Retail and wholesale trade industry

Gain an understanding of the legal, operational and business issues relevant to the retail and wholesale trade industry.

The retail and wholesale trade industry includes:

• electrical and electronic goods
• floor covering
• food and grocery
• fuel
• furniture and housewares
• hardware
• building and garden supplies
• motor vehicles and parts
• personal accessories
• pharmaceutical
• recreational goods
• textiles
• clothing and footwear

The industry also covers non-store retailing and retail commission-based buying and/or selling.

You should also check our general business information for additional regulations and obligations relevant to your business. For further advice and assistance, contact your accountant, solicitor or business adviser.

You must be aware of the laws that apply to the retail and wholesale trade industry.

Key legislation

• Competition and Consumer Act 2010
• Australian Consumer Law (ACL)
• Commerce (Trade Descriptions) Regulation 2016
• National trade measurement legislation
• Anti-Money Laundering and Counter-Terrorism Financing Act 2006
• Greenhouse and Energy Minimum Standards (GEMS)
• State liquor legislation
• Do not call register
• Spam Act 2003

Mandatory industry codes & standards

• Unit pricing code
• Food standards code 
• Mandatory safety standards
• Franchising code of conduct

Australian Competition & Consumer Commission (ACCC) guides

• Food and Grocery Code of Conduct
• Country of origin claims and the Australian Consumer Law
• Unit pricing: a guide for grocery retailers
• Care labelling for clothing and textile products: supplier guide
• Biodegradable, degradable and recyclable claims on plastic bags

State or territory governments manage the licences and permits for the retail and wholesale trade industry.

The licences and permits you may need include:

• erecting/displaying signage
• playing video/sound recordings
• preparing and/or selling food
• selling and distributing alcohol
• selling tobacco products
• disposal of waste
• importing goods
• zoning permits
• restricted trading days
• handling, storage and use of chemicals or dangerous substances

Industrial chemicals

If you import industrial chemicals, you must register your business with the National Industrial Chemicals Notification and Assessment Scheme. You will need to pay a registration fee.

Items that could contain industrial chemicals include:

• soap
• cosmetics
• paint
• glue
• printing ink
• cleaning products

The retail and wholesale trade industry have specific Goods and Services Tax (GST) measures. Know your GST obligations and register with the Australian Taxation Office (ATO) to ensure you can claim your GST credits.

Visit the ATO website to learn more about the GST requirements for the food retailers and wholesale trade industry.

Other tax measures that may apply to your business:

• retailers who import goods must be aware that GST and duty fees apply on imports over $1000
• small retailers may be eligible for tax concessions

If you employ staff, you need to comply with Australia’s national workplace laws specific to the retail and wholesale trade industry.

All business must comply with general occupational health and safety regulations. The retail and wholesale trade industry also has state specific WHS requirements. These include:

• occupational noise management
• standards for protective clothing and equipment
• standards for occupational safety signage
• national standard for manual handling
• prevention of burns from hot liquids, surfaces or steam
• prevention and response to workplace bullying
• prevention of workplace violence (e.g. robbery)
• electrical safety

While retailers do not generally rely heavily on the environment, they can still have a significant impact. The main environmental issues that businesses in the retail and wholesale trade industry should understand include

• state based plastic bag ban
• waste management and reduction
• environmental labelling for electrical products
• recycling
• reporting
• sustainability

Alongside compulsory insurances, the retail and wholesale trade industry has specific insurances. These insurances include:

• public liability insurance
• equipment and machinery
• property and buildings
• vehicles
• business interruption