Do conveyancer privacy and AML obligations differ by state?
Mostly no. The AML/CTF and Privacy Act obligations that landed on 1 July 2026 are federal, so they apply the same whether you practise in NSW, Victoria, SA, WA or elsewhere. What differs between states is the professional title ("licensed conveyancer," WA "settlement agent," or a solicitor in QLD and the ACT) and which body licenses you.
By Jon Oates, Founder of Privaproof · Last updated
‹ Conveyancer privacy compliance hub
General information, not legal advice. Your obligations depend on your circumstances.
Is the obligation the same in every state?
It's a natural assumption that rules like these vary state to state, the way conveyancing licensing does. Here they don't. Both of the obligations that arrived on 1 July 2026 are Commonwealth law:
- The AML/CTF capture comes from a federal designated service under the AML/CTF Act, defined by the activity of assisting to buy, sell or transfer real estate.
- The Privacy Act consequence comes from s 6E(1A) of the Privacy Act 1988 (Cth), a federal provision that applies the Act to the personal information you handle for AML/CTF.
Because both are national, the substance of what you must do (enrol with AUSTRAC, run customer due diligence, keep records, have an APP 1 privacy policy and APP 5 collection notices) is the same in every state and territory.
What actually differs by state?
Two things vary, and neither changes the federal obligation:
- The professional label. In NSW, Victoria, South Australia and Tasmania the work is done by licensed conveyancers; in Western Australia by licensed settlement agents; in Queensland and the ACT it's largely done by solicitors. Because the AML designated service is defined by the activity, the capture is the same regardless of the title on your door.
- Your state licensing regulator. Each jurisdiction licenses and supervises the profession under its own legislation: for example, WA settlement agents under the Settlement Agents Act 1981 (WA), administered by Consumer Protection. Those state trust-account, insurance and conduct rules continue exactly as before; the federal AML and privacy obligations sit on top of them, not instead of them.
| Jurisdiction | Who does conveyancing | The 1 July 2026 obligation |
|---|---|---|
| NSW / VIC / SA / TAS | Licensed conveyancers | Same: federal AML/CTF + Privacy Act (s 6E(1A)) |
| WA | Licensed settlement agents | Same: federal AML/CTF + Privacy Act (s 6E(1A)) |
| QLD / ACT | Largely solicitors | Same: federal AML/CTF + Privacy Act (s 6E(1A)) |
Why does this matter for how you read the guidance?
Almost all of the published guidance says "conveyancer." If you're a WA settlement agent, or a solicitor doing conveyancing in Queensland, it's easy to assume it isn't about you, but the activity-based capture means it is. Don't let a difference in job title convince you the obligation is different; check the service you provide, not the word on your licence. (WA settlement agents can start with Do WA settlement agents need a privacy policy and AUSTRAC enrolment in 2026?.)
The one genuinely state-flavoured area is retention: your state's trust-account and professional record-keeping minimums sit alongside the federal AML seven-year floor and APP 11, so your retention schedule has to reconcile a state rule with a federal one. Everything else (the privacy policy, collection notices, breach response) is uniform.
Where to go next
The federal detail is the same wherever you are: how the trigger works (Does becoming an AUSTRAC reporting entity trigger the Privacy Act?), the documents you need (Do conveyancers need a privacy policy in 2026? and Privacy policy vs collection notice), and the AML side overall (AML Tranche 2 for conveyancers).
Common questions
Are the AML rules different in NSW vs Victoria vs WA?
No. AML/CTF is a Commonwealth regime, so the obligation is the same in every state and territory. Only the professional title and your state licensing regulator differ.
I'm a solicitor doing conveyancing in Queensland, am I caught?
If you provide the property-transfer designated service, the capture is based on the activity, not your professional category, so the same AML and privacy obligations generally apply.
Does my state licence already deal with privacy?
No. Your state conveyancing or settlement-agent licensing covers trust accounts, insurance and conduct; the Privacy Act obligation is separate federal law that applies via s 6E(1A).
Is anything actually state-specific?
Mainly retention. Your state's trust-account and record-keeping minimums have to be reconciled with the federal AML seven-year floor and APP 11, so your retention schedule is where state and federal rules meet.
This is general information, not legal advice. Privaproof provides privacy tools and general information; it is not a law practice and does not provide legal advice, and it does not assess your AML/CTF obligations, which are administered by AUSTRAC. Privaproof's conveyancer materials are self-authored and are not independently reviewed by a solicitor. Sources: AUSTRAC, professional designated services; Privacy Act 1988 (Cth) s 6E(1A); OAIC, privacy guidance for reporting entities under the AML/CTF Act; Consumer Protection WA, settlement agents and conveyancers.