Find out which entities have to report on their payment times to small business, and how other entities can volunteer to report.
It is an entity’s responsibility to determine if they have reporting obligations under the scheme.
An entity is required to submit a payment times report (and is considered a reporting entity) if they:
- are constitutionally covered, and
- run a business in Australia, and
- earn over $100 million in total annual income or are the controlling corporation of a group that has over $100 million in combined total annual income or are the member of a group that has over $100 million in combined total annual income and has over $10 million in total annual income itself.
Organisations registered under the Australian Charities and Not-for-Profits Commission Act 2012 (ACNC Act) do not have to report, but may volunteer to do so.
Whether an entity makes payments to small business suppliers is not a criterion for identifying if they are a reporting entity. If a reporting entity is required to lodge a report under the Act but does not make payments to a small business, it must submit a report with nil values.
Once a business is a reporting entity, it continues to be a reporting entity until it ceases to be a reporting entity in accordance with the Act.
Reporting for corporate groups
Payment times reports are prepared at an entity level. A reporting entity that is part of a corporate group only reports on its own small business procurement practices. A parent entity does not aggregate, combine or incorporate payment practices of subsidiary entities in calculations for its payment times report.
However, a corporate group may use a single template for group reporting, ie a single template can be used to submit payment times reports for each reporting entity belonging to a corporate group.
Request to link reporting entities for group reporting
Registered entities cannot create corporate group structures in the portal. A reporting entity must submit a request to the Regulator to link the registered entities in the portal for group reporting.
Registered entities should use the Contact form and select the option: Request to link registered entities for group reporting.
A constitutionally covered entity that does not meet the requirements to be a reporting entity, can volunteer to be a reporting entity, by notifying the Regulator through the Payment Times Reporting Portal.
A volunteering entity continues to be reporting entity until they obtain a cease to report determination under subsection 7(3) of the Act.
What happens if an entity does not report?
Where an entity fails to comply with the Act, the Regulator may:
- publish details of non-compliance
- issue an infringement notice
- commence legal proceedings to seek civil penalties.
A reporting entity can apply for an extension of time through the Payment Times Reporting Portal, if they need more time to submit their payment times report due to exceptional circumstances or circumstances outside of their control.
Guidance for reporting entities
For guidance on key concepts of the Act, including information about the entities that are required to give a payment times report, the timing for reporting periods and what information needs to be reported, read:
For information on how to seek an extension of time to report or apply to cease to be a reporting entity, read:
For information on compliance read:
For information on who must report and the reporting requirements for different entities as members of a corporate group, read:
- Information sheet 3: Who must report
- Information sheet 4: Corporate groups
- Information sheet 5: Acquisitions, divestments and winding up
For information on powers of the Regulator, including an overview of the processes followed and penalties that can apply read: