Cafés & restaurants compliance obligations for a Pty Ltd company
Computed by the Rules Mate applicability engine for a Pty Ltd company in cafés & restaurants with 6–19 employees, turnover $1M–$3M, selling to consumers and small businesses.
Short answer: 42 obligations
42 Commonwealth obligations apply to a Pty Ltd company in cafés & restaurants with 6–19 employees, turnover $1M–$3M (14 critical), plus 16 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); 14 critical obligations apply.
What the structure changes
Compared with a sole trader of the same size in cafés & restaurants, a Pty Ltd company picks up 10 Commonwealth obligations and drops 0.
- Applies: Apply for a Director Identification Number (Director ID) (Incorporated company (Corporations Act))
- Applies: Comply with directors' general law and statutory duties (Incorporated company (Corporations Act))
- Applies: Prevent insolvent trading (s 588G) (Incorporated company (Corporations Act))
- Applies: Pay company PAYG/GST/SG or face Director Penalty Notice (DPN) (Incorporated company (Corporations Act))
- Applies: Lodge the ASIC annual company statement and review fee (Incorporated company (Corporations Act))
- Applies: Determine large proprietary company status annually (Proprietary company)
- Applies: Apply for a Tax File Number for new entities and partnerships (Separate entity (company, trust, partnership or fund))
- Applies: Pay ASIC fees + lodge prescribed forms (Incorporated company (Corporations Act))
- Applies: Discharge of directors' duties — practical evidence (Incorporated company (Corporations Act))
- Applies: Beneficial ownership transparency (Tranche 3 — under consultation) (Unlisted company)
Duties that come with being a Pty Ltd company
- Apply for a Director Identification Number (Director ID): Every director needs a Director ID before appointment — apply via ABRS.
- Comply with directors' general law and statutory duties: Directors owe duties of care and diligence (s 180), good faith (s 181), no improper use of position (s 182) or information (s 183).
- Prevent insolvent trading (s 588G): Directors must prevent the company incurring debts while insolvent — or face personal liability.
- Pay company PAYG/GST/SG or face Director Penalty Notice (DPN): Directors personally liable for unpaid company PAYG, GST + SG via DPN regime.
- Lodge the ASIC annual company statement and review fee: Every Australian company has an annual review date — confirm details and pay the fee.
- Determine large proprietary company status annually: Test the three large-prop thresholds at the end of each financial year — failing any two triggers Chapter 2M reporting.
- Pay ASIC fees + lodge prescribed forms: Companies must pay annual fees + lodge prescribed forms within statutory periods (e.g. Form 484 for changes).
- Discharge of directors' duties — practical evidence: Directors must contemporaneously document discharge of duties for defence in s 180-183 cases.
- Beneficial ownership transparency (Tranche 3 — under consultation): Proposed beneficial ownership register for unlisted companies and trusts — consultation through 2024-2025; commencement TBD.
Critical Commonwealth obligations on this profile
- Apply for a Director Identification Number (Director ID) (Incorporated company (Corporations Act))
- Comply with directors' general law and statutory duties (Incorporated company (Corporations Act))
- Prevent insolvent trading (s 588G) (Incorporated company (Corporations Act))
- Pay superannuation on every payday (Payday Super) (You have employees (6–19))
- Pay employees in accordance with the applicable modern award (You have employees (6–19))
- Manage psychosocial hazards at work (You have employees (6–19))
- Take reasonable and proportionate measures to prevent sex discrimination, sexual (You have employees (6–19))
- Australian Business Number (ABN) application (Every business carrying on an enterprise needs an ABN)
Check whether these apply
- Franchising Code of Conduct (mandatory industry code): only if you are a franchisor or franchisee
- Hold valid liquor licence (state liquor licensing): only if you sell or supply alcohol
- Lodge an FBT return and pay FBT by 21 May: only if you provide fringe benefits (cars, entertainment, loans) to employees
- Wash outbound marketing lists against the Do Not Call Register: only if you make outbound telemarketing calls
- Comply with Plain English Allergen Labelling (PEAL): only if you supply packaged, labelled food
- Influencer + ad disclosure under ACL + AANA Code: only if you advertise to consumers or engage influencers
- Implement Food Safety Program where prescribed (Standard 3.2.1): only if you serve food to vulnerable persons (FSANZ Std 3.3.1) or your state prescribes a food safety program
- Pay redundancy under NES (s 119 FW Act): only if you have 15 or more employees (FW Act s 121 small business exemption)
State and territory law
This page counts Commonwealth obligations only. Payroll tax, workplace safety, licensing and other state duties depend on where the business operates; the industry's state pages list them.
Other structures and industries
Questions
- What compliance obligations apply to a Pty Ltd company in cafés & restaurants?
- 42 Commonwealth obligations apply to a Pty Ltd company in cafés & restaurants with 6–19 employees, turnover $1M–$3M (14 critical), plus 16 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); 14 critical obligations apply.
- What changes compared with a sole trader of the same size?
- A Pty Ltd company picks up 10 obligations and drops 0, including Apply for a Director Identification Number (Director ID).
Related
- Cafés & restaurants: all obligations
- Compliance obligations by structure
- Compliance obligations by industry, state and size
- Franchising Code of Conduct (mandatory industry code): does it apply to cafés & restaurants?
- Hold valid liquor licence (state liquor licensing): does it apply to cafés & restaurants?
- Appoint a certified Food Safety Supervisor (FSS): does it apply to cafés & restaurants?
- Comply with Plain English Allergen Labelling (PEAL): does it apply to cafés & restaurants?
Sources
- Apply for a Director Identification Number (Director ID)
- Comply with directors' general law and statutory duties
- Prevent insolvent trading (s 588G)
- Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- Lodge the ASIC annual company statement and review fee
- Pay ASIC fees + lodge prescribed forms
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.