An Australian Business Number (ABN) is required to register a business name, and this number must be used on any tax invoice issued by the business, and is also required to claim certain rebates. For further information about ABNs, visit the Register for an Australian Business Number webpage on the business.gov.au website.
If an entity carrying on a business wishes to use a trading name that is not exactly the same as the owner's or a company name, the name must be registered on the national Business Names Register. The Business Names Register is administered by the Australian Securities and Investments Commission (ASIC) under the Business Names Registration Act 2011 (Cth). For more information, visit the ASIC website. Registration can be done online through ASIC Connect.
Registration of a business name does not give proprietary rights in the name itself. Whilst no one else can register the same or similar business name, care should be taken to protect the name as a trademark, to prevent others from using it as their own trading name. See Intellectual property for more information.
The Business Names Register allows a person dealing with the business to search and find who is responsible for the business, and to check if the company is still operating. Detailed information about the business can be obtained either free or for a small fee from ASIC.
The law also protects consumers by requiring that certain services only be provided by qualified people.
Many professionals, including lawyers, doctors, teachers, architects and psychologists, must have appropriate tertiary qualifications and satisfy registration procedures to work and charge fees for their work.
The Australian Business Licence and Information Service can provide information on what licences a particular type of business may require. Consumer and Business Services also provides information about which trades require licences.
The following trades are usually required to be licensed:
Labour hire service providers must be appropriately licensed under the Labour Hire Licensing Act 2017 (SA). For more information, see the Law Handbook page on Employment and labour hire workers.
South Australian Health Commission approvals are needed for various food business and a liquor licence is needed if alcohol is sold.
Sometimes an unqualified or unlicensed person may be promised a fee despite not having a licence or qualification. However, a person commits an offence and payment cannot be recovered (even if a good quality service is provided and the person was promised payment) if that person does not have the necessary qualification, licence or registration.