PRETEXT:

You have secured a competitive internship with ClickTryBuy ('CTB'). CTB is a start-up business, based in Wollongong, that designs augmented reality (AR) software for use in online retail stores. CTB's software suite allows customers to 'hold', 'inspect' and 'try on' 3D renderings of products before they make a purchase. Within your first rotation through the company, you have been assigned to work with a team that is performing risk and compliance assessments for the company's latest AR software: Change Room 3.0. Your supervisor, Che, has just emailed you the following urgent task:

Dear Intern,

To fulfil our 2022 risk assessment strategy, our team is required to investigate whether all aspects of CTB's new AR software - Change Room 3.0 - comply with Australian laws and regulations. Since you are currently studying 'LAW101' at university, we would like you to tackle some preliminary questions concerning the legal and regulatory context of this software.

Q3. When instructing our team, the Managing Director of CTB stated: 'to conduct a thorough compliance check you should consider all relevant State and Commonwealth legislation'. Elucidate the rationale for this instruction, by explaining:

(a) Why it is important for an Australian business to examine both State and Commonwealth legislation; and

(b) How conflict between State and Commonwealth legislation is resolved in Australia?