This instrument is the Anti‑Money Laundering and Counter‑Terrorism Financing (2025 Rules) Amendment Rules 2026.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	Immediately after the commencement of the Anti‑Money Laundering and Counter‑Terrorism Financing Rules 2025.	31 March 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Reporting group amendments

Anti‑Money Laundering and Counter‑Terrorism Financing Rules 2025

1 Subsection 2‑1(1)

Repeal the subsection, substitute:

Business group that is ineligible

(1) For the purposes of subparagraph 10A(1)(a)(iii) of the Act, a business group is ineligible to be a reporting group if:

(a) a member of the business group that is a reporting entity gives the other reporting entities in the group notice in writing that the member declines to be a member of a reporting group; and

(b) the notice by the member has not been withdrawn by further notice in writing to the other reporting entities in the group; and

Note: A person enrolled under Part 3A of the Act (Reporting Entities Roll) is required to advise of changes in the person’s enrolment details, including whether the person is a member of a reporting group—see subsection 51F(1) of the Act and subsection 3‑3(8) and section 3‑9 of this instrument.

(1A) A notice given by a reporting entity for the purposes of subsection (1) is taken to be effective if the reporting entity has taken reasonable steps to ensure it is given to all the other reporting entities in the business group, and is not invalid merely because a particular reporting entity did not receive the notice.

2 Paragraph 2‑1(2)(a)

Repeal the paragraph, substitute:

(a) the member is:

(i) the member of the reporting group that the members of the group that themselves satisfy paragraphs (b) and (d) of this subsection have agreed, in writing, will be the lead entity of the group; or

(ii) appointed in writing by the person in the business group that controls each other person in the group to be the lead entity of the reporting group;

3 Paragraph 2‑1(2)(c)

Repeal the paragraph, substitute:

(c) the member has the capability and authority (including by consent of group members) to develop and maintain the AML/CTF policies required by reporting entities in the group;

4 At the end of section 2‑1

Add:

Conditions for operation of reporting group

(3) For the purposes of subparagraph 10A(1)(a)(iv) of the Act:

(a) a reporting group must not operate without a lead entity for a continuous period of more than 28 days; and

(b) during any such period, each member of the reporting group that is a reporting entity must continue to comply with the AML/CTF policies of the most recent lead entity of the group (the previous lead entity) that applied to the member immediately before the previous lead entity ceased to be the lead entity of the group.

Schedule 2—Enrolment and registration amendments

Anti‑Money Laundering and Counter‑Terrorism Financing Rules 2025

1 Section 1‑4

Insert:

South Australian Electricity Legislation has the same meaning as in the Competition and Consumer Act 2010.

2 Paragraph 3‑3(1)(g)

After “names”, insert “and dates of birth”.

3 After paragraph 3‑3(1)(i)

Insert:

(ia) whether the applicant is a Market Generator under the South Australian Electricity Legislation;

4 Paragraph 3‑3(5)(b)

Repeal the paragraph, substitute:

(b) for a partner that is a body corporate (other than a trustee):

(i) the partner’s full name; and

(ii) a legal entity identifier for the partner (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); and

(iii) the partner’s ABN, ACN, ARBN and ARSN (as applicable), or, if the partner has none of these, any unique identifier other than the one referred to in subparagraph (ii); and

(iv) the address of the partner’s principal place of business or operations in Australia; and

(v) the information mentioned in paragraphs (2)(a) to (e), in relation to the partner;

5 After subparagraph 3‑3(5)(d)(i)

Insert:

(ia) a unique identifier for the trust (if any has been given); and

6 Paragraph 3‑3(6)(d)

Repeal the paragraph, substitute:

(d) for any trustee that is a body corporate:

(i) the trustee’s full name; and

(ii) a legal entity identifier for the trustee (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); and

(iii) the trustee’s ABN, ACN, ARBN and ARSN (as applicable), or, if the trustee has none of these, any unique identifier other than the one referred to in subparagraph (ii); and

(iv) the address of the trustee’s principal place of business or operations in Australia; and

(v) the information mentioned in paragraphs (2)(a) to (e), in relation to the trustee.

7 Subparagraph 3‑3(8)(c)(iii)

Repeal the subparagraph.

