Unit of competency Outline
Date retreived
22/07/2026 6:54 AM AWST
22/07/2026 6:54 AM AWST
Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.
Manage compliance within the marketing legislative framework
Manage compliance within the marketing legislative framework
Unit of competency
National Code
BSBMKG520A
BSBMKG520A
State Code
D4874
D4874
TGA Status
Replaced
Replaced
DTWD Status
Replaced
Replaced
State Implementation and Classification
Approved Date
15/04/2011
Field of Education
080505 - Marketing
Original Release Date
15/04/2011
Nominal Hours
50
Description
This unit describes the performance outcomes, skills and knowledge required to comply with the marketing legislative framework, and use this framework for competitive advantage.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Identify and interpret the legislative framework relating to marketing
- 1.1. Identify and locate current information about legislation as it relates to marketing decision making in the industry context
- 1.2. Identify codes of practice as they relate to marketing, and analyse their implications for the industry context
- 1.3. Analyse how legislation relating to marketing can protect and assist the trader, consumer and competitive process
- 1.4. Identify sources of information and advice about the legislative framework relating to marketing, and analyse them for usefulness in the industry context
2. Promote a culture of compliance with the legislative framework relating to marketing
- 2.1. Identify benefits and essential components of the legal compliance program relating to marketing, and how they fit with the whole of organisation compliance program
- 2.2. Participate in a marketing compliance audit and make recommendations to address identified gaps
- 2.3. Identify possible implications of non-compliance and use them to recommend changes to practice
- 2.4. Design a training program to educate staff on compliance as it relates to marketing
3. Recommend strategies to use the legislative framework relating to marketing for competitive advantage
- 3.1. Identify and analyse a range of methods to protect the organisation's products and services being marketed against intellectual property breaches
- 3.2. Make recommendations on strategies for protection of intellectual property rights and present to key stakeholders
- 3.3. Make recommendations to implement systems to identify intellectual property infringement by third parties
- 3.4. Identify remedies for own and other organisations' breaches of marketing legislation which could have an impact on the organisation
- 3.5. Access and effectively use others' intellectual property within legal guidelines for business advantage
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 candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Legislation may include:
door-to-door sales legislation
legislation around intellectual property, including:
Copyright Act
Designs Act
passing off
Patents Act
state or territory Business Names Acts
Trade Marks Act
lotteries and gaming legislation
packaging and labelling legislation
sale of goods legislation
state or territory competition codes
state or territory Fair Trading Acts
trade measures legislation.
Codes of practice could include:
Australian Association of National Advertisers Code of Ethics
Australian Direct Marketing Code of Practice
Australian eMarketing Code of Practice
Therapeutic Goods Advertising Code
individual organisation's marketing codes of practice.
Sources of information and advice could include:
Attorney-General's Department
Australian Communication and Media Authority
Australian Competition and Consumer Commission (ACCC)
Australian Legal Information Institute (AustLII)
Australian Marketing Institute (AMI)
Commonwealth of Australia Law (ComLaw)
IP Australia
lawyers specialising in intellectual property and marketing
the Marketing Association of Australia and New Zealand (MAANZ).
Benefits may include:
opportunity to improve marketing performance and competitive advantage
incentive to make positive marketing decisions rather than reactive and risky decisions
assisting organisation to become a good corporate citizen
preventing damage to reputation
preventing consequences of breaking the law, such as penalties and costs.
Implications of non-compliance may include:
loss of reputation
monetary and criminal penalties
cost of legal advice
liability for damages
diversion of resources away from core business activities
negative effect on staffing.
Methods to protect could include:
copyright
patents
registration of designs
trade marks.
Third parties could include:
competitors
suppliers.
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 candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Legislation may include:
door-to-door sales legislation
legislation around intellectual property, including:
Copyright Act
Designs Act
passing off
Patents Act
state or territory Business Names Acts
Trade Marks Act
lotteries and gaming legislation
packaging and labelling legislation
sale of goods legislation
state or territory competition codes
state or territory Fair Trading Acts
trade measures legislation.
Codes of practice could include:
Australian Association of National Advertisers Code of Ethics
Australian Direct Marketing Code of Practice
Australian eMarketing Code of Practice
Therapeutic Goods Advertising Code
individual organisation's marketing codes of practice.
Sources of information and advice could include:
Attorney-General's Department
Australian Communication and Media Authority
Australian Competition and Consumer Commission (ACCC)
Australian Legal Information Institute (AustLII)
Australian Marketing Institute (AMI)
Commonwealth of Australia Law (ComLaw)
IP Australia
lawyers specialising in intellectual property and marketing
the Marketing Association of Australia and New Zealand (MAANZ).
Benefits may include:
opportunity to improve marketing performance and competitive advantage
incentive to make positive marketing decisions rather than reactive and risky decisions
assisting organisation to become a good corporate citizen
preventing damage to reputation
preventing consequences of breaking the law, such as penalties and costs.
Implications of non-compliance may include:
loss of reputation
monetary and criminal penalties
cost of legal advice
liability for damages
diversion of resources away from core business activities
negative effect on staffing.
Methods to protect could include:
copyright
patents
registration of designs
trade marks.
Third parties could include:
competitors
suppliers.
EVIDENCE GUIDE
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.
Overview of assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the following is essential:
identification and application of legislation and codes of practice as they relate to marketing
promotion of a culture of compliance with the legislative framework relating to marketing
development of strategies to use the legislative framework for competitive advantage.
Context of and specific resources for assessment
Assessment must ensure access to:
a workplace or simulated work environment
relevant workplace documents
research facilities.
Method of assessment
The following assessment methodsare appropriate for this unit:
review of portfolio of evidence of actions taken to promote a culture of compliance with the legislative framework relating to marketing
oral or written questioning to assess understanding and application of the marketing legislative framework
analysis of responses to case studies and scenarios around issues relating to marketing law
demonstration of training for staff around marketing compliance issues
review of report with recommendations for action for an organisation to ensure compliance with the marketing legislative framework.
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.
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.
Overview of assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the following is essential:
identification and application of legislation and codes of practice as they relate to marketing
promotion of a culture of compliance with the legislative framework relating to marketing
development of strategies to use the legislative framework for competitive advantage.
Context of and specific resources for assessment
Assessment must ensure access to:
a workplace or simulated work environment
relevant workplace documents
research facilities.
Method of assessment
The following assessment methodsare appropriate for this unit:
review of portfolio of evidence of actions taken to promote a culture of compliance with the legislative framework relating to marketing
oral or written questioning to assess understanding and application of the marketing legislative framework
analysis of responses to case studies and scenarios around issues relating to marketing law
demonstration of training for staff around marketing compliance issues
review of report with recommendations for action for an organisation to ensure compliance with the marketing legislative framework.
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.
Replaced By
| State Code | National Code | Title | Type |
|---|---|---|---|
| AUJ53 | BSBMKG520 | Manage compliance within the marketing legislative framework | Unit of competency |
| State Code | National Code | Title | Type |
|---|---|---|---|
| D163 | BSB50107 | Diploma of Advertising | Qualification |
| D185 | BSB60507 | Advanced Diploma of Marketing | Qualification |
| D174 | BSB51207 | Diploma of Marketing | Qualification |