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Key Legal framework for for doing business in Australia 

Welcome to Australia for setting up your business and doing business

Essential Key the legal requirements for doing business in Australia. 

Business Registrations:

Type of business structures for your business:

  • Individual (sole trader)

  • Partnership

  • Joint Venture

  • Trust

  • Company (public or private)

Each structure has its benefits and drawbacks. understanding its differences for your business needs is an essential requirement. 

Company immigration 
The Temporary Skill Shortage visa (TSS, the subclass 482 visa), is a temporary work visa for working for a designated employer. 

  • Standard Business Sponsorship (SBS) Approval: The sponsoring organization (your prospective employer) must apply for SBS approval.

  • Nomination Approval: Once SBS approval is granted, the employer nominates a specific position for the TSS visa. The nominated position must align with an occupation on either the Short-Term Skilled Occupation List (STSOL) or the Medium and Long-Term Strategic Skills List (MLTSSL).

  • 482 Visa Application: You, as the skilled worker, apply for the TSS visa.Visa Duration: The TSS 482 visa allows you to work in Australia for up to two or four years, depending on the type of work you’ll be performing.

Australia's major regulation authorities

  • The Australian Competition and Consumer Commission (ACCC)

  • The Foreign Investment Review Board (FIRB)

  • The Australian Prudential Regulation Authority (APRA)

  • Australian Securities and Investments Commission (ASIC)

  • The Australian Competition and Consumer Commission (ACCC)

  • The Australian Taxation Office (ATO)

  • Australian Business Registry Services (ARBS)

  • Australian Securities Exchange (ASX)

  • Reserve Bank of Australia (RBA).












Anti competition and Fair Trading Laws:

business  contracts:

Privacy Laws:

Employment Laws:

Intellectual property (IP) law:

  • protect the rights of creators and owners of inventions, including music, literature, designs, or artistic expressions. 

  • Trade Marks: Protect brand names, logos, and distinctive signs associated with goods and services.

  • Patents: Grant exclusive rights to inventors for their inventions or innovations.

  • Trade Secrets: Guard confidential business information.

Taxation law in Australia ​

  • Income Tax: The most common type of tax, levied on individuals and businesses.

  • Goods and Services Tax (GST): A consumption tax on most goods and services.

  • Capital Gains Tax (CGT): Applies to the sale of assets like property or shares.

  • Payroll Tax: Paid by employers based on their payroll expenses.

  • Fringe Benefits Tax (FBT): Relates to non-cash benefits provided to employees.

  • Superannuation Tax: Pertains to contributions and earnings within superannuation funds.

  • Stamp Duty: Imposed on certain transactions (e.g., property purchases).

  • Excise Duties: Applied to specific goods (e.g., alcohol, tobacco, fuel).

  • Customs Duties: Levied on imported goods.

Dispute Resolution System in Australia 

  • Alternative Dispute Resolution (ADR) - ADR processes involve an independent third party assisting parties in resolving disputes.

  • These processes do not include judicial determinations (court decisions).

  • mediation: A mediator assists disputing parties in reaching a mutually acceptable resolution.

  • conciliation: an independent third party known as a conciliator assists disputing parties in reaching an agreement. 

  • Arbitration: a practitioner evaluates with expert evidence the dispute and decides.  Commonly used in commercial disputes, construction contracts, and international matters.

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Comprehensive legal protection tailored to your specific business needs and circumstances.

Essential laws for protecting your business from potential risks 

  1. Business Formation, Structure & Registation: Understanding the legal structures available for businesses (such as sole proprietorship, partnership, corporation, or limited liability company) and choosing the one that best suits your needs in terms of liability protection, taxation, and management.

    Australian Business Number (ABN): Essential for all business activities.
    Goods and Services Tax (GST): If a business with a turnover of $75,000 or more.Tax File Number (TFN) and Pay As You Go (PAYG): withholding for employees.


  2. Contracts: Knowing how to draft, review, and negotiate contracts is crucial for protecting your business interests in transactions with customers, suppliers, employees, and other third parties.

  3. Intellectual Property (IP) Law: Protecting your trademarks, copyrights, patents, and trade secrets can safeguard your brand, inventions, creative works, and proprietary information from unauthorized use or infringement by others.

  4. Corporation migration: Sponsor-Based Employment Programs 482 visa: 
    SBS allows businesses to sponsor overseas workers under the Temporary Skill Shortage (TSS) visa and Employer Nomination Scheme (subclass 186) visa.


  5. Free Trade Agreements (FTAs): Australia has FTAs that facilitate the movement of persons supplying services without Labour Market Testing (LMT) required and other related concessions.

  6. Employment Law: Understanding employment laws regarding hiring, firing, discrimination, harassment, wage and hour regulations, employee benefits, and workplace safety can help you maintain compliant and fair employment practices.

  7. Commercial Real Estate Law: If your business involves leasing or owning property, understanding real estate laws can help you negotiate favorable lease terms, address property disputes, and ensure compliance with zoning regulations and land use laws.

  8. Data Privacy and Cybersecurity: Protecting customer and employee data is essential in today's digital age. Familiarize yourself with data privacy regulations (such as GDPR or CCPA) and implement cybersecurity measures to safeguard sensitive information from unauthorized access or data breaches.

  9. Tax Law: Understanding tax obligations and incentives applicable to your business can help you minimize tax liabilities while staying compliant with tax laws and regulations.

  10. Australian Consumer Law (AXL): aims to protect consumers and ensure fair trading practices. key aspects are unfair contract terms, price fixing, product safety, penalties, and enforcement. 

  11. Insolvency law in Australia governs the process for dealing with companies who cannot pay their debts in due. Key aspects are voluntary admiration, Deed of company arrangement, liquidation, receivership, and safe harbour provision. 

  12. Regulatory Compliance: Depending on your industry, there may be specific regulations and compliance requirements that you need to adhere to, such as environmental regulations, food safety standards, financial regulations, or industry-specific licensing requirements.

  13. Litigation and Dispute Resolution: Knowing how to address legal disputes, whether through negotiation, mediation, arbitration, or litigation, is essential for protecting your business interests and resolving conflicts with customers, suppliers, competitors, or employees.

  14. Insurance Law: Obtaining the appropriate insurance coverage for your business, such as general liability insurance, professional liability insurance, or cyber insurance, can provide financial protection against various risks and potential liabilities.

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