Setting out expectations
Agencies have many steps they can take to prepare before the reform is introduced on 1 July. As reporting entities, real estate agents will need to register with AUSTRAC by March 2026.
Pilkington says agencies should designate a person who is responsible for compliance and that it should be someone at a certain level of seniority. She stresses these team members will need to assist in having “the necessary procedures and processes developed and rolled out”.
Many of the transactions at Laing+Simmons are simple transactions such as individuals buying or selling property.
But when an entity such as a trust, superannuation fund or foreign buyer is purchasing a property, there needs to be a deeper layer of investigation, says Pilkington.
However, she notes there are existing apps to help agents with that process.
If a property buyer refuses to provide the required information or there is an issue with some of the information, agents must file a suspicious matter report with AUSTRAC.
The role of communication
While details of the new reporting regime are still being finalised, and Pilkington says it will be important to keep the framework simple.
Another key challenge, she adds, will be raising awareness of the changes among agents and buyers.
Agencies that are part of a franchise group will likely receive information and education from their franchisors, but small independent agencies might not even be aware this is happening.
“The consumer also needs to be educated about the reforms,” says Pilkington.
“Imagine your reaction if a real estate agent started asking detailed questions about your finances and began looking into where your money came from. We really need AUSTRAC to help inform consumers about what's coming and what they can expect from their next real estate transaction.”
Ultimately, Pilkington highlights that consumers need to be made aware real estate agents will simply be the ones gathering information under these reforms. They won’t be making decisions about whether someone is laundering money or financing terrorism.
The expansion of AML provisions marks a turning point for Australia’s real estate industry; one that strengthens transparency and trust across the economy. CommBank is helping clients to adapt to this new landscape and unlock the benefits of stronger safeguards.