Know your legal obligations

Your customer's legal rights

Consumer law

Small businesses that sell goods or services need to comply with Australian Consumer Law. Fair Trading is responsible for regulating the relevant laws. They help businesses meet their obligations for their industry. This reduces the chance of consumers experiencing difficulties.

Mandatory information and safety standards

There are safety standards to keep consumers safe. If you’re selling goods or services, you also need to be aware of any mandatory information or safety standards.

For example, if you sell children’s toys, clothing or car seats, there is information you need to tell consumers and safety standards you need to meet. If you don’t, you could be responsible, both legally and financially.

Guarantees and refunds

Under Australian Consumer Law, suppliers and manufacturers of goods and services automatically provide guarantees about the:

• goods they sell
• products they hire or lease
• services they provide to consumers.

These are known as Consumer Guarantees and exist on top of any warranty you provide.

Under these guarantees, your customers have the right to seek remedies from you. Remedies means you have to offer to fix, replace or offer some form of compensation. This is regardless of your own refund policy or signage.

Telling your customer there are no refunds, can be misleading about their rights and may be a breach of the Australian Consumer Law.

Policies and contracts

Depending on your business, you might need to share your policies with your customers. If you run a digital business, consider adding common policies to your websites. This can include terms and conditions, privacy policy and returns policy.

Policies can protect you, but you may need to establish contracts for your work. If you agree to a job for money or some other benefit, you are likely entering a commercial contract. A contract is legally enforceable. It doesn’t matter if it was verbal or written. Be clear and sign a contract before work starts.

Learn more about Australian consumer law and how it affects your business.

Discrimination

Protected attributes

In the ACT it's against the law to treat someone unfavourably due to their characteristics.

These characteristics are known as protected attributes. They include:

• race
• disability
• sex
• gender identity
• age
• religious conviction
• carer's responsibilities
• pregnancy or breastfeeding
• homelessness
• being unemployed.

Direct or indirect

Discrimination against protected characteristics is not allowed whether it's direct or indirect.

Direct discrimination happens when someone is unfairly treated due to their attributes. Indirect discrimination happens when a rule or policy that's applied to everyone had an unfair effect on those with a protected attribute.

There are some exceptions where discrimination is allowed. For example, if it caused unjustifiable hardship to a small business to make changes for people with a protected attribute. You would need to find out more if an exception is applicable.

Discrimination free workplace

As a business owner you need to ensure you create a workplace that is free from discrimination and harassment.

You also need to ensure that you and your employees don't discriminate against your clients or customers. Make sure you understand what your responsibilities are as a business owner around discrimination.

You can stop someone entering your business or refuse to serve them. You can only do this if you don’t breach anti-discrimination laws. You need to understand when you can refuse service and when you can't.

If you have any questions or concerns contact the ACT Human Rights Commission.

Legal obligations when advertising

Be aware of your legal obligations when advertising. For example, it’s illegal to send unsolicited commercial emails or SMS without consent.

There are a few extra things you need to be aware of in Canberra when it comes to advertising. Unlike other cities, Canberra doesn’t have billboards and there are rules around displaying advertising. You need to be aware of business signage and where it’s placed. For example, businesses can display up to two movable signs while open for trading.

There are a range of rules around design, size, and placement you need to comply with. Transport Canberra and City Services regulate these movable signs. They also regulate posters or flyers and noticeboards. It is illegal to put up flyers or posters on public places and private places such as walls, poles, light posts, fences and hoardings.

Before you put up your movable sign, you need to apply for a public land permit.

Apply for a public land permit to display your movable sign.

Making changes to your business

If you change your business structure, name or your contact details you must inform the:

• Australian Taxation Office (ATO)
• Australian Securities and Investment Commission (ASIC)
• Australian Business Register (ABR).

You must inform them within 28 days.

Learn how to update your business details from business.gov.au.

Relocating your business

If you're moving your business to Canberra you may need new business permits or licenses for the ACT.

However, you don’t need to register your business name again, even if you change locations or operate in multiple locations. Your business and its name are connected to your Australian Business Number (ABN). This means you can operate across Australia and only ever need to register your business once.

Get help with moving your business to Canberra from Access Canberra.