Reforming Australia’s anti-money laundering and counter-terrorism financing regime
Feedback updated 17 Oct 2024
We asked
We held a second round of consultation on reforming Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime between May and June 2024.
This second round of consultation built upon the first round of consultation undertaken in 2023. We considered feedback from the first round of consultation and used it to develop detailed reform proposals outlined over 6 consultation papers.
We sought public input through written submissions and through virtual and in-person meetings with affected sectors.
You said
We held over 40 targeted consultations with industry and government stakeholders, including roundtables with peak industry bodies, bilateral engagements with industry members and addresses at industry events.
We received over 130 submissions from stakeholders across all affected sectors, as well as from government, academics, civil society and individuals. With consent, we have published 104 of these submissions.
Key themes
Reflecting similar feedback from the first round of consultation, there was broad support for the reforms. Submissions provided useful insights into how the AML/CTF regime could be strengthened to build Australia’s resilience against criminal exploitation and protect businesses that are at the frontline of financial crime prevention. Stakeholders noted several inefficiencies in the regime that limit the effectiveness of Australia’s response to transnational crime.
Overall, stakeholders supported the proposed reforms to simplify, clarify and modernise the existing regime to make it easier for regulated businesses to identify and mitigate illicit financing risks and to comply with their AML/CTF obligations.
Current reporting entities welcomed proposals to expand the regime to address vulnerabilities in ‘gatekeeper’ professions, including lawyers, accountants, real estate professionals and dealers in precious stones and metals (also known as tranche two entities). There was also support for ensuring the regime keeps pace with the increasingly digital, instant nature of the global financial system, by updating digital and virtual asset services.
Most stakeholders demonstrated an understanding that the proposed reforms aim to improve Australia’s compliance with the global standards to combat money laundering and terrorism financing. Stakeholders sought additional details on the specific impacts on their businesses – this information will be set out in forthcoming consultations on amendments to the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (AML/CTF Rules).
Thank you to everyone who contributed valuable feedback to the consultation processes.
We did
Feedback from both rounds of consultation will inform government consideration of the final policy changes and legislation. Timing for any legislation is a matter for government.
There will be ongoing opportunities to influence and work with government on the detailed impact of the reforms on businesses through upcoming consultation on the AML/CTF Rules led by AUSTRAC. AUSTRAC will also collaborate with industry on fit-for-purpose, tailored industry education and guidance, particularly for new tranche two entities.
Published responses
View submitted responses where consent has been given to publish the response.
Overview
The Australian Government is committed to protecting Australians and preventing criminal abuse of our financial system. Reforms to Australia's anti-money laundering and counter-terrorism financing (AML/CTF) regime are required to ensure it continues to effectively deter, detect and disrupt money laundering and terrorism financing, and meet international standards set by the Financial Action Task Force (FATF), the global financial crime watchdog.
The AML/CTF regime establishes a regulatory framework for combatting money laundering, terrorism financing and other serious financial crimes. At its core, the AML/CTF regime is a partnership between the Australian Government and industry. No legitimate business wants to unwittingly assist money laundering. Through the regulatory framework, businesses are asked to play a vital role in detecting and preventing criminals from misusing their sectors and products to launder money and fund terrorism.
As the Attorney-General announced in April 2023, we are consulting on reforms to the regime. We held our first round of stakeholder consultation between April and June last year.
We have considered the feedback from the first round of consultation and have used it to develop the detailed reform proposals outlined in the following second stage consultation papers:
- Reforming Australia's anti-money laundering and counter-terrorism financing regime - Overview [PDF 214 KB]
- Paper 1: Further information for real estate professionals [PDF 306 KB]
- Paper 2: Further information for professional service providers [PDF 400 KB]
- Paper 3: Further information for dealers in precious metals and precious stones [PDF 284 KB]
- Paper 4: Further information for digital currency exchange providers (DCEPs), remittance service providers and financial institutions [PDF 338 KB]
- Paper 5: Broader reforms to simplify, clarify and modernise the regime (which will apply to current and new proposed reporting entities) [PDF 1.7 MB]
How we are consulting
We are seeking views from all stakeholders, including both current and proposed new reporting entities, to ensure that the reforms improve the current regime.
We invite public submissions on the proposals discussed in the second stage consultation papers. While questions are included in the paper to guide consultations these are not intended to limit responses.
We retain discretion about publishing and sharing submissions. We may publish submissions on this consultation hub, where we have permission to do so. We may also redact parts of published submissions if appropriate.
To provide your response follow the 'Have your say' link at the bottom of this page. If you have challenges providing your submission online, you can email it to economiccrime@ag.gov.au.
The department will also conduct roundtable discussions with stakeholders. Engagement with industry will be undertaken on sector-specific issues as required.
Interests
- Government
- Legislation
- Criminal law
- National security
- Corruption
- Financial law
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