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Crypto regulation in Australia

Australia's crypto rules are changing. Here is who regulates what, and the new digital asset platform licensing framework.

Photo: CryptoWallet.com Images, CC BY 2.0, via Wikimedia Commons

By the Crypto Markets editorial team · Updated · 3 min read

For years, Australian crypto businesses mainly faced anti-money laundering registration, with limited consumer protection rules. That is changing. In 2026 Parliament passed legislation bringing digital asset platforms into the financial services licensing system. Understanding who regulates what helps you know what protections exist today and which are coming.

Who does what

AgencyRole in crypto
AUSTRACAnti-money laundering and counter-terrorism financing; registration of virtual asset service providers
ASICFinancial services licensing, consumer protection, misleading conduct, action against investment scams
ATOTax treatment of crypto-assets
RBA and TreasuryPayments policy, including stablecoins and payment systems
ACCC and National Anti-Scam CentreScamwatch, scam prevention and consumer law
AFCADispute resolution for member businesses

AUSTRAC: registration and AML

Since 2018, businesses exchanging digital currency for money have had to register with AUSTRAC and meet anti-money laundering obligations such as verifying customers' identities and reporting suspicious matters. Reforms to the anti-money laundering laws expanded coverage to a broader range of virtual asset service providers, such as those exchanging between crypto-assets, transferring them or safekeeping them for customers. AUSTRAC publishes a register of VASPs. Registration is not an endorsement.

AUSTRAC has also focused on crypto ATMs, which have been linked to scams.

ASIC and the Digital Assets Framework Act 2026

The Corporations Amendment (Digital Assets Framework) Act 2026 passed Parliament on 1 April 2026 and received Royal Assent on 8 April 2026. Its core obligations are scheduled to commence on 9 April 2027.

In broad terms, the Act:

  • creates new categories of financial product for digital asset platforms (DAPs) and tokenised custody platforms (TCPs);
  • requires businesses operating these platforms for customers to hold an Australian financial services licence;
  • applies financial services obligations such as conduct, disclosure, asset-holding standards and dispute resolution to licensed operators;
  • focuses on platforms holding assets for customers rather than regulating every crypto-asset as a financial product.

ASIC has published guidance and a roadmap for the transition. Smaller operators may be subject to exemptions. Until commencement, protections depend largely on the business and whether it already holds a licence for other products.

The Melbourne city skyline on a sunny day
New licensing obligations will apply to platforms that hold digital assets for customers. Photo: Kolitha de Silva, CC BY 2.0, via Wikimedia Commons

Existing ASIC powers

ASIC already regulates crypto-related products that are financial products, such as crypto derivatives and some crypto funds, and can take action over misleading conduct. It has restricted crypto CFDs for retail clients and takes down investment scam websites.

The ATO

The ATO treats crypto held as an investment as a CGT asset and collects data from platforms. Read crypto tax basics.

Payments and stablecoins

Treasury and the RBA have been modernising payments regulation, which is expected to cover certain stablecoin and payment arrangements. Read stablecoins explained.

What it means for consumers

  • Today: check AUSTRAC registration, ASIC's investor alert list and AFCA membership before using a platform. Read how to check a crypto platform.
  • From 2027: look for platforms that hold an Australian financial services licence covering digital asset platform services.
  • Always: no regulation removes market risk. Licensing does not protect against price falls.

Regulation at a glance

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A short timeline

YearDevelopment
2018Digital currency exchanges required to register with AUSTRAC
2022ASIC restrictions on crypto CFDs for retail clients take effect
2024–25Anti-money laundering reforms expand coverage to more virtual asset services
April 2026Digital Assets Framework Act passes and receives assent
April 2027Core licensing obligations scheduled to commence

Dates are summarised from official sources; check ASIC and AUSTRAC for exact transition arrangements and any changes.

International context

Other jurisdictions have introduced their own crypto rules, such as the European Union's Markets in Crypto-Assets regulation. Platforms operating from overseas may not be subject to Australian protections, which is another reason to check registration and licensing carefully.

The bottom line

Australia is moving from registration-only towards licensing for crypto platforms. That should strengthen protections over time, but crypto remains high risk, and checking a platform yourself remains essential. Because timelines and details can shift as regulators publish guidance and transition arrangements, always confirm the current position directly with ASIC and AUSTRAC before relying on any summary, including this one.

Frequently asked questions

Will licensing protect me if crypto prices fall?

No. Licensing is designed to improve how platforms behave, hold customer assets and handle complaints. It does not protect you from losses caused by falling prices.

Where can I read the new law?

The Corporations Amendment (Digital Assets Framework) Act 2026 is published on the Federal Register of Legislation. ASIC publishes guidance explaining how it intends to administer the new regime.

Is crypto legal in Australia?

Yes. It is legal to buy, sell and hold crypto in Australia, but businesses providing certain crypto services must meet regulatory requirements.

Who regulates crypto exchanges?

AUSTRAC regulates them for anti-money laundering purposes. ASIC regulates financial products and services, and under the Digital Assets Framework Act 2026 digital asset platforms will need an Australian financial services licence once the regime commences.

When does the new licensing framework start?

The Corporations Amendment (Digital Assets Framework) Act 2026 received assent in April 2026 and its main obligations are scheduled to commence in April 2027. Check ASIC for transition details.

Does the new law regulate bitcoin itself?

The framework focuses on platforms and custody providers that hold assets for customers, rather than regulating crypto-assets themselves as financial products.

What is a VASP?

A virtual asset service provider. AUSTRAC uses this term for businesses that provide services such as exchanging, transferring or safekeeping virtual assets, which must be registered.

Who handles crypto scams?

The National Anti-Scam Centre runs Scamwatch. ASIC takes action against investment scam websites, and police investigate fraud. Report scams to Scamwatch and ReportCyber.

Sources and further reading

Facts on this page were checked against these primary and official sources. Conditions change — confirm before you travel or buy.

  1. Corporations Amendment (Digital Assets Framework) Act 2026 — Federal Register of Legislation
  2. Virtual asset service provider register — AUSTRAC
  3. Cryptocurrencies — ASIC Moneysmart
  4. Crypto asset investments — Australian Taxation Office