AML Webinar Q&A

AML Webinar Q&A: Every Question From the Session, Answered

On 2 June 2026, Aro hosted a practical webinar on the upcoming AML/CTF Tranche 2 changes with AML advisor Kate Camilleri. The session covered why this is happening, what the new regulatory requirements mean in practice, how to build your compliance program using AUSTRAC’s Starter Kit, and a few situations worth seeing coming before July 2026.

We received 38 questions on the day. Below are the answers to every relevant question raised – grouped by topic to make them easier to find. Business broker questions have their own section at the bottom.

In This Post

1. AUSTRAC Registration

Q: Does every agency have to register with AUSTRAC before 1 July?
A: Yes. All real estate agencies providing designated services must enrol with AUSTRAC before 1 July 2026. Enrol here.
Q: I have completed my registration and all steps with AML Assured. Is there anything more I will get from today? Do I need the Starter Kit? AUSTRAC before 1 July?
A: Yes. You still need to implement a compliance program regardless of which technology provider you are using. Registering and using a tool is not the same as having a program in place. The AUSTRAC Starter Kit guides you through what that program needs to cover.
Q: If choosing to use all the tools that integrate with Aro, do we still need to do the Starter Kit?
A: Yes. Technology supports your compliance program – it does not replace it. You still need to work through the Starter Kit and implement a program regardless of which tools you use.

2. Customer Due Diligence (CDD) - Buyers and Sellers

Q: Do we need to complete ID processes for both buyers and sellers?
A: Yes. Customer due diligence must be completed on both the buyer and seller. You complete it on the party you act for before you start providing the service. You may be able to delay completing it on the other party – where the conditions for delayed CDD are met – up to 28 days after exchange of contracts, or at least three days before settlement, whichever is earlier.
Q: Will we have to formally ID purchasers the same way we do with vendors on Form 6?
A: Yes – see the answer above on CDD for buyers and sellers. The obligation applies to both parties.
Q: If I identify a customer using a passport or driver's licence and they are considered low risk because they are also getting a mortgage, do I need to use an online verification agency that charges a fee?
A: No. You are not required to use a paid technology provider. The AUSTRAC Starter Kit guides you on how to meet your customer due diligence obligations – including how to verify identity – without needing to use a verification service.
Q: How do you check for risk indicators when agents only meet a potential buyer a few times?
A: Agents are not being asked to investigate buyers – only to notice what is already in front of them. The inspection, the offer, and the few meetings you do have are actually key moments. You can observe who is really directing the decision, whether the story holds together, and where the money is said to be coming from.

Assess what you can reasonably observe and record it as you go. Pass any red flags to your compliance officer. Where contact genuinely is too thin to form any view, a buyer who will not meet, will not provide information, or instructs entirely through someone else – that absence is itself one of the risk signals, not a gap you need to account for.

Q: What about experienced agents versus those who are new to the industry?
A: Agents are not being asked to investigate buyers – only to notice what is already in front of them. The inspection, the offer, and the few meetings you do have are actually key moments. You can observe who is really directing the decision, whether the story holds together, and where the money is said to be coming from.

Assess what you can reasonably observe and record it as you go. Pass any red flags to your compliance officer. Where contact genuinely is too thin to form any view, a buyer who will not meet, will not provide information, or instructs entirely through someone else – that absence is itself one of the risk signals, not a gap you need to account for.

Q: If there is no cash involved in a property purchase, can we assume it is not money laundering?
A: No. Do not assume that because a buyer’s funds are coming from a bank account there is no money laundering risk. Physical cash is only one method criminals use to launder money.
Q: What happens with the contract if a risk is identified? Does the transaction not proceed to settlement?
A: The transaction should continue even if you identify a risk. Identifying a potential risk of money laundering is not a reason to stop a transaction.
Q: Can we use reliance on the solicitor if we are using the same system and the buyer has already signed?
A: Reliance does not mean delegating your risk assessment to another party in the same transaction. You must always complete your own risk assessment. In certain circumstances you may rely on information collected and verified by another party to help complete it, but reliance has its own conditions and you remain responsible for your own obligations.

Using the same system as the solicitor can make sharing information easier, but being on a shared platform does not by itself create a reliance arrangement. Reliance can also be established outside a shared platform – the Starter Kit does not require a common system for it.

3. Auctions

Q: When is the buyer check required? Once an offer is accepted and prior to exchange? What about at an auction?
A: The obligation is triggered for the buyer when it is reasonably expected the deal will proceed – typically when the buyer’s offer has been accepted and the contract to buy or transfer is signed. At auction, the obligation is triggered at the fall of the hammer.

4. Contracts and Timing

Q: Are AML obligation checks required for sale contracts signed before 1 July but settling after?
A: No. The obligations apply only to contracts created on or after 1 July 2026.
Q: Was the 14-day grace period that was being discussed earlier still accurate?
A: Not exactly. Customer due diligence must be completed on both the buyer and seller. You complete it on the party you act for before you start providing the service.

You may be able to delay completing it on the other party – where the conditions for delayed CDD are met – up to 28 days after exchange of contracts, or at least three days before settlement, whichever is earlier. This is the delay provision in the legislation, not a general grace period.

