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Crypto Licence in Australia: Full Guide for Exchanges, Custody & Crypto Businesses

posted 1 month ago

For digital asset businesses, credible regulatory oversight is not just an advantage — it’s a requirement. In Australia, it’s also a clear, structured reality. Exchanges, custodians, OTC desks, and token projects operate within a defined framework: registration with AUSTRAC and, where necessary, licensing from the Australian Securities and Investments Commission (ASIC). This guide cuts through the complexity, offering a direct roadmap for operators preparing to enter or expand in the Australian market.

Below, you’ll find actionable details on:

  • The key Australian regulators for crypto businesses
  • When AUSTRAC registration is required and when ASIC licensing applies
  • Eligibility criteria and ongoing compliance obligations
  • Realistic timelines, costs, and operational requirements

Regulatory Background: Key Laws Governing Crypto Businesses in Australia

Australia regulates crypto activities through a combination of anti-money laundering rules and financial-services laws. Digital assets are not legal tender, but they are recognized as property and may be classified as financial products depending on their structure and use. This distinction determines which regulator oversees a crypto business and what licensing path applies.

The primary framework consists of:

  • AML/CTF Act 2006, enforced by AUSTRAC, which requires digital currency exchanges and remittance providers to register and maintain robust compliance systems.
  • Corporations Act 2001, supervised by ASIC, which applies when tokens or services fall within financial-product categories such as custody, derivatives, investment schemes, or tokenized securities.

Together, these rules create a regulated environment that ensures transparency, customer protection, and financial integrity across the Australian crypto regulation landscape.

Types of Licenses and Registrations in Australia

Australia applies a tiered regulatory model, meaning crypto businesses may fall under different regimes depending on the nature of their activities. All exchange and remittance operations must register with AUSTRAC, while activities that resemble traditional financial services require authorization from ASIC. The following categories summarize when each pathway applies and what obligations operators should expect.

AUSTRAC Registration for Digital Currency Exchange Providers

Digital Currency Exchange (DCE) registration is mandatory for businesses that facilitate exchange between digital assets and fiat currency or between one digital asset and another. Registration ensures that operators implement strong AML/CTF controls.

Key features include:

  • Mandatory AML/CTF program aligned with AUSTRAC standards
  • Customer due diligence across onboarding and transaction cycles
  • Ongoing reporting of suspicious and threshold transactions
  • Record-keeping and periodic compliance updates

AUSTRAC Registration for Remittance Service Providers

Crypto platforms offering fiat transfers, cross-border payments, or hybrid exchange-remittance services may also require registration as remittance providers. This applies even if the core business is digital-asset focused.

Typical obligations involve:

  • Monitoring of both fiat and digital-asset flows
  • Verification of sender and recipient information
  • Submission of international funds transfer reports
  • Appointment of responsible managers overseeing compliance

ASIC Licensing for Financial-Product Activities

Some digital assets and associated services fall under the definition of financial products under the Corporations Act 2001. In such cases, operators must obtain an Australian Financial Services License (AFSL) or partner with an authorized entity.

ASIC authorisation is typically required when a business provides specific services, including the custody or safekeeping of digital assets considered financial products; the offering of tokenized securities or other investment instruments; the facilitation of trading in derivatives or structured crypto products; or the issuance of stablecoins or payment products that meet AFSL thresholds.

Other Registration Pathways and Upcoming Regulatory Changes

Regulatory reforms under consideration may expand licensing obligations to cover a wider range of digital-asset activities. Businesses planning to operate advanced custodial, wallet, or token-platform services should monitor upcoming legislation.

Anticipated changes may include:

  • Licensing obligations for custodial wallet providers
  • Regulation of stablecoin issuers and payment platforms
  • Governance requirements for tokenization ecosystems
  • Stronger cybersecurity and operational-resilience standards

Eligibility and Key Requirements for Crypto Businesses in Australia

To operate a crypto business in Australia, companies must demonstrate that they can meet AUSTRAC’s AML/CTF standards and, where relevant, ASIC’s financial-services obligations. While Australia does not impose minimum capital requirements for digital currency exchanges or remittance providers, the regulatory framework focuses heavily on governance, transparency, and operational readiness. Applicants should have a clear business model, identifiable ownership structure, and sufficient internal controls to manage financial-crime risks.

