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RESEARCH AND

COMPLY WITH
REGULATORY
REQUIREMENTS

07.25.2021 SITXGLC001
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Research and Comply with Regulatory Requirements

TABLE OF CONTENTS

PART. A...........................................................................................3
I. INTRODUCTION..................................................................3
1. Overview of the business.....................................................3
2. Target Market:................................................................................................. 3
II. CORE ACTIVITIES:................................................................4
III. BUSINESS STRUCTURE......................................................4
1. Advantages and Disadvantages of Business:.......................5
IV. LEGAL REQUIREMENTS......................................................5
PART B...........................................................................................6
V. 10 LICENSES AND PERMIT LISTED:..................................7
VI. OBLIGATIONS:.......................................................................8
1.Basic taxation to operate a business.....................................8
2.Superannuation obligations:..................................................8
3.Fair work obligations:............................................................9
4.Privacy obligations:...............................................................9
5.Fairtrade Australian consumer law obligations:....................10
VII. INSURANCE POLICY.........................................................10
1.Compulsory Insurance Policies...........................................10
2.Asset Protection Insurance Policies.....................................11
3.Income Protection Insurance Policies..................................11
VIII. SCENARIO WHERE LEGAL ADVICE OBTAINED........11
IX. CONCLUSION:......................................................................13
X. REFERENCE:.........................................................................14

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Part. A

I. Introduction
1. Overview of the business

DoubleTree by Hilton is a hotel located in


Northbridge, Perth’s trendy food and boutique
shopping area. The Perth Cultural Centre,
the Art Gallery of Western Australia, and the
shopping precinct are all within a two-
minute walk. At the pool or sauna, guests
may unwind in elegance. Each room at the
DoubleTree is warm and inviting, with high-
quality bed linens and bathrobes.
Customers will find all of the
furnishings to be modern and simple to utilize.
The hotel's versatile event space
measures 310 square meters and has four
conference rooms, two of which have
natural light. A/V equipment of the highest
quality, catering, and event
organizing. HealthLand Family Wellness
Centre has a spa and other
treatments available, as well as an open pool
deck with spectacular views of the city.

James St.Bar + Kitchen, the property's


on-site restaurant, is open for breakfast,
lunch, and dinner. This beautiful hotel in a
modern glass-and-steel tower is located along a tree-lined boulevard, a 5-minute walk from
both Perth railway station and Western Australian Museum, and 2 kilometers from Kings Park
and Botanic Garden. A hotel's target market is a defined subset of all hotel guests from whom
it hopes to gain business. This could include both business travelers and vacationing families
looking for a hotel near an airport or conference center.

Business hour: 24/7

2. Target Market:

International, domestic, and family travelers are all welcome.

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Research and Comply with Regulatory Requirements
II. Core Activities:

The business offers these products, services, and features:

 24h reception

 Conference Facilities

 On-site parking

 A fully-equipped Fitness Gym

 Non-smoking

 Meeting and Event

 High-speed free Wi-Fi

 On-site restaurant

In a feel-good, cheerful setting, James Street Bar & Kitchen gives a modern approach
to casual food and creates diverse Western Australian meals.

Monday – Friday: 7:00AM – 9:00PM


OPENING
Saturday: 7:00AM – Late
HOURS:
Sunday: 7:00AM – 9:00PM

III. Business Structure


Hilton Worldwide owns and operates DoubleTree Hilton, an American hotel business.
The majority of DoubleTree hotels are owned and run by franchisees, but Hilton Worldwide
manages a few.  Since 2007, DoubleTree has been the Hilton brand with the most properties,
and from 2007 to 2015, it had the most rooms, until Hilton Garden Inn added more rooms in
2016.

From serving the local community and providing a signature warm DoubleTree
chocolate chip cookie at check-in to innovating for the future through contemporary
accommodations and amenities, DoubleTree by Hilton has maintained its philosophy of
making guests feel at ease while traveling for more than 50 years.

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1. Advantages and Disadvantages of Business:

Advantages Disadvantages
• Shareholders' liability is limited; • The company's formation,
maintenance, and dissolution can be
• It's simple to transfer ownership by costly;
selling shares to a third party; and
• The reporting requirements can be
• Shareholders (typically family complicated;
members) can work for the company.
• The company's financial concerns are
• The organization can conduct open to the public.
business throughout Australia.
• Directors may be held personally
• Tax rates can be lower, and you'll have accountable for the company's debts if
access to more capital and talents. they fail to meet their legal
commitments.

• Dividends paid to shareholders are


taxed.

