From 1 July 2026, the Anti-Money Laundering and Counter-Terrorism Financing (or ‘AML/CTF’) law will expand to include a range of additional professions, including lawyers. Here is what it means for you, and what you can expect.
Do I need to do an AML check?
The AML/CTF law will affect many legal services, especially transactional ones (such as buying or selling property). If the AML/CTF law applies to your matter, your lawyer cannot act for you until they have completed an AML check.
Because the AML/CTF law is a Commonwealth law, it affects our clients in both NSW and the ACT.
What is an AML check?
We will need to verify your identity and conduct a risk-assessment for your matter. To do so:
- we will check your ID documents;
- where relevant, we will confirm where funds used for a transaction are coming from (for example, savings, sale of a property, borrowing, or a gift); and
- if our client is a company or trust, we will identify the people who own or control that company or trust.
You can choose to conduct your AML check remotely through a secure online portal, or in person at either our Deakin or Queanbeyan office.
What documents do I need?
You will normally need a citizenship document (such as a passport). If you do not have a passport, you can provide a Medicare card and another citizenship document (such as a birth certificate or citizenship certificate) instead.
You will also need a photo ID document with your address on it, such as a driver licence or proof-of-age card.
If our client is a company or trust, we may also need to see company or trust documents (such as a company constitution or trust deeds).
Will it slow down my matter?
If your required documents are ready and available, then no. An AML check will normally only take five or ten minutes at most.
However, the AML/CTF law prevents us from acting in your matter until your AML check is complete. This means that delays in providing required documents or information can also cause delays to your matter.
What if my real estate agent has already done one?
The AML/CTF law is broad – it also covers accountants, real estate agents, and conveyancers, who each have their own obligations. In most cases, we still need to carry out our own check because we remain responsible for meeting our obligations even where another business has already met theirs.
We are here to help
The new AML/CTF laws are a significant change, but do not need to be a difficult one. We are here to help guide you through the process.
This article is current as at 1 July 2026
elringtons lawyers regularly provide legal advice in relation to a range of property and conveyancing matters across the ACT and NSW. Please contact our Property and Conveyancing Team for more information or to make an appointment:
Call (02) 6206 1300 or email info@elringtons.com.au
