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Building an online presence is no longer optional for Australian businesses – it’s essential. Whether you’re launching a side hustle, scaling up an established operation, or taking your retail store online, setting up a website in Australia opens the door to new customers and growth opportunities. However, creating a website in Australia isn’t just about eye-catching design and clever marketing. There are important legal steps to get right from the start to set up your website – and your business – for success.
If you’re wondering how to set up a website in Australia or how to make a website to sell products locally or nationwide, knowing the legal essentials is just as critical as choosing the right tech platform. From compliance with privacy laws to drafting bulletproof website terms, keep reading to learn what you need to know for a legally compliant business website in Australia.
What Does “Setting Up a Website” in Australia Involve?
Let’s start with the basics. “Setting up a website” Australia-wide isn’t just picking a name and going live. It often involves:
- Choosing and registering your domain name (your web address)
- Building and designing your website – either with a developer, an agency, or via a self-serve platform like Shopify or Squarespace
- Adding functionality – such as online payments, a store, or booking forms
- Legally protecting your website and business – by registering your business, getting the right legal documents, and complying with relevant regulations
While the technical side gets a lot of attention, the legal side is just as important to ensure your business grows on a solid foundation.
How Do I Plan for My Business Website?
Setting up a website in Australia starts with a solid plan. Before you design a homepage or upload your first product, ask yourself:
- Who is my target market?
- What problems am I solving for customers?
- Will I sell products, offer services, or both?
- What are my competitors doing online?
- Which platforms fit my needs (Shopify, WooCommerce, custom builds, etc.)?
- What are my key business goals (brand awareness, sales, lead generation)?
Documenting this in a business plan will guide your decision-making – and ensure you’re thinking about both business and regulatory requirements right from day one.
How to Set Up a Website in Australia: Step-by-Step Guide
Let’s walk through a practical roadmap for setting up your business website.
Step 1: Register Your Business
Before anything goes online, make sure your business is correctly registered. In Australia, this usually means:
- Applying for an Australian Business Number (ABN)
- Registering your business name (if not trading solely under your own name)
- Considering the right structure for your business – sole trader, partnership, or company. Our guide to ABN vs ACN breaks down the differences.
Doing this protects your brand, ensures your customers see you as trustworthy, and gives you access to business banking and payment systems.
Step 2: Secure Your Domain Name
Next, lock down your web address. A .com.au domain requires you to have an ABN or ACN that matches the business name (or be a registered trademark owner for brand protection).
Registering your domain name ensures your brand is secure and helps prevent cybersquatting (other parties “sitting on” your preferred web address). For a detailed overview, see our guide on domain name registration for Australian businesses.
Step 3: Build Your Website – With Legal Compliance In Mind
Once your business and domain are set, you can build your website on a platform that suits your technical skills, budget, and the features you’ll need (e.g., online store, booking system, blog, or membership access).
At this stage, it’s tempting to focus on design and content, but it’s critical to also set up the legal documents and compliance features your site needs from the very beginning.
What Legal Requirements Apply to Australian Business Websites?
Australian websites – especially those that sell products or services – face a range of legal requirements. Ignoring these can lead to complaints, fines, or lost customer trust. Here are the main areas to get right:
1. Business Structure and Registration Laws
Every business website must be attached to a registered entity, whether that’s a sole trader, company, partnership, or trust. If operating as a company, you also need to comply with ASIC requirements – such as annual reviews and proper recordkeeping. For more information, check out our guide on company limited liability.
2. Australian Consumer Law (ACL)
If you’re selling goods or services to Australian consumers, the Australian Consumer Law (ACL) applies. This law covers:
- Clear and honest advertising (no misleading or deceptive conduct)
- Consumer guarantees (such as refunds and replacement policies)
- Proper handling of complaints and disputes
You must clearly outline your refunds and returns policy and provide accurate information about what you’re selling. If using testimonials or user reviews, these also need to be genuine and comply with ACCC guidelines.
3. Privacy Laws and Data Protection
Almost every modern website collects some form of personal information – through contact forms, email sign ups, or e-commerce checkouts. If you collect, store, or use personal information, you must comply with the Privacy Act 1988 and the Australian Privacy Principles (APPs).
This means you’ll need a compliant Privacy Policy that explains to users how their data is collected, used, and stored. If you use third-party tools (like Google Analytics, Facebook Pixel, or email marketing), you must disclose this in your policy. If your customers are in the EU, you may also need to consider GDPR compliance.
4. Cookie Compliance
Does your website use cookies or tracking technologies (most do, especially for analytics or advertising)? If so, you may need a clear Cookie Policy and cookie pop-ups to gain user consent, especially if you have overseas visitors or target the EU.
