Terms of Reference

The adequacy and efficacy of Australia's anti-money laundering and counter-terrorism (AML/CTF) regime, with particular reference to:

  1. the extent to which the Australian Transaction Reports and Analysis Centre:
    1. responds to and relies upon reporting by designated services, and
    2. identifies emerging problems based on this reporting;
  2. the extent to which Australia’s AML/CTF regulatory arrangements could be strengthened to:
    1. address governance and risk-management weaknesses within designated services, and
    2. identify weaknesses before systemic or large-scale AML/CTF breaches occur;
  3. the effectiveness of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (the Act) to prevent money laundering outside the banking sector;
  4. the attractiveness of Australia as a destination for proceeds of foreign crime and corruption, including evidence of such proceeds in the Australian real estate and other markets since the enactment of the Act;
  5. Australia’s compliance with the Financial Action Task Force (FATF) recommendations and the Commonwealth Government’s response to:
    1. applicable recommendations in applicable FATF reports, and
    2. the April 2016 Report on the statutory review of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and associated rules and regulations;
  6. the extent to which adherence with FATF recommendations prevents systemic and reputational risks to Australia, the Australian economy, and Australia’s capacity to access international capital;
  7. the regulatory impact, costs and benefits of extending AML/CTF reporting obligations to designated non-financial businesses and professions (DNFBPs or ‘gatekeeper professions’), often referred to as ‘Tranche two’ legislation;
  8. the extent to which:
    1. DNFBPs take account of money laundering and terrorism financing risks, and
    2. the existing professional obligations on DNFBPs are compatible with AML/CTF reporting obligations; and
  9. any other related matter.

Committee Secretariat contact:

Committee Secretary
Senate Legal and Constitutional Affairs Committee
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3560
legcon.sen@aph.gov.au

Past Public Hearings

10 Nov 2021: Canberra
09 Nov 2021: Canberra

more...

Inquiry Status

Report Tabled

Accessibility

We are committed to ensuring that everyone who wishes to can participate in the Committee’s inquiry. If you have accessibility requirements, please contact the Committee Secretariat.

Further information regarding accessibility can be found at www.aph.gov.au/Help/Accessibility