Since 28 August 2026, AUSTRAC has been sending section 167 notices to businesses that appear to provide designated services under Australia’s anti-money laundering laws but have not enrolled. Real estate agents, accountants, lawyers and jewellers are among those receiving them. If one has landed on your desk, this guide explains what it is and the steps to take, in plain English.

It is general information, not legal advice. A section 167 notice is a formal legal document, and if you are unsure how to respond, speak to a lawyer or adviser before you reply.

What is a section 167 notice?

Section 167 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) lets an AUSTRAC authorised officer require a person to give information, produce documents, or make and produce copies of documents. A notice can be given where the officer reasonably believes the person has information or documents relevant to compliance with, or enforcement of, the AML/CTF Act.

In the notices sent since August, AUSTRAC is asking for information to help it decide whether a business is providing designated services and meeting its obligations, starting with enrolment.

Is it a fine?

No. A section 167 notice is an information-gathering tool, not a penalty, and it does not by itself mean enforcement action will follow. AUSTRAC has said its focus is on helping businesses understand and meet their obligations.

What you send back still matters. The information you provide helps AUSTRAC decide what happens next, and in September 2026 it began issuing infringement notices to businesses it believes failed to enrol on time.

Do you have to respond?

Yes. You must comply with the notice even if you believe your business does not need to enrol. Not complying can be an offence, punishable by up to six months’ imprisonment, a fine of 30 penalty units, or both, and the requirement to comply is also a separate civil penalty provision.

Step by step: what to do

1. Read the notice and diarise the deadline

Note exactly what the notice asks for and the date by which it must be provided. The response period is set in the notice itself. If you genuinely cannot meet it, contact AUSTRAC before the deadline rather than after.

2. Do not ignore it, and do not guess

The worst response is no response. The second worst is a quick reply that describes your business inaccurately. If AUSTRAC wrongly concludes you provide designated services, or that you don’t, the consequences follow you.

3. Work out whether you provide a designated service

Obligations attach to the services you provide, not your profession. A real estate agency that brokers property sales and an agency that only manages rentals may be in very different positions. Check your services against AUSTRAC’s guidance on designated services, and record how you reached your conclusion.

4. Gather what the notice asks for

Notices sent to real estate agencies, as reported by industry press, asked for records covering AUSTRAC enrolment, business structure, operations, services, payment methods and brokering arrangements, including agency agreements and contracts of sale. Your notice may ask for different things. Provide what is requested, organised so it is easy to follow.

5. Check for privileged material

If you believe some requested information or documents are protected by legal professional privilege, the Act sets out a process: you give AUSTRAC an LPP form for that material within the period specified in the notice. This is mainly relevant to law firms and anyone holding legal advice, and it is a point to take advice on.

6. If you should have enrolled, fix it now

If working through the notice shows you provide a designated service and are not enrolled, enrol straight away and say so in your response. AUSTRAC has said that contacting it for help is not a red flag. Its contact centre is on 1300 021 037.

7. Keep a copy of everything

Keep the notice, your response, every document provided and a note of when and how you sent it. If AUSTRAC follows up, you will need to show exactly what you gave it.

What AUSTRAC will look at next

Once a business is enrolled, the questions change from ‘are you regulated?’ to ‘can you show you are meeting your obligations?’. That means your AML/CTF program, your compliance officer, and records of customer due diligence, including identity verification and PEP, sanctions, and adverse media screening.

For a small firm, the practical test is simple: if AUSTRAC asked tomorrow which checks you ran on a particular client, and when, could you show it?

Frequently asked questions

Is a section 167 notice a fine?

No. It is an information-gathering tool and does not by itself mean enforcement action will follow. Your response still informs what AUSTRAC does next.

Do I have to respond if I don’t think my business needs to enrol?

Yes. You must comply with the notice even if you believe you are not required to enrol. Use your response to explain accurately what services you provide.

What happens if I don’t respond?

Not complying can be an offence, punishable by up to six months’ imprisonment, a fine of 30 penalty units, or both. The requirement to comply is also a separate civil penalty provision.

Can I contact AUSTRAC for help?

Yes. AUSTRAC has said contacting it for help is not a red flag. Its contact centre is on 1300 021 037.

How NameScan can help

NameScan lets small firms run PEP, sanctions, and adverse media checks on a pay-as-you-go basis, with a record of each check. It does not replace your AML/CTF program or legal advice, but it gives you the screening evidence AUSTRAC expects to see once you are enrolled.

Start screening with NameScan, or read more about what AUSTRAC can do if you don’t comply with Tranche 2.