IV. Legal Requirements

1. Business Name: assists audiences/customers in recognizing and distinguishing one


product or service from another. It's a made-up trade name that's used for identification
in marketing, advertising, business, and selling.
2. Australian Business Number (ABN): An ABN is a unique 11 digit number that makes it
easier to identifies business to the government and community. It is used to:

 Identify business to others when ordering and invoicing


 Avoid pay as you go (PAYG) tax on payments you get
 Claim goods and services tax (GST) credits
 Claim energy grants credits
 Get an Australian domain name

3. Goods and Services Tax (GST): is a ten percent tax on almost all goods, services,
and other items sold or consumed in Australia.

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Research and Comply with Regulatory Requirements
4. Tax File Number (TFN): is a tax and superannuation personal reference number
obtained from the Australian Taxation Office (ATO).
5. Pay As You Go (PAYG) withholding Tax: It is a withholding tax that requires
businesses to pay the ATO an additional portion of their business income. These
contributions will be applied to your anticipated income tax liability at the end of the
year.

PART B
Application with APRA for a music license:

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V. 10 LICENSES AND PERMIT LISTED:
Licenses/Permi Published By Cost of Licenses Penalty and Risk
t (Maybe)

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Research and Comply with Regulatory Requirements
Approval to Operate a North Sydney 125.00$ Failure to comply
Public Swimming Pool Council would result in a
or Spa settlement and
additional
sanctions for
violating the
privacy of
customers or
others.
Australian Business Australian No fees are Failure to comply
Number Government required. would result in
Registration settlement and
further fines
Goods and Services Australian No fees are Further expensive
Tax (GST) Registration Government required. tax fines

Hotel Licence (Liquor) New South Wales Fees are listed on Fines, Settlement
the attached
document.
Recognized New South Wales The competency Maximum penalty
Competency Card card fee is of $5,514 for
(Liquor) included in the individuals
training course
fee.
National Business Australian 37.00$ - Copyright Name
Name Registration Government Registration for
one year. 87.00$ -
Registration for
three years
Recognised New South Wales $41.00 Unsecured
Competency Card
(Gaming)
Swimming Pool North Sydney Council Free if you register Child Safety,
Registration - New South Wales online or the Barrier Unsafety
Council can
register on your
behalf for a fee of
up to $10.
Tobacco and e- New South Wales No fees are Fines, Settlement
Cigarette Retailing required.
Notification
Approval to Manage New South Wales $113.00 Unprofessional
Licensed Premise

VI. OBLIGATIONS:

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1. Basic taxation to operate a business
 For individuals: • $500 000. Taxation:
Taxation is handled by the ATO. The registrations required and must be complied
for the business are:
 Tax File Number (compulsory for every taxpayer)
 Australian Business Number
 Goods and Services Tax
 PAYG Withholding

A corporation has its tax file number (TFN) and, in most circumstances, an Australian
Business Number (ABN), and it files its tax return. Even though the partnership does not
pay taxes, it is required to prepare a tax return that shows how profits were distributed to
each member. The profits of the company are shared among the stakeholders per the
company agreement once the ATO has examined this return. The ATO will assess each
stakeholder's part of the profit (or loss) by adding it to their income tax.

Tax obligation Penalty for failing to meet the obligation


Keeping or retaining records as required 20 penalty units
Retaining or producing declarations as 20 penalty units
required
Providing access and reasonable 20 penalty units
facilities to an authorized tax officer
Applying for or canceling goods and 20 penalty units
services tax (GST) registration when
required
Issuing a tax invoice or adjustment note 20 penalty units
when required
Both principal and agent must not issue 20 penalty units
tax invoices or adjustment notes for the
same taxable supply or adjustment
event
Registering as a PAYG withholder when 5 penalty units
required
Lodging an activity statement 5 penalty units
electronically when required
Paying an amount electronically when 5 penalty units
required

2. Superannuation obligations:

Superannuation is money sent to employees through a chosen super fund to help them
save for retirement. If a company pays an employee $450 or more before tax in a calendar
month, it is required to pay super on top of its income. If you fail to pay an employee's super on
time and to the correct fund, you must pay the superannuation guarantee charge (SGC) and

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Research and Comply with Regulatory Requirements
submit an SGC statement to us. Contributions to the SGC are not tax-deductible.
Furthermore, if you miss a payment because you didn't pay an employee's super on time, you
must pay the Super guarantee charge to us and lodge a Superannuation guarantee charge
statement.

