Business Intenders Kit
Your guide to what's needed to
operate a business in Queensland
Licensing and Regulation Requirements
Driving the economic development of Queensland
www.smartsmallbusiness.qld.gov.au
Queensland the Smart State
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Table of Contents
Starting a Business............................................................................................................................................... 3
Sole Trader...................................................................................................................................................... 3
Partnerships.................................................................................................................................................... 3
Proprietary Limited Companies....................................................................................................................... 4
Licensing, Permit or Registration Requirements.................................................................................................. 5
Registration of an Australian Business Number (ABN) ................................................................................... 5
Business Name Registration........................................................................................................................... 5
Australian Company Registration.................................................................................................................... 6
Registration of a Workplace............................................................................................................................ 7
Workers' Compensation Policy........................................................................................................................ 7
Recognition of Overseas Skills........................................................................................................................ 7
Mutual Recognition000000000000000000000000000000000000000000000000000000000.7
Other Start Up Requirements............................................................................................................................... 9
Registration of a Trade Mark........................................................................................................................... 9
Registration of Domain Names...................................................................................................................... 10
Employing Staff................................................................................................................................................... 10
Contractor or Employee?............................................................................................................................... 10
Superannuation Guarantee Scheme............................................................................................................. 10
Conditions of Employment- Award Information............................................................................................. 11
Annual Leave................................................................................................................................................. 11
Time and Wages Record............................................................................................................................... 11
Consultancy service of newly established and existing businesses000000000000000..........................11
Taxation Requirements....................................................................................................................................... 12
Australian Business Number (ABN) .............................................................................................................. 12
Pay As You Go (PAYG)................................................................................................................................. 12
Fringe Benefits Tax (FBT) ............................................................................................................................. 12
Goods and Services Tax............................................................................................................................... 12
Record Keeping............................................................................................................................................. 13
Payroll Tax..................................................................................................................................................... 13
Other Support Services Available to Business00000000000000000000000000000000000000000..14
Smart Small Business Website000000000000000000000000000000000000000000000000000.14
The Government Business Information Service ( GO BiS)00000000000000000000000000000000.14
The Business Resource Centre and Bookshop 0000000000000000000000000000000000000...14
Contact Details0000000000000000000000000000000000000000000000000000000000000015
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Starting a Business
One of the first things to think about when establishing a business is the best way to structure the
business. The legal structure that you choose for your business affects the ownership, tax structure,
risks and future of that business.
The three most common legal structures are a Sole Trader, a Partnership with another person or
persons, or a Proprietary Limited Company . Licensing, permit or registration requirements vary for
each of these structures. The following provides an overview of the difference between these
structures.
Sole Trader
A sole trader is an individual who runs the business without partners or a company structure. This is
the easiest and cheapest way of structuring a business. The sole trader has full control of the
business including ownership of all profits and responsibility of debts.
Depending on the nature of your business, you may only be required to register for an Australian
Business Number (ABN). See page 12 for further information on the ABN. You may also require a
Business Name Registration depending on the business name you choose for your business. See
page 5 for further information on business name registration. It is recommended that you check with
the Department of State Development and Innovation's (DSDI's) Smart Licence service regarding
any specific licences, permits or registrations which may apply to your business.
Partnership
A partnership is a common and relatively simple, informal and inexpensive way to set-up or structure
a business.
It involves two or more co-owners participating together in a business. It also requires an intention to
make and share profits and an understanding that these co-owners act on behalf of each other in
business.
Elements of a partnership
As with the sole trader structure, a partnership is not recognised as an entity separate from its
operators. Partners may set limits on how much they are liable for, but legally each participating
partner's liability to creditors is unlimited.
Partners cannot transfer their share to someone outside the partnership unless the other partners
agree.
Generally, no change in the nature of the business can be made without the consent of all partners.
The Partnership Act sets out various rules for partnerships, but many of these rules can be varied by
a formal Partnership Agreement. To ensure that all partners have a clear understanding of their
rights, responsibilities and obligations, a written partnership agreement is vital.
Liabilities as a partner
The Partnership Act places joint liability on all partners for the business' debts and obligations
incurred during their involvement in the partnership. In some cases, partners can be liable for debts
incurred without their knowledge or authority.