5. Intellectual Property Law
Your website content – including logos, graphics, and product descriptions – is intellectual property (IP). You should take steps to:
- Ensure you own or have rights to all content, images, and software used on your site
- Register key IP, such as your business name, logo, or unique product names, as a Trade Mark
- Monitor for any unauthorised use of your brand or content by others online
Getting this right protects your business reputation and avoids costly disputes down the track.
6. Selling and E-Commerce Laws
If you plan to sell online, additional laws apply. You’ll need to comply with taxation rules (such as GST registration if your turnover exceeds $75,000), fair pricing, and clear checkout processes. For more advice, see our article on Australian ecommerce law and online business sale agreements.
7. Website Accessibility and Other Compliance
While not strictly mandated for all private businesses, it’s also good practice to ensure your site meets basic web accessibility guidelines, making your content usable for all Australians, including those with disabilities.
What Legal Documents Does My Website Need?
A legally compliant website in Australia should display or have available several key legal documents. The exact documents you need depend on your business model, but most Australian business websites will require:
- Website Terms & Conditions: Sets out the rules for using your website, including acceptable use, IP ownership, disclaimers, and limits on your liability.
- Privacy Policy: Required under Australian law if you collect personal information – explains what data you collect, why, and how it’s managed. Learn more.
- Refunds/Returns Policy: Essential for e-commerce websites, set out how you handle returns and refunds, in compliance with ACL.
- Cookie Policy: Explains your use of cookies and tracking technology (often combined with Privacy Policy).
- Online Store Terms: If you’re selling products/services, your e-commerce terms should detail order processes, payment, shipping, and limitation of liability. Sprintlaw offers tailored online shop terms for Shopify and similar platforms.
- Email Disclaimer: If sending business emails or running a mailing list, you should include an email disclaimer to reduce legal risks.
- Supplier/Partnership Agreements: If you outsource web development or have key suppliers, protect your IP and business relationship with proper agreements.
Not every business will need every document, but almost every website in Australia will need at least Website Terms and a Privacy Policy. Investing in properly drafted, tailored policies (rather than copying random templates) protects your business and builds customer trust.
Do I Need to Register My Website as a Business in Australia?
You don’t have to “register” your website per se, but you do need to ensure your underlying business is registered. Remember:
- If you’re trading under a name other than your own, register a business name with ASIC
- If you plan to operate as a company, register with ASIC and obtain an ACN
- Ensure you have an ABN for tax purposes
If you’re ever unsure, speak to a legal or business advisor about your specific setup.
What Are Common Pitfalls When Creating a Website in Australia?
Many new business owners trip up by:
- Forgetting to update legal documents as the website grows (or leaving out policies entirely)
- Not obtaining rights for website content, photos, or software (leading to copyright issues)
- Ignoring data privacy and email marketing compliance, risking regulator complaints or customer backlash
- Misunderstanding Australian Consumer Law obligations – especially for returns, refunds, and advertising
- Not protecting their own brand – leaving the door open for trademark infringement or “copycat” competitors
With the right preparation, you can avoid these issues and build trust with your customers from day one. You can read more about some of the most common legal mistakes small businesses make here.
Tips for Selling Online: Setting Up an E-Commerce Website in Australia
If you’re setting up a website to sell products in Australia, some extra legal considerations come into play:
- Ensure your checkout process is clear and accessible, showing total prices (including GST and shipping)
- Have accurate shipping and delivery information, including an up-to-date shipping policy
- Meet all product safety and labelling standards relevant to your category
- Comply with the Spam Act 2003 when running email marketing or promotions – see our guide to spam law for e-commerce
It’s important not to overlook insurance, too, especially if you’re selling physical goods – while not a legal requirement for running a website, product liability and public liability insurance help protect you if something goes wrong.
Making Your Website Compliant: Best Practices
A few extra tips for ensuring your website stays compliant and builds trust:
- Display your ABN, business name, and contact details clearly in your website footer or About page
- Update your Privacy Policy and terms as your business (and the law) changes
- Include a copyright notice (e.g., “© 2024 [Your Business Name]”) and register your IP where appropriate. Learn more about copyright for businesses
- If you use customer reviews or testimonials, ensure they are genuine – false or misleading reviews are banned under ACL
- Don’t copy terms from other sites – tailored documents protect you far better and avoid accidental breaches
Key Takeaways: Setting Up a Website in Australia
- Launching a website in Australia goes hand-in-hand with business registration, IP protection, and legal compliance.
- A registered business, unique domain name, and proper website legal documents lay the foundations for long-term success.
- Australian Consumer Law, privacy laws, and e-commerce obligations apply to most business websites – get clear on your responsibilities from day one.
- Essential website documents include Privacy Policy, Website Terms, and e-commerce terms for online stores – tailored to your business, not copied from elsewhere.
- Regularly review and update your site’s legal documents as your business grows and regulations change.
- Early legal guidance can prevent costly disputes and compliance headaches, keeping your website and brand protected.
If you would like a consultation on setting up your business website in Australia, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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