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Compliance playbook for hospitality and restaurant operators

Liquor licensing by state + RSA training, Food Standards Code + state Food Acts (registration + Food Safety Supervisor), gambling licensing for poker machines, employment under the Hospitality Industry (General) Award MA000009 (penalty rates, casual loading, public holidays), WHS Act primary duty + incident notification, GST + BAS + STP Phase 2, state payroll tax thresholds, unfair dismissal small-business qualifying period, tobacco + vaping licensing by state, allergen labelling, country-of-origin labelling, building compliance and fire safety — every obligation on a pub, restaurant, café, or function venue.

20 obligations3 deadlines23 cross-linked articles

Key deadlines — next 12 months

  • 1 July 2026Annual Wage Review effective + Payday Super starts
  • Annual (state cycle)Fire Safety Statement / Essential Safety Measures
  • AnnualLiquor licence renewal + fee
  • QuarterlyBAS lodgement (or monthly >$20M turnover)
  • 14 July annuallySTP Phase 2 finalisation declaration
  • Per workerRSA + Food Safety Supervisor refresh

Does this apply to me?

Answer yes to any of the below and the obligations in this playbook are likely relevant.

  • 1Do you sell or supply liquor (state liquor licence required — NSW Liquor Act 2007 / VIC Liquor Control Reform Act 1998 / QLD Liquor Act 1992 / WA Liquor Control Act 1988 / SA Liquor Licensing Act 1997 / TAS / NT / ACT)?
  • 2Do you sell or serve food prepared on premises (registration under the state Food Act + Food Standards Code Standard 3.2.2A Food Safety Supervisor)?
  • 3Do you operate poker machines, table games, or other gambling products (state Gambling/Gaming Act + harm-minimisation rules)?
  • 4Do you employ staff under the Hospitality Industry (General) Award 2020 (MA000009) or the Restaurant Industry Award (MA000119)?
  • 5Do you sell tobacco or vaping products (state tobacco licensing + commercial-quantity prohibition on nicotine vapes since 1 March 2024)?
  • 6Is your annual revenue above the relevant state payroll tax threshold (NSW $1.2M; VIC $0.9M; QLD $1.3M; WA $1M; SA $1.5M)?

Plain English summary

Hospitality is among the most heavily-regulated SMB sectors in Australia. Three regulatory tiers stack: state-level liquor + gambling + food + tobacco licensing; federal employment + tax law; and the Australian Consumer Law (price display, allergen labelling, country-of-origin). A single inner-city restaurant typically holds 4-6 separate state-issued licences and is bound by 12-15 federal compliance regimes.

Liquor licensing is the most operationally consequential. Every state requires RSA training (Responsible Service of Alcohol) for every staff member who serves alcohol, and a nominated Approved Manager / Licensee Nominee on the premises. Trading hours, lockouts, condition-of-licence rules, and patron-cap requirements differ by state and licence class. NSW and VIC issue mandatory RSA training certificates that must be carried at all times.

Food safety is governed by Standard 3.2.2A of the Food Standards Code (effective 8 December 2023) — every food business that handles unpackaged ready-to-eat food must have a Food Safety Supervisor (FSS) certified through an accredited Registered Training Organisation. State Food Acts (NSW Food Act 2003, Vic Food Act 1984, Qld Food Act 2006, etc) impose registration + inspection regimes with material penalties for non-compliance.

This playbook lists every obligation a hospitality operator faces today, the section of the Act it sits under, who is accountable, the cadence, the maximum penalty, and a regulator-direct source. Cross-link to the compliance calendar and the penalty estimator.

Obligation checklist

Every obligation cites the Act and section. Source URLs link to the regulator's portal — Rules Mate does not republish statutory text.

  1. 1

    State Liquor Acts — Liquor Act 2007 (NSW) / Liquor Control Reform Act 1998 (Vic) / Liquor Act 1992 (Qld) / Liquor Control Act 1988 (WA) / Liquor Licensing Act 1997 (SA) / TAS / NT / ACT

    Hold the appropriate state liquor licence (on-premises, general, packaged, producer, limited) for the activity. Comply with conditions of licence: trading hours, designated areas, patron limits, sign requirements, harm-minimisation conditions.