Partners are jointly and individually liable for a wrongful act or omission committed in the ordinary
course of business.
Partners are obligated to keep their co-owners properly informed.
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A Proprietary Limited Company
A company must be registered under the national Corporations Law, administered by the Australian
Securities and Investments Commission (ASIC), a Commonwealth Government agency.
Pros and cons of companies
One of the biggest advantages of the company structure is that the liabilities of the company's
shareholders may be limited to their share capital. This means shareholders' personal assets cannot
usually be seized to pay company debts. As separate legal entities, companies rather than owners
are liable for debts.
The disadvantages of a company structure include relatively high initial costs and on-going fees. In
addition, company losses cannot be off-set against shareholders' other income.
Public vs private companies
Public companies are usually formed to raise or borrow public money through listing shares on a
stock exchange. They require at least one shareholder, three directors and one secretary.
Proprietary Limited (Pty Ltd) private companies cannot raise money from the general public and only
require one director.
For advice on the structure that best suits you and your business, contact your solicitor or
accountant.
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Licensing, Permit and Registration Requirements
The licensing, permit or registration requirements for each business will vary based on factors such
as the structure of the business, whether the business is employing staff, the location of the
premises, and the type of business that is being operated.
It is important to ascertain the specific licensing, permit or registration requirements applicable to
your business. Further, some regulations differ from one council to the next. The simplest way to
obtain all of the Commonwealth, State and Local Government licensing information that you require
is to contact the DSDI's Smart Licence service.
DSDI - Smart Licence
400 Boundary Street (cnr Fortescue Street)
Spring Hill Q 4000
PO Box 974
Spring Hill Q 4004
P: 1300 363 711 or (07) 3001 6359
F: (07) 3234 0024
E: smartlicence@sdi.qld.gov.au
W: www.smartsmallbusiness.qld.gov.au/smartlicence
Common Licences
Information is provided below on some of the licences that are common to many businesses.
Registration of an Australian Business Number (ABN)
Every business operating in Australia needs to apply for an Australian Business Number (ABN).
The ABN is your key to The New Tax System. It is a new single identifier for your dealings with the
Australian Taxation Office (ATO) and for future dealings with other departments and agencies at all
levels. Charities will need an ABN before they can seek endorsement as a deductible gift recipient
and/or income tax exempt charity.
Business Name Registration
This registration is legally required unless restricted to the individual's name in its entirety, eg. BL &
MA Brown, Ms Ann Smith or John Jones.
If there are any additions or abbreviations to an individual's name it must be registered. For
example, BL & MA Brown's Shoes, Ms Ann's, John Jones & Brothers.
The registration is required for proof of being a business to:
00open bank accounts
00advertise in the Yellow Pages
00purchase from wholesalers at wholesale prices; and
00have business equipment connected
00help establish your business' reputation and credibility (particularly as the Department of
Tourism, Fair Trading and Wine Industry Development encourages consumers to check that the
businesses they use are properly registered)
A business name will not be registered if it is the same as, or is likely to be confused with, an
existing business name registered in Queensland or is identical to an Australian company name.
Once a business name has been allocated, you will be issued with a Certificate detailing the
business name, proprietor/s and a business name number.
Applicants must have a business address and intend to carry on business under the registered
name within two months of lodging the application in Queensland. Proof of Identity (ID) will also be
required for each applicant.
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Registration must be renewed either every year or every three years if the business still operates.
The Department of Tourism, Fair Trading and Wine Industry Development must be told of any
changes to the registered details for the business name, such as change of ownership, business
and postal addresses, partner's name and/or address or nature of business.
If you wish to use words in your name to identify your goods or services, consider applying for trade
mark registration. If you don't, another trader could register your business/company name as a trade
mark for their goods or services and prevent you from using it. Business name or company
registration does not automatically allow applicants to use that name as a trade mark.
Transfer details
The Business Name Registration can be transferred by submitting a completed "Statement of
Change of Certain Particulars". There is no fee for changes submitted to the Department of
Tourism, Fair Trading and Wine Industry Development within one month after the date of
change. A fee applies for changes after this period.
