SmallBusiness.wa.gov.au
The Small Business Specialists
Phone: 131 BIZ
Website: www.smallbusiness.wa.gov.au
Following the introduction of new building legislation by the Western Australian Parliament, the Builders' Registration Board, the Painters' Registration Board, the Building Surveyors' Qualifications Committee and the Building Disputes Tribunal have all been abolished and replaced by the Building Commission This means that rather than builders, painters and building surveyors being registered under three separate statutes, there is now one single, modern and streamlined system of registration and approval for people working in the building industry.
A new Building Commissioner role and a Building Services Board have been created as part of this reform package. The Building Commissioner will:
The Building Services Board will take over the functions of the previous registration boards for builders, painters and building surveyors and will be able to deal with minor disciplinary matters.
In addition, the creation of the Building Act 2011 to replace the Building Regulations 1989 and parts of the Local Government (Miscellaneous Provisions) Act 1960 will set standards for all building and demolition work in Western Australia, reduce building approval time and will provide a comprehensive system of building control in the State.
The State Government has amended legislation to enable small retail shop owners to now employ up to 18 staff compared to the previous limit of 13.
Small retail shops are able to open 24 hours a day, every day of the year if they choose and giving small business operators the capacity to employ up to 18 staff will enable more stores to trade 24/7 or to extend their current trading hours.
To apply for a free small retail shop certificate, contact the Department of Commerce's Consumer Protection Retail branch on 9282 0841 or for more information, go to the Department of Commerce.
From 16 July 2011, amendments to the Liquor Control Regulations 1989 will be in place and will provide for BYO alcohol to be permitted at some live entertainment venues and small functions without a permit. The new exemptions are outlined below.
For more information, go to the Department of Racing, Gaming and Liquor’s website or view their Frequently Asked Questions.
The Federal Government has introduced a flood levy (also known as the Temporary Flood and Cyclone Reconstruction Levy) to help fund the rebuilding of essential infrastructure damaged by natural disasters, including roads, bridges and schools. The flood levy will apply for the 2011-12 financial year and will be paid by employees that earn more than $50,000 during 2011-12.
Employers need to ensure they are withholding the correct amount of tax by following the new tax tables which applied from 1 July 2011. The tax tables can be found at the Australian Taxation Office’s website.
In late 2010, the Member for Southern River, Mr Peter Abetz MLA, introduced a Private Member’s Bill into State Parliament. The Franchising Bill 2010 adopts the National Franchising Code of Conduct as a law of Western Australia and requires franchising parties to act in good faith in relation to all aspects of a franchise agreement and also includes financial penalties for breaches of the Code.
Before it could be debated, the Bill was referred to the Legislative Assembly’s Economics and Industry Standing Committee for review. In total, 116 submissions from the public were received by the inquiry, with the overwhelming majority of submissions opposing the introduction of separate, State-based franchising regulations. Eleven public hearings were also held.
On 23 June 2011, the Committee tabled its report, with the key recommendation being to not support the introduction of the Bill at this time.
In the situation that the Bill did proceed, the Committee made eight other recommendations in relation to:
The Committee did not believe there was compelling evidence that supported the need to introduce state-based legislation in Western Australia and that given the significance of recent amendments under the national legislative framework, which are due for further review in 2013, the Committee was not convinced that the Franchising Bill 2010 was an appropriate measure at this time.
Parliamentary debate on the Bill will continue when Parliament resumes after its winter recess.
Following the introduction of extended retail trading hours in the Perth metropolitan region in November 2010, the State Government has introduced legislation to establish a Small Business Commissioner in Western Australia to support small retailers in the transition to a more deregulated trading environment and provide a low-cost, non-litigious means of resolving retail tenancy disputes.
The legislation was passed by the Legislative Council on 23 June 2011 and it is intended that the Commissioner will:
The Government will now undertake an extensive recruitment search to appoint the Commissioner, who will replace the role of the Managing Director of the Small Business Development Corporation.