    Who's responsible
    Licensee + Approved Manager
    Frequency
    Continuous; annual renewal + fee
    Penalty
    Licence cancellation; criminal offence for trading without licence (typically up to ~$110,000 + 12 months imprisonment per state).
  2. 2

    State RSA Determinations — Responsible Service of Alcohol

    Every employee involved in the sale, supply or service of liquor must hold an RSA certificate from an accredited Registered Training Organisation. NSW + Vic require the RSA Competency Card to be carried at all times. Renewal cycles vary by state (NSW: 5 years; Vic: 3 years).

    Who's responsible
    Licensee + HR
    Frequency
    Per worker; renewal per state cycle
    Penalty
    Civil penalty per state Liquor Act; licence consequences; potential cancellation of the Approved Manager status.
  3. 3

    Food Standards Code (FSANZ), Standard 3.2.2A — Food Safety Supervisor

    Every food business that handles unpackaged ready-to-eat potentially-hazardous food (most restaurants, cafés, pubs, function venues) must appoint a certified Food Safety Supervisor with the FSS Skill Set qualification from an accredited RTO. Effective from 8 December 2023.

    Who's responsible
    Operator / Owner
    Frequency
    Continuous; FSS qualification refreshed every 5 years
    Penalty
    Civil penalty under state Food Act (typically ~$50,000-$100,000 per offence); business closure orders.
  4. 4

    State Food Acts — Food Act 2003 (NSW) / Food Act 1984 (Vic) / Food Act 2006 (Qld) / Food Act 2008 (WA) / Food Act 2001 (SA)

    Notify and register the food business with the local council (or state regulator). Comply with Food Standards Code Chapter 3 (food safety practices and general requirements). Allow routine inspection; rectify non-compliance within direction timeframes.

    Who's responsible
    Operator / Owner
    Frequency
    Continuous; council inspection cycle (typically annual or risk-based)
    Penalty
    Civil penalty per state Food Act; prohibition orders; criminal offences for serious breaches.
  5. 5

    Food Standards Code, Standard 1.2.3 + Information Standard 2017 — allergen labelling

    Declare all 10 nominated allergens (gluten, crustacea, egg, fish, milk, peanut, sesame, soy, tree nuts, lupin) on packaged products. From 8 February 2024 (Plain English Allergen Labelling rules): bold, plain-English declarations required. For unpackaged food, allergen information available on request or on menu.

    Who's responsible
    Head Chef + Kitchen Manager
    Frequency
    Continuous; menu update
    Penalty
    Civil penalty under state Food Act; recall costs; potential personal injury liability.
  6. 6

    Australian Consumer Law (Sch 2, Competition and Consumer Act 2010) + Country of Origin Food Labelling Information Standard 2016

    Display mandatory country-of-origin labels on imported and Australian-produced food (packaged). For restaurants serving prepared meals, country-of-origin claims on menus must not be misleading (s 18 ACL).

    Who's responsible
    Operator / Head Chef
    Frequency
    Continuous
    Penalty
    Up to $50M / 3× benefit / 30% turnover (corporate) for ACL breaches; ACCC enforcement.
  7. 7

    State Gaming Acts — Gaming Machines Act 2001 (NSW) / Gambling Regulation Act 2003 (Vic) / Gaming Machine Act 1991 (Qld) / Gaming and Wagering Commission Act 1987 (WA)

    If operating poker machines or gaming products: hold the relevant Gaming Machine Entitlement / authorisation; comply with harm-minimisation rules (mandatory self-exclusion, payout cap, signage, RSG-trained staff); pay state gaming taxes.

