Changes to the tipping off offence came into effect today, on 31 March.

The changes to the offence focus on whether disclosing suspicious matter reports (SMR) and other information would or could reasonably be expected to prejudice an investigation. We have published new tipping off guidance to help you understand these changes and comply with your anti-money laundering and counter-terrorism financing (AML/CTF) obligations.

SMR-related information protected by the tipping off offence includes:

• information about a suspicious matter report (SMR) 
• information about notices given to you under sections 49 or 49B of the AML/CTF Act
• requests for information under a notice issued under section 49 or 49B of the AML/CTF Act
• information about suspicious transaction reports under the (now repealed) Financial Transaction Reports Act 1988.

The risks of tipping off

Disclosing information about suspicious activity, known as tipping off, can help criminals take action to hide or disguise their illegal activities and can prejudice investigations. Businesses play a critical role in disrupting criminal activity, and must consider whether disclosing information protected by the tipping off offence would or could reasonably be expected to prejudice an investigation.

It doesn’t matter whether you are aware that an investigation has started or not. Businesses need to consider the potential consequences that disclosure could have on any current or future investigations. 

How the tipping off offence has changed

Before 31 March 2025, reporting entities were prohibited from disclosing that they had given, or were required to give a suspicious matter report under s41(2) of the Act, or any information from which it could reasonably be inferred that they had given or were required to give a report:

• disclosing that they had submitted (or were required to submit) an SMR or provide further information to certain investigating authorities
• disclosing any information that could reasonably lead to the inference that they have submitted (or were required to submit) an SMR.

From 31 March 2025, reporting entities are prohibited from:

• disclosing SMR-related information protected by the tipping off offence to another person (other than an AUSTRAC entrusted person) only if the disclosure would or could reasonably be expected to prejudice an investigation.

For example, it could prejudice an investigation if the information gets back to the subject of a report or notice or, someone they are associated with or the information is publicly released. 

The new offence strikes a better balance between protecting the integrity of law enforcement investigations and allowing industry flexibility to collaborate in fighting money laundering, terrorism financing and other serious crimes.

What you need to do

Read the amended legislation and new tipping off guidance to understand the changes to the offence, including what it means to prejudice an investigation. 

More information

If you have questions about the guidance, tipping off or AML/CTF obligations, email contact@austrac.gov.au.