The core eligibility criteria generally include:

  • A registered Australian company with valid ABN and corporate governance documentation
  • Fit-and-proper directors and beneficial owners with clean regulatory and criminal backgrounds
  • A complete AML/CTF program covering KYC, transaction monitoring, reporting, and record-keeping
  • Designated compliance personnel responsible for oversight, internal controls, and risk assessments
  • Operational arrangements such as secure IT systems, data-protection safeguards, and procedures for detecting suspicious activity

Meeting these requirements demonstrates an applicant’s capacity to maintain transparent operations and uphold the standards expected by AUSTRAC and ASIC. Once eligibility is established, businesses can proceed to the formal registration or licensing stage.

Licensing & Registration Process and Timeline

The process of obtaining a crypto license in Australia follows a structured sequence, starting with the creation of a local legal entity and the development of compliance controls, then moving on to registration with AUSTRAC for digital currency exchange (DCE) and/or money transfer services. If the business model relates to financial products, the ASIC authorization process may run in parallel.

Step-by-step process

1. Company formation and basic registrations
The process typically begins with forming an Australian proprietary limited company, obtaining an Australian Business Number (ABN) and Tax File Number (TFN), and designating a registered office. Many applicants also appoint an Australia-based director or representative to support operational and banking interactions. These foundational elements allow subsequent filings with AUSTRAC and, where relevant, ASIC.

2. Business model and regulatory mapping
Once the entity is established, the business model is assessed to determine whether any products or services meet the definition of a financial product under the Corporations Act. When this threshold is met, an AFSL assessment and preparation phase is initiated alongside AUSTRAC registration.

3. Development of AML/CTF and KYC policies
The applicant then prepares a tailored AML/CTF program, including customer due-diligence procedures, transaction-monitoring rules, enhanced due diligence for high-risk scenarios, reporting workflows, and record-keeping policies. This phase also involves designating AML/CTF compliance personnel and documenting internal controls and staff training.

4. Submission of AUSTRAC enrolment and registration
After the compliance framework is ready, the entity proceeds to AUSTRAC enrolment and completes the registration forms for DCE and/or remittance services. Supporting documentation usually includes corporate records, the AML/CTF program, governance details, ownership verification, and evidence of operational capacity. AUSTRAC’s online system allows submission of all required forms and attachments.

5. AUSTRAC assessment and regulator queries
AUSTRAC then performs a substantive review of the application. Typical checks involve governance quality, beneficial-ownership transparency, the adequacy of AML/CTF systems, and overall risk indicators. Regulators often request clarifications or additional evidence, and timely responses tend to shorten the assessment window. Practical review periods usually range from several weeks to several months, depending on complexity.

6. Final compliance adjustments and go-live readiness
Once AUSTRAC provides conditional or final approval, the entity completes any required refinements to its controls, finalizes internal testing of monitoring and reporting tools, confirms any local appointments, and arranges document apostilles where needed. At this stage, the business prepares for operational launch while integrating ongoing reporting and re-registration duties.

7. Parallel AFSL pathway (if applicable)
If financial-product activity is identified earlier in the process, AFSL preparation continues in parallel. This pathway generally requires more extensive documentation related to conduct frameworks, organizational competence, solvency, and dispute-resolution arrangements, resulting in longer timelines.

Timeline Table

Step Typical Duration Rationale
Company formation & ABN ~1 week Incorporation and tax registrations are streamlined when documentation is ready.
AML/CTF policy development ~2 weeks (minimum) Tailored drafting, risk assessment, internal controls, and designation of compliance roles.
AUSTRAC application preparation Up to 2 months Time is needed to assemble documents, finalize policies, and complete enrolment and registration forms.
AUSTRAC review & decision ~1-3 months (may extend with complexity) Involves governance checks, AML/CTF evaluation, and regulator queries.
Final compliance adjustments ~1 week Implementation of AUSTRAC conditions, system testing, and final corporate formalities.
AFSL preparation (if required) Several months Requires extensive proof of organizational capacity, risk management, and financial-services competence.

Costs and Financial Considerations

The overall investment for establishing and maintaining a compliant digital-asset business in Australia depends on the chosen licensing route, the complexity of the operating model, and whether the enterprise also pursues an Australian Financial Services Licence (AFSL). Costs arise at several stages: company formation, compliance documentation, AUSTRAC registration, and ongoing operational obligations. Entities engaging in financial-product activity should anticipate additional expenditures for legal reviews, governance frameworks, and ASIC authorizations.

