Establish Business & Legal Requirements Yvette Bender

Regulations Location Zoning Approved business use Building permits Parking Access Landscaping Signs Alterations and extensions Health regulations Licences and permits Shops and factories Health regulations Trading hours Industrial awards Zoning Utilities Environment Hazardous chemicals OHS Workers compensations Fire regulations Business name Weights and measures Signs telephone Consumer protection law Leases Discharge of waste

Operating from Home Approvals must be sought from your local council. Regulations and guidelines may differ from council to council Some regulations relate to the following – –Emissions – sound, smell etc –Parking –Access –Hours of trade –Traffic

Intellectual Property Copyright –Any idea that is expressed in ‘material form’ is copyright protected. –Does not need to be registered –Use the  symbol to protect your work for from the date it is authored to 70 years following the death of the author –If work is done as result of employment – the employer owns the copyright

Intellectual Property Patents –Protects you from others stealing your idea and gaining financial reward, before you do it

Intellectual Property Designs –Must be registered – can be pattern, shape, colour etc –Ownership lasts 16 years

Intellectual Property Trade Marks –Mark used to signify a connection with trade between you and the product / service –Trademarks could be – word, phrase, letter, number, sound, smell, shape, logo, picture, packaging, or a combination of these –Trade Mark registration lasts 7 years –3 stipulations Must not be descriptive of the product Must be distinctive Must not seek to praise the product (Hungry Jacks could not Trade Mark “Whopper”)

Law of Contract Contract is legally enforceable agreement between two or more people For a contract to be valid, it MUST show - –Intention –Offer –Acceptance –Consideration –Consent –Legality of purpose –Must be documented where required by law

Terms of a Contract Terms should state – –What the goods are –Quantity of goods –When the goods are to be delivered –Payment terms These terms are Points of Negotiation

Discharge of Contract Discharge can occur – –When terms or the contract have been performed –Non Performance – contract can be discharged under the ‘doctrine of frustration’ eg. Goods are damaged in a fire –Discharge of contract can also occur if terms or the contract are invalid. Eg person/ s are minors.