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AML/CTF playbook for real estate agencies

Tranche 2 from 1 July 2026 — which agency activities are designated services, AUSTRAC enrolment, the AML/CTF program (ML/TF risk assessment + AML/CTF policies, formerly Part A / Part B), KYC for vendors and purchasers, beneficial owner identification, trust account interaction, PEP screening, SMR + TTR reporting, tipping-off, record-keeping, and the role of the AMLCO in a real-estate practice.

17 obligations3 deadlines10 cross-linked articles

Key deadlines — next 12 months

  • 29 July 2026AUSTRAC enrolment deadline (Tranche 2)
  • 31 March 2027First AUSTRAC Compliance Report (ACR)
  • Within 3 business daysLodge any SMR after suspicion formed
  • Within 10 business daysLodge any TTR (cash ≥$10,000)

Does this apply to me?

Answer yes to any of the below and the obligations in this playbook are likely relevant.

  • 1Do you act as a real estate agent — selling, exchanging or transferring real estate on behalf of a vendor or purchaser, anywhere in Australia?
  • 2Do you act as a buyer's agent introducing a purchaser to a vendor for the sale of real estate?
  • 3Do you assist with conveyancing, settlement administration or post-sale transfer activities?
  • 4Do you handle trust account funds in connection with the sale or transfer of real estate?
  • 5Do you operate in luxury / off-plan / prestige property — where higher-risk customer profiles (PEPs, complex ownership structures, foreign purchasers) are more likely?

Plain English summary

Tranche 2 of the AML/CTF Act commenced on 1 July 2026. Real estate agents are now reporting entities. The designated services schedule captures: selling or transferring real estate on behalf of a vendor; selling or transferring real estate on behalf of a purchaser; introducing a buyer to a vendor (or vendor to buyer); and acting as a buyer's agent.

The captured activity is the agency transaction, not the listing. A property listing is not a designated service; the moment a real estate agent receives a deposit, signs a contract on the vendor's behalf, or formally represents a purchaser, designated service status is triggered. Property management for rental properties is not captured (residential property management does not transfer ownership). Auctioneers acting on behalf of vendors are captured.

Under table 5, item 1 of section 6 of the AML/CTF Act, the customers of the brokering service are both the seller (or transferor) and the buyer (or transferee). AUSTRAC's real estate guidance is explicit: an agent who acts for the seller and brokers the sale has both the buyer and the seller as customers, with AML/CTF obligations — including customer due diligence — in relation to both. The guidance also covers beneficial ownership identification for company purchasers, trust purchasers and foreign-purchaser structures; and PEP screening obligations. Trust account interaction triggers TTR obligations (threshold transaction reports) when cash deposits or transfers above AUD 10,000 are involved.

This playbook lists every obligation that applies to a Tranche 2 real estate agency, the Act section it sits under, who in the agency is accountable, the frequency, the maximum penalty, and a regulator-direct source. Cross-link to the AML Tranche 2 scope checker and beneficial owner identifier for the practical pieces.

Obligation checklist

Every obligation cites the Act and section. Source URLs link to the regulator's portal — Rules Mate does not republish statutory text.

  1. 1

    AML/CTF Act 2006, s 51B (enrolment)

    Enrol the agency with AUSTRAC as a reporting entity within 28 days of first providing a designated service. For agencies providing designated services from 1 July 2026 that deadline was 29 July 2026 — if you missed it, enrol now.

    Who's responsible
    Principal / Licensee in charge
    Frequency
    One-off (plus updates within 14 days of material change)
    Penalty
    Each day unenrolled can be a separate contravention. Infringement notice of 60 penalty units ($21,840) for a company or 12 penalty units ($4,368) for an individual per contravention, or a civil penalty of up to $36.4M (body corporate), maximum per contravention.
  2. 2

    AML/CTF Act Part 1A (AML/CTF programs); AML/CTF Rules 2025

    Document an ML/TF risk assessment of the agency's exposure by transaction type (residential vs commercial), price point (entry vs luxury), customer type (individuals, companies, trusts, foreign purchasers), source of funds, and jurisdiction — and AML/CTF policies to mitigate and manage those risks (the reformed structure that replaced the former Part A / Part B program).

