Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Dropshipping is a popular way to start an online retail business with low upfront costs. You can test products, scale quickly, and avoid holding inventory. But while the model is lean, it’s still a business - which means there are legal and regulatory steps to take from day one.
One of the first questions we hear from founders is: do you need an ABN for dropshipping in Australia? In most cases, yes. If you’re “carrying on an enterprise” (which a dropshipping store usually is), you should have an Australian Business Number (ABN). Beyond compliance, an ABN also helps you get paid, open trade accounts, and appear legitimate to customers and suppliers.
In this guide, we’ll unpack when an ABN is required, the business structures to consider, the core Australian laws that apply to dropshipping, and the essential contracts and policies to put in place before you launch.
What Is Dropshipping (And How It Works In Australia)?
In a dropshipping model, you market and sell products through your online store, then pass the order to a supplier who ships directly to your customer. You don’t warehouse stock, manage shipping logistics, or handle fulfillment yourself.
It’s a lean approach, but you are still the seller in the eyes of Australian consumers. That means you control the customer experience, pricing, and policies - and you’re responsible for complying with Australian law, including consumer guarantees and fair marketing rules.
This is why setting your business up properly is so important. Even without inventory, you’re running a retail business. Having the right registrations, contracts and policies helps you manage risk and build trust from day one.
Do You Need An ABN For Dropshipping?
If you’re operating a dropshipping store with the intention of making a profit, you’re likely carrying on a business activity, which generally requires an ABN. The ABN identifies your business to the government, other businesses, and payment platforms.
There are several practical reasons an ABN is important for dropshipping:
- Most Australian suppliers and wholesale partners expect an ABN to open an account and issue tax invoices.
- Many payment processors and marketplaces ask for an ABN to verify your business identity.
- It helps with tax compliance and invoicing, including charging GST when required.
- Customers are more confident buying from a store that presents as a legitimate Australian business.
If you’re weighing up pros and cons, it can help to look at the advantages and disadvantages of having an ABN. Running a store without one can cause issues - especially if partners withhold payments or refuse to work with you - which is why operating a business without an ABN is rarely viable in practice.
Not sure if you’re “in business” yet? Indicators include repetition of sales, a commercial website, advertising spend, supplier relationships, and a profit motive. You can learn more about what defines a business activity in Australia.
Two more ABN points to keep in mind:
- If your GST turnover hits $75,000 or more in a 12-month period, you must register for GST. An ABN is needed to do that.
- ABNs don’t run forever without upkeep - understand whether an ABN can expire and keep your details current.
Sole Trader, Partnership Or Company: Which Structure Fits A Dropshipping Business?
Once you’re clear you need an ABN for dropshipping, the next decision is business structure. The three most common options are:
Sole Trader
You operate the business in your own name with an ABN. It’s simple and low-cost to set up. However, there’s no separation between you and the business - you’re personally responsible for business debts and liabilities.
Partnership
You and one or more partners operate the business together. It’s also fairly straightforward to start, but partners are generally jointly and severally liable for the business’ obligations. A partnership agreement is critical to set roles, profit shares and exit terms.
Company
A company is a separate legal entity with its own ACN. It offers limited liability (your personal assets are generally better protected) and can be more credible for suppliers and investors. It does come with setup and ongoing compliance costs, but many online founders choose a company as they grow. If you’re leaning this way, our team can assist with a complete company set up, including the documentation you need.
Whichever structure you choose, think ahead. If you start as a sole trader and later incorporate, you’ll need to transfer business assets (like domain names and contracts) to the company and update customer-facing documents. It’s easier to decide upfront based on your growth plans and risk profile.
Step-By-Step: Setting Up A Compliant Dropshipping Store
1) Confirm Your Business Plan And Suppliers
Map your niche, margins, target market, and delivery timeframes. Check supplier lead times and quality, and negotiate clear terms on returns and defective goods. Your supplier terms should align with your promises to customers under Australian Consumer Law.
2) Choose Your Structure And Register
Apply for your ABN (and ACN if incorporating). If you’ll trade under a name that’s not your own legal name, register that business name. Keep your registration details consistent across your website, invoices and payment platforms.
If you’ll operate brands under one entity, understand rules around using one ABN for multiple businesses, and how brand names differ from your legal name. It helps to know the difference between a business name vs company name so your public-facing branding and legal documents match correctly.
3) Set Up Your Store And Policies
Build your website and integrate payment, shipping and order tracking. Draft the customer-facing documents you’ll rely on every day, including your Website Terms and Conditions and a compliant Privacy Policy.
4) Sort Tax, Banking And Bookkeeping
Set up a business bank account, invoicing, and bookkeeping. If you’re approaching the GST threshold, register early and configure your checkout and tax invoices correctly. If you need to check details later, here’s how to check if an ABN is active.
5) Protect Your Brand And Content
Register trade marks for your brand name and logo, and own the rights to your store content and creative assets. If you work with freelancers, make sure your agreements transfer IP to your business.
6) Launch, Monitor And Improve
Go live with clear shipping and returns information, then monitor fulfilment times and customer feedback closely. Keep an eye on supplier quality and update your policies if you change suppliers, shipping methods or product ranges.