The R&D Tax Concession is a broad-based, market-driven tax concession that allows companies to deduct up to 125% of qualifying expenditure incurred on R&D activities when lodging their corporate tax return. A 175% Incremental (Premium) Tax Concession and R&D Tax Offset are also available in certain circumstances.
Annual registration of R&D activities with Innovation Australia is a prerequisite for companies wishing to claim the R&D Tax Concession.
Companies wishing to apply to register for the R&D Tax Concession for the income year ending 31 December 2010 should do so by 31 October 2011. Companies who have the standard income reporting period 1 July 2010 to 30 June 2011 are required to lodge the 2010-11 Application for Registration of R&D activities by 30 April 2012.
For more information about the R&D Tax Concession or the R&D Tax Incentive, contact the AusIndustry Hotline on 13 28 46 or email Hotline@AusIndustry.gov.au
As a means of addressing the information imbalance between landlords and tenants regarding retail shop leases, amendments to the Commercial Tenancy (Retail Shops) Agreements Act 1985 have been presented to State Parliament.
Under the proposal, the Act will be amended to:
The legislation is currently being considered by Parliament.
The Federal Government has introduced legislation to create a superannuation clearing house for small businesses. Small business employers can elect to pay their staff’s super contributions to a single location and the clearing house will forward the payment to an employee's chosen fund. Small businesses will be able to register for the service from May 2010 through Medicare Australia. To find out further information visit the Minister for Human Services
Businesses using standard form contracts may be affected by changes to the unfair contract term laws that came into effect on 1 July 2010.
The laws are part of the Australian Consumer Law (ACL) reforms which replaced State and Territory fair trading acts and the consumer protection provisions of the Competition and Consumer Act 2010 with a nationally consistent generic consumer law. The ACL became fully operational on
1 January 2011.
As part of the reforms, there are new provisions regulating unfair terms in standard consumer contracts. The Australian Competition and Consumer Commission (ACCC) has produced a free publication for small businesses on the changes called A Guide to Unfair Contract Terms Law. To find out more information or to access the guide, visit the ACCC.
The Federal Government has introduced a national Paid Parental Leave Scheme which commenced on 1 January 2011. Under the scheme, which is fully funded by the Government, eligible working parents will receive 18 weeks pay at the National Minimum Wage rate.
The Commonwealth Family Assistance Office will provide these payments to small businesses in advance, with the direct payments to parents needing to be paid through the employer’s existing pay arrangements. As such, small businesses need to ensure they have their systems in place in order to disburse the paid parental leave payments.
More information on the Paid Parental Leave Scheme and an employer’s role in the Scheme can be found at the Family Assistance Office
From 1 July 2012, an instant asset write-off will apply to small businesses for assets costing less than $5,000, such as computers, tools or machinery. The Federal Government will also allow all other assets, other than buildings, that cost over $5,000 to be depreciated in a single pool at a 30 per cent rate from the 2012/13 financial year. Currently, small businesses allocate assets to two depreciation pools based on the classification of the asset. The changes will make it easier for operators to buy and manage equipment from a taxation perspective.
For more information visit the new Future Tax website and follow the links to the Asset write-off fact sheet.
A new national system for business name registration is scheduled to commence by mid-2012. The aim of the new system is to protect consumers by allowing them to identify the person or company behind a trading name.
Currently businesses register a trading name through their state or territory of operation. The new national system will replace state based business name registers. The online system will be administered by the Australian Securities and Investments Commission.
To find out more information about the proposed system, visit the Department of Innovation, Industry, Science and Research
Any business or financial reporting professional who uses online reporting will be interested in the Australian Government’s Standard Business Reporting (SBR) initiative which aims to reduce the business to government reporting burden. SBR allows businesses to report their compliance requirements with a single secure sign-on, known as AUSKey, directly to government agencies via accounting software that pre-fills forms. Agencies involved in SBR include the Australian Tax Office and the Australian Securities and Investments Commission. SBR-enabled products will be phased in over the next three years.
An SBR blog also provides a forum for businesses to discuss SBR online. For more information visit Standard Business Reporting or the SBR Blog