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AML Amendment 2024: A New Era for Financial Crime Prevention in Australia

AML Amendment 2024: A New Era for Financial Crime Prevention in Australia

#AMLinAustralia #Tranche2 #AMLReforms

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December 9, 2024
3 Minutes

AML Amendment 2024: A New Era for Financial Crime Prevention in Australia

Introduction How Will the AML Amendment 2024 Aim to Strengthen Australian Regulations The New AML Requirements for the Tranche 2 Entities Act Now FAQs

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Introduction

The AML Amendment Bill 2024, passed by the Australian Parliament on 29 November 2024, marks a major milestone in Australia’s efforts to combat financial crime. The amendment sends a strong message that Australia is serious about protecting its financial system and communities from money laundering, terrorism financing, and organised crime. It aligns Australia's regime more closely with global standards and strengthens its capacity to deter, detect, and disrupt financial crime.

How Will the AML Amendment 2024 Aim to Strengthen Australian Regulations

This legislative reform strengthens the AML/CTF Act 2006 by:

  • Expanding the AML/CTF regime to include certain high-risk professions such as lawyers, accountants, real estate agents, trust and company service providers, and dealers in precious metals and stones. These sectors, often referred to as ‘Tranche 2’ entities, were previously outside the scope of AML/CTF obligations.
  • Simplifying compliance to make it easier for businesses to understand and meet their AML/CTF responsibilities.
  • Modernising the regulatory framework to reflect evolving business practices, digital technologies, and sophisticated illicit finance tactics.

The New AML Requirements for the Tranche 2 Entities

Professionals in the forecited industries must understand their new duties and develop a strong, risk-based AML programme.

Key obligations include:

  • Enrolment with AUSTRAC as a reporting entity
  • Conducting Customer Due Diligence (CDD)
  • Conducting ongoing monitoring of transactions and business relationships
  • Creating a written AML/CTF Programme addressing business-specific risks
  • Suspicious matter and threshold reporting
  • Record-keeping of CDD, monitoring results, and compliance actions

Act Now

New legislation (Tranche 2) will extend AUSTRAC’s AML obligations to Tranche 2 entities, starting 1 July 2026, with enrolment from 31March 2026.

  • Start making plans and target enrolment by early-2026.
  • Develop a risk-based AML/CTF Programme, including customised policies and staff training.
  • Implement technology tools, like MemberCheck, to automate CDD, monitoring, and reporting.
  • Stay informed with AUSTRAC guidance, updates, and industry workshops leading up to July  2026.
  • Suspicious matter and threshold reporting
  • Record-keeping of CDD, monitoring results, and compliance actions

FAQs

What are the Tranche 2 Reforms?

The Tranche 2 Reforms are a set of proposed legislative reforms aiming at broadening the scope of Australia's Anti-Money Laundering and Counter-Terrorism Financing laws to include more businesses and professions.

Which industries will be affected by the Tranche 2 Reforms?

The Tranche 2 Reforms will affect real estate agents, precious metals dealers, lawyers, trust and company service providers, and accountants.

Why are the Tranche 2 Reforms necessary?

The Tranche 2 Reforms are required to align with global standards established by the Financial Action Task Force (FATF), which recommends that countries regulate DNFBPs within their AML/CTF frameworks and to strengthen Australia's ability to detect, prevent, and combat money laundering and terrorism financing activities.

What steps should regulated entities take to comply with the Tranche 2 Reforms?

Regulated entities must conduct detailed risk assessments, develop and implement strong AML/CTF programs, ensure that employees receive adequate training on AML/CTF obligations and the entity's compliance program, establish systems for reporting suspicious activities and keeping records in accordance with regulatory requirements.

When will the reforms in the AML Amendment Bill 2024 become effective?

New legislation (Tranche 2) will extend AUSTRAC’s AML obligations to Tranche 2 entities, starting 1 July 2026, with enrolment from 31March 2026.

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