    Who's responsible
    Principal / Licensee in charge
    Frequency
    Ongoing; update the risk assessment on significant change
    Penalty
    Civil penalty up to $36.4M (body corporate) or $7.28M (individual), maximum per contravention.
  3. 3

    AML/CTF Act Part 2 (customer due diligence); AML/CTF Rules 2025

    Identify and verify every customer before providing the designated service — when you broker a sale, that is BOTH the vendor and the purchaser, even if you act only for the vendor (s 6 table 5 item 1). Real estate CDD may be delayed to the earlier of 28 days after exchange or 3 days before settlement (Rules r 6-32(4)). For individuals: government-issued ID. For companies: directors + beneficial owners. For trusts: trustees + beneficiaries + settlor. For foreign purchasers: passport + source-of-funds documentation.

    Who's responsible
    AMLCO + sales agents
    Frequency
    Per transaction
    Penalty
    Each unverified customer can be a separate civil penalty contravention.
  4. 4

    AML/CTF Act 2006, s 41A (beneficial owner identification)

    Identify and verify beneficial owners (≥25% control or ownership) for non-individual purchasers and vendors. For company purchasers: trace to natural-person ultimate controllers. For trust purchasers: identify trustees + beneficiaries.

    Who's responsible
    AMLCO + sales agents
    Frequency
    Per transaction
    Penalty
    Each unverified beneficial owner is a separate breach.
  5. 5

    AML/CTF Rules Part 4.13 (PEPs — politically exposed persons)

    Screen every customer + beneficial owner against PEP lists (foreign + domestic + international organisation). PEPs trigger Enhanced Customer Due Diligence: senior management approval, source-of-wealth, source-of-funds, ongoing review.

    Who's responsible
    AMLCO
    Frequency
    At onboarding + on customer-risk change
    Penalty
    Civil penalty regime to AML/CTF Act maximum.
  6. 6

    Charter of the United Nations Act 1945 + Autonomous Sanctions Act 2011

    Screen vendors, purchasers and beneficial owners against the DFAT Consolidated List of sanctioned persons. Refuse to act if a sanctions hit is confirmed.

    Who's responsible
    AMLCO
    Frequency
    Per transaction + ongoing
    Penalty
    Criminal — up to 10 years imprisonment; strict liability for the conduct.
  7. 7

    AML/CTF Act 2006, ss 41-42 (SMR)

    Lodge an SMR via AUSTRAC Online within 3 business days of forming a suspicion (24 hours for terrorism financing). Triggers for real estate include: unusual source of funds, cash deposits, third-party settlements, structuring, purchaser unwilling to provide ID.

    Who's responsible
    AMLCO
    Frequency
    Event-driven
    Penalty
    Failure to report: civil penalty up to $36.4M (body corporate), maximum per contravention. Tipping off is a separate criminal offence (up to 2 years imprisonment and/or 120 penalty units).
  8. 8

    AML/CTF Act 2006, s 43 (TTR)

    Lodge a TTR within 10 business days for any cash transaction of AUD 10,000 or more — including cash deposits into the trust account. Suspicious cash transactions also trigger an SMR.

    Who's responsible
    AMLCO + trust account manager
    Frequency
    Event-driven
    Penalty
    Civil penalty up to $36.4M (body corporate) or $7.28M (individual), maximum per contravention.
  9. 9

    AML/CTF Act 2006, s 36 (ongoing CDD)

    Apply ongoing CDD for repeat clients (property developers, sophisticated investors, syndicates). Transaction monitoring + periodic re-verification + trigger-based review.

    Who's responsible
    AMLCO + senior agents
    Frequency
    Ongoing
    Penalty
    Civil penalty regime to AML/CTF Act maximum.
  10. 10

    AML/CTF Rules Part 15 (Enhanced CDD)

    Apply ECDD where higher risk is identified: PEPs, foreign purchasers from high-risk jurisdictions, complex ownership, source-of-funds unclear, cash-heavy transactions. Document senior approval.

    Who's responsible
    AMLCO
    Frequency
    Event-driven
    Penalty
    Civil penalty regime to AML/CTF Act maximum.
  11. 11

    AML/CTF Act 2006, s 123 (tipping-off)

    Do not disclose to the vendor, purchaser or any other person that an SMR has been or is being lodged, that AUSTRAC has been notified, or that information has been requested by AUSTRAC.

