Does Privacy Act Reform — information controllers regime (proposed Tranche 2) apply to conveyancers?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: Yes
Yes. This obligation applies to conveyancers whatever their structure or size. The deciding fact: AML/CTF reporting entity — covered by the Privacy Act for AML/CTF activities (s 6E(1A)).
The obligation in brief
Privacy Act Reform — information controllers regime (proposed Tranche 2). Tranche 2 Privacy Act reforms under government consideration — controller/processor regime modelled on GDPR. Currently exposure-draft pending; in-force date TBC.
Trigger: Pending.
Why conveyancers get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 24 of those industries the answer for "Privacy Act Reform — information controllers regime (proposed Tranche 2)" is it depends on structure or size. Conveyancers is one of the 11 where the answer is different: yes.
The deciding fact for conveyancers: AML/CTF reporting entity — covered by the Privacy Act for AML/CTF activities (s 6E(1A))
About the industry: Licensed conveyancers effecting property transfers and settlements via PEXA.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires APP-entity status (turnover > $3M or a s 6D(4) carve-out)).
Answer by business structure and size
Each cell is the engine's outcome for a business in conveyancers with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Yes | Yes | Yes | Yes | Yes | Yes |
| Partnership | Yes | Yes | Yes | Yes | Yes | Yes |
| Trust | Yes | Yes | Yes | Yes | Yes | Yes |
| Pty Ltd company | Yes | Yes | Yes | Yes | Yes | Yes |
| Public company | Yes | Yes | Yes | Yes | Yes | Yes |
| Not-for-profit (unregistered) | Yes | Yes | Yes | Yes | Yes | Yes |
| Registered charity | Yes | Yes | Yes | Yes | Yes | Yes |
| Super fund | Yes | Yes | Yes | Yes | Yes | Yes |
| Foreign company | Yes | Yes | Yes | Yes | Yes | Yes |
What the obligation requires
- When due
- TBC.
- Evidence to keep
- Pending.
- Regulator
- OAIC
- Jurisdiction
- Commonwealth (national)
Other obligations where conveyancers differ from the norm
- Comply with Australian sanctions law + screening (DFAT): Yes
- Conduct conveyancing via PEXA (e-conveyancing) where mandated: Yes
- Customer due diligence (KYC) on every customer: Yes
- Designate an AML/CTF Compliance Officer: Yes
- Detect + enhance due diligence on Domestic + Foreign PEPs: Yes
- Enrol with AUSTRAC as a reporting entity: Yes
- All 11 answers for conveyancers
Other industries with a non-default answer
Questions
- Does Privacy Act Reform — information controllers regime (proposed Tranche 2) apply to conveyancers?
- Yes. This obligation applies to conveyancers whatever their structure or size. The deciding fact: AML/CTF reporting entity — covered by the Privacy Act for AML/CTF activities (s 6E(1A)).
- Is the answer the same for every industry?
- No. For 24 of the 35 industries Rules Mate maps, the answer is it depends on structure or size. Conveyancers is one of 11 industries with a different answer.
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.