Business name registration fee
Initial Registration fee:
1 year - $107.70 (This price is GST* exempt)
3 years - $207.00 (This price is GST* exempt)
Annual Renewal fee:
1 year - $61.50 (This price is GST* exempt)
Annual Renewal fee:
3 years - $166.00 (This price is GST* exempt)
* GST is a Commonwealth Government Tax
Period authority remains in effect
Business name registrations remain in effect for 12 months or 3 years from date of
registration, depending on the period applied for. Business names can also be renewed for
periods of 12 months or 3 years. It is an offence to continue to operate under a business
name which has not been renewed after the registration period has expired.
To obtain registration
Registrations can be processed in person at the time of application either at Smart Licence ,
one of the State Government's nineteen State Development and Innovation Centre's or at
the Department of Tourism, Fair Trading and Wine Industry Development office. See page
15 for contact details.
Initial registration can also be processed via mail but can take up to 3 weeks.
Australian Company Registration
Australian Company Registration provides an applicant with an Australian Company Number (ACN)
which, together with the name and the status of the company, serves to identify it.
Applicants may reserve a proposed company name for a period of two months.
The ASIC is obliged to reject the proposed name if it is identical to another company or business
name or if the name is of a kind, declared by the regulations, to be unacceptable for registration.
If a company wishes to trade under a name other than in the registered company name, it will be
necessary for the company to register that trading name as a business name in each state in which
it plans to use it.
If you wish to use words in your name to identify your goods or services, consider applying for trade
mark registration. If you do not register a trade mark, another trader could register your business or
company name as a trade mark for their goods or services and prevent you from using it. Business
name or company registration does not automatically allow applicants to use that name as a trade
mark.
Company registration cannot be transferred.
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Australian Company Name Registration Fees
Registration fee: (share capital)
$800.00 (This fee is GST* exempt)
(no share capital) $330.00 (This fee is GST* exempt)
Reservation fee: (optional) $40.00 (This fee is GST* exempt)
* GST is a Commonwealth Government tax
Period authority remains in effect
This registration remains in effect indefinitely. An annual return is required. The annual return
fee for private companies is $212.00, while the fee for public companies is $1000.00. (These
fees are GST* exempt).
How to obtain registration
Submit a completed "Application for Registration of an Australian Company" to your regional
ASIC Business Centre. If reservation of a name is desired, a completed "Application for
Reservation of a Name" should also be lodged. Call the ASIC Infoline or visit
www.asic.gov.au to find out where you can lodge your application. See page 15 for ASIC
contact details.
Registration of a Workplace
From 1 February 2005 workplace registration is not required. However a workplace is still subject to
the provisions of the Workplace Health and Safety Act 1995.
Contact the Division of Workplace Health and Safety for further information. Contact details are on
page 15.
Workers' Compensation Policy
An employer is legally obliged to hold a WorkCover policy of accident insurance to cover the cost of
compensating a worker who is injured at work.
Workers' Compensation Policy Fees
A schedule of fees is available from GoPrint Bookshops or contact GoPrint on
(07) 3246 3399. Free call 1800 679 778 (Outside Brisbane).
Period authority remains in effect
A Workers Compensation Policy remains in effect to 30 June of the following year. A
renewal form must be lodged by 31 August each year.
For further information contact WorkCover Queensland. Contact details are on page 15.
Recognition of Overseas Skills
Trade or professional qualifications obtained overseas may not directly translate in Queensland.
Immigrants seeking information, advice and assistance in relation to the recognition of overseas
qualifications and skills should contact the Queensland State Office of Overseas Skills Recognition.
Contact details are on page 15.
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Mutual Recognition
A person who is registered to carry on an occupation in another Australian state or territory is
entitled, after notifying the appropriate registration authority in Queensland, to be registered and
carry on the equivalent occupation in Queensland. Certain goods are excluded from mutual
recognition such as firearms and other prohibited or offensive weapons; fireworks; gaming machines
and pornographic materials. For more information, contact the relevant registration authority.
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Other Start Up Requirements
Registration of a Trade Mark
Trade marks give goods or services an individual stamp and are part of a business' intellectual
property. Subject to certain tests and qualifications prescribed by law, a trade mark can consist of a
device, symbol, logo, label, heading, ticket, name, word, signature, letter, numeral, sound, smell,
shape, pictorial, or combination of any of these.