    Who's responsible
    Every staff member
    Frequency
    Continuous
    Penalty
    2 years imprisonment and/or 120 penalty units ($43,680).
  12. 12

    AML/CTF Act 2006, Part 10 (record-keeping)

    Keep KYC records, transaction records, trust account records, SMR working papers, training records and program documents for 7 years after the customer relationship ends or the transaction occurred.

    Who's responsible
    AMLCO + practice manager
    Frequency
    Continuous (7-year retention)
    Penalty
    Civil penalty up to $36.4M (body corporate) or $7.28M (individual), maximum per contravention.
  13. 13

    AML/CTF Act Part 1A (independent evaluation); AML/CTF Rules 2025

    Arrange an independent evaluation of the whole AML/CTF program at least once every 3 years, at a frequency set in your AML/CTF policies (higher-risk agencies may set a shorter cycle). For newly regulated agencies the first evaluation is due between 30 June 2029 and 31 December 2030, depending on the last two digits of the AUSTRAC account number.

    Who's responsible
    Principal (commission), AMLCO (manage delivery)
    Frequency
    At least once every 3 years (frequency set in your policies)
    Penalty
    Civil penalty regime to AML/CTF Act maximum ($36.4M body corporate, maximum per contravention).
  14. 14

    AML/CTF Rules Part 8.2 (AML/CTF Compliance Officer)

    Designate an AMLCO employed or engaged at management level, who is a fit and proper person with sufficient authority, independence and resources, and notify AUSTRAC (Tranche 2: by the later of 29 July 2026 or 14 days after enrolling). Sole-principal agencies will usually designate the principal. Check AUSTRAC's compliance officer guidance before outsourcing any part of the role — outsourcing does not transfer liability.

    Who's responsible
    Principal
    Frequency
    Continuous
    Penalty
    Civil penalty regime to AML/CTF Act maximum.
  15. 15

    AML/CTF Rules Part 8.3 (training)

    Train every sales agent + AMLCO on AML/CTF risks specific to real estate transactions. Annual refresher. Document attendance.

    Who's responsible
    AMLCO
    Frequency
    On hire + annual
    Penalty
    Civil penalty regime to AML/CTF Act maximum.
  16. 16

    AML/CTF Act 2006, s 47 (ACR)

    Lodge the annual AUSTRAC Compliance Report by 31 March each year covering the prior calendar year. Self-attestation to enrolment, program, training, independent evaluation.

    Who's responsible
    AMLCO
    Frequency
    Annual — calendar-year basis
    Penalty
    Failure to lodge: civil penalty + AUSTRAC remediation directions.
  17. 17

    State Real Estate licensing law (NSW Property and Stock Agents Act 2002, VIC Estate Agents Act 1980, QLD Property Occupations Act 2014, etc.)

    Maintain the state real estate licence in good standing. Trust account audit, professional indemnity, CPD. AML/CTF breaches can trigger fit-and-proper-person review by the state regulator.

    Who's responsible
    Principal / Licensee
    Frequency
    Continuous
    Penalty
    Licence suspension or cancellation; state-specific civil penalties.

Deadlines

Pulled from the Rules Mate compliance calendar. Click through for the full deadline page.

Forms and regulator portals

Direct links to the lodgement forms and regulator portals. Rules Mate does not host copies — we link to the official source.

  • AUSTRAC Online enrolment form

    Web-based enrolment for reporting entities. Required within 28 days of first designated service.

    Open portal →
  • Suspicious Matter Report (SMR)

    Lodged via AUSTRAC Online. 3 business days from suspicion formation.

    Open portal →
  • Threshold Transaction Report (TTR)

    Lodged via AUSTRAC Online. 10 business days for cash transactions ≥AUD 10,000.

    Open portal →
  • AUSTRAC Compliance Report (ACR)

    Annual self-attestation. Due 31 March each year for the prior calendar year.

    Open portal →
  • AUSTRAC Real Estate sector guidance

    Sector-specific AML/CTF guidance for real estate agents — when brokering, both the buyer and the seller are customers for CDD.

