AML/CTF Law Changes – Tipping Off Offence Update

— Vicki Guo

Key Changes Effective Now: 

  • Businesses and individuals bound by AML/CTF laws must now assess whether disclosing information could prejudice an investigation before sharing it (other than with AUSTRAC). 
  • The updated tipping off offence focuses on potential harm, with penalties remaining severe (up to $39,000 or 2 years’ imprisonment). 

 

Purpose: 

  • Balances intelligence gathering with practicality to enhance crime detection while preventing criminals from being alerted. 
  • Encourages legitimate information sharing within and between businesses to combat money laundering and terrorism financing. 

 

AUSTRAC’s Stance:  

  • Reforms modernize outdated laws ahead of expanding coverage to 100,000+ new businesses (e.g., real estate, accountants) in 2026. 
  • Goal: Strengthen collaboration between industry and law enforcement without compromising investigations. 

 

Next Steps: 

  • Current sectors (banks, casinos, remitters, etc.) must comply immediately. 
  • Additional AML/CTF obligations for newly regulated industries take effect in 2026. 


Action Required:
 Review disclosure protocols to ensure compliance with the harm-based test. 

 

 

 

 

Apr 2025