--- title: "Developers: Now a Reporting Entity | HeadStart Docs" description: "Property developers with in-house sales teams are caught by Tranche 2. Section 6, Table 5, Item 2 covers anyone selling real estate in the course of business." lang: en-AU json-ld: | [ { "@context": "https://schema.org", "@type": "Organization", "name": "HeadStart Docs", "legalName": "HeadStart Docs Pty Ltd", "url": "https://www.headstartdocs.com.au", "logo": { "@type": "ImageObject", "url": "https://www.headstartdocs.com.au/logo-512.png?v=4", "width": 512, "height": 512 }, "description": "AML/CTF compliance digital products and programs for Australian businesses under Tranche 2 regulations. Free program documents and AML Portal. CDD $35/customer.", "foundingDate": "2025", "address": { "@type": "PostalAddress", "addressCountry": "AU" }, "areaServed": { "@type": "Country", "name": "Australia" }, "contactPoint": { "@type": "ContactPoint", "contactType": "customer service", "email": "support@headstartdocs.com.au", "availableLanguage": "English" }, "sameAs": [ "https://twitter.com/HeadStartDocs" ], "taxID": "ABN 12 691 347 823", "knowsAbout": [ "AML/CTF Tranche 2 Australia", "AUSTRAC Compliance", "Anti-Money Laundering Programs", "Customer Due Diligence", "PEP Screening", "Sanctions Screening", "Risk Assessment Frameworks" ], "numberOfEmployees": { "@type": "QuantitativeValue", "minValue": 1, "maxValue": 10 } }, { "@context": "https://schema.org", "@type": "WebSite", "name": "HeadStart Docs", "url": "https://www.headstartdocs.com.au", "description": "Start with working documents for AML/CTF Tranche 2 compliance. Your solicitor settles.", "potentialAction": { "@type": "SearchAction", "target": "https://www.headstartdocs.com.au/sanctions-search?q={search_term_string}", "query-input": "required name=search_term_string" } }, { "@context": "https://schema.org", "@type": "Service", "name": "HeadStart Docs", "description": "Comprehensive AML/CTF compliance frameworks for Australian Tranche 2 sectors. Industry-specific digital products with complexity included, for independent professionals.", "url": "https://www.headstartdocs.com.au/", "brand": { "@type": "Brand", "name": "HeadStart Docs" }, "offers": { "@type": "Offer", "priceCurrency": "AUD", "price": "679", "description": "Comprehensive risk frameworks, policies & related products packs for Tranche 2 Australian entities." }, "serviceType": "AML Compliance Digital Products", "areaServed": { "@type": "Country", "name": "Australia" }, "hasOfferCatalog": { "@type": "OfferCatalog", "name": "AML Compliance Program Packs", "itemListElement": [ { "@type": "OfferCatalog", "name": "Single Principal AML/CTF Program Pack", "description": "AML/CTF program pack for sole practitioners", "itemListElement": [ { "@type": "Offer", "price": "679", "priceCurrency": "AUD" } ] }, { "@type": "OfferCatalog", "name": "Multi-Staff Business AML/CTF Program Pack", "description": "AML/CTF program pack for multi-staff practices (most popular)", "itemListElement": [ { "@type": "Offer", "price": "1370", "priceCurrency": "AUD" } ] }, { "@type": "OfferCatalog", "name": "Reporting Group AML/CTF Program Pack", "description": "AML/CTF program pack for reporting groups with multiple entities", "itemListElement": [ { "@type": "Offer", "price": "2720", "priceCurrency": "AUD" } ] } ] }, "knowsAbout": [ "AML/CTF Tranche 2 Australia", "AUSTRAC Compliance", "Comprehensive Risk Frameworks", "Industry-Specific Compliance" ], "provider": { "@type": "Organization", "name": "HeadStart Docs Pty Ltd", "description": "HeadStart Docs is not a law firm. We provide digital products for AML/CTF compliance, not legal services." } }, { "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://www.headstartdocs.com.au/" }, { "@type": "ListItem", "position": 2, "name": "Shop", "item": "https://www.headstartdocs.com.au/shop" }, { "@type": "ListItem", "position": 3, "name": "Tranche 2 Hub", "item": "https://www.headstartdocs.com.au/tranche-2" }, { "@type": "ListItem", "position": 4, "name": "Sanctions Search", "item": "https://www.headstartdocs.com.au/sanctions-search" } ] }, { "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "Do I still need a solicitor for AML/CTF Tranche 2 compliance?