Australia’s tax environment also influences long-term financial planning. Corporate income tax is generally levied at 30 percent, with eligible small businesses taxed at 25 percent. A 10 percent Goods and Services Tax (GST) applies to most supplies; however, crypto-to-crypto and crypto-to-fiat exchanges conducted between Australian residents remain GST-exempt. Non-resident shareholders should note that Australia applies a 30 percent withholding tax on outbound dividends, subject to reductions under applicable tax treaties. Personal income tax rates are progressive, ranging from 0 to 45 percent depending on annual income, which may be relevant where founders or key personnel work from Australia.

Estimated Cost Breakdown

Cost Component Estimated Range Notes
Company incorporation & statutory registrations USD 600-1,200 Includes ASIC registration, ABN/TFN, and basic corporate filings.
Local director or corporate representative (optional) USD 1,500-5,000/year Depends on whether a local presence is required for banking or governance.
AML/CTF program development USD 2,000-6,000 Based on the complexity of risk assessment and internal controls.
AUSTRAC enrolment and registration preparation USD 1,500-4,000 Covers preparation of forms, supporting documents, and compliance mapping.
Professional and legal fees for AUSTRAC process USD 3,000-10,000 Varies depending on business model, risk profile, and regulator queries.
Technology and monitoring systems USD 3,000-12,000/year Includes KYC tools, transaction-monitoring modules, and record-keeping systems.
Ongoing AUSTRAC compliance (reporting, audits, training) USD 2,000-8,000/year Depends on transaction volume and internal resource allocation.
AFSL authorization (if applicable) USD 20,000-60,000+ Higher cost due to extensive documentation, fit-and-proper checks, and ASIC oversight.
Annual corporate maintenance USD 800-2,000/year Covers ASIC annual review, basic accounting, and routine filings.

Ongoing Regulatory Obligations for Australian Digital Asset Service Providers

After registration with AUSTRAC, digital asset businesses must maintain a compliance framework that aligns with evolving AML/CTF expectations. Providers are required to keep internal controls current, ensure transparent governance, and continuously monitor customer activity. The key obligations are summarized below.

AML/CTF Program Maintenance

VASPs must operate an AML/CTF program that remains aligned with AUSTRAC rules and updated as the business develops. Core expectations include:

  • Revising AML/CTF documentation when operations, products, or risk exposure change.
  • Conducting periodic enterprise-wide risk assessments.
  • Keeping staff training programs active and documented.
  • Maintaining up-to-date sanctions, PEP, and adverse media screening tools.

Customer Due Diligence and Monitoring

Customer verification and behavioral monitoring must continue throughout the business relationship. Main obligations include:

  • Refreshing KYC for higher-risk clients or when trigger events occur.
  • Running automated monitoring systems to detect unusual patterns or suspicious blockchain activity.
  • Investigating alerts promptly and recording outcomes.
  • Screening customers and counterparties against sanctions and PEP lists on an ongoing basis.

Mandatory Reporting to AUSTRAC

Registered providers must submit statutory reports within the required timelines, including:

  • Suspicious Matter Reports (SMRs).
  • Threshold Transaction Reports (TTRs) for cash transactions of AUD 10,000 or more.
  • International funds transfer instruction (IFTI) reports.
  • Annual compliance reports confirming adherence to AML/CTF rules.

Governance, Records, and Oversight

Australian rules emphasize proper governance and transparent operational management. Obligations include:

  • Retaining customer and transaction records for at least seven years.
  • Maintaining internal or external AML audits.
  • Ensuring the AML/CTF Compliance Officer remains qualified and engaged.
  • Keeping documented evidence of risk assessments and remediation actions.

Technology and Security Controls

Operational resilience and cybersecurity readiness are essential. Providers must:

  • Secure customer data and digital asset infrastructure in line with Australian privacy standards.
  • Conduct scheduled penetration testing and vulnerability checks.
  • Maintain business continuity and disaster recovery plans.

Advantages of Operating Under Australian Crypto Regulation

Australia offers a stable and transparent environment for digital asset businesses, supported by well-defined AML/CTF rules and a regulator known for predictable decision-making. The ecosystem benefits from strong banking infrastructure, high consumer trust in regulated providers, and an active institutional market. These attributes make Australia suitable for exchanges, brokers, custodians, and payment innovators seeking credibility and long-term scalability.

