Banks & ADIs compliance obligations in New South Wales: sole trader with employees
Computed by the Rules Mate applicability engine for a sole trader with 1–5 employees, turnover $100K–$1M, in banks & adis, operating in New South Wales and selling to consumers and small businesses.
Short answer: 67 obligations
67 obligations apply (31 critical) across 26 regulators, plus 11 to check. Risk rating: high. Licensed or supervised regime: AML/CTF reporting entity, credit provider, APRA-regulated. These carry licence conditions, regulator audit and per-contravention civil penalties.
Taking on staff as a sole trader: what changes
Compared with a banks & adis business run as a sole trader with no employees in New South Wales, 21 obligations apply that did not.
- Applies: Pay superannuation on every payday (Payday Super)
- Applies: Pay employees in accordance with the applicable modern award
- Applies: Manage psychosocial hazards at work
- Applies: Take reasonable and proportionate measures to prevent sex discrimination, sexual
- Applies: Withhold PAYG from employee and contractor payments
- Applies: Provide 10 days paid family + domestic violence leave (FDV)
- Applies: Document VEVO checks + retain employer records (s 245AYL Migration Act)
- Applies: Casual employment definition + conversion (Closing Loopholes 2024)
- Applies: Report under Single Touch Payroll Phase 2
- Applies: Honour employees' right to disconnect (s 333M)
What switches on if you incorporate
Moving to a Pty Ltd company with 1–5 employees, turnover $100K–$1M adds 10 obligations:
- 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
- Determine large proprietary company status annually
- Apply for a Tax File Number for new entities and partnerships
- Pay ASIC fees + lodge prescribed forms
- Discharge of directors' duties — practical evidence
- Beneficial ownership transparency (Tranche 3 — under consultation)
New South Wales law that applies
4 New South Wales obligations apply on these facts:
| Obligation | Why it applies |
|---|---|
| PCBU primary duty of care (NSW WHS Act s 19) | Every business is a PCBU — the primary duty of care applies whether or not you employ anyone · NSW law |
| Notify SafeWork NSW of notifiable WHS incidents | Every PCBU must notify the regulator of notifiable incidents (death, serious injury, dangerous incident) · NSW law |
| Pay long service leave under the LSL Act 1955 (NSW) | You have employees (1–5) · NSW law |
| Comply with Workplace Surveillance Act 2005 (NSW) | You have employees (1–5) · NSW law |
Payroll tax in New South Wales (FY2026-27)
NSW: 5.45% on Australian wages above the $1.2 million tax-free threshold (FY2026-27). On these facts the business is below the New South Wales threshold, so payroll tax does not apply yet.
- How the threshold works
- Flat tax-free threshold, apportioned by the share of Australian wages paid in NSW and by days employed; only one group member claims it.
- Returns
- Monthly by the 7th of the following month; annual reconciliation by 28 July
- Administered by
- Revenue NSW
New South Wales regulators
Where the obligations sit
| Area | Obligations |
|---|---|
| Privacy | 11 |
| Aml ctf | 8 |
| Workplace | 7 |
| Tax | 5 |
| Whs | 4 |
| Credit | 4 |
| Super | 2 |
| Financial services | 2 |
| Apra | 2 |
| Far | 2 |
Critical obligations on this profile
- Enrol with AUSTRAC as a reporting entity (Authorised deposit-taking institution — AML/CTF reporting entity)
- Maintain a written AML/CTF program (Authorised deposit-taking institution — AML/CTF reporting entity)
- Customer due diligence (KYC) on every customer (Authorised deposit-taking institution — AML/CTF reporting entity)
- Suspicious matter, threshold, and IFTI reporting to AUSTRAC (Authorised deposit-taking institution — AML/CTF reporting entity)
- Notifiable Data Breach (NDB) scheme (AML/CTF reporting entity — covered by the Privacy Act for AML/CTF activities (s 6E(1A)))
- Pay superannuation on every payday (Payday Super) (You have employees (1–5))
- Pay employees in accordance with the applicable modern award (You have employees (1–5))
- Manage psychosocial hazards at work (You have employees (1–5))
Check whether these apply
- Mortgage broker best interests duty: only if you are a mortgage broker
- Small Amount Credit Contract + Consumer Lease caps (post-SACC reforms): only if you provide small amount credit contracts or consumer leases
- 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
- Pre-2025 ban on unsolicited credit limit increase invitations: only if you issue credit cards
- Track eligibility for the electric car FBT exemption: only if you provide electric vehicles to employees
- Comply with AANA Code of Ethics + community guidelines: only if you advertise to consumers or engage influencers
Thresholds to watch
- Lose the Privacy Act small-business exemption at $3M annual turnover (removal of the exemption altogether is proposed, not yet law) (threshold $3M; approaching)
Questions
- How many compliance obligations apply to banks and ADIs in New South Wales run as a sole trader with 1–5 employees?
- 67 obligations apply (31 critical) across 26 regulators, plus 11 to check. Risk rating: high. Licensed or supervised regime: AML/CTF reporting entity, credit provider, APRA-regulated. These carry licence conditions, regulator audit and per-contravention civil penalties.
- Which New South Wales laws apply?
- PCBU primary duty of care (NSW WHS Act s 19), Notify SafeWork NSW of notifiable WHS incidents, Pay long service leave under the LSL Act 1955 (NSW) and Comply with Workplace Surveillance Act 2005 (NSW)
Related
- Banks & ADIs compliance in New South Wales
- Banks & ADIs: all obligations
- Compliance obligations by industry, state and size
- Banks & ADIs in NSW: sole trader
- Banks & ADIs in NSW: partnership
- Banks & ADIs in NSW: trading trust
- Banks & ADIs in NSW: no employees
- Banks & ADIs in NSW: 1–5 employees
- Banks & ADIs in NSW: 20–99 employees
- Banks & ADIs in NSW: 100–499 employees
- Banks & ADIs in NSW: 100–499 employees, turnover $100M–$1B
- Banks & ADIs in NSW: 500+ employees, turnover $1B+
- Banks & ADIs in Victoria: sole trader with employees
- Banks & ADIs in Queensland: sole trader with employees
- Banks & ADIs in Western Australia: sole trader with employees
- Banks & ADIs in South Australia: sole trader with employees
- Banks & ADIs in Tasmania: sole trader with employees
- Banks & ADIs in Northern Territory: sole trader with employees
- Banks & ADIs in Australian Capital Territory: sole trader with employees
- Enrol with AUSTRAC as a reporting entity: does it apply to banks & adis?
- Maintain a written AML/CTF program: does it apply to banks & adis?
- Customer due diligence (KYC) on every customer: does it apply to banks & adis?
- Suspicious matter, threshold, and IFTI reporting to AUSTRAC: does it apply to banks & adis?
Sources
- Revenue NSW: payroll tax thresholds and rates
- PCBU primary duty of care (NSW WHS Act s 19)
- Notify SafeWork NSW of notifiable WHS incidents
- Pay long service leave under the LSL Act 1955 (NSW)
- Comply with Workplace Surveillance Act 2005 (NSW)
- Enrol with AUSTRAC as a reporting entity
- Customer due diligence (KYC) on every customer
- Suspicious matter, threshold, and IFTI reporting to AUSTRAC
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.