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This information bought to you by business entry point in partnership with Federal,
State and Territory Governments.
Business Entry Point
Coming from Overseas
The federal government provides information for business people who want to
migrate to Australia to start a small business, or employers who wish to employ
migrants. Advice and assistance is also available for foreign investors who want to
invest in Australia and foreign companies wishing to register in Australia.
Federal Government
Migrating to Australia
I am Thinking of Moving to Australia, who should I contact?
The Department of Immigration & Multicultural and Indigenous Affairs provides
advice on what you need to know and do if you want to migrate to Australia.
Australian Immigration Guide to Work Rights
This page provides an overview of a number of permanent and temporary residence
visas for employees and business people.
Business Skills Migration
The Business Skills visa class of Australia's migration program encourages
successful business people to settle permanently in Australia and develop
businesses. Business owners, senior executives and investors are eligible to apply
for a Business Skills visa. Business people may make an application for most
Business Skills visas overseas or in Australia.
Business Visits to Australia
This site sets out a number of options for people wanting to make business visits to
Australia.
Employer Sponsored migration to Australia
There are four categories for employer sponsored migration to Australia – Employer
Nomination Scheme (ENS), Regional Sponsored Migration Scheme (RSMS), Labour
Agreements (LA) and Invest Australia Support Skills (IASS).
Senior Executive
This page has information on how to apply for a 4 year Senior Executive (Provisional)
visa. If you have successfully operated a business in Australia for at least 2 years
during this period you will be eligible to apply for a permanent Business Owner
(Residence) visa (permanent residence).
Investing in Australia
Australia an Introduction for investors
Invest Australia provides practical information for foreign investors on the legal,
taxation and government policy aspects of investing in Australia.
Invest Australia
Invest Australia can assist foreign corporations and individuals at all stages of an
investment project. Invest Australia can provide your company with all the information
needed to establish or expand a business in Australia
Registering a Foreign Company in Australia
If a foreign company wishes to carry on business in Australia it must be registered
under Part 5B.2 of the Corporations Act 2001.
This ASIC site provides the definition of a foreign company and explains the
registration and post-registration obligations, including:
• How to register as a foreign company
Explains how to ensure that a name is available, reserve that name, complete the
application for registration form, and assemble and lodge the appropriate
documentation.
• Post-registration obligations
Explains how to display the registered name and Australian Registered Body Number
(ARBN), lodgement of financial statements, notification of changes and appointment
of local agents.
• Relevant forms of notice, lodging fees and annexures
Information on lodgement of various forms, annexures and fees
Registering a Business Name in Australia
A business trades under its business name. Registration of that name is compulsory
in every state and territory from which your business operates and must be
completed before you start trading. It identifies the legal owners of the business. A
common misunderstanding is that a registered business name provides some
protection or ownership of that business name. This is not the case - a business
name registration serves only to identify your business from other businesses in your
State and Territory, it will not provide you with legal protection. In order to gain
exclusive legal rights to your name throughout Australia, you will need to apply to
register a trade mark.
Choosing a Business Name
Choosing the right name is very important to your business. ASIC's Identical Names
Check is a record of all company and business names registered in Australia, as well
as some association names. You can search the Check, free of charge, to see if your
proposed business name already exists. You should also ensure that your proposed
business name does not infringe any trade mark by checking with IP Australia.
Displaying your Business and Company Name
A company must display its name prominently at every place at which the company
carries on business and that is open to the public. A public company must also
display its name and the words "registered office" prominently at its registered office.
Once your business name is registered it must be placed on public display at every
place you do business. The Business Registration Certification must be displayed in
the principal place of business (the place where most of your business is conducted)
where it can be easily seen.
Your business name must be printed or written exactly as it is registered - on every
business letter, invoice, receipt, or other document used by your business.
Registering a Business Trademark
A trademark is a letter, word, phrase, sound, smell, colour, shape, logo, picture,
aspect of packaging, or any combination of these. It is used to distinguish your goods
and services from the goods and services of other traders. You can search IP
Australia's online databases for similar trade marks, basic trade mark details and an
image of the trade mark if applicable.
Registering a Domain Name
If you intend to trade online, registering your website address (domain name) should
be an early step in implementing your business plan. The Department of
Communication, Information Technology and the Arts' e-business guide provides
information on getting a website name. Visit the .au Domain Administration Ltd
website, www.auda.org.au, for links to registrars and resellers, to confirm current
fees and options.
Taxation Implications of Starting a Business in Australia
Companies registered under the Corporations Law and business entities carrying on
an enterprise in Australia are entitled to an ABN. All businesses with an annual
turnover of $50 000 or more must register for GST and will need an ABN to do this.
Organisations with a lower annual turnover may choose to register.
Application or Enquiry for a Tax File Number – for Individuals Living Outside Australia
Use this form to apply for or enquire about a tax file number for individuals living
outside Australia.
Australian Business Register (ABR)
The ABR is the central collection, storage and verification system for basic business
identity information from all entities with an Australian Business Number (ABN).
ABRpublic is an online database that contains the publicly available information
provided by businesses when they register for an ABN. It is a convenient way for you
to access a partial version of the ABR.
Goods and Services Tax (GST)
Goods and services tax (GST) is a broad-based tax of 10 per cent on the sale of
most goods and services and other things in Australia. You must register for GST if
you are an entity carrying on an enterprise - if you are in business and not a hobby
you probably meet this requirement, and your annual turnover is at or above the
registration turnover threshold of $50,000 (or $100,000 for non-profit organisations).
For more information see the ATO's Guide to GST for small business.
Residency
The standards used by the Australian Taxation Office determine your residency status are not the same as those used by the Department of Immigration & Multicultural & Indigenous Affairs (DIMIA). Generally, the ATO considers you to be an Australian resident for tax purposes if you have:
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always lived in Australia or you have come to Australia and live here, or
• actually been in Australia for more than half of the financial year, unless your usual home is overseas and you do not intend to live in Australia.
What is the ABN?
If you're in business you should register for an ABN. Your ABN is unique to your business and is important in your dealings with other businesses and government agencies. Find out whether you need an ABN and how it affects your business. You may also need to register for GST.
State and Territory Governments
South Australia
Business Migration
The Immigration SA migration package contains a range of support programs to
assist business skills migrants who consider South Australia as a migration
destination and to provide business establishment support upon your arrival.
Starting Your Own Business
The Centre for Innovation Business and Manufacturing (CIBM) provides an
introduction to specific elements of operating a business which includes business fact
sheets and associated material.
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About NABEC