Key advantages include:

  • Clear legal status for digital asset activities and AUSTRAC-regulated market entry
  • High regulatory certainty that supports banking, partnerships, and investor confidence
  • Access to a mature financial sector with robust payment and compliance tools
  • Favorable perception of compliant operators, improving user acquisition and market reach

Potential Risks and Regulatory Developments to Watch

Australia’s regulatory environment is stable, but digital asset providers should remain alert to changes that may affect business models, compliance costs, or licensing eligibility. AUSTRAC continues to tighten expectations around transaction monitoring, blockchain analytics, and governance standards, which may increase operational overhead. At the same time, policymakers are advancing a broader digital-assets framework that could introduce additional licensing layers beyond the current AUSTRAC registration model.

Key considerations include:

  • Heightened AML/CTF scrutiny, especially for high-risk products and cross-border flows
  • Possible introduction of an ASIC-administered licensing regime for custodians, brokers, and token-issuance platforms
  • Evolving cybersecurity and data-protection obligations affecting wallet and platform operators
  • Rising enforcement actions against non-compliant exchanges and remitters

Australian Crypto Licensing and Compliance with Gofaizen & Sherle

Entering the Australian digital asset market requires a thorough understanding of AUSTRAC requirements, AML/CTF compliance structures, and the operational standards that regulators apply to exchanges, brokers, custodians, and payment platforms. Gofaizen & Sherle provides comprehensive support to companies wishing to register with AUSTRAC or prepare for an Australian crypto license, ensuring that every element of the documentation package is consistent, well-structured, and meets real operational needs.

Comprehensive Company Setup and Corporate Structuring

We assist with Australian company incorporation, governance arrangements, shareholder documentation, and organizational structures that meet AUSTRAC’s transparency requirements. This includes preparing compliance-ready corporate records for the initial registration stage.

AUSTRAC Registration and Full Application Management

Our team handles the complete registration workflow: from assembling the required forms and drafting submissions to coordinating communication with AUSTRAC during the assessment phase. We guide clients through each checkpoint to reduce review delays and improve approval outcomes.

Regulatory Documentation and Compliance Frameworks

We develop tailored AML/CTF programs, KYC procedures, transaction-monitoring rules, risk assessments, cybersecurity policies, business plans, and operational manuals. Each document is built to reflect the company’s business model while meeting Australia’s regulatory standards.

Advisory for Exchanges, Brokers, Custodians, and Token Platforms

With extensive experience across the digital-asset sector, we help clients interpret AUSTRAC and ASIC requirements, evaluate regulatory risks, and design operational structures that align with Australian expectations for governance and financial-crime controls.

Compliance Officer Appointment and Training

We assist with selecting and onboarding compliance personnel, including AML/CTF officers, and provide tailored training modules to ensure ongoing readiness and staff awareness.

Ongoing Compliance and Operational Maintenance

Our support continues after registration, covering reporting obligations, policy updates, internal audits, risk-management enhancements, and communication with regulators. This enables clients to maintain a strong compliance posture as business volumes and regulatory expectations grow.

Working with Gofaizen & Sherle provides digital-asset companies with a structured, predictable pathway to enter the Australian market and operate with long-term regulatory confidence.

Summary: Operating a Digital Asset Business in Australia

Australia provides digital asset businesses with a transparent regulatory structure, anchored by AUSTRAC oversight and a robust financial system. The path to operational status is defined: establishing a local entity, preparing comprehensive AML/CTF documentation, and implementing a compliant governance framework. While this requires upfront investment, it creates a solid foundation for credible and stable market entry.

Once registered, operators manage ongoing duties, including transaction monitoring, periodic risk assessments, and mandatory reporting. For firms focused on sustainable growth, these requirements function as operational essentials rather than obstacles.

Success in this market depends on integrating compliance from the earliest planning stages. Engaging expert guidance and staying informed about evolving ASIC expectations for financial-product activities are critical steps for ensuring long-term, compliant operations in Australia.

Want to apply for a crypto license in Australia? Write to us at info@gofaizen-sherle.com.

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Crypto Licence in Australia: Full Guide for Exchanges, Custody & Crypto Businesses

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