    Who's responsible
    Licensee + Gaming Manager
    Frequency
    Continuous; annual licence renewal + monthly tax returns
    Penalty
    State criminal offences for unauthorised gaming machines; licence cancellation; civil penalty under state Gaming Act.
  8. 8

    Work Health and Safety Act 2011 (model) — primary duty of care

    As a PCBU, ensure (so far as reasonably practicable) the health and safety of workers and patrons — slip/trip control, manual handling, kitchen burns and cuts, workplace violence, occupational noise, fatigue. Notify the WHS regulator of notifiable incidents.

    Who's responsible
    Operator / Owner + WHS Officer
    Frequency
    Continuous; notifiable incidents event-driven
    Penalty
    Category 1: up to ~$3.85M (corporate) + 5 years imprisonment for individuals; industrial-manslaughter exposure in most states.
  9. 9

    Fair Work Act 2009 (Cth) + Hospitality Industry (General) Award 2020 (MA000009) / Restaurant Industry Award 2020 (MA000119)

    Pay award rates including casual loading (25%), penalty rates (Saturdays, Sundays, public holidays), overtime, allowances (split shift, meal allowance, broken shift). Right to disconnect from 26 August 2024 (small business: 26 August 2025).

    Who's responsible
    HR + Payroll
    Frequency
    Per pay event
    Penalty
    Civil penalties; Fair Work Ombudsman enforcement; underpayment criminalised under Closing Loopholes from 1 January 2025.
  10. 10

    Fair Work Act 2009 (Cth), Part 3-2 — unfair dismissal + small business

    Comply with unfair dismissal jurisdiction: 6-month qualifying period (12 months for small business — fewer than 15 employees). Follow the Small Business Fair Dismissal Code if a small business. Document warnings, performance management, redundancy.

    Who's responsible
    HR + Operations Manager
    Frequency
    Per termination
    Penalty
    Up to 26 weeks compensation under FWA Pt 3-2; reinstatement orders.
  11. 11

    A New Tax System (Goods and Services Tax) Act 1999 (Cth) + Taxation Administration Act 1953 — GST + BAS

    Register for GST when annual turnover is or will be $75,000+ (most hospitality businesses). Lodge BAS quarterly (or monthly for >$20M turnover); apply GST-free rules to basic food sold (not restaurant meals). Maintain tax invoices.

    Who's responsible
    Finance / Bookkeeper
    Frequency
    Quarterly (or monthly)
    Penalty
    Failure-to-lodge penalty + General Interest Charge; ATO audit review.
  12. 12

    Taxation Administration Act 1953, Sch 1, Pt 2-5 — Single Touch Payroll Phase 2

    Report payroll information per pay event in STP Phase 2 format (income type, tax treatment code, country code). Year-end finalisation declaration by 14 July.

    Who's responsible
    Payroll + Finance
    Frequency
    Per pay event + annual
    Penalty
    Penalty unit-based; non-finalisation flagged in employee tax returns.
  13. 13

    Superannuation Guarantee (Administration) Act 1992 (Cth) — Payday Super from 1 July 2026

    Pay Super Guarantee on Ordinary Time Earnings at 12% from 1 July 2025. From 1 July 2026: 'Payday Super' — SG payable on each pay event, not quarterly. Hospitality casual workforces drive frequent pay events.

    Who's responsible
    Owner / Payroll
    Frequency
    Per pay event from 1 July 2026
    Penalty
    Super Guarantee Charge — shortfall + interest + administration component; not tax-deductible.
  14. 14

    State Payroll Tax Acts (NSW PTA 2007 / VIC PTA 2007 / QLD PTA 1971 / WA PTA Assessment Act 2002 / SA PTA 2009)

    Register and lodge state payroll tax where total Australian wages exceed the relevant threshold (NSW $1.2M; VIC $0.9M; QLD $1.3M; WA $1M; SA $1.5M). Monthly returns + annual reconciliation.

    Who's responsible
    Finance
    Frequency
    Monthly + annual reconciliation
    Penalty
    Interest + penalty tax (state Revenue Office enforcement).
  15. 15

    State Tobacco Acts — Public Health (Tobacco) Act 2008 (NSW) / Tobacco Act 1987 (Vic) / Tobacco and Other Smoking Products Act 1998 (Qld)

    Hold the state tobacco-retailer licence/notification (NSW: notification + display ban; Vic: licence from 1 October 2024 (Vapes and Tobacco Sales Reform); Qld: licence). Comply with display ban, no-sale-to-minors, signage. From 1 March 2024: commercial sale of non-pharmacist disposable vapes prohibited federally.

