The Department of Home Affairs (the Department) and the Australian Transaction Reports and Analysis Centre (AUSTRAC) are progressing work to finalise the Legal Professional Privilege Guidelines 2026 (the Guidelines), which aim to support businesses by providing greater clarity on balancing legal professional privilege with obligations under the
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act).
The
Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (AML/CTF Amendment Act) introduced new provisions which asserted the right of entities to claim legal professional privilege (LPP) in relation to their obligations under the AML/CTF Act. Under new section 242A of the AML/CTF Act, which commences July 1 2026, the Minister for Home Affairs may, by notifiable instrument, make guidelines in dealing with claims or assertions of LPP for information or documents required to be given. Please access the Guidelines in full at
draft legal professional privilege guidelines 2026.
Consultation
The Department of Home Affairs held a first round of targeted consultation, which closed on 1 August 2025. After reviewing the submissions, the Department refined the Guidelines and developed the current draft.
If you have an interest in the guidelines, you can provide feedback to the Department at: economiccrime@homeaffairs.gov.au.
This consultation will close on Wednesday 24 June 2026.
Contact details
For feedback or questions, email economiccrime@homeaffairs.gov.au.
