If a business uses a trading name that is not the owner's or a company name, it must be placed on the national business names register which is administered by the Australian Securities and Investment Commission (ASIC). For more information, visit the ASIC website (click here). Registration can be done online through ASIC Connect (click here).
This allows a person dealing with the business to search and find who is responsible for the business.
The law seeks to protect consumers by requiring that certain services only be provided by qualified people.
Anyone practising and charging a fee as a lawyer, doctor, architect or psychologist must have appropriate tertiary qualifications and satisfy registration procedures.
The Australian Business Licence Information Service can provide information on what licences and particular type of business may require. Consumer and Business Services can also advise on which trades require licences.
The following trades are usually required to be licensed:
- land agents
- land sales representatives
- gas fitters
- second-hand motor vehicle dealers
- security and investigation agents
- travel agents
- tax agents
South Australian Health Commission approvals are needed for various food business and a liquor licence is needed if liquor 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.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.