Before designing and applying for a trade mark on goods or services, a search in the official trade
mark records must be completed to find out if the trade mark is available for use.
If the search shows the mark is available, the next step is to apply for registration under the Trade
Marks Act.
Protection for trade marks is possible by law, which allows companies to take legal action against
other traders who use the mark to deceive or confuse the public. Legal advice should be sought to
determine what action should be taken and which protection is right for a business.
Once registered, the trade mark is protected in all Australian states and territories for an initial period
of ten years. If protection is required in other countries, the trade mark should be registered in each
country.
For further information contact the Trade Marks Office. Contact details are on page 16.
Registration of domain names
What is a domain name?
The best way to think of a domain name is as an alias. In other words, using a name that is an easy
way of representing something else. The system of domain names was designed to make individual
sites on the Internet easy to find.
An Internet domain name allows you to have a professional presence on the Internet. There are a
number of different domain name types to choose from. Some domains have special requirements
while others are less strict. The following is a brief description of the most common domain types:
com.au
Intended for Australian businesses, companies and incorporated bodies. You need
an ACN or ARBN to apply (i.e you must be a company or have a registered business
name). Most frequently used and recommended choice of Australian businesses.
net.au
Mainly intended for Australian organisations providing network connectivity or some
sort of network service, but available to all Australian businesses. You need an ACN
or ARBN to apply.
asn.au
For Australian associations, including incorporated bodies, political parties, trade
unions, sporting and special interest clubs etc. Association incorporation number or
ARBN required.
There are now a greater parameter of top level domain names available (ie .net, .biz, .online,
.hongkong etc) these can be sourced from www.grandcom.com .
Registering domain name fees
Costs vary according to what services you require from the provider.You can register a .au domain
name through an Auda accredited registrar. For further details contact Ausregistry Pty Ltd or visit
www.auda.org.au
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Employing Staff
Contractor or Employee
As a general rule, contractors are established in their own businesses and supply materials, plant
and equipment to complete work for an all up price.
Employees on the other hand are workers who are engaged to work on a labour only basis at the
direction and under the control of employers.
A major difference between contractors (including subcontractors) and employees is how they are
paid. Small business operators are responsible for complying with payroll legislation for employees,
whereas contractors are largely responsible for themselves.
Superannuation Guarantee Scheme
The Superannuation Guarantee (SG) came into effect on 1 July 1992. The SG is the foundation for
the compulsory element of the government's retirement incomes policy. The SG really works as a
tax applying to employers called the Superannuation Guarantee Charge (SGC). The SGC can be
avoided by employers if they make the required level of superannuation contributions for their
employees.
All employers are required to provide a prescribed minimum level of superannuation support for
each eligible employee. The current minimum level of employer superannuation support is 9% of
salary for all employees.
If an employer fails to make the necessary contributions, the SGC must be paid to the Australian
Tax Office. This charge is higher than the compulsory contributions because it includes an
allowance for the interest which the employee has lost in the meantime as well as administrative
charges. Unlike contributions paid directly into a superannuation fund, the charge is not a tax
deduction for the employer.
Exempt employees
You will not have to provide any superannuation support for an employee who is:
00paid less than $450 in a month;
0070 years of age or over;
00under 18 years of age and working 30 hours a week or less;
00a resident employee being paid for work done outside Australia for a non-resident
employer;
00a foreign executive who holds a Class 413 entry permit or visa granted under the
Migration (1993) Regulations;
00paid to do work of a domestic or private nature for 30 hours a week or less; and
00a non-resident for work done outside Australia.
For further information on your superannuation obligations, contact the Australian Taxation
Office. See page 15 for the ATO contact details.
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Conditions of Employment - Award Information
An award sets out minimum conditions of employment for employees in particular jobs. An award
prescribes such things as:
00Rates of wages
00Hours of work
00Payment of overtime
00Annual leave
00Sick leave
00Long service leave
00Provisions for meal breaks/rest pauses; and
00Occupational superannuation
Annual Leave
Most Queensland awards provide for annual holidays on full pay for:
00Five weeks in the case of shift workers employed on a weekly basis where three shifts per
day are worked over seven days a week; or
00Four weeks in the case of other weekly employees.
Time and Wages Records
Every employer is required to keep a time and wages book (or similar record) and have this
available for inspection during hours of operation by an industrial inspector.
