Credit licensees & mortgage brokers compliance obligations in South Australia: partnership
Computed by the Rules Mate applicability engine for a partnership with 1–5 employees, turnover $100K–$1M, in credit licensees & mortgage brokers, operating in South Australia and selling to consumers and small businesses.
Short answer: 38 obligations
38 obligations apply (15 critical) across 25 regulators, plus 13 to check. Risk rating: high. Licensed or supervised regime: credit provider. These carry licence conditions, regulator audit and per-contravention civil penalties.
Partnership or company: what changes
Compared with the same business run through a Pty Ltd company (1–5 employees) in South Australia, 0 obligations apply that did not, and 9 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: Pay ASIC fees + lodge prescribed forms
- No longer applies: Discharge of directors' duties — practical evidence
South Australia law that applies
2 South Australia obligations apply on these facts:
| Obligation | Why it applies |
|---|---|
| PCBU primary duty of care (SA WHS Act s 19) | Every business is a PCBU — the primary duty of care applies whether or not you employ anyone · SA law |
| Industrial manslaughter offence (SA WHS Act s 30A) | Applies to every PCBU and its officers — a death caused by reckless or negligent breach of a WHS duty is a crime · SA law |
Payroll tax in South Australia (FY2026-27)
SA: 4.95% on Australian wages above the $1.5 million tax-free threshold (FY2026-27). On these facts the business is below the South Australia threshold, so payroll tax does not apply yet.
- How the threshold works
- Register once Australian wages exceed $1.5M; maximum deduction $600,000 a year ($50,000 a month).
- Returns
- Monthly by the 7th of the following month; annual reconciliation by 21 July
- Administered by
- RevenueSA
South Australia regulators
Where the obligations sit
| Area | Obligations |
|---|---|
| Workplace | 7 |
| Tax | 6 |
| Whs | 4 |
| Credit | 4 |
| Privacy | 3 |
| Super | 2 |
| Migration | 2 |
| Consumer law | 2 |
| Wages | 1 |
| Discrimination | 1 |
Critical obligations on this profile
- 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))
- Take reasonable and proportionate measures to prevent sex discrimination, sexual (You have employees (1–5))
- 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)
- Withhold PAYG from employee and contractor payments (You have employees (1–5))
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
- 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
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 South Australia run as a partnership with 1–5 employees?
- 38 obligations apply (15 critical) across 25 regulators, plus 13 to check. Risk rating: high. Licensed or supervised regime: credit provider. These carry licence conditions, regulator audit and per-contravention civil penalties.
- Which South Australia laws apply?
- PCBU primary duty of care (SA WHS Act s 19) and Industrial manslaughter offence (SA WHS Act s 30A)
Related
- Credit licensees & mortgage brokers compliance in South Australia
- Credit licensees & mortgage brokers: all obligations
- Compliance obligations by industry, state and size
- Credit licensees & mortgage brokers in SA: sole trader
- Credit licensees & mortgage brokers in SA: sole trader with employees
- Credit licensees & mortgage brokers in SA: trading trust
- Credit licensees & mortgage brokers in SA: no employees
- Credit licensees & mortgage brokers in SA: 1–5 employees
- Credit licensees & mortgage brokers in SA: 20–99 employees
- Credit licensees & mortgage brokers in SA: 100–499 employees
- Credit licensees & mortgage brokers in SA: 20–99 employees, turnover $1M–$3M
- Credit licensees & mortgage brokers in SA: 6–19 employees, turnover $3M–$10M
- Credit licensees & mortgage brokers in SA: 100–499 employees, turnover $100M–$1B
- Credit licensees & mortgage brokers in SA: 500+ employees, turnover $1B+
- Credit licensees & mortgage brokers in New South Wales: partnership
- Credit licensees & mortgage brokers in Victoria: partnership
- Credit licensees & mortgage brokers in Queensland: partnership
- Credit licensees & mortgage brokers in Western Australia: partnership
- Credit licensees & mortgage brokers in Tasmania: partnership
- Credit licensees & mortgage brokers in Northern Territory: partnership
- Credit licensees & mortgage brokers in Australian Capital Territory: partnership
- 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
- RevenueSA: payroll tax thresholds and rates
- PCBU primary duty of care (SA WHS Act s 19)
- Industrial manslaughter offence (SA WHS Act s 30A)
- 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 harassment and victimisation (positive duty)
- Comply with NCCP responsible lending obligations
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.