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Independent review of AML/CTF program

Reporting entities must have their whole AML/CTF program independently evaluated at least once every 3 years.

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Who must comply

All AUSTRAC reporting entities.

What triggers it

Having an AML/CTF program in place.

When due

At least once every 3 years, at the frequency set in your AML/CTF policies. Newly regulated entities: first evaluation due 30 June 2029 – 31 December 2030 depending on AUSTRAC account number.

Evidence required

Independent evaluation scope, evaluator independence record, evaluation report, governing body response, remediation tracker.

Max penalty

Civil penalty of up to $36.4M (body corporate) or $7.28M (individual), maximum per contravention, under the general AML/CTF Act civil penalty regime

Who must comply with this? The applicability test by industry, business structure and size.

Summary

Under the reformed AML/CTF Act, the former independent review of a Part A program has been replaced by an independent evaluation of the whole AML/CTF program (ML/TF risk assessment and AML/CTF policies). It must happen at least once every 3 years, at a frequency set in your AML/CTF policies. The evaluator can be internal or external but must be independent — for example, not involved in developing the program — and there are no mandatory qualifications. The evaluation tests whether you appropriately identified, assessed, mitigated and managed your ML/TF risks and complied with your policies. For newly regulated Tranche 2 entities, the first evaluation is due between 30 June 2029 and 31 December 2030, depending on the last two digits of the AUSTRAC account number. Separately, AUSTRAC can require an external audit by written notice.

Enforced by

Source legislation

Topics

aml-ctfindependent-review

Related

Frequently asked questions

Who must comply with Independent review of AML/CTF program?
All AUSTRAC reporting entities.
What triggers Independent review of AML/CTF program?
Having an AML/CTF program in place.
When is Independent review of AML/CTF program due?
At least once every 3 years, at the frequency set in your AML/CTF policies. Newly regulated entities: first evaluation due 30 June 2029 – 31 December 2030 depending on AUSTRAC account number.
What is the maximum penalty for Independent review of AML/CTF program?
Civil penalty of up to $36.4M (body corporate) or $7.28M (individual), maximum per contravention, under the general AML/CTF Act civil penalty regime
What evidence is required for Independent review of AML/CTF program?
Independent evaluation scope, evaluator independence record, evaluation report, governing body response, remediation tracker.

Source: https://www.austrac.gov.au/industry-and-business/obligations-and-guidance/your-amlctf-program/develop-your-amlctf-programs/step-5-conduct-independent-evaluation. Rules Mate is not a law firm. Always verify against the live regulator source before acting.