1. ESTABLISHING A BUSINESS – LEGAL REQUIREMENTS
CHAPTER 10
ESTABLISHING A BUSINESS – LEGAL REQUIREMENTS

2. Compliance with key legal and government regulations
Legal compliance must be considered both prior to business commencement and throughout the life of a business.
The laws surrounding business are always changing, and just like regular citizens a business needs to meet its responsibilities to society.

3. Compliance with key legal and government regulations
There are a number of areas of a business’s operation that require legal consideration.

4. Compliance with key legal and government regulations
A business that wants to use a name that isn’t a personal name must register it.
Business name registration requires an Australian business number (ABN) and an Australian Company Number (ACN).
Most businesses also purchase a domain name that reflects the business name.

5. Compliance with key legal and government regulations
Local government by-laws should be considered for the area the business wants to operate.
These govern a range of things, from the type of business that can operate in a particular area through to restrictions on opening hours and parking.

6. Compliance with key legal and government regulations
Business licences, permits and approvals are required by most businesses. They can be given by government or professional associations, depending on what is needed.
They include things like food preparation permits and liquor licences.

7. Compliance with key legal and government regulations
The right of employees to be safe at work is protected by occupational health and safety (OH&S) laws.
Businesses are required to train staff on OH&S policies and procedures, as well as maintain a safe working environment.
WorkCover insurance covers employers if an employee is injured at work.

8. Employment laws
Since 1992, all employers in Australia must make superannuation contributions on behalf of their employees.
Businesses are also required to take out WorkCover insurance in the event that an employee is injured or ill because of their work.

9. Employment laws
Workplace relations (sometimes known as industrial relations) regulates the relationship between employees and employers.
It is overseen by the Fair Work Commission (FWC) and covers a range of things, from wages to the termination of employment.
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10. Employment laws
Equal opportunity, anti-discrimination and sexual harassment laws ensure that everyone has the same opportunities and can feel safe and secure at work.
These laws vary from state to state, although federal legislation does exist.

11. Employment laws
Environmental protection laws are enacted by all levels of government. In Victoria they are enforced by the Environment Protection Authority (EPA).
The laws cover areas like noise, waste discharge, the use of toxic substances and emissions into the environment.

12. Employment laws
Consumers are protected by national laws that apply to businesses in their dealings.
These are monitored and enforced by the Australian Competition and Consumer Commission (ACCC).

13. Rights of the Australian consumer
Australian consumer law covers goods and services, entitling the consumer to a repair, replacement or refund in certain circumstances.
The conditions under which a consumer can have their purchase repaired or replaced are outlined in a warranty.

14. Rights of the Australian consumer
Any agreement to buy or sell goods, even if it simply spoken, is considered a contract.
Australian contract law protects both parties in the event that a contract is not fulfilled.

15. Rights of the Australian consumer
Product labels must be accurate and cannot mislead the consumer about what they are purchasing.
Things like nutritional information and the ‘Made in Australia’ label have certain rules that regulate their display.

16. Rights of the Australian consumer
Personal information held by businesses is protected by federal privacy laws.
This ensures that personal information is not misused and is stored and handled in an ethical way.

17. Rights of the Australian consumer
It is the responsibility of all businesses to pay an appropriate amount of tax.
Tax in Australia is administered by the Australian Taxation Office (ATO).
There are different types of tax, and a business may be required to pay multiple taxes.

18. Rights of the Australian consumer
Every business requires some form of insurance. The premium will depend on how much risk is involved in the business’s activities.
Insurance will cover damages, losses and injuries, among other things.

19. Rights of the Australian consumer
Codes of practice are often self-regulated industry standards to which businesses adhere.
They set out the behaviour and standards required for a business to be run ethically.