1. Legal Requirements Definition
2. Legal Requirements For Hiring Employees
3. Employment Application Legal Requirements
4. Legal Requirements For A Check

In each case, certain criteria will need to be met in order for the sweepstake to be exempt from the regulatory regime of the Gambling Act. This is not a comprehensive consideration of all the different permutations of sweepstake which may be possible, and variations on the themes may require different considerations in the terms of the Act.

You must consider your legal requirements when starting your business. If you do not follow legislative requirements and regulations, your business can face serious penalties. A range of legal requirements may affect your business.

Business structure

• You must keep all registrations for your business structure up to date. For example, your business name must be renewed when due and you must lodge annual returns if you operate a company.
• The Corporations Act 2001 (Cwlth) details requirements relating to companies and financial products and services.
• Taxation requirements of businesses include GST and PAYG.
• If you go into a partnership, your solicitor should draw up a written contract before you begin trading or make any financial commitments.

Leasing premises

• Retail shop leases must comply with the Retail Shop Leases Act 1994.
• Your solicitor should read any lease before you sign to ensure the terms and conditions are appropriate and you understand your obligations before you sign.
• If you operate a home business, your local council may limit the number of people who can work there. You can use the local government directory to find contact details for your local council.

Intellectual property

• Protecting your intellectual property (IP) gives you the legal entitlement to that IP. You can protect your IP using trademarks, patents and designs.
• You will need to review and, if appropriate, renew IP protection regularly (e.g. trademarks must be renewed every 10 years).
• IP issues are complex and you should seek specialist advice.

Employment

• Legally, when you employ staff you must meet certain employer obligations.
• You must select the right person for your business in line with the job description and selection criteria you have specified. Read how to recruit and interview staff.
• You should make offers of employment in writing, including conditions of awards, agreements and the employment contract.
• All employees should attend induction training to become familiar with the workplace and any work health and safety issues. A carefully developed induction training process can protect your business from risks including health, safety and environmental (HSE) issues, discrimination and unfair dismissal claims. Read about keeping your workplace safe and your legal obligations when training staff.
• Before dismissing a staff member you must ensure you've followed due process and are not breaching the Anti-Discrimination Act 1991.

Supplier agreements

• Getting your agreements with suppliers in writing will minimise misunderstandings and disagreements. Agreements may include creditor terms, supply conditions and any marketing and promotion support.

Risk management

• Manage risks by avoiding them, minimising their negative effects, transferring them to another party, or deciding to accept some of the possible consequences should they arise.
• Several forms of insurance can help with risk management. Read more about risk management.
• Learn more about managing risk when starting up.

Privacy and information

• Safeguard your customers privacy by complying with state and national privacy laws. Read more about privacy and information management.

Contracts

• Contract law is complex. Your solicitor can develop standard agreements for your business to reduce confusion and costs.
• All parties must have the legal capacity to enter into a contract.
• A contract of sale involves an exchange of goods, services, or property from the seller to the buyer for an agreed amount. It refers to a specific type of legal contract.

Legal Requirements Definition

Health, safety and the environment (HSE)

• Your business must have a responsible attitude to HSE issues.
• You have a duty of care to the health and safety of your staff, customers and the general public as per the Work Health and Safety Act 2011.
• You also have a responsibility to address environmental issues. Learn more about the environment and your business.
• Health, safety and environment issues include workers' compensation, food handling and safety, safety related to construction sites, ergonomic requirements and security issues.
• Learn more about keeping your workplace safe.

Legal requirements checklist

• Before you start your business, seek legal advice from your solicitor and other specialist advisers.
• Review your legal requirements on a regular basis. Your business may change over the years, and so may legislation.

Also consider...

• Free legal advice for small businesses and people thinking about starting a business is available through Bond University's Bond Law Clinic.
• Read more about paying transfer (stamp) duty when acquiring a business.
• Find out about business requirements under trade measurement laws.
• Read more about industrial relations, including minimum wages, awards and agreements.

Legal Requirements For Hiring Employees

• Last reviewed: 18 Jul 2017
• Last updated: 19 Apr 2017

• Mentoring for Growth Day - Brisbane21/01/2020
• Mentoring for Growth Day - Townsville22/01/2020

General enquiries 13 QGOV (13 74 68)

The licensing, permit or registration requirements for your business will depend on your business type and structure, its location, and whether you employ staff.

You must operate your business with the correct licences and permits. If you don't, you could experience serious penalties.

Contact your local council

Every council has different regulations. You can contact your local council, using the local government directory, to discuss town planning laws, zoning requirements and other issues such as home business requirements. You must gain council approval for any relevant issues before you begin operating.

Registrations

There are many areas of your business that you may need to register, including your business name, trademark and domain name, as well as registering your business for tax. Learn more about getting the right licences and registrations for your business.

Licences, permits and regulatory requirements checklist

• Visit ABLIS (Australian Business Licence and Information Service) to find the Australian, Queensland and local government licensing information specific to your business.
• Read our business start-up guide to understand more about operating requirements for business.
• Seek professional advice from your solicitor regarding any licences, permits and regulations that affect your business.

• Last reviewed: 18 Jul 2017
• Last updated: 17 Jun 2016

Employment Application Legal Requirements

• Mentoring for Growth Day - Brisbane21/01/2020
• Mentoring for Growth Day - Townsville22/01/2020

Legal Requirements For A Check

General enquiries 13 QGOV (13 74 68)