Real estate agents compliance in New South Wales
Federal + NSW-specific compliance obligations for real estate agents businesses operating in New South Wales.
7
Total obligations
0
NSW-specific
20
NSW regulators
Federal obligations also applicable
Hold a current real estate agent licence (state-specific)
Selling agents must hold a current licence issued by their state fair trading regulator.
Trust account audit + ASIC / state regulator submission
Holders of client trust accounts (real estate, legal, conveyancing) must lodge annual audited accounts.
Maintain a written AML/CTF program
Every reporting entity needs a documented AML/CTF program — Part A risk + Part B systems.
Enrol with AUSTRAC as a reporting entity
Tranche 2 entities must enrol with AUSTRAC by 29 July 2026.
Wash outbound marketing lists against the Do Not Call Register
Lists must be washed within 30 days of the call/SMS unless valid consent.
Avoid unfair contract terms in standard form consumer & small business contracts
From November 2023, unfair contract terms carry pecuniary penalties — up to $100M per term (from 28 March 2026).
Comply with the Spam Act 2003 (consent, identify, unsubscribe)
All commercial electronic messages must have consent, identify the sender, and offer a working unsubscribe.
Need the federal-only picture?
See national real estate agents compliance for the full federal picture.