Regulations

AUSTRAC Tranche 2 Reform: AML/CTF Obligations Extend to DNFBPs

Australia is the only major FATF jurisdiction that has historically operated AML/CTF obligations on financial institutions alone, leaving lawyers, accountants, real estate professionals and high-value dealers outside the regime. The Tranche 2 reform closes that gap — extending obligations to Designated Non-Financial Businesses and Professions from 2026, with phased implementation through 2027. This guide covers what the reform changes and what newly-covered entities should be building.

Published: May 2026 Category: Regulations Read time: ~12 minutes
Quick Answer
The Tranche 2 reform amends the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to extend AML/CTF obligations to Designated Non-Financial Businesses and Professions (DNFBPs): lawyers (in respect of specific real estate, trust formation, company management and asset transfer activities), accountants (for equivalent activities), real estate professionals (estate agents, property managers, conveyancers), dealers in precious metals and stones, and trust and company service providers. The obligations include customer identification (Know Your Customer / KYC), record-keeping, ongoing monitoring, suspicious matter reporting (SMR), and an AML/CTF Programme. Phased implementation: the legislative amendments passed in December 2024; AUSTRAC consultation on operational requirements ran through 2025; substantive obligations apply from 1 July 2026 for the first phase and continue rolling into 2027. The reform brings Australia into substantive alignment with FATF Recommendations on DNFBPs — a gap previous Mutual Evaluation reports had specifically identified.

Australia's Tranche 1 regime — covering banks, insurers, casinos, money services businesses and other "financial institutions" under a broad definition — has been operational since 2006. Tranche 2 was envisaged from the start as the second wave that would bring non-financial businesses into the regime, aligning with FATF Recommendations 22 and 23 on DNFBPs. The reform has been delayed for nearly two decades — a recurring point of criticism in FATF Mutual Evaluation reports — before legislative passage in December 2024.

For newly-covered entities, the operational reality is that the AUSTRAC compliance bar is high. The agency is one of the more active financial-crime regulators globally, with the major-bank enforcement record (AUD 700 million Commonwealth Bank penalty 2018, AUD 1.3 billion Westpac penalty 2020) demonstrating willingness to impose substantial sanctions. Newly-covered entities should not assume gradual phase-in tolerance — the regulatory framework treats Tranche 2 entities as new compliance subjects with the same fundamental obligations as Tranche 1 entities, calibrated proportionately to size and risk.

Which Entities Are Covered

The Tranche 2 reform extends AML/CTF obligations to five categories of Designated Non-Financial Businesses and Professions. The trigger for coverage is the activity, not the professional designation — an accountant performing only general accounting work is not covered; an accountant performing the specific designated services is.

1

Lawyers (Designated Services)

Lawyers are covered when they participate in: buying or selling of real estate, managing client money or securities, management of bank/savings/securities accounts, creation/management/operation of legal persons or arrangements, buying and selling of business entities. General legal advisory work outside these designated services is not covered.

2

Accountants (Designated Services)

Accountants are covered when they perform the same categories of designated services as lawyers — real estate transactions, client funds management, legal entity formation/management, business sale transactions. Routine tax compliance and financial reporting work outside the designated services list is not covered.

3

Real Estate Professionals

Estate agents, property managers and conveyancers involved in residential or commercial real estate transactions are covered for transactions on behalf of customers. The activity scope includes property sales, purchases, leasing where money handling occurs, and conveyancing of titles.

4

Dealers in Precious Metals and Stones

Businesses dealing in gold, silver, platinum, diamonds and other precious materials above a transaction threshold (set at AUD 10,000 in the consultation framework, subject to confirmation in the operational regulations). The threshold applies to cash transactions; smaller transactions and non-cash transactions sit outside.

5

Trust and Company Service Providers (TCSPs)

Businesses that create or manage trusts, form companies on behalf of clients, act as nominee directors or shareholders, or provide registered office services. The category includes both standalone TCSPs and law firms / accounting firms whose business model includes substantial TCSP activity.

The Core Obligations

Tranche 2 entities take on the same fundamental obligations as Tranche 1 entities, adjusted for the operational scale and risk profile of professional services rather than financial institutions.

1. AML/CTF Programme. A documented programme covering risk assessment, customer identification procedures, ongoing customer due diligence, transaction monitoring proportionate to the business, suspicious matter reporting procedures, employee training, and independent review. The programme must be approved by senior management and reviewed periodically.

2. Customer Identification (KYC). Identification and verification of customers before providing the designated service. For natural persons: identity document verification. For corporates: beneficial ownership disclosure and verification. The depth of identification is calibrated to risk — standard customers receive standard identification; higher-risk customers receive enhanced identification.

3. Suspicious Matter Reports (SMRs). Submission to AUSTRAC where the entity has reasonable grounds to suspect the customer or transaction may be linked to money laundering, terrorism financing, proceeds of crime, or other serious offences. The reporting threshold is similar to Tranche 1 entities — reasonable grounds to suspect, not certainty.

