Credit licensees & mortgage brokers compliance obligations in New South Wales: sole trader
Computed by the Rules Mate applicability engine for a sole trader with no employees, turnover $100K–$1M, in credit licensees & mortgage brokers, operating in New South Wales and selling to consumers and small businesses.
Short answer: 18 obligations
18 obligations apply (7 critical) across 11 regulators, plus 8 to check. Risk rating: high. Licensed or supervised regime: credit provider. These carry licence conditions, regulator audit and per-contravention civil penalties.
Sole trader or company: what changes
Compared with the same business run through a Pty Ltd company with no employees in New South Wales, 0 obligations apply that did not, and 10 drop away.
- No longer applies: Apply for a Director Identification Number (Director ID)
- No longer applies: Comply with directors' general law and statutory duties
- No longer applies: Prevent insolvent trading (s 588G)
- No longer applies: Pay company PAYG/GST/SG or face Director Penalty Notice (DPN)
- No longer applies: Lodge the ASIC annual company statement and review fee
- No longer applies: Determine large proprietary company status annually
- No longer applies: Apply for a Tax File Number for new entities and partnerships
- No longer applies: Pay ASIC fees + lodge prescribed forms
What switches on when you take on staff
Moving to a sole trader with 1–5 employees, turnover $100K–$1M adds 21 obligations:
- Pay superannuation on every payday (Payday Super)
- Pay employees in accordance with the applicable modern award
- Manage psychosocial hazards at work
- Take reasonable and proportionate measures to prevent sex discrimination, sexual
- Withhold PAYG from employee and contractor payments
- Provide 10 days paid family + domestic violence leave (FDV)
- Document VEVO checks + retain employer records (s 245AYL Migration Act)
- Casual employment definition + conversion (Closing Loopholes 2024)
- Report under Single Touch Payroll Phase 2
- Honour employees' right to disconnect (s 333M)
New South Wales law that applies
2 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 |
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 |
|---|---|
| Credit | 4 |
| Tax | 4 |
| Privacy | 3 |
| Whs | 2 |
| Consumer law | 2 |
| Security interests | 1 |
| Marketing | 1 |
| Records | 1 |
Critical obligations on this profile
- Comply with NCCP responsible lending obligations (Credit licensee industry)
- Australian Business Number (ABN) application (Every business carrying on an enterprise needs an ABN)
- Lodge Business Activity Statements at assigned frequency (Turnover above the $75K GST registration threshold)
- Register security interests on the PPSR (Credit licensee industry)
- Consumer Credit Hardship Notice (NCC ss 72-73) (Credit licensee industry)
Check whether these apply
- Mortgage broker best interests duty: only if you are a mortgage broker
- Comply with Design and Distribution Obligations (DDO): only if you issue or distribute retail financial or credit products
- Small Amount Credit Contract + Consumer Lease caps (post-SACC reforms): only if you provide small amount credit contracts or consumer leases
- Design and Distribution Obligations (DDO) — RG 274: only if you issue or distribute retail financial or credit products
- 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
- 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 credit licensees and mortgage brokers in New South Wales run as a sole trader with no employees?
- 18 obligations apply (7 critical) across 11 regulators, plus 8 to check. Risk rating: high. Licensed or supervised regime: credit provider. 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) and Notify SafeWork NSW of notifiable WHS incidents.
Related
- Credit licensees & mortgage brokers compliance in New South Wales
- Credit licensees & mortgage brokers: all obligations
- Compliance obligations by industry, state and size
- Credit licensees & mortgage brokers in NSW: sole trader with employees
- Credit licensees & mortgage brokers in NSW: partnership
- Credit licensees & mortgage brokers in NSW: trading trust
- Credit licensees & mortgage brokers in NSW: no employees
- Credit licensees & mortgage brokers in NSW: 1–5 employees
- Credit licensees & mortgage brokers in NSW: 20–99 employees
- Credit licensees & mortgage brokers in NSW: 100–499 employees
- Credit licensees & mortgage brokers in NSW: 20–99 employees, turnover $1M–$3M
- Credit licensees & mortgage brokers in NSW: 6–19 employees, turnover $3M–$10M
- Credit licensees & mortgage brokers in NSW: 100–499 employees, turnover $100M–$1B
- Credit licensees & mortgage brokers in NSW: 500+ employees, turnover $1B+
- Credit licensees & mortgage brokers in Victoria: sole trader
- Credit licensees & mortgage brokers in Queensland: sole trader
- Credit licensees & mortgage brokers in Western Australia: sole trader
- Credit licensees & mortgage brokers in South Australia: sole trader
- Credit licensees & mortgage brokers in Tasmania: sole trader
- Credit licensees & mortgage brokers in Northern Territory: sole trader
- Credit licensees & mortgage brokers in Australian Capital Territory: sole trader
- Comply with NCCP responsible lending obligations: does it apply to credit licensees & mortgage brokers?
- Mortgage broker best interests duty: does it apply to credit licensees & mortgage brokers?
- Comply with Design and Distribution Obligations (DDO): does it apply to credit licensees & mortgage brokers?
- Register security interests on the PPSR: does it apply to credit licensees & mortgage brokers?
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
- Comply with NCCP responsible lending obligations
- Australian Business Number (ABN) application
- Lodge Business Activity Statements at assigned frequency
- Register security interests on the PPSR
- Consumer Credit Hardship Notice (NCC ss 72-73)
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.