8 Subparagraph 3‑3(8)(d)(ii)

Omit “(if any);”, substitute “(if any).”.

9 Subparagraph 3‑3(8)(d)(iii)

Repeal the subparagraph.

10 Section 4‑3

Before “For the purposes”, insert “(1)”.

11 At the end of section 4‑3

Add:

(2) The information set out in the following provisions of this instrument is not required in an application for registration as a remittance affiliate of a registered remittance network provider (under either subsection 75B(1) or 75B(2) of the Act) if a senior manager of the remittance affiliate has given or intends to give the approval referred to in subsection 26S(4) of the Act:

(a) sections 4‑5, 4‑6 and 4‑8;

(b) paragraphs 4‑12(a) to (c).

12 At the end of subparagraphs 4‑4(5)(a)(i), (ii) and (iii)

Add “and”.

13 Paragraph 4‑4(5)(b)

Repeal the paragraph, substitute:

(b) for a partner that is a body corporate (other than a trustee):

(i) the partner’s full name; and

(iii) the partner’s ABN, ACN, ARBN and ARSN (as applicable), or, if the partner has none of these, any unique identifier other than the one referred to in subparagraph (ii); and

(iv) the address of the partner’s principal place of business or operations in Australia; and

(v) the information mentioned in paragraphs (4)(a) to (f), in relation to the partner;

14 After subparagraph 4‑4(5)(d)(i)

Insert:

(ia) a unique identifier for the trust (if any has been given); and

15 Paragraph 4‑4(6)(d)

Repeal the paragraph, substitute:

(d) for any trustee, beneficiary, settlor, appointer, guardian or protector of the trust that is a body corporate:

(i) the body corporate’s full name; and

(ii) a legal entity identifier for the body corporate (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); and

(iii) the body corporate’s ABN, ACN, ARBN and ARSN (as applicable), or, if the body corporate has none of these, any unique identifier other than the one referred to in subparagraph (ii); and

(iv) the address of the body corporate’s principal place of business or operations in Australia; and

(v) the information mentioned in paragraphs (4)(a) to (f), in relation to the body corporate.

16 After paragraph 4‑7(a)

Insert:

(aa) the financial institution with which the account is held;

(ab) the unique identification details assigned to the account (such as the BSB and account number);

17 After paragraph 4‑9(1)(c)

Insert:

(ca) a description of the individual’s role in the candidate’s business;

(cb) if the individual is a senior manager or AML/CTF compliance officer of the candidate—the individual’s professional experience relevant to performing that role;

18 After subsection 4‑9(1)

Insert:

(1A) The application must contain information on whether any of the candidate’s key personnel has ever been a beneficial owner of, or operated or been involved in the management of, a person (the other provider) who provides, or has provided, services of the same, or a similar, kind as the registrable services (whether or not there is a connection to Australia or a resident of Australia), and if so:

(a) the full name of the other provider; and

(b) the key personnel’s role in, or relationship with, the other provider; and

(c) the period for which the key personnel was a beneficial owner of, or operated or was involved in the management of, the other provider.

19 After section 4‑9

Insert:

4‑9A Additional requirements for application for registration as a remittance network provider

If the application is under paragraph 75B(1)(a) of the Act for registration as a remittance network provider, the application must contain the following information:

(a) the number of remittance affiliates that the candidate intends to apply to register under subsection 75B(2) of the Act within the period of 3 years after the candidate’s own registration;

(b) when the candidate intends to begin applying to register remittance affiliates;

(i) applying for, or consenting to, registration of a person as a remittance affiliate;

(ii) submitting reports of suspicious matters on behalf of registered remittance affiliates;

(iii) providing training to registered remittance affiliates.

20 Section 4‑12 (heading)

After “registration as”, insert “a remittance network provider,”.

21 Section 4‑12

After “to be registered as”, insert “a remittance network provider,”.

22 Section 4‑12

Omit “, or as a remittance affiliate”, substitute “or a remittance affiliate”.

23 Paragraph 4‑12(e)

Omit “registration;”, substitute “registration.”.

24 Paragraph 4‑12(f)

Repeal the paragraph.

Schedule 3—Customer due diligence amendments

Anti‑Money Laundering and Counter‑Terrorism Financing Rules 2025

1 After subsection 6‑6(1)

Insert:

(1A) In circumstances where subsection (1) applies, the reporting entity is also taken to have established on reasonable grounds, for the purposes of paragraph 28(2)(e) of the Act, whether any person on whose behalf the customer is receiving the designated service is a politically exposed person or a person designated for targeted financial sanctions.

2 Subsection 6‑6(2) (heading)

Omit “and designated service provided in foreign country”.

3 Paragraph 6‑6(2)(b)

Repeal the paragraph.

4 At the end of section 6‑6

Add:

(3) In circumstances where subsection (2) applies and the reporting entity has established, on reasonable grounds, the matter mentioned in subparagraph (2)(c)(ii), the reporting entity is also taken to have established on reasonable grounds, for the purposes of paragraph 28(2)(e) of the Act, whether any person on whose behalf the customer is receiving the designated service is a politically exposed person or a person designated for targeted financial sanctions.

5 After subsection 6‑7(1)

Insert:

(1A) For the purposes of paragraph 28(6)(b) of the Act, a reporting entity is taken to have established on reasonable grounds the matter mentioned in paragraph 28(2)(d) of the Act in relation to the customer if the reporting entity has established on reasonable grounds that the customer is a government body.

(1B) For the purposes of paragraph 28(6)(b) of the Act, a reporting entity is taken to have established on reasonable grounds the matter mentioned in paragraph 28(2)(d) of the Act in relation to the customer if the reporting entity has established on reasonable grounds that the customer is controlled (whether directly or indirectly) by:

(a) a listed public company that is subject to public disclosure requirements (however imposed) that ensure transparency regarding the identity of any beneficial owner of the company; or

(b) a government body.

(1C) For the purposes of paragraph 28(6)(b) of the Act, a reporting entity is taken to have established on reasonable grounds, for the purposes of paragraph 28(2)(d) of the Act, the identity of an individual who is a beneficial owner of the customer if:

(a) the reporting entity has established on reasonable grounds that the customer is owned in part (whether directly or indirectly) by, but not controlled by:

(i) a listed public company that is subject to public disclosure requirements (however imposed) that ensure transparency regarding the identity of any beneficial owner of the company; or

(ii) a government body; and

(b) the individual is a beneficial owner of:

(i) the company mentioned in subparagraph (a)(i); or

(ii) the body mentioned in subparagraph (a)(ii); and

6 Subsection 6‑7(2)

Omit “subsection (1) applies”, substitute “subsection (1), (1A), (1B) or (1C) applies”.

7 Sections 6‑10 and 6‑11

After “subsection 28(2)”, insert “of the Act”.

8 Subparagraph 6‑18(1)(b)(i)

Repeal the subparagraph.

9 Subparagraph 6‑18(1)(b)(ii)

Omit “an entity”, substitute “a person”.

10 At the end of subsection 6‑24(1)

Add:

Note: In these circumstances, section 28 of the Act and section 6‑23 of this instrument set out matters that (subject to any relevant exceptions) must be established before the reporting entity commences to provide a designated service to the customer.

11 After paragraph 6‑29(1)(a)

Insert:

(ab) the other person has in place measures to ensure compliance with:

(i) if the other person is a reporting entity—the other person’s obligations under Part 2 (Customer due diligence) and Part 10 (Record‑keeping requirements) of the Act; or

(ii) if the other person is a person mentioned in subparagraph (a)(ii)—the equivalent laws of the foreign country;

12 Paragraph 6‑29(2)(b)

Before “the country or countries”, insert “the level of the risks of money laundering, financing of terrorism and proliferation financing in”.

13 After paragraph 6‑31(a)

Insert:

(ab) the other person has in place measures to ensure compliance with:

(i) if the other person is a reporting entity—the other person’s obligations under Part 2 (Customer due diligence) and Part 10 (Record‑keeping requirements) of the Act; or

(ii) if the other person is a person mentioned in subparagraph (a)(ii)—the equivalent laws of the foreign country;

14 Paragraph 6‑32(4)(a)

Omit “15 days”, substitute “28 days”.

