenix activity in terms of the re-use of the name, or a name similar, to th

Explain recognition of states pertains, Explain Recognition of States perta...

Explain Recognition of States pertains Recognition of States pertains to whether a state exists or not, meaning thereby, the participants of global community should recognize t

Commitment of agent - agency law, Commitment of Agent - Agency Law Howev...

Commitment of Agent - Agency Law However responsibilities of an agent for the principal are: as; (a) Care and skill However to exercise due diligence in such performance of hi

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd