Various licences and regulations apply to start up and established businesses.
Some of the key factors to consider include employment conditions and wages, trademarks or patent registration, food safety, codes of practice, EMS, and government requirements – local, State and Commonwealth.
Registering a business name identifies your business and puts on public record the fact that you are the owner of the business. Once you have registered a business name it is unique to you and no other business in this State may copy or use it.
Once you have decided on a name for your business it is simply a matter of checking the register of existing names at the Office of Consumer and Business Affairs to ensure the name you have chosen is not being used by someone else.
You must register a name before you can trade under it and you can do it up to two months before you start up in order to organise things like advertising, telephone listings and business accounts.
Trade marks, brand names and labels
Registration of a business name is only applicable in South Australia, and the Office of Consumer and Business Affairs does not accept any responsibility or liability for your use of a name that is protected nationally or in another state. Business name registration also does not guarantee protection of your label, trade mark or brand.
If you want to protect your rights to exclusive national use of any names or labels you should contact IP Australia, which will provide information about applying for Australia-wide protection under the Trade Marks Act 1955. As part of the application process you will need to check your chosen name or names with IP Australia to ensure you do not infringe the rights of others.
Surprisingly only a small number of businesses need licences, permits or approvals. However, the problem for business owners or their advisers is knowing which licences apply.
The Department for Manufacturing, Innovation, Trade, Resources and Energy (DMITRE), Business Enterprise Centres and Regional Development Australia offers a centralised and constantly updated database of information on all Commonwealth, State and Local Government licencing requirements.
If you need information or want to update your knowledge of licencing requirements for a new or existing business, or are planning to diversify into a new venture, contact your nearest Business Enterprise Centre.
Want to know more?
Licensing of Agriculture and Food
Since all businesses operate within a legal and regulatory framework, you need to be aware of laws that could impact upon your business operations.
Food law help
This Information Kit has been developed by Health SA to assist ‘food businesses’ to implement the requirements that are contained in South Australian food law.