There are legal obligations for most small businesses. They will vary depending on the nature of the business.
To avoid problems in the future it is important to understand your obligations. It is recommended that you seek legal and business advice before starting your business.
Business structure and registrations
Your business structure will determine which tax registrations you need, in addition to your personal liabilities.
You are responsible for ensuring you have the correct business registrations and that they are maintained and renewed.
Your tax requirements may include registering for goods and services tax (GST) and pay as you go (PAYG) withholding, and reporting to the Australian Tax Office (ATO). Read more about business structures and tax requirements.
Selling goods and services
If you sell goods and services you will need to comply with the Competition and Consumer Act 2010, which also includes the Australian Consumer Law (ACL). The ACL outlines specific protections for consumers against unfair business practices.
- ensuring standard form contracts do not have unfair terms
- honouring customer guarantees
- ensuring the safety of products and services
- complying with rules on sales practices (such as price, customer information, lay-by agreements and unsolicited customer agreements).
Small retail shops are generally able to trade 24 hours a day, however in some cases the type of business can dictate the hours that it can open. Find out more about retail trading hours from the Department of Mines, Industry Regulation and Safety.
A contract is a legally binding agreement between two or more people. It may be between you and another business or you and your customer. It is important to understand your obligations relating to contracts.
In Western Australia, retail shop leases must comply with the Commercial Tenancy (Retail Shops) Agreements Act 1985. It is important to seek legal and business advice before negotiating a commercial lease.
If you operate your business from home, you will need to register with your local council and seek their approval.
If you employ staff you will have a number of additional obligations. These may include:
- workers’ compensation insurance
- establishing and maintaining a safe workplace
- pay and employment conditions
- tax and superannuation
- keeping employee records
- leave entitlements
- equal opportunity laws
- injury management.
Read more about employer obligations.
Work Health and Safety (WHS)
You have a duty of care to the health and safety of your staff, contractors, customers and the general public. WorkSafe WA has developed information and resources to assist small businesses to comply with their WHS obligations.
Privacy and information protection
Most small businesses will not have to comply with the Privacy Act 1988, however there are exceptions. A small business with an annual turnover of $3 million or less will have to comply if it is:
- a health service provider (eg. medical practitioner, pharmacist, chiropractor, gym, child care centre)
- trading in personal information (eg. buying or selling a mailing list)
- a contractor that provides services under a Commonwealth contract
- an operator of a residential tenancy database
- a credit reporting body
- business that are related to a business that is covered by the Privacy Act.
More information is available from the Office of the Australian Information Commissioner.
Protect your intellectual property (IP) to ensure you retain your exclusive legal rights to it. It is also important not to use someone else’s IP in your business without their permission.
Seek advice from a qualified lawyer or contact the Law Society of WA