Real estate agents compliance obligations for a public company
Computed by the Rules Mate applicability engine for a public company in real estate agents with 100–499 employees, turnover $10M–$100M, selling to consumers and small businesses.
Short answer: 59 obligations
59 Commonwealth obligations apply to a public company in real estate agents with 100–499 employees, turnover $10M–$100M (23 critical), plus 17 to check. Risk rating: high. Licensed or supervised regime: AML/CTF reporting entity. These carry licence conditions, regulator audit and per-contravention civil penalties.
What the structure changes
Compared with a Pty Ltd company of the same size in real estate agents, a public company picks up 2 Commonwealth obligations and drops 1.
Duties that come with being a public 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.
- Maintain auditor / financial reporting (Chapter 2M): Large proprietary, public and disclosing entities must prepare and lodge audited financial reports.
- Comply with corporate whistleblower protections (Part 9.4AAA Corporations Act): Public companies and large proprietary companies must have a whistleblower policy and protect disclosers.
- 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
- Enrol with AUSTRAC as a reporting entity (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Maintain a written AML/CTF program (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Customer due diligence (KYC) on every customer (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Suspicious matter, threshold, and IFTI reporting to AUSTRAC (Tranche 2 industry (Real estate agents) — AML/CTF reporting entity from 1 July 2026)
- Notifiable Data Breach (NDB) scheme (Annual turnover over $3M — an APP entity under the Privacy Act (s 6D))
- 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))
Check whether these apply
- Trust account audit + ASIC / state regulator submission: only if you hold money in a statutory trust account
- ASRS Group 2 climate disclosure — FY commencing on/after 1 July 2026: only if you meet 2 of 3 Group 2 tests (revenue ≥ $200M, gross assets ≥ $500M, 250+ employees) or report under NGER
- AASB S2 Scope 3 emissions + assurance phase-in: only if you meet 2 of 3 ASRS size tests (revenue ≥ $50M, gross assets ≥ $25M, 100+ employees) or report under NGER
- Lodge mandatory climate-related financial disclosures (ASRS S2): only if you meet 2 of 3 ASRS size tests (revenue ≥ $50M, gross assets ≥ $25M, 100+ employees) or report under NGER
- 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
- Influencer + ad disclosure under ACL + AANA Code: only if you advertise to consumers or engage influencers
- ASRS Group 3 climate disclosure — FY commencing on/after 1 July 2027: only if you meet 2 of 3 ASRS size tests (revenue ≥ $50M, gross assets ≥ $25M, 100+ employees) or report under NGER
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
- Real estate agents: sole trader
- Real estate agents: trust
- Real estate agents: pty Ltd company
- Fintech (non-bank): public company
- Banks & ADIs: public company
- General insurers: public company
- Credit licensees & mortgage brokers: public company
- Aged care providers: public company
- NDIS providers: public company
Check your AML/CTF programUpload the AML/CTF program you already have and get a gap score against the Tranche 2 requirements of the Act and Rules. Personal information is removed before analysis.Primary actionRun the compliance journeyAnswer a short questionnaire about your business and get the obligations that apply to you, with the reason each one applies.
Questions
- What compliance obligations apply to a public company in real estate agents?
- 59 Commonwealth obligations apply to a public company in real estate agents with 100–499 employees, turnover $10M–$100M (23 critical), plus 17 to check. Risk rating: high. Licensed or supervised regime: AML/CTF reporting entity. These carry licence conditions, regulator audit and per-contravention civil penalties.
- What changes compared with a Pty Ltd company of the same size?
- A public company picks up 2 obligations and drops 1, including Maintain auditor / financial reporting (Chapter 2M).
Related
- Real estate agents: all obligations
- Compliance obligations by structure
- Compliance obligations by industry, state and size
- Enrol with AUSTRAC as a reporting entity: does it apply to real estate agents?
- Maintain a written AML/CTF program: does it apply to real estate agents?
- Customer due diligence (KYC) on every customer: does it apply to real estate agents?
- Suspicious matter, threshold, and IFTI reporting to AUSTRAC: does it apply to real estate agents?
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
- Maintain auditor / financial reporting (Chapter 2M)
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.