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Who must comply with Beneficial ownership transparency (Tranche 3 — under consultation)?

The applicability test for Beneficial ownership transparency (Tranche 3 — under consultation) (ASIC and ABRS), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Some businesses

Applies when the business has an unlisted company.

What the obligation is

Proposed beneficial ownership register for unlisted companies and trusts — consultation through 2024-2025; commencement TBD.

Treasury consultation on a public beneficial ownership register for unlisted Australian companies. Expected to require disclosure of natural persons with ≥25% ownership/control. Aligns with FATF Recommendation 24 + Tranche 3 AML reforms. Commencement and final scope still being settled.

The applicability test

Applies when the business has an unlisted company.

How the regulator frames it: Unlisted Australian companies (proposed); trusts in scope TBD.

What triggers it: Being a captured entity once legislation passes.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (35 of 35: depends on size or structure).

The answer is the same in every industry: depends on size or structure. Industry does not change who must comply.

Business structure and size

StructureAnswer across all industries, any sizeEngine's reason (real estate agents, 6–19 employees)
Sole traderNoRequires an unlisted company
PartnershipNoRequires an unlisted company
TrustNoRequires an unlisted company
Pty Ltd companyYesUnlisted company
Public companyYesUnlisted company
Not-for-profit (unregistered)NoRequires an unlisted company
Registered charityNoRequires an unlisted company
Super fundNoRequires an unlisted company
Foreign companyNoRequires an unlisted company

Size does not change the answer across all industries: at every size band the answer is "depends on size or structure".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. Unlisted company.
  • Sole trader in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires an unlisted company.

What you must do, and when

When due
TBD — likely 2027-2028 commencement.
Frequency
Ongoing
Evidence to keep
BO register; lodgement with ASIC/ABRS once required.
Status
Upcoming (not yet in force)
Priority
Medium

Penalty for not complying

Maximum penalty: TBD — likely civil and criminal penalties for non-disclosure or false statements.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

What usually applies alongside it

Where it sits in the corpus

Rules Mate tracks 2 published obligations tagged "beneficial ownership", 1 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 1 of those apply outright. This obligation is rated medium priority, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Australian Securities and Investments Commission and Australian Business Registry Services.

ASIC: Corporate regulator administering the Corporations Act, financial services and credit licensing (AFSL/ACL), markets supervision, insolvency, and registries (ASIC and ABRS).

ABRS: Operated by the ATO. Issues Director Identification Numbers and administers the consolidated business registers (ABN, ASIC).

Corporations Act: The foundational federal Act for Australian corporate law.

Free tools that help with this obligation:

Questions

Who must comply with Beneficial ownership transparency (Tranche 3 — under consultation)?
Applies when the business has an unlisted company.
Does Beneficial ownership transparency (Tranche 3 — under consultation) apply to sole traders?
No. Across every industry and every size band, the engine's answer for a sole trader is: no.
Does Beneficial ownership transparency (Tranche 3 — under consultation) apply to businesses with 1–5 employees?
Depends on size or structure (1–5 employees, turnover $100K–$1M).
When is "Beneficial ownership transparency (Tranche 3 — under consultation)" due?
TBD — likely 2027-2028 commencement.

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.