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BSBESB305: Address compliance requirements for new business ventures Assessment Answer

Course: TAFE

Assessment Type: Practical

Starting a new business can be an exciting time, but it’s important to make sure you’re aware of the compliance requirements that apply to your industry. Failing to comply with regulations can result in costly fines and even closure of your business. This assessment will help you identify the specific compliance requirements that apply to your new venture.

When starting a new business, you need to be aware of the various compliance requirements that may apply to your industry. These can include workplace health and safety regulations, environmental regulations, consumer protection laws, and financial regulations. Ignorance of the law is not an excuse, so it’s important to research the compliance requirements that apply to your business.

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In this section, we are describing some activities. These are:

Assessment Activity 1: Research compliance requirements of a new business venture

Starting a new business venture can be an incredibly exciting time, but it’s important to remember that there are a number of compliance requirements you must meet in order to ensure your venture is operating within the law. In this activity, you will research the compliance requirements that apply to your chosen industry.

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To complete this activity, you will need to:

1. Identify regulatory, taxation, and insurance requirements relevant to a new business venture

Regulatory Requirements

Regulatory requirements for a new business include obtaining necessary licenses and permits, such as an occupational license to drive the bus. Businesses must also comply with state and federal regulations, including workplace health and safety regulations, environmental regulations, consumer protection laws, and financial regulations.

Taxation Requirements

In addition to regulatory requirements, businesses must comply with taxation requirements. This includes registering for an Australian Business Number (ABN), lodging BAS returns, and paying income tax and GST.

Insurance Requirements

Businesses must also comply with insurance requirements, which may vary depending on the industry. For example, businesses in the transport industry are typically required to have public liability insurance.

For more information on compliance requirements for your industry, speak to an expert at BSBESB305: Address compliance requirements for new business ventures.

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2. Access information that assists in interpreting and explaining identified compliance requirements

An easy way to access information about compliance requirements is through government websites. This can be done through website links included on the Australian Government’s Business.gov.au website, which provides information on complying with regulatory requirements for over 400 industries. There are also a number of government department websites that include relevant information including:

  • Department of Health – For businesses in the health care industry.
  • Department of Agriculture and Water Resources – For businesses in the agricultural industry.
  • Australian Securities and Investments Commission (ASIC) – For businesses operating in the financial services industry.
  • Fair Work Ombudsman – For businesses in the labor hire, retail, and hospitality industries.

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3. Research relationships between legislation, regulations, codes of practice, associated standards, and access information to determine compliance requirements of the business venture

Compliance requirements can be difficult to interpret and apply in practice, especially for businesses in complex or highly regulated industries. It’s important that you understand the relationship between legislation and regulations, and how these impact compliance requirements. For example:

To comply with taxation requirements, a business must register for an ABN. However, there are some exceptions to this rule. For example, if a business only carries out bartering activities (i.e. exchanging goods and services without using money), it doesn’t need to register for an ABN.

To comply with insurance requirements, a business must typically hold public liability insurance. However, there are some exceptions to this rule – for example, businesses in the transport industry are typically required to have public liability insurance.

It’s also important to be aware of any associated standards or codes of practice that may impact compliance. For example, if your business is in the health care industry, you’ll need to comply with the National Health and Medical Research Council (NHMRC)Code of Conduct for Health and Medical Research.

When researching compliance requirements, it’s important to consult a range of sources, including legislation, regulations, codes of practice, associated standards, and government websites. This will help you to build a clear picture of the compliance landscape for your business.

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Assessment Activity 2: Seek specialist advice on compliance and risk minimization

If you have a complex business idea or one that is highly regulated, it’s important to seek specialist advice on compliance and risk minimization.

An expert at a business service company can help with developing your business plan and provide you with relevant information on complying with the law.

There are also a number of free legal clinics available for start-up businesses in Australia. These are held at metropolitan legal centers across the country, with experts on hand to provide free advice on complying with regulatory requirements related to your industry sector.

To complete this activity, you will need to:

1. Identify sources of specialist advice and services relevant to identified compliance requirements and business venture profile

There are a number of specialist advice and services available to help businesses with compliance. These include:

Government department websites – For example, the Business.gov.au website provides information on complying with regulatory requirements for over 400 industries.

Business service companies – These companies provide a range of services including business planning, start-up advice, and compliance services, and are used by businesses in all industry sectors.

Business associations – Many industries have their own association to provide education, support services, and advice on complying with regulatory requirements. For example, the Australian Retailers Association provides its members with compliance advice on taxation issues.

Legal clinics – Each state has a free legal clinic service that can help start-up businesses with compliance advice related to their industry sector.

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2. Select and access identified specialist advice and services according to business needs, available resources, and workplace procedures

When seeking specialist advice on compliance, it’s important to consider the following factors:

Business needs – What compliance requirements does your business need help with?