If you miss a payment because you didn't pay an employee's super on time or to
the right fund, you must:
o pay the Super guarantee charge
o lodge a Superannuation guarantee charge statement.
o If you make a late payment:
o offset late payments against the SGC
o carry the late payment forward as pre-payment of a future contribution for the
same employee

3. Fair work obligations:


The DoubleTree hotel plans to hire workers. Before recruiting an employee, as well as
throughout their employment, and after they depart, an employer must adhere to specific
standards. All time spent on the work, including training, team meetings, opening and
closing the firm, and even trial shifts must be rewarded.
If an employee does not get the pay that the Commission has ordered, the employee
has several options for seeking enforcement through civil proceedings in:  
• the Federal Circuit Court of Australia or a State Magistrates Court by
commencing a small claim proceeding (available for the enforcement of a
Commission order for the payment of money up to $20,000 where there is no
application for a pecuniary penalty order)
• the Fair Work Division of the Federal Circuit Court of Australia, or • an eligible
State or Territory Court such as a District or County Court or state industrial
relations commission

4. Privacy obligations:
The DoubleTree Hotel Management has produced this privacy statement to
demonstrate a firm and continuing commitment to the privacy of personal information given
by visitors and users of the Hotel's website. The Hotel places a high priority on its guests'
information privacy.  
Double Tree Hotel recognizes the importance of protecting customer privacy and
the policy is designed to assist customers in understanding how they collect, use and
safeguard the personal information provided and to assist in making informed decisions
when using the site.
Personal information will be used by the Hotel to conduct business, offer requested
services, and track marketing and promotional initiatives. Improve the hotel's content and
service offerings, as well as modify the site's material. These features help to improve the
site and make it more consumer-friendly.

5. Fairtrade Australian consumer law obligations:

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As an Australian business, the hotel will be subject to the Australian Consumer Law
(ACL) when it comes to engaging with consumers, including providing services and selling
commodities such as food and beverages. The ACL is a federal consumer protection
statute. The following are some of the activities that a company must perform to comply
with the ACL:
 If a customer would ask for an itemized bill, the Hotel will provide it free of
charge.
 If the business sells goods or services worth more than $75 (excluding GST),
the business must give an official receipt to the customer.
 If the business will give receipts, they must identify the business, it is ABN, and
what was it for (accommodation or dining bill) including the date and the price.

The maximum penalties per breach of the ACL including unconscionable conduct, making
false or misleading representations, and supplying consumer goods or certain services that do
not comply with safety standards or which are banned:

For corporations, will be the greater of:

• $10 000 000 • three times the value of the benefit received, or

• 10% of annual turnover in preceding 12 months, if the court cannot determine benefit
obtained from the offense.

VII. INSURANCE POLICY

1. Compulsory Insurance Policies

 Victorian Work Cover insurance - It is compulsory insurance for Victorian


business employers. This provides employers with insurance cover for the cost of
benefits if a worker is injured or sick due to their work.

Business needs to take out Victorian Work Cover Authority insurance policy if:

• The business expects to pay more than $7500 a year in rateable remuneration
• The business has any apprentices or trainees or even a business with only one
worker Public liability insurance

This sort of insurance is required for businesses that require face-to-face engagement
with customers. It protects the company from third-party claims for physical injury or property
damage if the company or its workers are determined to be irresponsible. Can be applied
through CGU Insurance.

2. Asset Protection Insurance Policies

Value Protect Insurance

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Research and Comply with Regulatory Requirements
 This insurance protects you against the loss of your belongings due to theft.
Theft insurance is required for items like computers and stocks. LAPI Asset
Protection Insurance is a viable option.

Machinery Breakdown Insurance

 In every business operation, some equipment and other machinery can break
down unexpectedly or without warning. There is an insurance policy that is
available to cover its maintenance and replacement costs and may also cover
the products damaged (such as thawed food). Can be applied through various
insurance providers such as VeroResearch and Comply with Regulatory
Requirements

3. Income Protection Insurance Policies

Indemnity Protection Insurance

 This sort of insurance can be purchased by a business owner or an employee to


cover lost income in the event of an accident or illness that prevents them from
working. Having this type of coverage in place can assist ensure that anyone's
family is not left with a significant financial burden if they lose their job. For
example, monthly benefit payments may be used to ensure does not need to rely
on family or friends for financial support.

Can be applied through various insurance providers such as Nobleoak.

Mortgage Protection insurance

Cover mortgage repayments in the event of death, diagnosis of a critical illness, or if


the person is totally and permanently disabled.

Can potentially receive payments of:

• Up to $1,000,000 to pay off the home loan in the event of death, and if there’s
any leftover, it will be paid to the family to use however they like.
• Up to $7,500/month to cover monthly repayments if unable to work due to
serious illness or injury, for up to 30 months.
• Up to $7,500/month to cover monthly repayments if become involuntarily
unemployed, for up to 90 days. - Can be applied through various insurance
providers such as AMO and ANZ mortgage protection

VIII. SCENARIOS WHERE LEGAL ADVICE NEEDS TO BE OBTAINED

 Fair Trade

A fruit company supplies fruit and vegetables to several Northbridge restaurants and
cafés. They've been doing business with the DoubleTree in Northbridge for nearly eight

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years. However, since the epidemic began and lockdowns were implemented across the
state, the hotel has complained that the supplier has presented them with low-quality fruits
and vegetables. When the supplier asked the hotel if they want to have another delivery
and have the items replaced and to return the complained products, the hotel insisted not
to do so and asked for a refund instead.

