Insight

How leadership teams can prepare for the new Anti-Money Laundering/Counter-Terrorism Funding (AML/CTF) laws

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Quick summary
  • The AML/CTF Act 2024 introduces stricter governance requirements, including a designated responsible officer, enhanced board oversight, and a shift from a prescriptive to a risk-based, outcomes-focused compliance model.
  • Both existing reporting entities and new entrants under Tranche 2 (lawyers, accountants, real estate agents, etc.) must comply. Deadlines are 31 March 2026 for current entities and 1 July 2026 for new ones.
  • Boards and senior leaders should start now by reviewing governance structures, appointing a qualified AML/CTF compliance officer, and implementing a documented risk-based framework to ensure readiness before compliance deadlines.
Board and senior management governance and oversight is a key component of an organisation's Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) compliance framework.
Contents

Their involvement – along with business leaders and the AML/CTF compliance officer – ensures effective ML/TF risk management, ongoing AML/CTF compliance, the successful definition and embedding of an organisation's AML/CTF compliance culture.

What’s changing?

The reformed AML/CTF Act 2024 introduces specific governance requirements for the governing body, the concept of a responsible officer, and sets out the role and responsibilities of the AML/CTF compliance officer. The Act emphasises a more detailed and proactive approach, mandating explicit risk-based assessments, regular reviews, and a stronger focus on resource allocation and training. 

In other words, the reforms shift governance from a “tick-the-box” approach to an outcomes-based, risk-responsive model, requiring Boards and senior managers to demonstrate proactive oversight and accountability.

These governance requirements apply to both: 

  • Pre-existing reporting entities including financial institutions, gaming and betting, and financial services entities that will need to consider the changes to the legislation by 31 March 2026.
  • New entrants including the ‘Tranche 2’ reforms, which expand AML/CTF compliance to apply from 1 July 2026 to additional professions including lawyers, accountants, real estate agents, property developers, and precious stone dealers. 

Effective governance is critical

Governance plays a crucial role in relation to AML/CTF, as both the Board and business leaders are responsible for setting the organisational tone and ensuring adequate resources such as personnel, technology, and financial investment are allocated to AML/CTF compliance. 

The governing body must ensure the ML/TF risks associated with the organisation’s operations, products, services, and customer base are understood, and that the AML/CTF program aligns with the AML/CTF Act obligations and AML/CTF Rule requirements, addressing the specific ML/TF risks the organisation faces. 

We have identified the following key actions for Boards and business leaders on AML/CTF reform readiness:

  • Active oversight: Boards and governing bodies must take an active role in AML/CTF compliance, moving beyond passive approval to ongoing oversight of program effectiveness.
  • Tone at the top: Establish a strong compliance culture, with governance committees regularly reviewing AML/CTF risks, breaches, and regulatory changes.
  • Enterprise-Wide Risk Assessment (EWRA): Maintain a documented ML/TF and proliferation financing risk assessment that is regularly reviewed and updated to reflect changes in business operations, customer profiles, and regulatory expectations.
  • Dynamic policies: AML/CTF programs must be risk-driven and outcomes-focused, replacing the old prescriptive Part A/Part B structure with integrated governance and control measures.
  • AML/CTF Compliance Officer: Appoint a fit and proper compliance officer with authority and resources to implement and monitor the program.
  • Three lines of defence: Ensure governance structures support independent oversight, internal audit, and operational compliance functions.
  • Regular Board reporting: Provide AML/CTF compliance reports to the governing body at least annually (or more frequently if required), including independent evaluation results and updates to risk assessments.
  • Regulatory communication: Maintain proactive engagement with AUSTRAC, including timely enrolment updates and reporting obligations (SMRs, TTRs, compliance reports).
  • Periodic reviews: Conduct independent evaluations of AML/CTF programs and ensure findings are escalated to senior management and boards.
  • Adaptive governance: Demonstrate that governance frameworks evolve with emerging risks and regulatory changes, focusing on effectiveness rather than mere compliance.

For entities in a reporting group, governance must clarify the role of the lead entity, ensuring it has capacity to set AML/CTF policy outcomes across the group.

We’re here to help

Although AML/CTF requirements for new entrants won't be enforced until 2026, it is vital for both pre-existing entities and new reporting entrants to start planning and preparing for compliance with AML/CTF requirements now. With a short lead time to compliance and limited AML/CTF experts across Australia, demand will only continue to increase as the compliance date approaches. Reach out to our team of leading specialists to help with your requirements.

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