U2 Aos 1 Notes Flashcards
Key Legal requirements – registration, taxation and government regulations
-There are many licences, permits, approvals and authorities which must be taken into account by business owners.
-Businesses that don’t obey the law risk losing customers, being fined or losing the right to continue trading.
Key Legal requirements – registration, taxation and government regulations
BUSINESS NAME REGISTRATION
-Businesses need to register their business name with the Australian Securities and Investments Commission (ASCIC) except when the name is that of the owner.
-You must have an Australian Business Number (ABN) before you register your name.
-The owner should conduct a search on the ASIC website to check whether the name is already taken.
Key Legal requirements – registration, taxation and government regulations
REGISTERING A DOMAIN NAME
-A key element of a businesses online presence will be the domain name which is the address of the website.
-It’s important to choose a unique name with easy spelling so customers can find it. A business can register multiple names.
-Domain names can be registered through resellers and registrars by visiting the Australian Doman Administration website. Registering only costs between $10 and $100 a year.
Key Legal requirements – registration, taxation and government regulations
TAXATION COMPLIANCE
-Tax is finances collected by the government from individuals and businesses.
-Tax can be imposed on income, capital gains and goods and services. A person starting a business should become familiar with all relevant tax regulations.
-The Australian Tax Office (ATO) is the government body in charge of administering and collecting tax for the federal government.
-Income tax exists for both individuals and businesses.
-Companies pay a flat rate and individuals pay a progressive rate.
-Other federal and state taxes include Pay as you go (PAYG), GST, Fringe benefits tax, stamp duty and land tax.
Key Legal requirements – registration, taxation and government regulations
LOCAL GOVERNMENT LEGAL REQUIREMENTS
- Businesses must first seek local government approval or it could result in the closure of the business and wasted time, money and energy.
-Local governments have control over activities such as: Zoning, new development applications, fire regulations, parking regulations, health regulation and business signs.
Key legal requirements – trade practices legislation
WORK HEALTH AND SAFETY REGULATIONS
-Under the Work Health and Safety Act 2011 a business owner must ensure the health and safety of workers while they are at work.
-In Victoria the Occupational Health and Safety Act 2004 is the principal legislation covering this area.
-WorkSafe Victoria is the government agency in charge.
-They have the power to inspect work sites. Victorian employers must pay WorkCover insurance to cover the costs of workers if they are injured or become ill as a result of their work.
Key legal requirements – trade practices legislation
Consumer protection and fair competition
– Australia has both federal and state laws in place to ensure that businesses and consumers are protected from unfair trading practices.
-Each major industry has its own code of practice which provides guidelines for dealing with customers.
-The Competition and Consumer Act is administered by the Australian Competition and Consumer Commission (ACCC) which promotes competition and fair trading across the nation.
-Consumer Affairs Victoria is the body which administers the legislation in Victoria.
Key legal requirements – trade practices legislation
-The Competition and Consumer Act covers many activities, such as:
CARTELS
-A cartel exists if two or more businesses that would normally be in competition with each other agree to act together.
-The Act prohibits businesses from making agreements with competitors to fix prices, rig bids, share markets or restrict outputs.
-It is illegal for two businesses in competition with each other to agree to set identical prices for their products (price fixing).
Key legal requirements – trade practices legislation
-The Competition and Consumer Act covers many activities, such as:
MISUSE OF POWER:
- The Act prohibits businesses with a substantial degree of market power from engaging in conduct that has the purpose, or has or is likely to have the effect, of substantially lessening competition in a market.
-For example, a business should not take advantage of its power to damage or get rid of a competitor, prevent anyone from competing in a market or prevent another competitor from entering a market.
Key legal requirements – trade practices legislation
-The Competition and Consumer Act covers many activities, such as:
EXCLUSIVE DEALING
-This occurs when one business trading with another imposes restrictions on the other’s freedom to deal with other businesses.
-An example is when a hair products supplier will only sell to a hairdresser on the condition that the hairdresser does not purchase hair products from a competitor of that supplier.
-This can be legal in some circumstances if it is not seen to lessen competition in the market for the products in question.