15 Paragraph 6‑32(4)(b)

Before “settlement”, insert “3 days before the initially agreed day for the”.

16 Section 6‑33 (after the heading)

Insert:

Reliance on arrangement for collecting and verifying KYC information

17 Section 6‑33

Before “For”, insert “(1)”.

18 Paragraph 6‑33(f)

Omit “15 days”, substitute “28 days”.

19 Paragraph 6‑33(g)

Omit “before the settlement”, substitute “at least 3 days before the initially agreed day for the settlement”.

20 At the end of section 6‑33

Add:

Customer of brokering service does not cooperate

(2) For the purposes of paragraph 28(6)(b) of the Act, a reporting entity is taken to have established on reasonable grounds a matter mentioned in subsection 28(2) of the Act in relation to a customer if:

(a) the designated service is covered by item 1 of table 5 in section 6 of the Act (brokering the sale, purchase or transfer of real estate); and

(b) the customer is the buyer or transferee of the real estate; and

(c) the reporting entity has commenced to provide a designated service covered by item 1 of table 5 in section 6 of the Act to the seller or transferor of the real estate; and

(d) the reporting entity has taken all reasonable steps to establish the matter in in relation to the customer, but has been unable to do so because the customer has not cooperated; and

(e) the reporting entity has recorded the steps taken and any difficulties encountered in attempting to establish the matter; and

(f) the reporting entity has made a record of its consideration of whether there is a suspicious matter reporting obligation for the reporting entity in relation to the customer.

Note: The reporting entity must take into account the customer’s failure to cooperate in determining whether a suspicious matter reporting obligation arises—see section 9‑4A of this instrument.

(3) For the purposes of paragraph 28(6)(b) of the Act, a reporting entity is taken to have established on reasonable grounds a matter mentioned in subsection 28(2) of the Act in relation to a customer if:

(a) the designated service is covered by item 1 of table 5 in section 6 of the Act (brokering the sale, purchase or transfer of real estate); and

(b) the customer is the seller or transferor of the real estate; and

(c) the reporting entity has commenced to provide a designated service covered by item 1 of table 5 in section 6 of the Act to the buyer or transferee of the real estate; and

(d) the reporting entity has taken all reasonable steps to establish the matter in in relation to the customer, but has been unable to do so because the customer has not cooperated; and

(e) the reporting entity has recorded the steps taken and any difficulties encountered in attempting to establish the matter; and

(f) the reporting entity has made a record of its consideration whether the customer’s failure to cooperate gives rise to a suspicious matter reporting obligation for the reporting entity in relation to the customer.

Note: The reporting entity must take into account the customer’s failure to cooperate in determining whether a suspicious matter reporting obligation arises—see section 9‑4A of this instrument.

21 Subparagraph 6‑35(b)(iii)

Omit “and other offences relating to the breach of sanctions”.

22 After subparagraph 6‑35(b)(iii)

Insert:

(iiia) offences relating to the breach of sanctions;

23 After subparagraph 6‑35(b)(v)

Insert:

(va) offences involving prohibited hate groups;

24 At the end of section 6‑37

Add:

; (c) the Corruption and Crime Commission of Western Australia;

(d) the Independent Commission Against Corruption of South Australia;

(e) the Office of the Independent Commissioner Against Corruption of the Northern Territory.

Schedule 4—Miscellaneous amendments

Anti‑Money Laundering and Counter‑Terrorism Financing Rules 2025

1 Section 1‑4 (subparagraph (b)(ii) of the definition of tracing information)

Omit “payer’s”, substitute “payee’s”.

2 Subsection 2‑2(11)

Omit “10(2A)”, substitute “10A(2A)”.

3 Paragraph 5‑5(1)(d)

Repeal the paragraph.

4 After subsection 5‑5(1)

Insert:

(1A) For the purposes of paragraph 26F(3)(e) of the Act, the AML/CTF policies of a reporting entity must ensure that, if the reporting entity establishes on reasonable grounds that the customer, any beneficial owner of the customer or any person on whose behalf the customer is receiving a designated service:

(a) has become a foreign politically exposed person; or

(b) has become a domestic politically exposed person, or an international organisation politically exposed person, in circumstances where the ML/TF risk of the customer is high;

a senior manager of the reporting entity will determine, as soon as practicable after the steps required by section 6‑24 of this instrument are completed, whether the reporting entity will continue a business relationship with the customer.

