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Crypto Licence in Australia 2026: AUSTRAC VASP Registration & the ASIC Licensing Trap

Australia does not issue a crypto licence — and as of 31 March 2026 the register everyone cites no longer exists under that name. The AUSTRAC “Digital Currency Exchange Register” is now the Virtual Asset Service Provider Register, renamed when the AML/CTF Amendment Act 2024 rewrote Part 6A. Registration with AUSTRAC is only half the picture: the ASIC financial-product question is where firms actually get caught.

Last verified 7 August 2026.

Compiled from the Federal Register of Legislation, AUSTRAC, ASIC, Treasury and the ATO only. Reference, not legal advice.

The naming change most guides missed

Part 6A of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 was inserted by Act No 130 of 2017 and commenced 3 April 2018 — that created the DCE register. It was amended by Act No 110 of 2024, commencing 31 March 2026, which renamed the Part and sections 76A–76M. Section 76B now requires the AUSTRAC CEO to maintain “a register … to be known as the Virtual Asset Service Provider Register.”

If a page tells you to check the “DCE register”, it has not been updated since March 2026. That is a useful test to apply to any Australian crypto licensing guide you read, including this one — check the last-verified date above.

Key facts

Registering bodyAUSTRAC CEO, s 76B AML/CTF Act 2006
InstrumentRegistration on the Virtual Asset Service Provider Register — not a licence
Offence provisions 76A — up to 7 years imprisonment or 2,000 penalty units for repeat conduct
Second layerASIC — AFS licence where the crypto asset is a financial product
Registration term3 years, renewable from 90 days before expiry
ProcessingUp to 90 days; deemed refusal at 90 days (s 76D(4)), extendable once by 30 days
Registration feeNot published — see below
Registrant countNot confirmed — see below
New platform regimeEnacted 8 April 2026; commences 9 April 2027

Who is registered — and why we are not publishing a number

AUSTRAC’s own user guide confirms it maintains a VASP Register searchable by legal name, trading name, ACN, ABN or ARBN, and section 76C requires a registrant’s name to be entered on it. But we could not retrieve the public register or a current registrant count from AUSTRAC’s site — every search path redirected to authentication, and the media release announcing the register going public would not load.

Unable to confirm from primary source as of 7 August 2026: the number of registered VASPs, the public register URL, and whether registrant names are published (section 76B(4)(b) leaves publication to the AML/CTF Rules, and we did not locate the operative Rule). Check austrac.gov.au — virtual asset service providers. A figure of “approximately 400 digital currency exchange providers” circulates from an undated AUSTRAC crypto-ATM release; we could not date it and are not repeating it as current.

Every other jurisdiction page on this site names the authorised firms. This one does not, because the source would not yield them. That gap is the honest answer, not an omission.

What triggers registration

A “registrable virtual asset service” under s 5 means a designated service under table 1, s 6, items 46A (virtual asset safekeeping), 50A (virtual asset ↔ money), 50B (virtual asset ↔ virtual asset) or 50C (another designated service in connection with the offer or sale of a virtual asset) — or items 29/30 where a transfer of value involves a virtual asset. It excludes services provided by a financial institution or casino. “Virtual asset” is defined at s 5B.

Requirements

  • The test. Section 76E(2): AUSTRAC must register if satisfied it is appropriate, “having regard to … whether registering the person would involve a significant money laundering, financing of terrorism or other serious crime risk.”
  • Section 76E(3) factors: offences charged or convicted — Commonwealth, State/Territory or foreign — compliance history, and legal and beneficial ownership and control. Spent convictions are preserved under s 76F.
  • Enrolment on the Reporting Entities Roll is a separate obligation (Part 3A, ss 51B–51E).
  • Conditions may be imposed (s 76G); material changes must be notified (s 76P).
  • AML/CTF program, plus threshold transaction, suspicious matter and international funds transfer reporting.

Unable to confirm from primary source as of 7 August 2026: any AUSTRAC registration or renewal fee — no fee is published on the pages retrieved. The only confirmed charge is the industry contribution levy, which applies to businesses above an A$100m annual earnings threshold, and its amounts are not disclosed. Reporting thresholds and deadlines also could not be verified — check AUSTRAC directly before relying on any figure.

