Real estate agents compliance obligations in Victoria: trading trust
Computed by the Rules Mate applicability engine for a trading trust with 6–19 employees, turnover $1M–$3M, in real estate agents, operating in Victoria and selling to consumers and small businesses.
Short answer: 52 obligations
52 obligations apply (22 critical) across 27 regulators, plus 13 to check. Risk rating: high. Licensed or supervised regime: AML/CTF reporting entity. These carry licence conditions, regulator audit and per-contravention civil penalties.
Trading trust or company: what changes
Compared with the same business run through a Pty Ltd company (6–19 employees) in Victoria, 1 obligation applies 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
Victoria law that applies
5 Victoria obligations apply on these facts, and 2 more are worth checking:
| Obligation | Why it applies |
|---|---|
| Notify VIC WorkSafe of notifiable WHS incidents | Every PCBU must notify the regulator of notifiable incidents (death, serious injury, dangerous incident) · VIC law |
| PCBU primary duty of care (Victoria OHS Act s 21) | Every business is a PCBU — the primary duty of care applies whether or not you employ anyone · VIC law |
| Comply with the General Environmental Duty (VIC) | The Victorian general environmental duty applies to every business activity that could cause harm from pollution or waste · VIC law |
| Pay long service leave under the LSL Act 2018 (Vic) | You have employees (6–19) · VIC law |
| Underquoting prohibition (Vic Estate Agents Act 1980) | Industry: Real estate agents · VIC law |
| Pay Victorian payroll tax when threshold met | Check: applies only if your annual Australian wages (grouped) exceed $1M |
| Comply with Residential Tenancies Act 1997 (VIC) | Check: applies only if you manage residential rental properties |
Payroll tax in Victoria (FY2026-27)
VIC: 4.85% on Australian wages above the $1 million tax-free threshold (FY2026-27). On these facts it may apply: 6–19 employees in VIC — enter annual payroll to confirm; it applies only if your annual Australian wages (grouped) exceed $1M.
- How the threshold works
- Full threshold below $3M of Australian wages; between $3M and $5M it phases out at 50% of wages over $3M; no threshold above $5M.
- Surcharges
- Above $10M Australian wages: mental health and wellbeing surcharge 0.5% + COVID-19 debt surcharge 0.5%; above $100M a further 0.5% each (2% total).
- Regional concession
- 1.2125% regional employer rate
- Returns
- Monthly by the 7th of the following month; annual reconciliation by 21 July
- Administered by
- SRO Vic
Victoria regulators
Where the obligations sit
| Area | Obligations |
|---|---|
| Aml ctf | 8 |
| Privacy | 8 |
| Tax | 7 |
| Workplace | 7 |
| Whs | 4 |
| Super | 2 |
| Real estate | 2 |
| Migration | 2 |
| Consumer law | 2 |
| Wages | 1 |
Critical 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 (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 (6–19))
- Pay employees in accordance with the applicable modern award (You have employees (6–19))
- Manage psychosocial hazards at work (You have employees (6–19))
Check whether these apply
- Trust account audit + ASIC / state regulator submission: only if you hold money in a statutory trust account
- Lodge an FBT return and pay FBT by 21 May: only if you provide fringe benefits (cars, entertainment, loans) to employees
- Pay Victorian payroll tax when threshold met: only if your annual Australian wages (grouped) exceed $1M
- 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
- Comply with Residential Tenancies Act 1997 (VIC): only if you manage residential rental properties
- Pay redundancy under NES (s 119 FW Act): only if you have 15 or more employees (FW Act s 121 small business exemption)
- Track eligibility for the electric car FBT exemption: only if you provide electric vehicles to employees
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; very close)
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
- How many compliance obligations apply to real estate agents in Victoria run through a trading trust with 6–19 employees?
- 52 obligations apply (22 critical) across 27 regulators, plus 13 to check. Risk rating: high. Licensed or supervised regime: AML/CTF reporting entity. These carry licence conditions, regulator audit and per-contravention civil penalties.
- Which Victoria laws apply?
- Notify VIC WorkSafe of notifiable WHS incidents, PCBU primary duty of care (Victoria OHS Act s 21), Comply with the General Environmental Duty (VIC), Pay long service leave under the LSL Act 2018 (Vic) and Underquoting prohibition (Vic Estate Agents Act 1980)
Related
- Real estate agents compliance in Victoria
- Real estate agents: all obligations
- Compliance obligations by industry, state and size
- Real estate agents in VIC: sole trader
- Real estate agents in VIC: sole trader with employees
- Real estate agents in VIC: partnership
- Real estate agents in VIC: no employees
- Real estate agents in VIC: 1–5 employees
- Real estate agents in VIC: 20–99 employees
- Real estate agents in VIC: 100–499 employees
- Real estate agents in VIC: 100–499 employees, turnover $100M–$1B
- Real estate agents in VIC: 500+ employees, turnover $1B+
- Real estate agents in New South Wales: trading trust
- Real estate agents in Queensland: trading trust
- Real estate agents in Western Australia: trading trust
- Real estate agents in South Australia: trading trust
- Real estate agents in Tasmania: trading trust
- Real estate agents in Northern Territory: trading trust
- Real estate agents in Australian Capital Territory: trading trust
- 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
- SRO Vic: payroll tax thresholds and rates
- Notify VIC WorkSafe of notifiable WHS incidents
- PCBU primary duty of care (Victoria OHS Act s 21)
- Comply with the General Environmental Duty (VIC)
- Pay long service leave under the LSL Act 2018 (Vic)
- Underquoting prohibition (Vic Estate Agents Act 1980)
- Enrol with AUSTRAC as a reporting entity
- Customer due diligence (KYC) on every customer
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.