5 Subsection 5‑5(2)

Omit “subsection (1)”, substitute “subsections (1) and (1A)”.

6 Section 8‑3 (cell at table item 6, column 1)

Repeal the cell, substitute:

(a) the transfer of value is the withdrawal of money from an account held with a financial institution; and

(b) the instruction for the transfer is given by the use of an ATM; and

7 Section 8‑4 (cell at table item 6, column 1)

Repeal the cell, substitute:

(a) the transfer of value is the withdrawal of money from an account held with a financial institution; and

(b) the instruction for the transfer is given by the use of an ATM; and

8 Section 8‑5 (cell at table item 6, column 1)

Repeal the cell, substitute:

(a) the transfer of value is the withdrawal of money from an account held with a financial institution; and

(b) the instruction for the transfer is given by the use of an ATM; and

9 Paragraph 8‑8(7)(b)

Omit “to whom section 6‑42 or 6‑43 applies”, substitute “in relation to whom the reporting entity has met, or is taken to have met, the requirements of sections 28 and 30 of the Act”.

10 At the end of Division 1 of Part 9

Add:

9‑4A Matters to be taken into account—real estate brokering

For the purposes of subsection 41(5) of the Act, in the circumstances described in paragraphs 6‑33(2)(a) to (d) or 6‑33(3)(a) to (d) of this instrument, the failure of the customer to cooperate is a matter to be taken into account in determining whether there are reasonable grounds for the reporting entity to form a suspicion of a kind mentioned in paragraph 41(1)(f), (g), (h), (i) or (j) of the Act.

11 Section 9‑9

Repeal the section, substitute:

9‑9 Reporting and lodgement periods for AML/CTF compliance reports

For the purposes of section 47 of the Act:

(a) the first reporting period after the commencement of this instrument is the period beginning on 1 July 2026 and ending on 30 June 2027; and

(b) each subsequent financial year is a reporting period; and

(c) the period of 3 months beginning after the end of a reporting period mentioned in paragraph (a) or (b) is the lodgement period for that reporting period.

12 After Division 3 of Part 9

Insert:

Division 3A—Amending or withdrawing reports

9‑9A Purpose of this Division

This Division is made for the purposes of subsection 48A(1) of the Act.

9‑9B Reporting entity may amend or withdraw if requested by AUSTRAC CEO

(1) A reporting entity may amend or withdraw a report submitted under section 41, 43 or 46 of the Act only if the AUSTRAC CEO requests that the reporting entity do so.

(2) The AUSTRAC CEO may request a reporting entity to amend or withdraw a report if the AUSTRAC CEO believes that:

(a) the report contains an error; or

(b) the report is a duplicate of another report; or

(d) there are operational reasons for amending or withdrawing the report.

13 At the end of Part 11

Add:

11‑2 Use of computers to take administrative action—prescribed provisions

For the purposes of subsection 228A(1) of the Act, the following provisions of the Act are prescribed:

(a) section 51D;

(b) subsection 75K(2);

11‑3 Applications for reconsideration of decisions made by delegates of the AUSTRAC CEO

For the purposes of paragraph 233D(3)(b) of the Act, an application for reconsideration of a reviewable decision must contain the following information:

(a) the name of the applicant;

(b) the applicant’s ABN, ACN, ARBN and ARSN (as applicable);

(d) the applicant’s email address;

(e) the applicant’s postal address;

(f) the following information about the individual completing the application:

(i) the individual’s full name;

(ii) the individual’s job title or position;

(iii) if the individual is not the applicant—information on the individual’s role or relationship in relation to the applicant;

(iv) the individual’s telephone number;

(v) the individual’s email address;

(g) details of the decision that the applicant is seeking reconsideration of, including the following information (to the extent it is known to the applicant):

(i) the date of the decision;

(ii) the name of the delegate of the AUSTRAC CEO who made the decision;

(iii) the AUSTRAC decision reference number;

(h) the date the applicant was informed of the decision;

(i) the reasons why the applicant is seeking reconsideration of the decision.