LEGAL influences in establishing a small to medium enterprise Answers

Registration of business name

1. Does every business have to register a business name?

A business name is the name your business operates under. You need to register a business
name if you conduct business under a name other than your own.
2. Where can you check to see if the proposed name already exists?
You can check to see if a business name is available to register by using the check business
name availability search or by commencing an application to register a business name in
ASIC Connect.
The Business Names Registration Act 2011 outlines the circumstances under which a
business name is available to an entity.
3. Describe the procedure for registering a business name.
Create and log into your ASIC account. If logging in for the first time, make sure you say 'no',
you dont have a current business. You don't need an ASIC key to register. Select the
Licences and Registrations tab at the top of the ASIC Connect page. Register your business
name and agree to terms and conditions. Select the relevant ABN (Australian Business
Number) option, enter your ABN. You must enter your ABN without spaces. Confirm
business name and other details for your business. Make your payment. Pay within 10 days.
4. For how many years does the registration exist?
One year for a fee of $35 or for three years for a discounted fee of $82.
5. Do you need an ABN to register a business name?
Yes
6. Does registering a business name give you exclusive rights to that name?
A business name does not give you exclusive trading rights or ownership over that name.

Health Regulations

1. In which year was the Work Health and Safety Act enacted?
Before 2012, workplace health and safety (WHS) laws were known as Occupational Health
and Safety (OH&S) laws.
2. List the WHS obligations for business and for workers.
Provide safe work premises
Assess risks and implement appropriate measures for controlling them
Ensure safe use and handling of goods and substances
Provide and maintain safe machinery and materials
Assess workplace layout and provide safe systems of work
Provide a suitable working environment and facilities
Have insurance and workers compensation workers compensation insurance for
your employees.
3. List the four major dos
i. Identify safety risks
ii. Get rid of the problems
iii. Limit the impact of the problem
iv. Review and revise controls
 4. What opportunities should consultation provide?
i. Consultation
ii. Health and safety representatives
iii. Safety committees
iv. Safety complaints
v. Site entry permits
vi. Resolving issues
5. How often should a safety committee meet?
The committee must meet at least every three months and at any reasonable time
requested by at least half the members of the committee.

Competition and Consumer Act 2010

1. Identify the organisation responsible for ensuring compliance with the Competition and
Consumer Act 2010.
The ACCC promotes competition and fair trade in markets to benefit consumers, businesses,
and the community. We also regulate national infrastructure services. The compliance and
enforcement policy sets out the principles adopted by the Australian Competition and
Consumer Commission to achieve compliance with the law, and outlines the ACCCs
enforcement powers, functions, priorities and strategies.
2. Describe the role of the ACCC.
The Australian Competition and Consumer Commission (ACCC) is an independent
Commonwealth statutory authority whose role is to enforce the Competition and Consumer
Act 2010 and a range of additional legislation, promoting competition, fair trading and
regulating national infrastructure for the benefit of all Australians.

Patents

1. Identify who is IP Australia.

The Australian Government agency that administers intellectual property (IP) rights and
legislation relating to patents, trademarks, designs and plant breeder's rights.
2. Describe what they do.
They administer IP rights and legislation relating to patents, trademarks, designs and plant
breeder's rights. They also contribute to the innovation system more broadly by using our
skills and experience to advise government and Australian businesses to make the most of
their IP.
3. What is a patent and how is this different from a trademark and a design?
A patent is a limited duration property right relating to an invention. The terms patent,
copyright, and design are all used in the context of intellectual property. Although
intellectual property or intellectual ideas are created in the human mind, intellectual
property does not refer to the ideas. It is how the idea materialises itself and the end result
is protected with a patent, a design, or a trademark.
Examples:
The design of a fuel-efficient car maybe patented but not the idea. The story or the
manuscript of a book is copyrighted and not the idea of the book itself. When you start a
new company, the logo is trademarked and not the idea of creating a logo.
4. Select one case study.
Farmer Browns trademark problems
5. Outline one memorable point from this case study.
Trademark theft happening in China.
Farmer Browns is one of several Australian companies to have discovered that someone
else has registered their trade mark in China before they have had a chance to.
The story highlights the importance of registering your business name and your logo even
before you begin operating in China and being very careful until you have trade mark
protection. The Farmer Browns name and logo theft occurred even before the company
started selling products. Best suspects the logo leaked after her husband John sent their
business plan to an associate for advice.