Key legal requirements – trade practices legislation
-The Competition and Consumer Act covers many activities, such as:
RESALE PRICE MAINTENANCE
- This occurs if a supplier sets the prices at which retailers will sell their products.
-Suppliers can recommend a retail price for the sale of their goods, but it is illegal to attempt to force a retailer to sell at that price.
-It is also illegal to set a minimum price that sellers must not sell below, and to force a retailer not to discount goods. On the other hand, it is quite legal for a supplier to insist on a maximum price, as this can discourage a retailer who has a monopoly in a particular location from overcharging customers.
Key legal requirements – trade practices legislation
-The Competition and Consumer Act covers many activities, such as:
MERGERS AND AQUISITIONS
-The Act prohibits any merger or acquisition that would have the effect, or be likely to have the effect, of competition being substantially lessened.
-Mergers between one or more businesses and acquisitions can be important for the efficient functioning of the economy, as they can allow businesses to achieve efficiencies and spread their risk.
-Therefore, a merger or acquisition may be permitted if it does not substantially limit competition.
-Planned mergers and acquisitions must be notified to the ACCC, which will determine if they can proceed.
Key legal requirements – trade practices legislation
The Act also includes activities that are deemed illegal, such as:
MISLEADING OR DECEPTIVE CONDUCT
-A business must not engage in conduct that is misleading or deceptive or that is likely to mislead or deceive.
-For example, advertisements must avoid words that are deceptive or make false claims or impressions about a product.
-Businesses must reveal full information about prices and not mislead customers about the origins of products.
Key legal requirements – trade practices legislation
The Act also includes activities that are deemed illegal, such as:
UNCONSCIONABLE CONDUCT
-This is conduct in business transactions that is unfair or unreasonable and goes against good conscience.
It is illegal for businesses to engage in unconscionable conduct when dealing with other businesses or with customers.
Key legal requirements – trade practices legislation
The Act also includes activities that are deemed illegal, such as:
UNFAIR CONTRACT TERMS
-A contract is a legally binding agreement between two or more parties.
-Unfortunately, some businesses draw up unfair contracts that are detrimental to the consumer.
-An example is if a contract allows a business to vary prices without notifying the consumer.
-Contracts must be clearly worded, legible and available to all parties.
Key legal requirements – trade practices legislation
The Act also includes activities that are deemed illegal, such as:
FALSE OR MISLEADING REPRESENTATIONS REGARDING GOODS OR SERVICES
-A false or misleading representation is a statement that is untrue, such as claiming that a motor vehicle has a certain fuel consumption performance when it does not.
Key legal requirements – trade practices legislation
CONSUMER GUARANTEES
-The Australian Consumer Law sets out protections for consumers who buy goods and services from businesses.
-Consumer guarantees are a comprehensive set of rights and obligations in relation to the supply of goods and services to consumers.
-Basic rights include the following:
*The consumer will gain clear legal title to goods
*Goods must correspond to any sample, demonstration model or description provided to the buyer
*Goods must be of acceptable quality
*Products must be fit for purpose
*Repairs and share parts are reasonable available
*Services are carried out with reasonable care and skill
*Services are completed with a reasonable time
The role of external professionals when establishing a business
-External professionals such as accountants, solicitors and bank managers can support owners undertaking business planning by providing financial and legal services.
-Along with these, other processionals such as bookkeepers, recruiters, sales professionals, marketing consultants and IT technicians may continue to act as a sources of support beyond the establishment phase.
-The business needs to evaluate whether it has additional employees or freelance professionals act in these roles.
-A freelancer is an independent worker who charge the business for work on a per job basis.
The role of external professionals when establishing a business
BOOKKEEPERS
-Bookkeepers assist a business in keeping and processing a business’s financial records.
-Professional bookkeepers often charge an hourly rate for their services
The role of external professionals when establishing a business
RECRUITERS
-Human resource and recruitment professionals are often used by businesses to find the right staff, often charging a fee based on the salary of the person employed.
In this way, the most important and often quite complex aspect of the business, staffing, is handled by a professional who understands what the business needs.
The role of external professionals when establishing a business
MARKETING CONSULTANT
- Marketing consultants are responsible for raising awareness of a business’s products and brand with their target markets.
-Such consultants often run campaigns that involve advertising and other forms of communication with potential customers