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Rules Mate

Does Trust account audit + ASIC / state regulator submission apply to real estate agents?

A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.

Short answer: Only if

Only if you hold money in a statutory trust account. Being in this industry makes the obligation worth checking (Industry: Real estate agents), but the trigger is a fact the industry alone does not settle.

The obligation in brief

Trust account audit + ASIC / state regulator submission. Trust account audits are a state-law obligation: each state sets its own audit period, auditor rules and lodgement process for agents who hold money on trust for clients. Victoria is the worked example here.

Trigger: A trust account holding or managing trust money at any time during the audit period. A Victorian account that held no trust money all year needs no audit, but the agent must confirm that in myCAV. Ceasing to operate triggers a final audit.

Why real estate agents get a different answer

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 32 of those industries the answer for "Trust account audit + ASIC / state regulator submission" is no. Real estate agents is one of the 3 where the answer is different: only if.

The deciding fact for real estate agents: Industry: Real estate agents; applies only if you hold money in a statutory trust account.

About the industry: Selling agents, buyer's agents, and property developers involved in real estate transactions. From 1 July 2026 captured by AML/CTF Tranche 2 reforms.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires client trust money and industry: Real estate agents / Lawyers & solicitors / Conveyancers).

Answer by business structure and size

Each cell is the engine's outcome for a business in real estate agents with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

"Trust account audit + ASIC / state regulator submission": outcome for real estate agents by structure and size
StructureNo employees1–5 employees6–19 employees20–99 employees100–499 employees500+ employees
Sole traderCheckCheckCheckCheckCheckCheck
PartnershipCheckCheckCheckCheckCheckCheck
TrustCheckCheckCheckCheckCheckCheck
Pty Ltd companyCheckCheckCheckCheckCheckCheck
Public companyCheckCheckCheckCheckCheckCheck
Not-for-profit (unregistered)CheckCheckCheckCheckCheckCheck
Registered charityCheckCheckCheckCheckCheckCheck
Super fundCheckCheckCheckCheckCheckCheck
Foreign companyCheckCheckCheckCheckCheckCheck

What the obligation requires

When due
Victoria: audit of the 1 July-30 June period completed within 3 months after 30 June (a varied audit date can be approved, no more than 12 months after the previous report); audit report lodged within 10 business days of receipt. On closure, notify CAV within 28 days and have the trust accounts audited within three months.
Evidence to keep
Trust account records kept to allow a proper and convenient audit; a certified statement of trust money held on the last day of the audit period; the signed auditor's report on the approved form, retained for seven years and producible on demand; myCAV lodgement confirmation; nil-activity confirmation where no trust money was held.
Maximum penalty
In Victoria, failing to lodge the audit report within 10 business days is an offence with a penalty of up to 120 penalty units, and the Business Licensing Authority may suspend the agent's licence for failing to have trust accounts audited or to lodge the report
Regulator
NSW Fair Trading and Consumer Affairs Vic
Jurisdiction
Commonwealth (national)

Other obligations where real estate agents differ from the norm

Questions

Does Trust account audit + ASIC / state regulator submission apply to real estate agents?
Only if you hold money in a statutory trust account. Being in this industry makes the obligation worth checking (Industry: Real estate agents), but the trigger is a fact the industry alone does not settle.
Is the answer the same for every industry?
No. For 32 of the 35 industries Rules Mate maps, the answer is no. Real estate agents is one of 3 industries with a different answer.

Related

Sources

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.