Unlicensed Agents and Criminal Elements in Australia’s Real Estate Sector Prompt Legislative Overhaul

In a comprehensive investigation led by Christopher Knaus and Nick Evershed for Guardian Australia, startling revelations have emerged about the presence of convicted criminals and unlicensed real estate agents operating across Australia. The report highlights systemic vulnerabilities within the real estate sector that have allowed such individuals to participate and, in some cases, flourish undetected.

In several states including New South Wales, Victoria, and Queensland, the regulatory bodies have received a substantial number of complaints regarding unlicensed real estate activities. A detailed analysis by the Guardian suggests that dozens of agents in Victoria are engaging in property transactions without proper credentials, as their names do not appear on the public register.

“The real property market can be exploited by money launderers in a number of ways,” an Australian Federal Police spokesperson told the Guardian. This includes using complex ownership structures to hide true ownership and converting illicit money flows into seemingly legitimate rental income.

This exposure has led to the introduction of stringent anti-money laundering laws by the federal government, aimed at bringing the sector under closer scrutiny. The new laws, mimicking global standards, mandate real estate agents to register with Austrac, develop a laundering prevention program, and perform due diligence on their customers.

Clancy Moore, the CEO of Transparency International Australia, criticized the current regulatory framework, describing it as having a “Sydney Harbour Bridge-size gap.” Moore highlighted a disturbing case where a NSW real estate agent, previously convicted of money laundering, successfully regained his license. “International regulators and the commonwealth government have clearly identified real estate as being at very high risk of money laundering involving organized crime gangs,” Moore stated.

Despite these challenges, some industry representatives argue that the regulatory system is largely effective. “The vast majority of the industry is compliant with the legislation, and the regulatory framework effectively manages any instances of unlicensed activity,” stated a representative from the Real Estate Institute of Australia’s Western Australian branch. The institute has warned that the new federal requirements could impose significant burdens on smaller operators in the industry.

As Australia moves to tighten its regulatory noose around the real estate sector, these changes are expected to bring about significant shifts in how real estate transactions are monitored and managed, ensuring better protection against criminal infiltration and financial fraud.

References:

https://www.theguardian.com/australia-news/2024/sep/17/australia-real-estate-industry-licences-money-laundering-laws

Melissa Fisher

Melissa Fisher

Founder,
Acuity Development Group & The Right Team