    Who's responsible
    Operator / Owner
    Frequency
    Continuous; state licence renewal cycle
    Penalty
    State criminal offences + fines per pack/unit; commercial sale of unauthorised vapes is a Commonwealth offence.
  16. 16

    Building Code of Australia (NCC) + state Building Acts — fire safety

    Annual Fire Safety Statement (NSW) / Essential Safety Measures (Vic) / Form 76 (Qld) / equivalent state-level certification of fire-safety measures (sprinklers, hydrants, exits, emergency lighting, smoke detectors). Submit to council or local authority.

    Who's responsible
    Operator + Building Manager
    Frequency
    Annual
    Penalty
    State Building Act civil penalties; potential building closure; reputational; insurance consequences.
  17. 17

    Disability Discrimination Act 1992 (Cth) + Premises Standards 2010

    Provide accessible access for patrons with disability — ramps, accessible toilets, accessible service. The Disability (Access to Premises — Buildings) Standards 2010 applies to building works.

    Who's responsible
    Operator / Owner
    Frequency
    Continuous; on renovation / fit-out
    Penalty
    AHRC complaint + civil penalty under DDA; reputational.
  18. 18

    Privacy Act 1988 (Cth) — for >$3M turnover or specified business activities

    Above $3M turnover, or where you handle health information (allergen records can trigger), maintain a Privacy Policy + collection notice. From 10 December 2026: APP 1 disclose any automated decision-making + Children's Online Privacy Code applies if your booking system targets children.

    Who's responsible
    Operator / Owner
    Frequency
    Continuous
    Penalty
    Up to $50M / 3× benefit / 30% turnover for serious or repeated interferences.
  19. 19

    Spam Act 2003 (Cth) + Do Not Call Register Act 2006 (Cth)

    Do not send commercial electronic messages (booking-confirmation upsell SMS, marketing email) without consent. Do not make unsolicited telemarketing calls to numbers on the DNC Register; wash lists every 30 days.

    Who's responsible
    Marketing + Front of House
    Frequency
    Per campaign
    Penalty
    Up to $2.355M for serious breaches (ACMA enforcement).
  20. 20

    Australian Consumer Law (Sch 2) — multiple pricing / price display / unsolicited consumer agreements

    Display the lowest price as the sales price (multiple pricing rule). Honour displayed prices unless obviously wrong. Where booking platforms create unsolicited consumer agreements (rare in hospitality), comply with Pt 3-2 Div 2.

    Who's responsible
    Operator / Owner + Front of House
    Frequency
    Continuous
    Penalty
    Up to $50M / 3× benefit / 30% turnover for serious breaches.

Deadlines

Pulled from the Rules Mate compliance calendar. Click through for the full deadline page.

Forms and regulator portals

Direct links to the lodgement forms and regulator portals. Rules Mate does not host copies — we link to the official source.

  • NSW Liquor & Gaming — liquor licence portal

    Apply for or vary a NSW liquor licence; manage Approved Manager appointments.

    Open portal →
  • Victorian Commission for Gambling and Liquor Regulation

    Apply for or vary a Victorian liquor or gambling licence.

    Open portal →
  • Queensland Office of Liquor and Gaming Regulation

    Apply for or vary a Queensland liquor or gaming licence.

    Open portal →
  • NSW Food Authority — registration portal

    Register a NSW food business; access food safety guidance.

    Open portal →
  • ATO — Business Activity Statement portal

    Lodge BAS, manage GST, PAYG, fuel tax credits.

    Open portal →
  • Fair Work Ombudsman — Pay and Conditions Tool

    Calculate hospitality award rates by classification, day, and time.

    Open portal →

Free tools that help

Interactive Rules Mate tools matched to this persona.