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. HeadStart Docs products are digital publications that give you a substantial head start, but they must be reviewed and tailored by a qualified solicitor to your specific business circumstances before implementation." } }, { "@type": "Question", "name": "How is HeadStart Docs different from the free AUSTRAC Starter Kits?", "acceptedAnswer": { "@type": "Answer", "text": "AUSTRAC Starter Kits are generic starting points that require significant customisation. HeadStart products are sector-specific, pre-populated with industry-relevant risk factors and scenarios, and include 12 months of AML Portal access for ongoing compliance including screening, record keeping and reporting tools." } }, { "@type": "Question", "name": "What if the AML/CTF rules change after I purchase?", "acceptedAnswer": { "@type": "Answer", "text": "Your digital products are yours to keep. If significant regulatory changes occur, updated versions will be available to active portal subscribers. The AML Portal itself is continuously updated to reflect current AUSTRAC requirements and sanctions lists." } }, { "@type": "Question", "name": "What happens after my 12-month AML portal access expires?", "acceptedAnswer": { "@type": "Answer", "text": "Your documentation is yours forever. To continue using the AML Portal (screening tools, compliance calendar, record keeping), you pay $35 per customer CDD. Cancel anytime — no subscription required." } }, { "@type": "Question", "name": "Is HeadStart Docs a law firm?", "acceptedAnswer": { "@type": "Answer", "text": "No. HeadStart Docs is a digital publisher and platform provider. We sell digital compliance products and portal access. We do not provide legal advice. Referrals for legal advice can be made to our related law firm, HeadStart Counsel." } }, { "@type": "Question", "name": "When does AML/CTF Tranche 2 commence in Australia?", "acceptedAnswer": { "@type": "Answer", "text": "Tranche 2 AML/CTF obligations commence on 1 July 2026. All reporting entities in designated sectors including lawyers, accountants, real estate agents, conveyancers, and trust and company service providers must have their AML/CTF programs in place by this date." } } ] }, { "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://www.headstartdocs.com.au/" }, { "@type": "ListItem", "position": 2, "name": "Free Resources", "item": "https://www.headstartdocs.com.au/tranche-2-resources" }, { "@type": "ListItem", "position": 3, "name": "Property Developers", "item": "https://www.headstartdocs.com.au/tranche-2-resources/property-developers-reporting-entity" } ] }, { "@context": "https://schema.org", "@type": "Article", "headline": "Selling Off-the-Plan? You are now a Reporting Entity (Table 5, Item 2)", "description": "Property developers with in-house sales teams are caught by Tranche 2. Section 6, Table 5, Item 2 covers anyone selling real estate in the course of business.", "datePublished": "2025-12-20", "dateModified": "2025-12-20", "url": "https://www.headstartdocs.com.au/tranche-2-resources/property-developers-reporting-entity", "image": "https://www.headstartdocs.com.au/logo-512.png", "inLanguage": "en-AU", "isPartOf": { "@type": "WebSite", "name": "HeadStart Docs", "url": "https://www.headstartdocs.com.au" }, "about": { "@type": "Thing", "name": "AML/CTF Compliance", "description": "Anti-Money Laundering and Counter-Terrorism Financing compliance for Australian businesses under Tranche 2" }, "author": { "@type": "Organization", "name": "HeadStart Docs" }, "publisher": { "@type": "Organization", "name": "HeadStart Docs", "logo": { "@type": "ImageObject", "url": "https://www.headstartdocs.com.au/logo-512.png" } } } ] --- [Get Started ](/checkout) We use cookies to enhance your experience and analyse traffic. [Privacy Policy](/privacy) Essential OnlyAccept All [Skip to main content](#main-content) [ ![HeadStart Docs](/assets/logo-dark-bg-CUivuKJ8.png)![HeadStart Docs](/assets/logo-light-bg-D5BRMGqf.png) ](/) [Home ](/) Features [Programs ](/programs) Resources Sectors [Log in ](/auth) [Portal](/aml-landing) ![Property development and off-the-plan sales](/assets/sydney-harbour-office-D1-lsUNU.jpg) [Back to Free Resources](/tranche-2-resources) 20 December 2025 • Property Developers # Selling Off-the-Plan? You are now a Reporting Entity (Table 5, Item 2) "I am a developer, not an agent. I do not need AML." This is one of the most dangerous misconceptions in Tranche 2. If you have an in-house sales team, you are caught. ## The myth: Developers are not agents Many property developers believe that because they are not licensed real estate agents, they fall outside Tranche 2 obligations. This assumption is incorrect. The legislation does not focus on licensing status. It focuses on the **activity** of selling real estate in the course of business. ## The reality: Section 6, Table 5, Item 2 Under the reformed AML/CTF Act, **Section 6, Table 5, Item 2** captures anyone who provides: ### Table 5, Item 2: Real Estate Services > "Selling real estate in Australia in the course of carrying on a business" This includes developers who sell directly to purchasers, regardless of whether they use external agents. ## When does this apply? You are caught by Table 5, Item 2 if: #### In-house sales team You employ staff who sell apartments, house-and-land packages, or other real estate directly to purchasers without using an external agent. #### Off-the-plan sales You sell properties before construction is complete, with contracts exchanged directly between your company and purchasers. #### Display suite operations You operate a display suite where your staff (not external agents) take expressions of interest and process contracts. ## What if I use external agents? If you exclusively use licensed external real estate agents to sell your developments, the agents become the reporting entities for those sales. In that scenario: - The agents must have AML/CTF programs covering your sales - The agents perform customer due diligence on purchasers - The agents file any necessary suspicious matter reports However, if you have any direct sales channel (website enquiries handled in-house, a display suite with your own staff, direct negotiations with investors), you become a reporting entity for those transactions. ## The impact: What you need by 1 July 2026 If you are caught by Table 5, Item 2, you must have: ### Developer AML/CTF Requirements - **AUSTRAC enrolment:** Register as a reporting entity before 31 March 2026 - **AML/CTF program:** Document your risk assessment and policies (Sections 26B-26F) - **Customer due diligence:** Procedures to identify and verify purchasers - **AML Compliance Officer:** Appoint a responsible person with appropriate authority - **Staff training:** Train sales staff on red flags and reporting obligations - **Record keeping:** Maintain transaction and CDD records for 7 years ## Higher risk factors for developers Developer sales often carry elevated ML/TF risk factors that your program must address: - **High-value transactions:** Off-the-plan sales often exceed $500,000 - **International purchasers:** Foreign investment in Australian property is common - **Extended settlement periods:** Long gaps between contract and settlement create monitoring challenges - **Deposit structures:** Large deposits held over time require source of funds consideration - **Bulk purchases:** Investors buying multiple units warrant enhanced scrutiny ## What you need to do now 1. **Audit your sales channels:** Identify whether any sales occur without external agents 2. **Assess your exposure:** Calculate how many direct sales you conduct annually 3. **Budget for compliance:** Factor AML/CTF program costs into your development budgets 4. **Enrol with AUSTRAC:** Complete your registration before the deadline 5. **Implement your program:** Have documentation and training in place by 1 July 2026 ### Key Takeaway Section 6, Table 5, Item 2 catches anyone "selling real estate in Australia in the course of carrying on a business" - including property developers