Keep open notices
Learn what a keep open notice is and how it allows you to be exempt from certain AML/CTF obligations.
On this page
- What’s a keep open notice
- Who issues keep open notices
- Our oversight of keep open notices
- Related pages
In certain circumstances, our reporting entities can be exempt from some anti-money laundering and counter-terrorism financing (AML/CTF) obligations to help investigations into serious offences.
What’s a keep open notice
A ‘keep open notice’ allows a reporting entity to stop undertaking certain customer due diligence (CDD) obligations for a period, if they reasonably believe it could alert the customer to the existence of a criminal investigation.
Who issues keep open notices
This notice may be issued by a senior member of a law enforcement agency, if they reasonably believe it will help their investigation of a serious offence.
A keep open notice isn’t an information-gathering power. It doesn’t compel a reporting entity to continue to provide designated services to a customer.
Learn more about keep open notices in our fact sheet.
Our oversight of keep open notices
Under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (the Act), we’re responsible for oversight of keep open notices.
We do this by:
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providing general guidance to issuing agencies about keep open notices
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performing basic compliance checks on keep open notices and extensions
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performing a systematic review of a selected number of notices against legislative criteria. This is to provide us with an understanding of the use of keep open notices and inform further guidance and education to issuing agencies. It may include feedback or education to issuing agencies with identified compliance issues.
If a reporting entity has a concern about a keep open or extension notice this should be raised directly with the agency that issued the notice.
Related pages
This guidance sets out how we interpret the Act, along with associated Rules and regulations. Australian courts are ultimately responsible for interpreting these laws and determining if any provisions of these laws are contravened.
The examples and scenarios in this guidance are meant to help explain our interpretation of these laws. They’re not exhaustive or meant to cover every possible scenario.
This guidance provides general information and isn't a substitute for legal advice. This guidance avoids legal language wherever possible and it might include generalisations about the application of the law. Some provisions of the law referred to have exceptions or important qualifications. In most cases your particular circumstances must be taken into account when determining how the law applies to you.