What Laws Do Dropshipping Stores Need To Follow?
Even if your suppliers are overseas, your customers are protected by Australian law when you sell to them in Australia. Key areas include:
Australian Consumer Law (ACL)
The ACL gives customers non-excludable guarantees, such as products being of acceptable quality and matching their description. You can’t contract out of these rights. Your advertising must be accurate and not misleading or deceptive under section 18 (and specific prohibitions like false representations). If you’re new to these rules, review how section 18 of the ACL works day-to-day for online retailers.
Dropshippers often rely on supplier specs and imagery - make sure they’re accurate and that you don’t overpromise on delivery timeframes. If a product is faulty, you’re responsible to the customer, even if the supplier caused the issue.
Reselling And Product Compliance
Generally, reselling products is legal in Australia, but you need to ensure the goods themselves can be sold here (for example, electrical items may require certification). It’s wise to understand the basic rules for reselling products in Australia and make sure your supplier contracts address compliance responsibilities.
Privacy And Data
If you collect personal information (such as names, addresses, emails and order history), you need transparent privacy practices and a clear policy on your website. Your Privacy Policy should explain what you collect, why, how you store it, and when you share it with third parties (like your supplier and couriers).
Spam And Email Marketing
Build your mailing list the right way, with consent and easy unsubscribe options. The Spam Act and privacy rules apply to promotional emails and SMS. If email is a core channel for you, keep your practices aligned with Australia’s email marketing laws.
Intellectual Property
Use product photos and descriptions that you have rights to use. If your supplier provides images, ensure their licence covers your use in Australia. Protect your own brand with trade marks and avoid using others’ logos or brand names in ways that could confuse customers.
Tax (GST And Income Tax)
Register for GST if your turnover reaches the threshold and display prices correctly for Australian consumers. Configure your invoices and checkout to handle GST accurately. Keep good records for BAS and end-of-year tax.
What Legal Documents Should Your Dropshipping Business Have?
Strong contracts and clear policies protect your margins and reduce disputes. At a minimum, consider the following documents tailored to your store and niche:
- Website Terms and Conditions: Set the rules for using your site, how orders work, payment terms, delivery timeframes, and limits on liability. Align these with your actual operational processes.
- Privacy Policy: Explains how you collect and handle personal information, including sharing with suppliers and couriers. This is essential for customer trust and legal compliance.
- Refunds, Returns and Warranty Policy: A customer-friendly summary of how you honour ACL guarantees and any additional warranties. Keep it consistent with your product pages and confirmation emails.
- Supplier Agreement: Sets service levels, quality standards, shipping timeframes, packaging, who handles defective products, and who pays for returns. The goal is to pass key obligations down your supply chain.
- Intellectual Property Assignment/Licence: If you engage designers, photographers or marketers, ensure IP in your content is assigned to your business, and you have licences for any third-party assets you use.
- Company Constitution or Shareholders Agreement (if you incorporate): If you’re building with co-founders or investors, document how decisions are made, share vesting, and exit scenarios from the outset.
Your customer-facing documents should live on your website and be easy to find before checkout. For the website layer, many dropshippers put their Website Terms and Conditions and Privacy Policy in the footer and link relevant policies in product pages and order confirmations.
Common ABN Questions For Dropshipping Founders
Do I need an ABN before I launch?
Yes - apply for your ABN before you start trading. It’s needed for supplier accounts, invoicing and tax settings in your ecommerce platform. If you’re already trading, apply as soon as possible and update your records.
Can I run multiple brands under one entity?
Yes, many founders operate multiple stores using one entity and ABN. Register separate business names for each brand and keep clear financial records for each store. Get familiar with the rules around using one ABN for multiple businesses and how it affects branding and banking setup.
What if my supplier is overseas?
You can still operate with an Australian ABN. Ensure your supplier agreement addresses shipping times, returns, warranties, and compliance with Australian standards. Remember, your Australian customers’ rights sit with you, not the overseas supplier.
Do I have to register a company to dropship?
No. You can operate as a sole trader with an ABN. However, many founders choose to incorporate for limited liability once they gain traction. If you’re ready for that step, we can help with a seamless company set up and tailored documents.
Key Takeaways
- If you’re running a dropshipping store as a commercial venture, you generally need an ABN - it’s essential for suppliers, payment platforms and tax compliance.
- Choose a structure that suits your risk and growth plans: sole trader is simple; a company provides limited liability and can support scaling.
- Put the essentials in place before launch: ABN, business name (if needed), tax settings, Website Terms and Conditions, and a clear Privacy Policy.
- Australian Consumer Law applies to dropshippers - your store must honour consumer guarantees, provide accurate product information, and avoid misleading claims.
- Align supplier contracts with your customer promises so you can pass obligations and costs down the chain where appropriate.
- Be mindful of privacy, email marketing, IP rights and GST from day one to avoid costly fixes later.
If you’d like a consultation on starting a dropshipping business in Australia, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
Business legal next step
When should you speak to a lawyer?
Government registers are useful, but they do not always cover the contracts, ownership terms and risk settings around the business decision.







