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New and small businesses

Last updated: 25 November 2024

Getting the right advice on planning, legal rules, and finances will help your new or small business succeed. There is support available to help you follow laws and help your business grow.

On this page:

Register your business name 

First step to starting a business is to register the business name. The Australian Securities and Investments commission (ASIC) handles business name registrations, updates and renewals.

Small Business Development Corporation

The Small Business Development Corporation (SBDC) provides free advice and low cost services to small business owners in WA. The provide advice on a variety of subjects including starting a business, finance, marketing, staff and dispute resolution. They run regular workshops on important topics affecting small businesses. 

Business owners are invited to join their peers at the SBDC’s Facebook group.

Business.gov.au also has resources to help register a business, develop a business plan and guide to starting a business.

Retail trading and leases 

Consumer Protection provides information to small and new business owners to help them get up and running.  

Australian Consumer Law

The Australian Consumer Law makes business easier, because your rights and responsibilities as a small business are the same, no matter where you operate in Australia.

Under this law, you automatically give certain ‘consumer guarantees’ when you sell goods or services to consumers – regardless of any other warranty. View Consumer Guarantees.

Make sure you are aware of returns, cancellation and refund rights and rules around refund signs.

Your business as a consumer

Your business is also a consumer and protected by these same consumer guarantees, if it buys: 

  • goods or services that cost up to $100,000 
  • goods or services that cost more than $100,000 and are of a kind ordinarily acquired for domestic, household or personal use or consumption
  • a vehicle or trailer primarily used to transport goods on public roads.

However, the consumer guarantees will not apply if your business buys goods to resell or transform into a product to sell.

For example: If your business buys a printer for $40,000 to use for running the business, it can rely on the consumer guarantees if there is a problem. But if your business bought the printer to resell to consumers, the consumer guarantees do not apply.

Unfair contract terms

Unfair contract terms laws protect small businesses when they are offered standard form contracts by another business. This means contracts made by the other business and offered on a 'take it or leave it' basis.

A business is banned from proposing, using, or relying on unfair contract terms in standard form contracts with consumers and small businesses. Penalties can be as high as:

  • $50 million for businesses
  • $2.5 million for individuals.

If you think a contract term is unfair, ask the provider to amend it or remove it. Talking about the issue first could save you time and money – and lead to a better outcome.

If they won’t, contact the SBDC advisory service for help or seek legal advice.

Ultimately, only a court or tribunal can decide if a term is unfair.

For more information, visit the Unfair terms in small business contracts - ACCC.

Guides to the Australian Consumer Law

For more information about rights and responsibilities under the Australian Consumer Law, view see: Consumer Guarantees, Consumer rights for products and consumer rights for services.

ACL for business page has guides for businesses and legal practitioners covering each consumer guarantee and some specific industry guides. These guides are designed spefically for small business:

Resolving problems

Problem with another business 

You may be able to get help to resolve a dispute with another business, if your business is entitled to consumer protections under the Australian Consumer Law.

Contact SBDC advisory service on 133 140.

Problem with a customer 

Handling complaints helps you deal with customer complaints or resolving disputes.

Scams targeting businesses

Many small businesses are targeted by scammers. For advice on how to avoid being scammed, view Small business scams.

You can report a scam online or contact WA ScamNet on 1300 30 40 54.

Product safety

Businesses must ensure any products they import or sell meet mandatory safety standards and are not subject to ban orders.

There are tough fines or penalties for anyone who fails to comply with product safety requirements.

For more information, view our Product safety section or the Product Safety Australia website.

Group buying and daily deals

Businesses thinking about offering group buying deals need to be aware of the potential demands and risks. For more information, view Group buying and daily deals.

ACCC free online education programs

The ACCC offers free interactive education tools and regularly runs training events.  

Other helpful resources:

Licensing and registration

We can help you register, licence and comply with laws if you work in an industry we regulate:

 

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The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.

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