It is an offence to disclose information about an SMR (or that an SMR is required), or about a s.49(1) or s.49B(2) notice, to any person other than an AUSTRAC entrusted person, where the disclosure could reasonably be expected to prejudice an investigation. Two statutory exceptions: (1) s.123(4) crime-prevention disclosure by legal practitioners, accountants, or persons specified in the Rules — defendant bears evidential burden; (2) s.123(5) information-sharing among reporting entities for ML/TF/proliferation-financing/serious-crime detection, deterrence, or disruption — subject to conditions in regulations.
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.
Natural person: imprisonment for 2 years, or 120 penalty units, or both (s.123(1)). Body corporate: up to 600 penalty units by operation of Crimes Act 1914 (Cth) s.4B(3) (5× the natural-person maximum; no contrary intention appears in s.123). Note: s.123 is a criminal offence, not a civil-penalty provision — the s.175(4)–(5) civil-penalty caps (100,000 PU body corporate / 20,000 PU non-body-corporate) do NOT apply.
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.
The venue must have a written AML/CTF programme document covering risk assessment, governance, training, independent review, and transaction…
The venue must conduct and document a money-laundering / terrorism-financing risk assessment covering customer types, designated services, d…
The governing body of the venue must approve the AML/CTF programme and document that approval.
The programme must be evaluated by an independent party (internal audit, external auditor, or consultant) at least once every three years, w…
Employees whose duties include AML/CTF obligations must receive appropriate training and the venue must maintain records of training complet…
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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