The Australian government is stepping up its fight against financial crime by proposing tighter Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) regulations for cryptocurrency exchanges, legal services, and real estate businesses. These proposed measures, introduced by the Australian Transaction Reports and Analysis Center (AUSTRAC), aim to close regulatory gaps and improve oversight in high-risk sectors.
What the Proposed Rules Entail
The proposed changes build on amendments to the AML/CTF Act passed in November and are open for public consultation until Feb. 14, 2025. Key aspects of the proposal include:
- Expanded Oversight:
- Cryptocurrency exchanges, legal services, and real estate will face stricter regulatory scrutiny.
- Businesses must verify customer identities through risk-based processes, monitor suspicious transactions, and ensure transparency for cross-border transfers.
- Stricter Travel Rule obligations will apply to international asset transfers, requiring enhanced transparency and traceability.
- Improved Customer Due Diligence (CDD):
- Enhanced customer verification requirements aim to prevent misuse of financial services for illicit activities.
- Outcome-Based Compliance:
- The framework adopts an outcomes-based model, reducing compliance burdens by allowing businesses to tailor measures based on their size, structure, and risk profile.
- Outdated requirements will be removed while retaining necessary exemptions to maintain stability.
Reducing Compliance Complexity
While increasing oversight, the proposal also seeks to ease compliance challenges. The move to an outcomes-based model gives businesses flexibility to design compliance systems suited to their unique circumstances while maintaining high standards. This shift from prescriptive rules aims to strike a balance between rigorous enforcement and operational efficiency.
Recent Regulatory Actions
Australia’s regulatory focus on the cryptocurrency sector has intensified. Just last week, AUSTRAC formed a task force to oversee cryptocurrency ATM operators. The task force aims to enforce minimum compliance standards and reduce the risk of illicit financial flows through crypto ATMs.
This proposed framework is another step in a broader strategy to safeguard the financial system from criminal misuse while enabling legitimate innovation in the crypto space.
