Rental, hiring and real estate services industry

Gain an understanding of the legal, operational and business issues relevant to the rental, hiring and real estate services industry.

The rental, hiring and real estate services industry includes:

• motor vehicles
• transport equipment
• farm animal & bloodstock
• video and other electronic media
• heavy machinery 
• scaffolding
• intangible assets (e.g. patents and trademarks)

You must be aware of the laws that apply to the rental, hiring and real estate services industry. Key legislation includes:

• Competition and Consumer Act 2010
• Australian Consumer Law (ACL)
• Consumer guarantees
• Fair Trading laws
• Privacy Act 1988
• Personal Property Securities Act 2009 
• Anti-discrimination laws
• Anti-Money Laundering and Counter-Terrorism Financing Act 2006
• State or territory body corporate regulations
• State or territory property or real estate agents act

State or territory governments manage the licences and permits for the rental, hiring and real estate services industry.

The licences and permits you may need include:

• hire car operator accreditation
• real estate agent accreditation
• vehicle permits and licences 
• luxury car licence
• erecting/displaying signage
• playing video/sound recordings
• disposal of waste 
• zoning permits
• restricted trading days

The rental, hiring and real estate services 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 rental, hiring and real estate services industry:

• Motor vehicle and transport
• GST and property

Other tax measures that may apply to your rental, hiring and real estate services business include:

• Fuel tax credits provide a credit for fuel tax (excise or customs duty) that is included in the price of fuel. Credits only apply to fuel that is used in eligible business activities.
• Luxury Car Tax (LCT) applies if you purchase or import luxury vehicles valued above a certain amount.
• Boat hire arrangementsmay apply if your arrangement qualifies as a business for the purposes of tax.

All business must comply with general occupational health and safety regulations. The rental, hiring and real estate services 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 and response to workplace bullying
• prevention of workplace violence (e.g. robbery)
• electrical safety

While the rental, hiring and real estate industry does not rely heavily on the environment, they can still have a significant impact. The main environmental issues that businesses in the rental, hiring and real estate services industry should understand include:

• waste management and reduction
• reporting
• fuel economy 
• sustainability

Alongside compulsory insurances, the rental, hiring and real estate services industry has specific insurances. These insurances include:

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