What changes 2025–2026

8 December 2023 → ongoing — FSS rule expansion (Standard 3.2.2A)

Standard 3.2.2A of the Food Standards Code now applies — every food business handling unpackaged ready-to-eat hazardous food needs a certified Food Safety Supervisor. Transitional period varied by state; full compliance now expected.

8 February 2024 — Plain English Allergen Labelling

PEAL labelling rules in Standard 1.2.3 became mandatory. Bold, plain-English allergen declarations on packaged products.

1 March 2024 — Vape commercial-sale ban

Disposable single-use vapes can only be supplied by pharmacists under prescription. State tobacco retailers cannot sell vapes outside the pharmacist pathway.

1 October 2024 — Victoria Vapes and Tobacco Sales Reform

Victoria introduced a tobacco-retailer licence regime with mandatory ID checks and reduced display.

1 July 2025 — Aged Care Act 2024 commenced

Hospitality services delivered to aged-care residents in residential settings face additional regulator overlay. Limited application but emerging.

1 July 2026 — Payday Super + ASRS Group 2

Payday Super shifts SG to per-pay-event. ASRS Group 2 captures larger hospitality groups (>$200M revenue).

10 December 2026 — Privacy Act ADM transparency + Children's Online Privacy Code

Booking and reservation systems making automated decisions must disclose in the APP 1 Privacy Policy. Children's Code applies if your platform targets under-16s.

1 July 2026 — Annual Wage Review takes effect

National Minimum Wage + modern award minimum rates updated 1 July each year — apply via STP from first pay period on or after.

In-depth reading

23 Rules Mate articles tagged to this playbook.

Frequently asked

Do we need a separate licence for outdoor dining?

Yes, in most states. Liquor licences are typically tied to specific designated areas in the licensed premises plan. Adding kerbside or rooftop dining requires a licence variation. Trading hours, patron caps, and harm-minimisation conditions may also change with outdoor extensions.

Is the Hospitality Award (MA000009) or the Restaurant Award (MA000119) the right award?

Hospitality (MA000009) covers pubs, clubs, function venues, hotels, motels, accommodation services. Restaurants (MA000119) covers restaurants, cafés, bistros, fast food (with some Fast Food Industry Award MA000003 overlap). The distinction drives penalty rates, casual loading, and shift allowances. Coverage is based on the primary activity at the workplace.

Small business unfair dismissal — when does the 12-month qualifying period apply?

Fewer than 15 employees (counted by head count, including casuals on a systematic and regular basis). The 12-month qualifying period gives a longer probation runway, and following the Small Business Fair Dismissal Code is generally a defence against unfair dismissal.

Do RSA certificates issued in one state work in another?

Limited mutual recognition. Each state's Liquor Act recognises certain interstate RSA qualifications, but operational rules (Approved Manager, Competency Card carriage) differ. The conservative approach: complete the local-state RSA on relocation.

Can patrons BYO without a separate licence?

Varies by state. Most states have specific BYO licence categories (or BYO permissions on certain on-premises licences). NSW + Vic permit BYO with conditions; some QLD on-premises licences include BYO. Verify the conditions on your specific licence — operating BYO outside the licence terms is a criminal offence.

Allergen claims — what's the menu disclosure rule?

Standard 1.2.3 + the PEAL rules require allergen disclosure on packaged food. For unpackaged food (restaurant meals), the Food Standards Code requires allergen information be available on request — and the menu must not include misleading allergen claims (s 18 ACL). Most operators are moving to explicit menu allergen icons.

Do we need to comply with the Privacy Act if we only collect booking names + phone numbers?

If your turnover is below $3M and you don't fall into the carve-in categories (health information, contracted to a Government agency, related body corporate of APP entity, sells personal information), the small business exemption applies. Above $3M, the Privacy Act applies. Many hospitality groups remain below the threshold but choose to comply for reputational reasons — and from late 2026, several Privacy Act tranches may close the SBE.

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Last verified: 9 June 2026

Rules Mate provides citation-first reference material, not legal advice. Always consult a qualified professional for specific obligations.