17/08/2026
AML/CTF Compliance Is Not an ID Check: Why NSW's Supervision Guidelines Need Review
Today we wrote to NSW Fair Trading to raise concerns about the need to review and update the current Supervision Guidelines to better reflect the AML/CTF obligations now applying to real estate professionals.
As the industry adapts to the new regulatory environment, it is important that guidance provided to licensees aligns with the practical realities of compliance under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
One area that warrants attention is identity verification.
Historically, identity verification has often been approached as a process of collecting and checking a prescribed set of documents. However, AML/CTF compliance requires much more than confirming a person's identity.
The legislation is based on a risk-based approach, requiring reporting entities to assess and manage risks associated with their customers, services, transactions and business operations. Customer due diligence is only one component of a broader compliance framework that also includes:
✔ AML/CTF risk assessments
✔ Ongoing customer due diligence
✔ Transaction monitoring
✔ Suspicious matter reporting
✔ Governance and oversight arrangements
✔ Staff training and compliance programs
✔ Record-keeping obligations
Our concern is that many businesses may still be viewing AML/CTF compliance through the lens of traditional identification procedures rather than the broader risk-management framework required by law.
This creates a risk that licensees may underestimate their obligations or be persuaded by solutions that focus primarily on onboarding and identity verification while overlooking other critical compliance requirements.
As the real estate sector continues to implement AML/CTF reforms, clear and consistent guidance from regulators will be essential to support compliance and protect businesses from unnecessary regulatory exposure.
The conversation should not be about what identification documents are collected. It should be about whether an agency has implemented a compliant AML/CTF program capable of identifying, assessing and managing risk.
Footnote: Real estate professionals providing designated services are reporting entities under the AML/CTF Act. Compliance obligations extend beyond customer identification and include risk assessments, AML/CTF programs, customer due diligence, transaction monitoring, suspicious matter reporting, governance arrangements and ongoing compliance management.
AUSTRAC