Unit of competency Outline
Date retreived
22/07/2026 12:46 PM AWST
22/07/2026 12:46 PM AWST
Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.
Monitor compliance with legislative requirements for the establishment of a retail business
Monitor compliance with legislative requirements for the establishment of a retail business
Unit of competency
National Code
SIRXGLC401
SIRXGLC401
State Code
WD961
WD961
TGA Status
Deleted
Deleted
DTWD Status
Deleted
Deleted
State Implementation and Classification
Approved Date
10/08/2012
Field of Education
080301 - Business Management
Original Release Date
10/08/2012
Nominal Hours
50
Description
This unit describes the performance outcomes, skills and knowledge required to investigate and comply with the legal and administrative requirements for establishing a retail business.The unit covers identifying and understanding relevant legislation, establishing a legal structure for a business, complying with statutory requirements, minimising risks, and securing rights to products and services.
Notes
Elements and Performance Criteria
1. Determine legal structure of the business.
- 1.1.Examine legal options for the most suitable type of business structure.
- 1.2.Investigate legal rights and responsibilities of the business to ensure business is adequately protected under legal and legislative provisions.
- 1.3.Confer with relevant business partners, business principles, franchisors and funders to inform final decision regarding business structure.
- 1.4.Seek legal and accounting expertise as required to inform final decision regarding business structure.
- 1.5.Compile and prepare documentation for lodgement to register the business entity with appropriate corporate regulator according to business owner’s wishes.
2. Monitor compliance with statutory and regulatory requirements.
- 2.1.Confirm statutory and regulatory requirements affecting the operations of the business and take appropriate steps to ensure full compliance.
- 2.2.Determine insurance requirements and acquire adequate cover to ensure risk minimisation.
- 2.3.Monitor the establishment and performance of contracts to ensure compliance and the fulfilment of rights and obligations.
- 2.4.Maintain and update legal documents and relevant records according to security and access requirements.
3. Secure rights to products and services.
- 3.1.Secure information on purchase rights to products and services and ensure full understanding of their implications.
- 3.2.Establish cost of procurement rights to products and services, including ongoing financial planning.
- 3.3.Confirm rights and responsibilities applying to the use of products and services from the wholesaler to ensure accurate information is communicated to customers.
- 3.4.Determine brand ownership and protection rights.
- 3.5.Secure contractual procurement rights to provide optimal conditions for procurement of products and services.
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the individual, accessibility of the item, and local industry and regional contexts) may also be included.
Business structure:
may vary according to:
confidentiality considerations
franchise arrangements and structures
preferences of owners
requirements of funding bodies
superannuation considerations
taxation considerations
may be established as a:
incorporated company
partnership
sole trader (also known as a ‘single proprietor’)
trust.
Legal and legislative provisions may include:
Australian Competition and Consumer Commission provisions
contract law
emergency procedures
environmental protection legislation
equal employment opportunity (EEO) and antidiscrimination law
franchise agreements
industry codes of practice
licence, patent or copyright arrangements
WHS
taxation law, including registration for the GST
Australian consumer law and fair trading Acts
transport, storage and handling of goods
workers’ compensation
workplace relations.
Statutory and regulatory requirementsmay vary in relation to:
business merchandise range
characteristics of specific products or services
size, type and location of business
types of products and services provided
varying levels of staff training
worksite specific context, variations and environments.
Insurance requirements vary according to:
intended use of products or services
location of market and business
types of products and services provided.
Rights and obligations may be determined by consulting internal or external experts in areas, such as:
economics
finance and accounting
insurance
law
probity
technical and scientific
trade.
Recordsmay be:
electronic
manual.
Sources ofinformation may be:
direct or indirect
electronic or hard copy
feedback
nonverbal communication
verbal communication, including:
face-to-face
radio
telephone
written instructions and communication, such as:
data exchange
emails
letters.
Brandmay encompass:
company brands
intellectual property
product brands
registered brands
registered trademarks
supplier brands.
Business structure:
may vary according to:
confidentiality considerations
franchise arrangements and structures
preferences of owners
requirements of funding bodies
superannuation considerations
taxation considerations
may be established as a:
incorporated company
partnership
sole trader (also known as a ‘single proprietor’)
trust.
Legal and legislative provisions may include:
Australian Competition and Consumer Commission provisions
contract law
emergency procedures
environmental protection legislation
equal employment opportunity (EEO) and antidiscrimination law
franchise agreements
industry codes of practice
licence, patent or copyright arrangements
WHS
taxation law, including registration for the GST
Australian consumer law and fair trading Acts
transport, storage and handling of goods
workers’ compensation
workplace relations.
Statutory and regulatory requirementsmay vary in relation to:
business merchandise range
characteristics of specific products or services
size, type and location of business
types of products and services provided
varying levels of staff training
worksite specific context, variations and environments.
Insurance requirements vary according to:
intended use of products or services
location of market and business
types of products and services provided.
Rights and obligations may be determined by consulting internal or external experts in areas, such as:
economics
finance and accounting
insurance
law
probity
technical and scientific
trade.
Recordsmay be:
electronic
manual.
Sources ofinformation may be:
direct or indirect
electronic or hard copy
feedback
nonverbal communication
verbal communication, including:
face-to-face
radio
telephone
written instructions and communication, such as:
data exchange
emails
letters.
Brandmay encompass:
company brands
intellectual property
product brands
registered brands
registered trademarks
supplier brands.
The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the following is essential:
identifies, analyses and describes a range of basic business structures
accesses and interprets a range of relevant legal and technical advice on operational matters
determines and formally details the compliance of existing business operations with legal and legislative requirements
confirms and describes the rights of consumers, covering a range of service and product delivery scenarios for a business
uses relevant legal and statutory rights to protect the business brand and intellectual property.
Context of and specific resources for assessment
Assessment must ensure access to:
a retail work environment
relevant documentation, such as:
legislation and statutory requirements
information on the internal and external operating environment
business policy and procedures manuals
information on:
business operations
markets
competitors
products and services
suppliers.
Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:
observation of performance in the workplace
third-party reports from a supervisor
review of portfolios of evidence
written or verbal questioning to assess knowledge and understanding.
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the following is essential:
identifies, analyses and describes a range of basic business structures
accesses and interprets a range of relevant legal and technical advice on operational matters
determines and formally details the compliance of existing business operations with legal and legislative requirements
confirms and describes the rights of consumers, covering a range of service and product delivery scenarios for a business
uses relevant legal and statutory rights to protect the business brand and intellectual property.
Context of and specific resources for assessment
Assessment must ensure access to:
a retail work environment
relevant documentation, such as:
legislation and statutory requirements
information on the internal and external operating environment
business policy and procedures manuals
information on:
business operations
markets
competitors
products and services
suppliers.
Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:
observation of performance in the workplace
third-party reports from a supervisor
review of portfolios of evidence
written or verbal questioning to assess knowledge and understanding.
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.
No information
| State Code | National Code | Title | Type |
|---|---|---|---|
| J150 | SIR40212 | Certificate IV in Retail Management | Qualification |