Consultancy Service for Newly Established and Existing Businesses
The Queensland and Federal Governments have a joint service to help employers and employees
meet their obligations under Queensland State and Federal awards, agreements and legislation
covering wages and employment conditions.
The Department of Industrial Relations can have an officer visit the business to provide award
information and statutory requirements under the Industrial Relations Act 1999. New and existing
businesses are given advice on record keeping and pay advice requirements in addition to
conditions of employment.
For further information contact Wageline. Contact details are on page15 .
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Taxation Requirements
Australian Business Number (ABN)
The Australian Business Number (ABN) is your key to the Tax System. It is a single identifier for
your dealings with the Australian Taxation Office (ATO) and for future dealings with other
departments and agencies at all levels. Charities will need an ABN before they can seek
endorsement as a deductible gift recipient and/or income tax exempt charity.
An application for an ABN can be obtained from Smart Licence or the Australian Taxation Office.
Contact details for Smart Licence and the ATO are on page 15.
Pay As You Go (PAYG)
If you are in business you will pay your income tax through Pay As You Go (PAYG) instalments.
You will probably also remit amounts under PAYG withholding.
PAYG is a single, integrated system for reporting and paying withholding amounts and tax on
business and investment income.
Contact the Australian Tax Office for further information. See page 15 for the ATO contact details.
Fringe Benefit Tax (FBT)
You must register for FBT if you are an employer and provide fringe benefits to your employees. A
fringe benefit is broadly defined and includes any right, privilege, service or facility provided to an
employee or an associate of the employee (usually a family member.)
For further information contact the Australian Tax Office. See page 15 for the ATO contact details.
Goods & Services Tax (GST)
There is a goods and services tax (GST) of up to10 percent on most goods and services consumed
in Australia.
If the annual turnover of your business is $50 000 or more ($100 000 or more for non-profit
organisations) you must register for the GST and you will need an Australian Business Number
(ABN) to do this. If your turnover is lower you may choose to register for GST if you wish to.
For further information contact the Australian Taxation Office. See page 15 for the ATO contact
details or visit their web site at www.ato.gov.au .
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Record Keeping
Under tax law, a person carrying on a business must keep records that record and explain all
transactions. These records include all documents that are relevant for the purpose of ascertaining
your income and expenditure. The person must keep their records in written English or enable the
records to be readily accessible and convertible into written English.
Any books of accounts, records or documents relating to the preparation of your income tax return
must be retained for at least six years.
Other statutory provisions eg. company law requires a company to retain records for seven years
after the completion of the transaction.
If you register for GST and some other elements of The New Tax System, you will need to update
the way you keep your business records.
For further information, "How To Keep Your Business Records Now and In The Future" can be
obtained from the Australian Taxation Office. See page 15 for the ATO contact details.
Payroll Tax
Payroll tax applies to Queensland employers whose wage payments throughout Australia exceed
the exemption threshold of $16,346 per week in any month.
Contact the Office of State Revenue on Ph: (07) 3227 8903 (Brisbane Metropolitan and Interstate) or
1300 301 546.
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Other Support Services Available to Business
Smart Small Business - www.smartsmallbusiness.qld.gov.au
The Smart Small Business website caters for both businesses in their early start up stages as well
as growth. The website is designed help Queensland small business become smart business. There
are many programs, workshops, fact sheets and interactive online resources available on the
website to guide new and existing businesses through the challenges they are continuously
confronted with.
The Government Business Information Service ( GO BiS)
GO BiS is a free service that acts as your first point of contact to access up-to-date information about
State and Commonwealth government support programs available.
Support services available include:
00Training, seminars and workshops
00Business advisory and information services
00Export opportunities and networking
00Government subsidies and grants
00Industry product matching/sourcing facilities
00Trade assistance and development
Simply call 1300 363 711 (Queensland only), (07) 3001 6359 (interstate callers) or + 61 7 3001 6359
(international callers) or at www.smartsmallbusiness.qld.gov.au\gobis to receive information about
the government support services relevant to your businesses.
The Business Resource Centre and Bookshop
State Development and Innovation's Business Resource Centre (BRC) provides you with up-to-date
industry information. For just $33.00 (including GST*), the BRC will prepare a detailed information
package (a Plan Smart Kit) tailored specifically to your business and industry type.
