Changes to anti-money laundering legislation

From 1 July 2026, changes to the Anti-Money Laundering and Counter Terrorism Financing Act (2006) (Cth) (AML Act) place certain obligations on Australian lawyers when providing legal services in respect of potential money laundering, terrorism financing and proliferation financing (funding weapons of mass destruction) activities.

The changes aim to protect the broader community by detecting and disrupting financially enabled crime including terrorism, slavery, drug trafficking and child exploitation, and bring Australia in-line with international standards.

The AML Act requires Thynne + Macartney to collect personal information (know your customer (KYC)), conduct due diligence and to assess and respond to risks of prohibited activities under the AML Act where we provide legal services to you.

The new obligations

For new matters from 1 July 2026, we may be required to perform Client Due Diligence (CDD) enquiries of you prior to providing you with legal services.

The CDD process may include:

• Verifying your identity and the identity of parties related to the service we are providing.
• Asking you to provide information about the ownership or control of a company, trust or other entity.
• Understanding the source of your funds and income.
• Asking you to update such information from time to time.

What do I need to do?

Thynne + Macartney will advise what we require from you in relation to AML Act obligations during the onboarding/new matter opening process.

For new matters opened after 1 July 2026, some clients will be asked to complete a Client Due Diligence Form (CDD Form) through our secure, online identify verification portal, powered by APLYiD. You may receive this form via email directly from a Thynne + Macartney staff member, or APLYiD.

If required to do so, completing the CDD Form is a mandatory step in our onboarding process. The digital CDD Form includes step-by-step instructions and our team is here to help if you have any questions or difficulties.

How we will collect and manage your information

We will collect, use and store information collected for or in connection with CDD enquiries in accordance with the AML Act, applicable AML/CTF regulations and the Privacy Act 1988 (Cth). Where information is collected for another purpose, it may not be Privacy Act regulated but will be dealt with in accordance with applicable laws.

We will share this information:

• as appropriate, with other transaction parties to perform legal services for you
• to conduct verification checks of the information we are provided
• with joint clients if we are providing services to more than one person in this matter
• if required or permitted by law, including the AML/CTF laws, the Australian Solicitors Conduct Rules or other statutory (government) notices such as taxation authorities
• in rare cases we may be prohibited from disclosing to you that your information has been shared with a law enforcement body such as AUSTRAC or the ACCC
• if a party to this transaction is overseas, we may share your information with them for the purposes stated above.

We also share information that will or may be processed by APLYiD outside Australia

Contact our Onboarding team

onboarding@thymac.com.au

+61 7 3231 8888

Frequently Asked Questions

I received an email requesting my personal information. Is this a legitimate communication from Thynne + Macartney?

As with all email communications, we recommend you telephone your Thynne + Macartney contact on a verified telephone number to verify the authenticity of the email where you are concerned about the veracity of the email (including all emails containing bank account details).  

What happens if I don’t complete the form?

In most cases, we are unable to act on your behalf prior to the completion of the client due diligence form. This means we cannot provide advice, speak to third parties about your matter or assist you with a transaction.

I am an existing client, does this apply to me?

There may be a requirement for existing clients of the firm to complete AML due diligence after 1 July 2026. We will advise you if this is the case.

Matters opened prior to 1 July 2026 are not required to undertake this process unless we notify you.

I’ve already shown you my ID, why do I have to complete the client onboarding form?

Requirements under the AML Act specify that we must conduct a specific identity verification process that goes beyond sighting your driver’s licence or passport.

I’m having trouble uploading documents to the client onboarding form, can someone help me?

Yes, please email your Thynne + Macartney contact or call us on +61 7 3231 8888 and ask to speak to the partner or solicitor working with you.

I don’t know the full name/email of a trustee/owner/beneficiary, how should I proceed?

Yes, please email your Thynne + Macartney contact or call us on +61 7 3231 8888 and ask to speak to the partner or solicitor working with you.

I don’t have all the documents required for upload, can I save the form and finish later?

Yes. Select Save & Finish Later. We will send you a reminder to complete the form.