The ASIC layer — where firms actually get caught

AUSTRAC registration is the easy half. The harder question is whether your crypto asset is a financial product, which triggers Australian Financial Services licensing.

ASIC INFO 225 was substantially rewritten and last updated 30 April 2026. Following the 29 October 2025 announcement, ASIC’s position is that “stablecoins, wrapped tokens, tokenised securities and digital asset wallets are among the digital asset products that ASIC considers to be financial products.” The tests run through: facility for financial investment, managed investment scheme, security, derivative, and non-cash payment facility.

The sector-wide no-action position expired 30 June 2026. ASIC warned on 4 May 2026 that unlicensed conduct risks fines of up to 10% of annual turnover.

One counterweight worth knowing: ASIC lost its lead unlicensing case. On 22 April 2025 the Full Federal Court found Block Earner’s “Earner” product was not a financial product. The boundary is contested, not settled.

The new regime — enacted, not yet operative

The Corporations Amendment (Digital Assets Framework) Act 2026 (No 38 of 2026) was made 8 April 2026, after Treasury consultation from 25 September 2025 and introduction on 26 November 2025. It creates digital asset platforms and tokenised custody platforms as new financial products requiring an AFS licence, with an exemption for platforms holding under A$5,000 per customer and under A$10m in annual transactions.

ASIC states substantive commencement is 9 April 2027. It is law; it is not yet in force. Treat any guide describing it as current obligations with caution.

Enforcement

AUSTRAC publishes its virtual asset registration actions: roughly 24 cancellations (including FTX Express on 28 June 2024, five on 12 November 2025, five on 22 January 2026 and three on 4 February 2026), one suspension (Blockbid, 16 July 2021), six refusals (including MyCryptoWallet, 24 November 2021) and one refusal to renew (Harro’s Empires, 6 May 2025). Binance Australia (Investbybit Pty Ltd) was ordered to appoint an external auditor on 22 August 2025.

Crypto ATM operators face imposed conditions including a A$5,000 cap on cash deposits and withdrawals, enhanced customer due diligence and mandatory scam warnings.

Tax

The ATO treats crypto held as an investment as a CGT asset. CGT events include selling, gifting, swapping crypto for crypto, converting to fiat, and buying goods or services. A personal-use exemption applies where the asset was acquired for under A$10,000.

How Australia compares

AustraliaHong KongGeorgiaUAE — Dubai
InstrumentRegistration + possible AFS licenceVATP licenceRegistrationVASP licence
LayersTwo — AUSTRAC and ASICOne (SFC, dual regime)OneOne
Min. capitalNone for registrationHK$5m paid-upNot publishedBy category
Register publicCould not confirmYes — 13 namedYes — 42 namedYes — 50+
Regime in fluxYes — new Act from Apr 2027Yes — dealing/custody billStableActive

Frequently asked questions

Is there still a DCE register in Australia?

No. Since 31 March 2026 it is the Virtual Asset Service Provider Register, following Act No 110 of 2024.

Do you need a licence to run a crypto exchange in Australia?

Two things: AUSTRAC registration under s 76A, and separately an AFS licence from ASIC if the crypto asset is a financial product. INFO 225 treats stablecoins, wrapped tokens, tokenised securities and wallets as financial products.

How long does AUSTRAC registration take?

Up to 90 days, with deemed refusal at 90 days, extendable once by 30. Registration lasts three years.

What are the penalties for operating unregistered?

Up to seven years imprisonment or 2,000 penalty units for repeat conduct under s 76A. ASIC separately warns of fines up to 10% of annual turnover for unlicensed conduct since 30 June 2026.

Has Australia passed its digital asset platform law?

Yes — the Corporations Amendment (Digital Assets Framework) Act 2026, made 8 April 2026. ASIC states substantive commencement is 9 April 2027, so it is law but not yet operative.

Sources

All sources retrieved 7 August 2026. Compiled by Vaibhavv Ali from primary sources. No law-firm, consultancy or crypto-news material was used. Cryptonite takes no referral fees. Part of the global crypto licensing tracker. Reference only — not legal advice.

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