4. Threshold Transaction Reports (TTRs). Reporting of cash transactions above AUD 10,000 (and equivalents in foreign currency). The TTR obligation extends to Tranche 2 entities handling cash transactions in the designated services.

5. International Funds Transfer Instruction (IFTI) reports. Where the entity transmits or receives instructions to transfer funds internationally on behalf of customers, IFTI reports are required.

6. Record-keeping. Customer identification records and transaction records retained for at least 7 years from the end of the relationship or the transaction.

7. Ongoing customer due diligence. Monitoring of customer activity for unusual patterns; updating of customer profiles where changes occur; periodic refresh of higher-risk customers.

Phased Implementation Timeline

The Tranche 2 implementation is phased to give newly-covered entities time to build compliance infrastructure. The phasing as currently confirmed:

  • December 2024: Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 passed by Parliament. Legislative framework in place.
  • 2025: AUSTRAC public consultation on operational regulations and guidance. Industry consultation on threshold settings, reporting formats and implementation mechanics. Implementation Rules published in draft and final form.
  • 1 July 2026: First phase of substantive obligations apply. Real estate professionals, TCSPs and dealers in precious metals and stones are expected to be in the first phase based on the consultation framework.
  • 1 July 2027: Full implementation. Lawyers and accountants performing designated services fully covered; all Tranche 2 entities operating under steady-state obligations.

The phasing reflects practical implementation difficulty rather than reduced regulatory expectation. AUSTRAC's communications have emphasised that the substantive obligations apply from the relevant phase-in date, with limited transitional tolerance. Newly-covered entities should be building toward operational readiness, not assuming additional grace periods.

From AUSTRAC's Track Record
AUSTRAC's Tranche 1 enforcement actions have consistently emphasised that operational implementation matters more than documentation. The Commonwealth Bank, Westpac and Crown Resorts cases involved firms with substantive AML programmes on paper that did not operate effectively in practice. Newly-covered Tranche 2 entities should focus their build on controls that actually work in production, not on policies that exist for documentation purposes.

What Tranche 2 Entities Should Be Building

Operational priorities for Tranche 2 entities preparing for compliance:

  • Customer identification infrastructure. Identity document verification, beneficial ownership disclosure for corporate clients, sanctions and PEP screening. The infrastructure does not need to match a major bank's scale, but it needs to deliver verified identification on every customer receiving a designated service.
  • Risk-based customer classification. A documented methodology for classifying customers by risk — informed by customer type, jurisdiction, nature of designated service, and any specific risk indicators. The classification drives the depth of due diligence and the intensity of ongoing monitoring.
  • Transaction monitoring proportionate to the business. For a real estate agency, transaction monitoring may focus on cash transactions, third-party payments, and unusual transaction patterns in client trust accounts. For a TCSP, monitoring may focus on the underlying activity of the entities being managed. The architecture differs from a bank's but the fundamental obligation — to identify unusual activity for reporting consideration — is the same.
  • SMR submission capability. Familiarity with AUSTRAC's reporting portal, the SMR form, and the operational mechanics of submission. Many Tranche 2 entities will be filing infrequently relative to a bank, but they need to be capable of filing promptly when suspicion arises.
  • Training across all designated-service staff. Every employee involved in delivering a designated service needs training on AML/CTF obligations, recognising suspicious activity, the firm's procedures, and tipping-off prohibitions. Tipping-off is particularly important for legal and accounting professionals who may face client confidentiality tension with reporting obligations.
  • Independent review. AUSTRAC expects the AML/CTF Programme to be subject to independent review periodically. For smaller Tranche 2 entities, this may be an external consultant; for larger entities, internal audit. The review is itself a regulatory expectation, not optional.

Operational Tensions for Lawyers and Accountants

Lawyers and accountants face specific tensions between AML/CTF obligations and professional duties. Three recurring patterns:

  • Client privilege vs SMR filing. Lawyers operate under legal professional privilege; SMR filing requires disclosure that ordinarily would be privileged. The Tranche 2 framework resolves this by limiting privilege's scope — SMR filing in respect of designated services is not a breach of privilege under the amended framework. Lawyers need to understand the scope of the carve-out and the residual privilege protections.
  • Tipping-off vs client communication. Tipping-off prohibitions prevent the entity from disclosing to the client that an SMR has been filed (or may be filed). Legal and accounting professionals are accustomed to transparent client communication; the tipping-off prohibition is operationally different and requires specific training.
  • Source of funds verification on transactional matters. Designated services frequently involve handling significant client funds (property purchase deposits, trust formation funding, business sale proceeds). Source of funds verification — confirming the legitimacy of the funds being handled — becomes a routine professional obligation, not an exceptional one. The professional implications include client conversations that have not historically been part of standard practice.

For broader compliance platform context applicable to Tranche 2 entities, see our KYC platform overview and AML/CFT solution.

Tranche 2 Compliance, Right-Sized

One Constellation supports DNFBP compliance with customer identification, sanctions and PEP screening, source-of-funds verification, and structured SMR-ready case management — sized to the operational scale of professional services and real estate firms.

← Travel Rule Compliance FATF Grey List 2026 → All Articles
Scroll to Top