    Open portal →

Free tools that help

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What changes 2025–2026

31 March 2026 — AUSTRAC enrolment opened

Real estate agencies could enrol on AUSTRAC Online from 31 March 2026.

1 July 2026 — Tranche 2 commenced

The AML/CTF Amendment Act 2024 extended the regime to real estate agents. Obligations are in force now; the ML/TF risk assessment must be in place before a designated service is provided.

29 July 2026 — Enrolment deadline (passed)

An agency that provided a designated service from 1 July 2026 had to enrol by 29 July 2026; an agency that starts later has 28 days from its first designated service. Each day unenrolled can be a separate contravention.

28 August 2026 — Notices to unenrolled agencies

AUSTRAC began issuing information notices to apparently unenrolled real estate agents, accountants, lawyers and jewellers: "The time for preparation has passed."

FY26/27 — "Effort, not perfection"

AUSTRAC expects newly regulated businesses to be enrolled, have an AML/CTF program and compliance officer, train staff and be ready to report — effort, not perfection, in FY26/27 — with early enforcement against failure to enrol and complicity in money laundering.

31 March 2027 — First ACR

The first AUSTRAC Compliance Report for Tranche 2 real estate covers H2 2026 and is due 31 March 2027.

2026-2027 — State regulator coordination

NSW Fair Trading, Consumer Affairs Victoria and the Queensland Office of Fair Trading have signalled they will treat AUSTRAC breaches as a fit-and-proper-person matter for state licensing.

In-depth reading

10 Rules Mate articles tagged to this playbook.

Frequently asked

Is residential property management captured?

No. The designated services schedule captures real estate sale/transfer activities — not the holding of rental funds or property management. Property management on behalf of a landlord is not a Tranche 2 designated service. Sale of an investment property at the end of the management relationship is.

Do we need to verify ID before signing the sale contract or before settlement?

Before providing the designated service — which for an agent representing a vendor is at the point the agency agreement is signed. For a buyer's agent, it's at the point the purchase mandate is signed. AUSTRAC's sector guidance is explicit: verify at the start of the relationship, not at settlement.

Who's the customer in a dual-side transaction (we represent both)?

Both. Each side is a customer for the purpose of the designated service being provided to them. KYC and beneficial owner identification must be done for both.

What about foreign purchasers? Does FIRB cover us?

FIRB approval is a separate regime (Foreign Acquisitions and Takeovers Act 1975). FIRB approval does not satisfy AML/CTF CDD. Foreign purchasers from higher-risk jurisdictions trigger Enhanced Customer Due Diligence: source-of-funds documentation, ownership trace, sanctions screening.

Are auctioneers captured?

Yes if acting on behalf of a vendor — selling real estate on behalf of a vendor is a designated service. The auctioneer is the agent of the vendor. Independent auctioneer services for council-rates auctions or specific exempt scenarios may differ — refer to the AUSTRAC sector guidance.

What's the penalty risk for a small agency?

The statutory maximum is $36.4M for a body corporate or $7.28M for an individual, per contravention. AUSTRAC has said it expects "effort, not perfection" from newly regulated businesses in FY26/27, but will take early enforcement action against businesses that fail to enrol or are complicit in money laundering; it began issuing information notices to apparently unenrolled agencies on 28 August 2026. Infringement notices ($21,840 per contravention for a company) are available for failures such as not enrolling. Reputational risk and state-licence risk are also practical pressures.

Does the trust account audit cover AML compliance?

No. The trust account audit is a state-licensing requirement. AUSTRAC AML/CTF requirements are separate. Some auditors will offer AML compliance reviews as an add-on, but the AMLCO function and the independent evaluation of your AML/CTF program (at least once every 3 years) are separate obligations.

Does the Privacy Act apply to a small agency's AML/CTF work?

Yes. Under s 6E(1A) of the Privacy Act 1988, a small business operator that is an AML/CTF reporting entity is treated as an organisation for its AML/CTF activities — so the Australian Privacy Principles apply to the KYC and other personal information you handle for AML/CTF purposes, even if your turnover is under $3M. Source: https://www.legislation.gov.au/C2004A03712/latest/text

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Last verified: 6 June 2026

Rules Mate provides citation-first reference material, not legal advice. Always consult a qualified professional for specific obligations.