Retail trade compliance obligations for a public company
Computed by the Rules Mate applicability engine for a public company in retail trade with 100–499 employees, turnover $10M–$100M, selling to consumers and small businesses.
Short answer: 51 obligations
51 Commonwealth obligations apply to a public company in retail trade with 100–499 employees, turnover $10M–$100M (16 critical), plus 35 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); you are an APP entity under the Privacy Act; 16 critical obligations apply.
What the structure changes
Compared with a Pty Ltd company of the same size in retail trade, 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
- 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))
- Pay superannuation on every payday (Payday Super) (You have employees (100–499))
- Pay employees in accordance with the applicable modern award (You have employees (100–499))
- Manage psychosocial hazards at work (You have employees (100–499))
- Take reasonable and proportionate measures to prevent sex discrimination, sexual (You have employees (100–499))
Check whether these apply
- Comply with Heavy Vehicle Chain of Responsibility (CoR): only if you consign, pack, load or receive goods by heavy vehicle
- Maintain PBS approval + claim accurately for PBS-listed medicines: only if you are a PBS-approved pharmacy
- Register security interests on the PPSR: only if you supply goods on retention-of-title terms, or lease or finance equipment
- 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
- Food and Grocery Code of Conduct (now mandatory): only if you are a large grocery retailer or supply one
- Franchising Code of Conduct (mandatory industry code): only if you are a franchisor or franchisee
- Button + coin battery safety standard (mandatory): only if you supply products containing button or coin batteries
- 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
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 public company in retail trade?
- 51 Commonwealth obligations apply to a public company in retail trade with 100–499 employees, turnover $10M–$100M (16 critical), plus 35 to check. Risk rating: medium. No licensed regime, but you employ staff (WHS, Fair Work, super and payroll duties); you are an APP entity under the Privacy Act; 16 critical obligations apply.
- 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
- Retail trade: all obligations
- Compliance obligations by structure
- Compliance obligations by industry, state and size
- Comply with Heavy Vehicle Chain of Responsibility (CoR): does it apply to retail trade?
- Register security interests on the PPSR: does it apply to retail trade?
- Food and Grocery Code of Conduct (now mandatory): does it apply to retail trade?
- Franchising Code of Conduct (mandatory industry code): does it apply to retail trade?
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.