AML/CTF Act 2006 (Cth)

Keep-open notice — record and suspend default CDD

Cth · AUSTRACDoes (triggered)

A senior member of a qualifying agency may issue a Form 1 keep-open notice requiring the venue to continue providing a designated service to a specified customer in support of a serious-offence investigation (≥2 years imprisonment). When a keep-open notice is in force, the venue is exempt from s.26G/s.28/s.30 obligations to the extent compliance would alert the customer to the investigation. The platform records the Form 1, the expiry date, and any Form 3 extensions, and suspends default CDD/EDD treatment for the affected customer for the duration.

Working draft, not legal advice

The plain-English summary above is drafted by Venue Axis as a navigation aid. The citation is the authoritative source — treat it as the definitive reference. For a legal interpretation of this obligation in your venue's context, talk to your counsel.

Operational metadata

How this obligation operates.

Citation
AML/CTF Act 2006 (Cth) s.39B (Keep open notices; post-reform compilation in force 31 March 2026; inserted by Sch 10 of the AML/CTF Amendment Act 2024) — operationalised by AML/CTF Rules 2025 (F2025L01026) Part 6 Division 12 (Rules 6-38 and 6-39); Form 1 (Schedule 1 to Rules) is the keep-open notice form; Form 3 is the extension form
Read on legislation.nsw.gov.au →
Frequency
On event
Binds
ceo, gm, venue
Strategic tier
Does (triggered)
Venue Axis initiates the regulatory action when conditions are met — e.g. TTR or SMR pipelines triggered at thresholds, escalation dispatch, MVSE breach cross-venue notification.
Consequence of breach

What can go wrong.

Failing to comply with an in-force keep-open notice is a breach of the agency's notice and may obstruct a serious-offence investigation. Conversely, applying default CDD or providing tipping-off-eligible disclosures while a keep-open notice is in force exposes staff to s.123 (tipping-off) liability.

Consequences are summarised from the underlying legislation. Specific penalties depend on the breach pattern, prior history, and the regulator's enforcement posture. Talk to a liquor and gaming lawyer for a definitive view of your venue's exposure.

Related obligations

Other items in AML/CTF Act 2006 (Cth).

Does (enforced)

Maintain a documented AML/CTF programme (Part A)

The venue must have a written AML/CTF programme document covering risk assessment, governance, training, independent review, and transaction

Does (enforced)

Periodic ML/TF risk assessment

The venue must conduct and document a money-laundering / terrorism-financing risk assessment covering customer types, designated services, d

Does (enforced)

Board approval of AML/CTF programme

The governing body of the venue must approve the AML/CTF programme and document that approval.

Supports

Independent evaluation of AML/CTF programme

The programme must be evaluated by an independent party (internal audit, external auditor, or consultant) at least once every three years, w

Does (triggered)

AML/CTF staff training

Employees whose duties include AML/CTF obligations must receive appropriate training and the venue must maintain records of training complet

Does (enforced)

Customer Due Diligence at enrolment

Before providing a designated service above the threshold, the venue must identify the customer and verify their identity using reliable and

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