Q: If an agent no longer holds a trust account after 30 June, do they still have AML obligations?
A:  Your AML/CTF obligations come from brokering the sale, purchase or transfer of real estate – not from holding a trust account. Closing or transferring your trust account does not, by itself, change your compliance position.

If you are still brokering sales after 30 June, you remain a reporting entity with the same obligations. Those obligations do not pass to the solicitor. The solicitor has their own obligations for the services they provide, and you do not take those on.

The only thing that would change your AML position is if you stop providing the designated service itself – that is, stop brokering sales. If your trust account is changing because your business structure is changing, it is worth confirming with an adviser whether you are still providing a designated service.

5. Overseas Buyers and Funds

Q: Will overseas buyer deals require more checks?
A: It depends on the specifics – being a foreign or non-resident buyer is not automatically high-risk. The Starter Kit does not have a blanket “overseas = more checks” rule.

What it does flag are specific factors that often come up in cross-border deals: a buyer connected to a high-risk country, funds coming from overseas with no clear connection to the buyer, a foreign politically exposed person (PEP), or an offshore or shell company structure that makes it difficult to identify who is really behind the purchase.

A foreign resident buying normally, from a low-risk country, with explainable funds is not automatically high-risk – though verifying their identity may take more work. Where the deal touches a high-risk country, a foreign PEP, or an offshore structure, that triggers enhanced due diligence. It is not the passport that matters – it is the combination of where the money is from, what country it is connected to, and whether the structure makes it hard to see who is behind the deal.

Q: Can we accept settlement funds from an overseas buyer transferred from an overseas bank?
A: Yes. You can accept settlement funds from an overseas bank. But funds coming from overseas – especially from a country with no clear connection to the buyer, or from a high-risk jurisdiction – is a risk factor the Starter Kit flags. That may prompt you to establish and verify the source of funds: confirm where the money came from, on reasonable grounds, with evidence you can rely on.

The questions to ask: does the country the funds came from make sense for this buyer? Is it a high-risk jurisdiction? Does the origin of the money match what they have told you? If it all adds up, record it and proceed. If it does not – funds from somewhere with no link to the buyer, or from a high-risk country – that is when you complete the deeper check or escalate. The overseas transfer is not the problem; an unexplained overseas transfer is.

6. Risk Assessment and Source of Funds

Q: If a buyer says they sold their business for $1.85M, do I have to ask for confirmation? Such as a contract of sale or bank statements?
A: Yes. An unfinanced, high-value purchase is a risk factor in the Starter Kit’s risk assessment and prompts further checks. Part of that is establishing and verifying source of funds and source of wealth.

That means more than just asking. The Starter Kit‘s process is to collect documents or other forms of evidence that you can use to verify the information provided on reasonable grounds. For a business sale, that might include a signed letter from a certified practising accountant confirming the source, or a copy of the sale record.

The standard is “on reasonable grounds” – you are satisfying yourself with reliable, independent evidence. If the information is unclear or from an unusual source, ask for more. You can explain this is required under your AML/CTF obligations. Record what you checked, and the deal proceeds.

7. Technology, Tools and Integrations

Q: Will Aro be integrating with Secure Exchange?
A: No. At this stage, Aro will integrate with AML Assured and PEXA Clear.
Q: Can you provide more details on the PEXA Clear integration?
A: We will be announcing the PEXA Clear integration officially as soon as possible. In the meantime, you can learn more about the product at pexaclear.com.au.

8. General Compliance Questions

Q: If you are on a shared platform with a solicitor, does that create a reliance arrangement?
A: No. Being on a shared platform makes sharing information easier but does not by itself create a reliance arrangement. Reliance has its own specific conditions under the legislation and can be established outside of a shared system. Refer to the answer on reliance above for full details.

9. Business Brokers

We received a number of questions specifically from business brokers. The position for business brokers is more complex than for real estate agencies – whether you are captured at all depends on how your deals are structured. We have grouped all broker-specific questions here.
Q: We are business brokers and do not sell real estate. Are we captured by the AML changes?

A: If there is no real estate in your deals, first consider whether you are caught at all – or whether you may be caught by a different designated service. Assisting someone to sell, buy or transfer a body corporate or legal arrangement may apply to business sales structured as share or entity transfers, but not always.

Many business sales are structured as asset sales rather than transfers of the entity itself. Asset sales may not be a designated service at all. Depending on how your deals are structured, you may or may not be captured.

It would be advisable to confirm your position with an AML adviser or lawyer first. Relevant AUSTRAC links: Check if you need to enrol and Designated services for newly regulated entities.

Q: Which AUSTRAC Starter Kit would business brokers follow?

A: This depends on which of your services are captured and how they are classified. Once you have confirmed which designated services apply to your business, choose a Starter Kit that matches. Many providers cater for multiple designated service types. Confirm your position with an AML adviser or lawyer before proceeding. Refer to the AUSTRAC links in the answer above.

Q: Do business brokers have AML/CTF obligations for both vendors and buyers?

A: Yes – if the broker is brokering the sale, purchase and transfer of real estate. See the answer above for further detail on how designated services apply to business brokers specifically.

Watch the full session

The webinar replay is available now. Covers what Tranche 2 means in practice, how to build your compliance program, and the situations worth seeing coming before July 2026.

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