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AUSTRAC Tranche 2 · Real estate

AUSTRAC penalties and fines explained

From 1 July 2026, real estate agents fall under AUSTRAC's enforcement framework. Civil penalties run to $33 million for companies. Tipping off is a criminal offence. Here is what the bands look like and where the risk concentrates.

The civil penalty bands

Maximum civil penalties under the AML/CTF Act are set by reference to the corporate and individual penalty units in force at the time. As of 2024, the maximum penalty per contravention is approximately $33 million for a body corporate and approximately $5.5 million for an individual. Multiple contraventions can be charged separately.

AUSTRAC also has a lower-tier infringement-notice regime for less serious contraventions, used to penalise systemic record-keeping or reporting failures without going to Federal Court.

Where the operational risk concentrates

Looking at how AUSTRAC has enforced against existing regulated entities (banks, casinos, remitters), the contraventions that produce the largest civil-penalty outcomes are systemic — not one-off mistakes.

  • Failure to identify customers or verify identity to the program standard.
  • Failure to monitor for and report suspicious matters in time.
  • Failure to report threshold transactions on time.
  • Inadequate AML/CTF program or program not approved by the right governance body.
  • Failure to provide training or maintain records the program requires.

Tipping off is a criminal offence

If your agency lodges a Suspicious Matter Report (SMR), you must not disclose the existence or content of that report to the customer or to anyone outside your agency's reporting workflow. Tipping off carries criminal exposure — up to two years' imprisonment under the AML/CTF Act. AustracCheck's audit log marks SMR-linked customer records so internal handovers between staff stay inside the tipping-off boundary.

What lowers your enforcement exposure

AUSTRAC publicly states that an entity's enforcement posture turns on whether the program is adequate, properly governed, and documented — and whether the entity is co-operative once a problem is identified. An agency that runs its workflow inside a tool with a timestamped audit log is in a materially stronger position than one running on email threads and shared spreadsheets when an audit lands.

Tool not legal advice

AustracCheck is a workspace tool. For enforcement-risk-specific advice on your circumstances, engage a qualified Australian lawyer or compliance specialist.

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Frequently asked questions

Are real estate agencies captured under AUSTRAC Tranche 2?+

Most are. If your agency provides designated services — brokering property sales or purchases, selling or transferring real estate — and has a geographical link to Australia, you are likely a Tranche 2 reporting entity from 1 July 2026.

What does my agency have to do by 1 July 2026?+

At minimum: enrol with AUSTRAC, document an AML/CTF program (Part A risk-based + Part B customer due diligence), train staff, keep records for seven years, and lodge any reportable transactions. The exact obligations depend on your services and risk profile.

Does AustracCheck file anything with AUSTRAC?+

No. AustracCheck is a workspace tool. It generates templates, checklists, trackers, and an audit log. Every report you need to lodge with AUSTRAC, your agency lodges through AUSTRAC's own channels.

How quickly can my agency be set up?+

Most agencies are using the workspace the same day they sign up. The platform tailors templates and a compliance checklist from a short onboarding questionnaire (10–15 minutes). Review, customise, and adopt at your own pace.

What are the penalties for non-compliance?+

Up to $33 million for companies and $5.5 million for individuals per breach, plus potential criminal prosecution for serious offences such as tipping off. AUSTRAC publishes enforcement outcomes regularly.

Get your agency compliant before 1 July 2026

AustracCheck is a workspace tool — templates, checklists, sanctions screening, and an audit log — purpose-built for Australian real estate. Every regulatory decision stays with your agency; we make the next right action obvious.