This information will help you to:
00Assess business viability
00Identify potential competitors and suppliers
00Project business income and expenses
00Profile your business location
00Identify the factors affecting your business success
00Improve business performance
00Identify opportunities for growth
The Plan Smart Business Planning and Information Kit includes a FREE 'Easy Plan' - a template
that guides you through developing a sound business plan. Easy Plan normally retails for $11.00
(including GST*) . You can access the Business Resource Centre by telephoning 1300 363 711
(Queensland only), (07) 3001 6359 (interstate callers) or + 61 7 3001 6359 (international callers).
* GST is a Commonwealth Government Tax
Visit our Online Business Bookshop at www.smartsmallbusiness.qld.gov.au\bookshop and browse
for books that will help you develop the business knowledge and skills to make your business idea a
winner.
This information is provided as a guide only. Each business is different and will need to have its
individual needs assessed.
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Contact Details
DSDI - Smart Licence
400 Boundary Street (Cnr Fortescue Street)
Spring Hill Q 4000
PO Box 974
Spring Hill Q 4004
P: 1300 363 711 or (07) 3001 6359
F: (07) 3234 0024
E: smartlicence@sd. qld.gov.au
W: www.smartsmallbusiness.qld.gov.au
State Development & Innovation Centres -
13 26 50 (local call cost) outside Qld (07)
3001 6359
Beenleigh
Aspley
Brisbane
Ipswich
Mackay
Hervey Bay
Springwood Maryborough
Bundaberg Mt Isa
Cairns Rockhampton
Caboolture Sunshine Coast
Gold Coast
Toowoomba
Gladstone Townsville
Roma: (07) 4624 1543
Department of Tourism Fair Trading and
Wine Industry Development
State Law Building
50 Ann Street (Cnr George Street)
Floor 21
Brisbane Q 4000
P: 1300 658 030
F: (07) 3246 1532
Cairns
Ph: (07) 4042 3300
Maroochydore
Ph: (07) 5430 8900
Mackay
Ph: (07) 4969 3000
Pialba
Ph: (07) 4197 9800
Rockhampton
Ph: (07) 4920 6600
Southport
Ph: (07) 5581 3300
Toowoomba
Ph: (07) 4637 6000
Townsville
Ph: (07) 4753 2200
Australian Securities and Investments
Commission (ASIC)
Incorporation Centre
ASIC Business Centre
20th Floor
Commonwealth Bank Building
240 Queen Street
Brisbane Q 4000
P: (07) 3867 4900 or 1300 300 630 (Infoline)
The Queensland Government, its Ministers, officers,
employees or agents do not accept responsibility in respect to
this information or any consequences of relying on it.
Workplace Health and Safety
Level 4
Lutwyche Shopping Centre
543 Lutwyche Road
PO Box 820
Lutwyche Q 4030
P:1300 369 915
F: (07) 3247 9426
WorkCover Queensland
13th Floor
280 Adelaide Street
Brisbane Q 4000
P:1300 362 128 or 3006 6828
Queensland State Office of Overseas
Skills Recognition
Level 4
Lutwyche City Shopping Centre
Lutwyche Q 4030
PO Box 820
Lutwyche Q 4030
P:1300 369 935
www.trainandemploy.qld.gov.au/
Trademarks Office
IP Australia
Level 1, Reserve Bank Building
102 Adelaide Street
Brisbane Q 4000
P: (07) 3229 2375 or 1300 651 010
Web: www.ipaustralia. gov.au
Wageline
4th Floor, Lutwyche Shopping Centre
543 Lutwyche Road
Lutwyche Q 4030
PO Box 820
Lutwyche Q 4030
P: (07)3872 0550 or 1300 369 945
F: (07) 3872 0519
E: wageline@dir.qld.gov.au
Web: www.wageline.qld.gov.au
There is also a wageline "fax on demand" service which is
accessed through a fax machine by using a handset or dial
buttons. 1900 935 510 (charged at 82c per minute)
Australian Tax Office (ATO)
280 Adelaide Street
BrisbaneQ 4000
GPO Box 9990 Brisbane Q 4001
Ph: 13 28 66
Website: www.ato.gov.au