Do I still need a solicitor for AML/CTF Tranche 2 compliance?

Yes. HeadStart Docs products are digital publications that give you a substantial head start, but they must be reviewed and tailored by a qualified solicitor to your specific business circumstances before implementation.

How is HeadStart Docs different from the free AUSTRAC Starter Kits?

AUSTRAC Starter Kits are generic starting points that require significant customisation. HeadStart products are sector-specific, pre-populated with industry-relevant risk factors and scenarios, and include 12 months of AML Portal access for ongoing compliance including screening, record keeping and reporting tools.

What if the AML/CTF rules change after I purchase?

Your digital products are yours to keep. If significant regulatory changes occur, updated versions will be available to active portal subscribers. The AML Portal itself is continuously updated to reflect current AUSTRAC requirements and sanctions lists.

What happens after my 12-month AML portal access expires?

Your documentation is yours forever. To continue using the AML Portal (screening tools, compliance calendar, record keeping), you pay $35 per customer CDD. Cancel anytime — no subscription required.

Is HeadStart Docs a law firm?

No. HeadStart Docs is a digital publisher and platform provider. We sell digital compliance products and portal access. We do not provide legal advice. Referrals for legal advice can be made to our related law firm, HeadStart Counsel.

When does AML/CTF Tranche 2 commence in Australia?

Tranche 2 AML/CTF obligations commence on 1 July 2026. All reporting entities in designated sectors including lawyers, accountants, real estate agents, conveyancers, and trust and company service providers must have their AML/CTF programs in place by this date.

Tranche 2 Resource

Designated Services Decision Trees

Name: HeadStart Docs
Brand: HeadStart Docs
Price: 679 AUD

Get a HeadStart on Tranche 2 AML/CTF compliance with clear, visual decision trees.

13 Trees

Table 2, 5 & 6 Coverage

Printable PDFs

Featured: Real Estate Transfers

Table 6, Item 1

Assisting in Real Estate Transfers Decision Tree

Designated Service Table 6 (Professional Services), Item 1 (Assisting in Real Estate Transfers)

StartQuestionExcludedMonitorTriggered

START

1. The "Business" Test

Is the service provided in the course of carrying on a business?

Note: Clubs & associations serving members are included (s 20)

YES

OUT OF SCOPE

Private capacity / Non-commercial

2. The "Customer" Test

Is the service for an external person?

Check s 6(6A) & s 10A:

Is the customer a member of your business group? (e.g., parent, subsidiary, common control)

YES

EXCLUDED (Intra-Group)

Service provided to self or wholly-owned group

3. Agreement to Act

Have you agreed (or signed an agreement) to act on behalf of the client?

YES

SERVICE NOT STARTED

Engagement not yet started

4. Barrister Exclusion (s 6(6B))

Are you a barrister acting on instructions from a solicitor?

YES

EXCLUDED

Barrister on instructions from solicitor (6(6B))

5. Court Order Exclusion

Is the transfer pursuant to, or resulting from, an order of a court or tribunal?

Excluded (EM examples):

•Estate lawyers: transfer following court-ordered grant of probate/letters of administration
•Family lawyers: property settlement following separation when ordered by court (including consent orders)
•Trustee in bankruptcy appointed by court or AFSA
•Registered liquidator appointed by court to transfer real estate to a creditor

Also excluded:

•Probate / transmission applications
•Testamentary trusts (will-created)

BUT NOT Binding Financial Agreements (private contract, not court order)

YES

EXCLUDED

Resulting from court order

6. "Geographical Link" Test (s 6(6))

Is there a link to Australia?

Check:

•Service at Australian Perm. Establishment?
•OR Provider is AU Resident (via foreign office)?
•OR Provider is subsidiary of AU company?

YES

EXCLUDED

No geographical link (s 6(6))

7. The "Real Estate" Test (s 5)

Does the asset meet the strict definition?

Includes:

•Fee simple interest (land/buildings)
•Land use entitlement (e.g. land use shares)
•Leasehold interest > 30 years* (total term)
•Crown and pastoral leases (interests > 30 years)
•Subdivision arrangements (strata title, community title, company title)
•Foreign land equivalents

Excludes:

•Leasehold interest ≤ 30 years
•Interest of a mortgagee (mortgage registration only)
•Incorporeal hereditaments (easements/covenants)
•Mobile homes/caravans (dwelling owned, but land leased for ≤ 30 years)

*Act s 5 defines as 30 years. EM para 304 refers to 20 years (likely drafting error).

YES

NOT REAL ESTATE

Asset type excluded by s 5

8. The "Transaction" Trigger

Does a real transaction exist? (not hypothetical)

Has a price been agreed?

Check:

•Auction: property knocked down/met reserve?
•Private treaty: price agreed (verbally or in writing)?

YES

MONITOR

Pre-agreement phase.

Triggered when real buyer appears or price agreed (whichever first).

9. The "Activity" Test

Are we assisting to plan or execute by advancing the transaction?

Yes (advancing - EM examples):

•Preparing/reviewing/lodging contract of sale and transfer of land instrument
•Researching property titles, strata documents, land use specifications
•Coordinating with financial institutions (payments, discharge of mortgage)
•Holding funds on behalf of buyer, disbursing trust funds at settlement (also Item 3)
•Preparing for financial settlement
•Preparing documents for registry authority

No (not advancing):

•Hypothetical advice (pre-transaction)
•Land title searches unrelated to actual transaction
•Advice on legal consequences of termination (no execution)

Note: Activity must relate to an actual transaction. Searches unrelated to a sale/purchase/transfer NOT captured.

YES

ADVICE ONLY

Activity does not advance transaction

DESIGNATED SERVICE TRIGGERED

Disclaimer: This decision tree is provided for general information only and does not constitute legal advice. You should seek advice specific to your circumstances.

More Decision Trees

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Table 6, Item 2

Assisting with Transfer of Company, Business, Trust etc Decision Tree

Professional Services

Table 6, Item 3

Assisting with Holding/Managing Assets for Transaction Decision Tree

Professional Services

Table 6, Item 4

Assisting with Equity/Debt Financing Decision Tree

Professional Services

Table 6, Item 5

Sale/Transfer of Shelf Company Decision Tree

Professional Services

Table 6, Item 6

Assisting with Creation or Restructure of Company etc Decision Tree

Professional Services

Table 6, Item 7

Acting/Arranging a Nominee Director, Fiduciary, Partner etc Decision Tree

Professional Services

Table 6, Item 8

Acting as Nominee Shareholder Decision Tree

Professional Services

Table 6, Item 9

Providing Registered Office/Business Address Decision Tree

Professional Services

Table 5, Item 1

Brokering Real Estate Sale/Purchase/Transfer Decision Tree

Real Estate

Table 5, Item 2

Selling Real Estate Without Independent Agent Decision Tree

Real Estate

Table 2, Item 1

Buying or Selling Bullion Decision Tree

Precious Metals

Table 2, Item 2

Precious Metals/Stones/Products Decision Tree

Precious Metals

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Important – not a legal determination: These decision trees map publicly available regulatory criteria for general information purposes only. They do not constitute legal advice or a definitive determination of your obligations. Results use conditional language ("may be", "could be") because the determination of whether specific services are designated services depends on individual circumstances that require professional legal analysis. You must obtain independent legal advice to confirm your obligations before making compliance decisions.