with in-house sales teams. If you sell off-the-plan through your own staff, you need a full AML/CTF program by 1 July 2026. Using external agents for some sales does not exempt your direct sales channel. [View AML/CTF Digital Products](/programs) [ Read our complete Tranche 2 Guide Key dates, affected sectors, obligations and how to prepare ](/tranche-2) **Disclaimer:** This article is general information only. It is not legal, financial or compliance advice. HeadStart Docs™ provides free compliance documents, not legal services. We do not guarantee the accuracy of information provided. Obligations may apply depending on your designated services. Always confirm your specific requirements with a qualified adviser. Need a lawyer to review your AML/CTF program? [HeadStart Counsel](https://headstartcounsel.com.au/get-started) offers fixed-fee tailoring from $1,800+GST. Separate entity and engagement. ### Related Articles [ Real Estate Generic vs Real Estate programs ](/tranche-2-resources/generic-vs-real-estate-program)[ Real Estate Why buyer's agents are high risk ](/tranche-2-resources/buyers-agents-high-risk)[ Compliance Enhanced Due Diligence triggers ](/tranche-2-resources/enhanced-due-diligence-triggers) ### Free Compliance Tools [Implementation Timeline Key dates and milestones for Tranche 2 compliance ](/timeline)[Readiness Test Assess your compliance readiness in 2 minutes ](/risk-calculator)[Sanctions Screening Search Australian sanctions lists and country risk ](/sanctions-search) ### Ready to get compliant? Sector-specific compliance documents to help you build your AML/CTF program. [View Programs](/programs) ![HeadStart Docs](/assets/logo-dark-bg-CUivuKJ8.png)![HeadStart Docs](/assets/logo-light-bg-D5BRMGqf.png) [![HeadStart Counsel](/assets/headstart-counsel-logo-dark-DW8mV5rY.png)](https://www.headstartcounsel.com.au/)[![HeadStart Search](/assets/headstart-search-logo-dark-C68UhGXl.png)](/sanctions-search)![HeadStart Verify](/assets/headstart-verify-dark-Dtad3197.png) ### Sectors [Accounting](/accounting)[Business Brokers](/business-brokers)[Buyers Agent](/programs/buyers-agent-aml-program)[Conveyancing](/conveyancing)[Insolvency](/insolvency-practitioners)[Legal](/law-practice)[Nominee Director](/programs/nominee-director-aml-program)[Precious Metals, Stones & Products](/precious-metals)[Property Development](/property-developers)[Real Estate](/real-estate)[TCSPs](/tcsp)[Virtual Address](/virtual-address) ### Resources [Free Resources](/tranche-2-resources)[Decision Trees](/decision-trees)[Tranche 2 Guide](/tranche-2)[Podcast](/podcast)[Free Sector Reports](/sector-reports)[Implementation Timeline](/timeline)[Sanctions Search](/sanctions-search)[AUSTRAC Starter Kits](/tranche-2-resources/austrac-starter-program-kits)[Budgeting for Compliance](/tranche-2-resources/budgeting-amlctf-compliance) ### Programs [Portal + AML Programs](/programs)[Pricing](/pricing)[White Label](/white-label)[External CRMs](/integrations)[AML Portal](/aml-landing)[Plug & Play Technology](/plug-and-play)[Lawyer in the Loop](/features/lawyer-in-the-loop) ### Legal [Terms & Conditions](/terms)[Privacy](/privacy) ### Connect [Programs](/programs)[Podcast](/podcast)[Feedback](/report-problem)[Our Mission](/our-mission)[Partnerships](/partnerships) ### Events [AML Conference 2026](/conference) Powered by Stripe SSL Secured 2026 Ready © HeadStart Docs Pty Ltd (ABN 12 691 347 823). HeadStart Docs™ is a digital publisher and platform provider. We sell digital compliance products including publications and portal access to our AML Portal; we do not provide legal advice or services. The content on this website and in our products is for general information purposes only, does not consider your individual and business circumstances, and should not be relied on as legal advice. Referrals for legal advice can be made, on request, to HeadStart Counsel, the registered trading name of Astris Law Pty Ltd, a related incorporated legal practice with the same director and beneficial owner as HeadStart Docs. You are free to engage any legal practitioner of your choice.