Available resources – What resources (e.g. time, money, staff) are available to you to access specialist advice?

Workplace procedures – How can you best access specialist advice in your workplace?

As a general guide, it’s advisable to consult with your accountant or business advisor on any compliance requirements that are complex or you don’t have the time or knowledge to deal with yourself.

When seeking specialist advice, make sure you share as much information as possible about your business venture – this will help the advisor recommend appropriate services.

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3. Clarify and confirm compliance requirements and their appropriateness for business, and risk minimization needs with advisors

Once you have received specialist advice, it’s important to clarify and confirm compliance requirements with your advisors. This will help to ensure that the advice you receive is specific to your business and that all relevant compliance needs are considered.

It’s also important to confirm with your advisors that the recommended risk minimization measures are appropriate for your business. This will help to ensure that you’re taking the necessary steps to protect your business from potential compliance risks.

4. Review and document advice and procedures

Once you have received specialist advice and confirmed compliance requirements, it’s important to document this information for your reference. This will help you to easily access the advice you need when making decisions about your business.

It’s also a good idea to review and update your documentation on a regular basis, as compliance requirements can change over time.

Australian businesses can access free specialist advice on complying with regulatory requirements from various sources, including government department websites, business service companies, and business associations. Legal clinics also offer free compliance advice to start-up businesses in each state. Specialist advice should be clarified and confirmed with advisors, and reviewed and documented for easy reference.

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Assessment Activity 3: Take action to support business compliance

There is a range of actions that you can take to support your business in complying with regulatory requirements. These actions include:

  1. Developing and implementing workplace procedures for accessing specialist advice. This will ensure that you have a system in place for obtaining the advice you need when you need it.
  2. Make sure that you keep your documentation up-to-date. If you are using third-party specialist advice providers, they may be able to provide you with an annual compliance statement explaining what services they have provided and how this relates to the compliance requirements specified in your original document. This statement can help you to quickly confirm that all of your needs are being met, saving you time and effort.
  3. Ensuring that you communicate compliance requirements to all staff, including contractors. If you have non-employees working on your business, they may not be aware of the compliance requirements that are relevant to their work with your company. If this is the case, ensure that this information is communicated clearly so there is no confusion.
  4. Regularly monitor your compliance status. This will help you to identify any potential issues early and take corrective action before they become a problem.
  5. Seeking expert advice when necessary. If you’re not sure how to comply with a specific regulatory requirement, don’t hesitate to seek specialist advice. This will ensure that you stay on the right side of the law and protect your business from potential penalties.

Take action to support your business in complying with regulatory requirements, including developing workplace procedures, making sure you keep documentation up-to-date, communicating requirements to all staff, and monitoring compliance status. If you’re unsure how to comply with a specific requirement, seek expert advice.

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To complete this activity, you will need to:

1. Arrange insurance cover for the business according to business needs, available resources, and workplace procedures

One of the best ways to protect your business from compliance risks is to arrange insurance cover for your company. This will provide you with peace of mind that, if something goes wrong, you have financial protection in place.

There is a range of different insurance policies available, so it’s important to choose one that’s appropriate for your business. For example, you may need to consider specialist insurance policies such as product liability insurance or professional indemnity insurance.

It’s also important to make sure that your insurance cover is adequate for your business needs. If you’re not sure what level of cover is appropriate, speak to an insurance broker who can help you to find the right policy for your business.

Arrange insurance cover for your business according to your needs and resources. This will provide you with peace of mind that your business is protected in the event of a compliance breach.

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2. Implement compliance procedures according to specialist advice received

Implementing compliance procedures is a significant commitment, which must be complied with for the safety of employees and the productivity of your company. If you are given specialist advice on how to manage compliance effectively, it’s important that this is implemented immediately.

If you fail to comply with the instructions of an adviser or agency, they may withdraw their services, which could have a significant impact on your business. In addition, non-compliance can lead to prosecution and even imprisonment of company directors.

It’s therefore essential that you take the necessary steps to ensure that your compliance procedures are fully implemented and adhered to. This will protect your business from regulatory penalties and keep you compliant with the law.

3. Seek feedback on implemented compliance procedures from required personnel

Once your compliance procedures have been implemented, it’s important to seek feedback from the relevant personnel. This will help you to ensure that the procedures are being followed correctly and that they are effective in preventing compliance breaches.

It’s also a good idea to review your compliance procedures on a regular basis, to ensure that they remain up-to-date and relevant to your business. By taking these steps, you can be confident that your compliance procedures are working effectively and keeping your business safe from regulatory penalties.

Ensure that feedback is sought from required personnel on the effectiveness of implemented compliance procedures. This will help you to identify any areas where improvement is needed.

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