Legal Advice:

1. Australian Consumer Law standards must be complied with by the supplier no


matter what the situation is. They must provide just, and acceptable goods as
advertised from their services.

 Businesses are required by the Australian Consumer Law (ACL) to provide


consumer assurances for the majority of consumer goods and services they sell.
Consumer guarantees are a set of standards that apply to products and services
purchased under the ACL by consumers. These guidelines define the circumstances
in which a company is expected to give a solution to a customer.

2. The Supplier (FruiKat) should provide a remedy – either through replacement or


refund and any compensation for consequential loss of the hotel.

3. If FruiKat fails to meet its duties, the hotel can file a complaint with the Australian
Competition and Consumer Commission (ACCC) or their local consumer
protection agency, or have the matter heard by a small claims tribunal in their
area.

Fair Work

Employees at the DoubleTree hotel have been complaining for the past five months that
they are not receiving their regular pay rate. They attempted to get management to address
the problem, but despite receiving letters from their employees, management remained silent.

Legal Advice: If an issue cannot be resolved between the employer and the employee,
employees can seek the assistance of the Fair Work Ombudsman. They can submit a detailed
report online at fairwork.gov.au, or they can pursue a claim in court.

Taxation

A full-time manager works over 50 hours every week. When the Manager prepares to
file his income tax return, he expects to receive a large refund because he has worked hard.
However, when he checked his mygov account online, he discovered that he had only paid a
total of $3000 in tax for the 2020-2021 financial year and that he would not be eligible for a full
return because he made a total of 30,000 AUD. He tried to file his tax return and still tried to
get the full 4,000 AUD refund by forging Official Receipts for the items he wanted to be
refunded. He was then approved, much to his astonishment. He received an email from the
ATO a few weeks later claiming that he will be audited since they are questioning why he

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Research and Comply with Regulatory Requirements
declared everything on his tax return. When he was asked for the declared receipts, there is
nothing he can show.

Legal Advice:

 For not following the ATO's law on allowable working hours and overtime hours for
each employee each week, both the employee and the business may face charges
and fines.

 Both employee and employer must keep records of payslip on each pay period
carefully following the legally allowed working hours together with the proper award
and pay rate.

 In this instance, the employee will face penalties and hefty fines from the ATO for
providing false or misleading information while claiming a tax refund. Depending on
the court's rulings, he may have to pay more and serve time in prison.

IX. CONCLUSION:

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Businesses, regardless of the structure in which they operate,
must adhere to Australian laws and regulations.
These firms will be able to last for a long time and will surely
make more earnings year after year if they do so.

X. REFERENCE:
https://www.business.gov.au/planning/new-businesses/legal-essentials-for-
business

https://ablis.business.gov.au/search/questions?
baName=Hotel+bar+operation&baName=Hotel+operation&psId=2222&gpId=358
&bsId=1&bsId=2&bsId=3

https://business.gov.au/planning/business-structures-and-types

https://www.accc.gov.au/publications/travel-accommodation-an-industry-guide-to-
the-australian-consumer-law

https://business.gov.au/products-and-services/fair-trading/australian-consumer-
law

https://ablis.business.gov.au/

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Research and Comply with Regulatory Requirements
https://www.fairwork.gov.au/tools-and-resources/fact-sheets/rights-and-
obligations

https://business.gov.au/finance/superannuation

https://www.hilton.com/en/hotels/perdtdi-doubletree-perth-northbridge/meetings-
events/

https://www.hilton.com/en/doubletree/

https://ablis.business.gov.au/service/ag/australian-business-number-
registration/26?bsId=1&bsId=2&bsId=3&modal=true&locations=NSW

https://ablis.business.gov.au/service/ag/goods-and-services-tax-gst-
registration/78?bsId=1&bsId=2&bsId=3&modal=true&locations=NSW

https://ablis.business.gov.au/service/ag/national-business-name-registration/370?
bsId=1&bsId=2&bsId=3&modal=true&locations=NSW

https://ablis.business.gov.au/service/nsw/recognised-competency-card-
gaming-/37371?bsId=1&bsId=2&bsId=3&modal=true

https://ablis.business.gov.au/service/qld/commercial-hotel-licence/4245

https://www.business.qld.gov.au/industries/hospitality-tourism-sport/liquor-
gaming/liquor/compliance/fines-penalties

https://www.finder.com.au/income-protection-super

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