Policy Paper – CSEF/ Deregulation

| June 19, 2015

Policy Paper – CSEF/ Deregulation
*The citations need to strictly adhere to the foot-note style Australian Guide to Legal Citation (3rd edition): http://mulr.com.au/AGLC3.pdf

There is a choice of 2 topics and you are free to pick either based on your degree of confidence in your choice.

The paper was due on Mon 7 April 4pm and i’ve already been incurring a 5% per 24hr period penalty of the total AWARDED marks.

Obviously i would prefer it to be completed ASAP (hopefully by 12 pm AEST tmw 11 April) but i request that you weigh the balance between submitting an essay by the stipulated time or giving it later(albeit a better quality but an additional 5% penalty- in other words, whether submitting a better quality paper to me late(due to additional time) while incurring the additional penalty is more worthwhile than submitting a lower standard paper by 12 pm AEST tmw 11 April) .

Please use as many sources as you can/deem necessary to be able to submit to me on time.

The Question is as follows:

What is a Policy Paper?
A policy paper is similar to a submission to a law reform body or Parliamentary Inquiry where you address a specific topic of corporate law reform. It should focus on the issue that is set out in the question below and should develop a strong well-reasoned argument for or against reform. Additional sources to those referred to below can be used ? however we encourage you not to just re-state other group?s submissions to any Inquiry. The Policy Paper should also contain footnotes and a bibliography.

This assessment does require you to conduct independent research that investigates and analyses the topic you have chosen. The aim of the Policy Paper is to assess your understanding of relevant policy issues and your ability to develop a persuasive argument that takes account of how corporate policy operates in practice. Remember that your policy suggestions must consider all angles and balance the competing issues involved.

Topics
Topic 1
In September 2013 the Corporations and Markets Advisory Committee (CAMAC) issued a discussion paper on Crowd Sourced Equity Funding (CSEF). The Committee outlined a range of options that might be adopted in Australia to improve the regulation of this form of fund raising.

As a senior lawyer who has clients that engage in CSEF, you have been asked to make a written submission to the Inquiry discussing what changes if any should be made, and for what reasons, to the regulation of proprietary and public companies to allow for CSEF. In writing your answer you must address the relevant policy issues at play in this context.
Topic 2
One of the Abbott Government?s election commitments and key policy goals when forming Government was to decrease the regulatory burden on businesses to lead the way for productivity growth in the economy.

Click to access The%20Coalitions%20Policy%20to%20Boost%20Productivity%20and%20Reduce%20Regulation.pdf

http://www.theaustralian.com.au/national-affairs/opinion/deregulation-program-will-pave-the-way-for-productivity-growth/story-e6frgd0x-1226724729098#

Imagine that the Commonwealth Treasury is now seeking submissions on the issue of deregulation and in particular how regulators could improve their interactions with business. They are replying on a Working Paper prepared in July 2012 by the Institute of Company Directors called ?Business Deregulation: A Call to Action?.

http://www.companydirectors.com.au/~/media/E15759038FE74D29ACC521176787EC55.ashx

They have asked that in your submission you focus on the role of ASIC and any changes it could adopt in its interaction with business that would improve the regulatory burden it imposes. In preparing your submission, you should focus in on specific changes and argue why they are desirable from a policy perspective.

To assist you with background reading for this task, ASIC?s main submission to the Senate Inquiry into its performance has been added to the course Wattle site. However, please note that there are nearly 400 submissions to this Inquiry so you will need to be selective if you do chose to consult them.

Due Date:
Your Policy Paper must be submitted online via the course Wattle page by 4.00 pm on Monday 7 April 2014.

Length:
1,500 words (not including footnotes).
Your paper must indicate the word count for each page at the foot of that page, plus a total word count on the front cover.

Presentation
? Please submit your essay with the College cover sheet, providing your student number only and not your name.
? Please use 12 point font and 1.5 line spacing for your paper.
? Please leave a reasonable margin on each page.
? Footnotes must be in accordance with the Australian Guide to Legal Citation (3rd ed, 2010) available as an endnote style through the ANU College of Law Library and at http://mulr.law.unimelb.edu.au/aglc.asp
? Please provide a bibliography of the sources used. The bibliography is not counted as part of the word length. The bibliography must list all sources used by you in writing your paper, regardless of whether they have been referred to in the paper.
? Work submitted for assessment must be your own (see discussion of plagiarism below).
? You can discuss your work with other students, but do not write your essays together.
? Do not copy from a source unless you use quotation marks and acknowledge the author. The LLB Handbook contains further information about what constitutes plagiarism.
? Academic misconduct, including plagiarism, is very serious and attracts penalties and possibly disciplinary action.

Penalties for non-compliance
The following penalties will apply where the requirements for presentation are not complied with
? Footnotes must not contain substantive material, only references and citations. Penalty for non-compliance: 1 mark.
? The essay must be 1.5 or double space, and in 12 point font and in a serif font, eg Times New Roman (which this is), Garamond, Palatino or Bookman, and with 3 cm margins left and right. Penalty for non-compliance: 1 mark for each, but no more than 2 marks in total.
? You must include a bibliography. Penalty for non-compliance: 1 mark.

Criteria for Assessment
The policy paper will be assessed on the following criteria
? Analysis and argument ? ability to synthesise materials into a concise and cohesive argument that addresses the topic
? Critical and original reflection ? capacity to engage in original and critical reflection on the topic and capacity to contribute beyond merely restating or summarizing the relevant published research
? Understanding of law and the analytical issues ? understanding of the relevant law and the arguments in the literature on the issues raised by the question
? Organisation and structure ? clarity, logic, conciseness and coherence
? Writing ? fluency, spelling, grammar, syntax
? Compliance with instructions ? footnotes, word limit, presentation

Extensions and penalties for lateness or breach of word length
The College?s standard policies and penalties, as set out in the LLB and JD Handbook 2013, will apply. Please note that for weekends and long weekends are counted for the purposes of calculating a late penalty.

Results and Feedback
We will aim to have the case analysis marked and returned 4 weeks after the submission date (ie week 9).

Independent work and plagiarism
? Work submitted for assessment must be your own.
? You can discuss your work with other students, but do not write your essays together.
? Do not copy from a source unless you use quotation marks and acknowledge the author. The LLB Handbook contains further information about what constitutes plagiarism.
? Academic misconduct, including plagiarism, is very serious and attracts mark penalties and possibly disciplinary penalties.

ADDITIONAL SOURCES (Qns 2):

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