Scope and legal framework

Understand which services, entities and legal conditions matter.

• Does AML regulation follow your service or your profession?

  Map the work your business performs before you decide whether it is regulated.

• Can an occasional service bring your business into scope?

  Low frequency is not a complete reason to exclude a business activity from AML regulation.

• How does the Australian geographical link affect scope?

  Check the service provider and establishment, rather than relying only on the customer’s location.

• What is the difference between enrolment and registration?

  These are separate AUSTRAC processes, and registration applies to particular service providers.

• How should you record a decision that a service is outside scope?

  Keep the facts and reasoning behind an uncertain scope conclusion so you can explain it later.

• When does professional advice become transaction assistance?

  For relevant table 6 services, examine whether your actions directly advance the specified outcome.

• Does a reporting group replace each entity’s responsibility?

  Group arrangements can share compliance work while member entities remain accountable.

• AML for legal practices

  A legal practice must assess the designated services it provides; its professional title alone does not determine every obligation.

• AML for accounting practices

  An accounting practice should assess its actual services against the professional designated-service rules.

• AML for real estate businesses

  Real-estate scope depends on the designated service and arrangement, not simply the value of a property transaction.

• AML for bullion dealers

  Bullion dealing has its own AUSTRAC industry guidance and should not be treated as identical to every jewellery business.

• AML for remittance providers

  Remittance providers need to distinguish their service role, registration arrangements and international transfer reporting process.

• AML for virtual asset providers

  Virtual-asset providers need to assess each service and its applicable commencement or transitional rules.

• Casino AML obligations

  Casino guidance connects customer checks with chip purchases, gaming activity, payments and reporting.

• AML for banking services

  Banking AML controls need to connect service-level obligations with customer, transaction and reporting information.