Changes to Tipping Off Offence Came into Effect in Australia

Businesses and individuals bound by the tipping off offence must now consider whether a disclosure could be expected to prejudice an investigation, under changes to the AML/CTF laws that came into force on March 31.

The changes to the offence, which carries a maximum penalty of around $39,000 or up to 2 years in prison, are now focussed on the harms that could flow from a disclosure.

AUSTRAC CEO, Mr Brendan Thomas, said the change is part of AML/CTF reforms passed late last year to expand and simplify the legislation.

“The previous legislation was almost 20 years old and a lot has changed in that time,” Mr Thomas said.

“AUSTRAC is about to usher in 100,000 new businesses to the regime next year and they too will be subject to the tipping off offence.

“The change to the offence is about balancing intelligence gathering with practicality to ensure we can all get the best outcome – identifying criminal activity and driving money laundering out of legitimate businesses.

“We need businesses to work with us to detect illicit transactions – tipping off risks criminals getting a heads up. Criminals can then take action to hide or disguise their illegal activities. However, we know that effective information sharing within and between businesses helps stop money laundering.”

Businesses and individuals covered by the AML/CTF legislation, including banks, casinos, remitters and money lenders, are now prohibited from disclosing certain information to another person (other than AUSTRAC), only where it would or could reasonably be expected to prejudice an investigation.

“The move to a focus on harms strikes a better balance between protecting law enforcement investigations and allowing industry to collaborate in fighting money laundering, terrorism financing and other serious crimes.”

While the tipping off offence changes from March 31, most of the obligations under the amended AML/CTF Act will not come into effect until 2026, when entities in real estate, accounting, precious stones and metals and digital assets come under AUSTRAC’s remit.