Centralized exchange in Australia
Order-book exchange that takes custody of user assets and matches trades between users.
CEX is conditionally permitted in Australia with a local entity, subject to AML obligations and high licensing burden.
Verdict Details
- Permitted
- conditional
- Local entity required
- Yes
- Licensing burden
- High
- Last updated
- 2026-07-13
AML Obligations
- Must enrol with AUSTRAC as a reporting entity within 28 days of starting to provide a designated service (au.aml.enrol-or-register-overview-httpswwwaustracgovaunew-austracenrol-or-register8-fix-1776276114635-1)
- Must register as a digital currency exchange (DCE) provider with AUSTRAC under the AML/CTF Act 2006; transition to VASP registration by updating enrolment between 31 March 2026 and 29 July 2026 (au.licensing.exchanges-must-register-as-digital, au.aml.specific-dcevasp-enrolment-and-registration-fix-1776276114635-1)
- Develop and maintain an AML/CTF programme including KYC, transaction monitoring, suspicious matter reporting, record-keeping, and designated compliance officers (au.licensing.amlkyc-mandatory-amlctf-program-for, au.aml.reporting-entities-must-develop-and)
- Threshold transaction reporting of AUD 10,000+ applies under the Travel Rule (au.travel-rule.status)
- Suspicious matter reporting (SMR) to AUSTRAC and ongoing customer due diligence obligations
- Non-compliance penalties up to AUD 210,000 for corporations and potential criminal charges including imprisonment (au.enforcement.non-compliance-penalties-are-severe-failing)
Key Restrictions
- Must be a registered Australian company with an ABN and fit-and-proper directors/owners (au.licensing.local-presence-must-be-a)
- If the exchange offers financial products (derivatives, tokenized securities, custody), an AFSL from ASIC is required — 6–12 month process, no fixed minimum capital but 'adequate capital' assessed case-by-case (au.licensing.vasp, au.licensing.capital-no-fixed-minimum-for)
- Client asset segregation, disclosure, dispute resolution, and custody standards apply under AFSL obligations (au.licensing.other-afsl-obligations-client-asset)
- If issuing derivatives or financial products, ASIC's design & distribution obligations (DDO) apply (au.licensing.regulator-asic, au.licensing.legislation-corporations-act-2001)
- Comprehensive reform (CASP-style authorization) expected 2025–2026 — current regime is transitional (au.licensing.vasp)
Key Risks
- Regulatory transition risk — current DCE registration regime is being replaced by VASP/CASP framework; operators must plan for transition by July 2026 (au.aml.specific-dcevasp-enrolment-and-registration-fix-1776276114635-1)
- Debanking of crypto firms is a major documented issue — Senate inquiry 2023 (au.licensing.exchange)
- ASIC is aggressive on crypto derivative issuers and has pursued enforcement actions including against Binance (au.enforcement.the-binance-fine-stands-out, au.licensing.exchange)
- AUSTRAC enforcement is intensifying — broad sector crackdown and significant penalties (au.enforcement.austracs-actions-affected-the-most)
- Ambiguity around which crypto assets constitute 'financial products' —ASIC's Info Sheet 225 provides guidance but individual assessment is needed
Evidence
This verdict synthesizes the following facts. Each fact links to its primary source(s).
AUSTRAC is the AML/CTF regulator; since 31 March 2026 it registers virtual asset service providers, replacing digital currency exchange registration (AML/CTF Amendment Act 2024, No. 110, Schedule 6).
ASIC regulates digital assets that are financial products under the Corporations Act and ASIC Act, including licensing, disclosure and design and distribution obligations; its guidance is INFO 225 (updated October 2025).
Virtual asset service providers register with AUSTRAC from 31 March 2026 (AML/CTF Amendment Act 2024, No. 110) and need an AFS licence for financial products; the crypto reform is enacted as the Digital Assets Framework Act 2026 (No. 38), commencing in April 2027.
Exchanges register with AUSTRAC for AML/CTF (virtual asset service provider registration from 31 March 2026) and need an AFS licence for financial products; ASIC enforces design and distribution obligations, with Bit Trade (Kraken) ordered to pay $8 million in December 2024 for issuing a margin product without a target market determination.
Providing custody of digital assets that are financial products currently requires an AFS licence covering custodial or depository services (RG 133, RG 166); the Digital Assets Framework Act 2026 (No. 38) adds tokenised custody platforms as a new financial product (s 761GD) from April 2027.
The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 governs crypto AML/CTF; from 31 March 2026 its digital currency exchange registration was replaced by virtual asset service provider registration (AML/CTF Amendment Act 2024, No. 110, Schedule 6).
The Corporations Act 2001 governs digital assets that are financial products, requiring AFS licensing, product disclosure and design and distribution obligations (ASIC INFO 225); the Digital Assets Framework Act 2026 (No. 38) amends it to add digital asset platforms and tokenised custody platforms from April 2027.
Since 31 March 2026 exchanges must register with AUSTRAC as virtual asset service providers (AML/CTF Act s 76B, as amended by Act No. 110, 2024), replacing digital currency exchange registration; exchanges dealing in financial products also need an AFS licence, and the Digital Assets Framework Act 2026 (No. 38) adds digital asset platforms from April 2027.
AFS licensees in the digital asset sector must meet ASIC's base-level financial requirements in Regulatory Guide 166, with tailored requirements by authorisation; custodial providers must also meet a net tangible assets requirement, at least 50% of it held in cash or cash equivalents (INFO 225).
From 31 March 2026 the AML/CTF Amendment Act 2024 (No. 110, 2024) replaced AML/CTF programs with 'AML/CTF policies' (s 26F) and requires every reporting entity, including virtual asset service providers, to designate an AML/CTF compliance officer (s 26J).
Local Presence: Must be a registered Australian company with an ABN; fit-and-proper directors/owners with clean backgrounds; robust governance, IT security, and risk controls.
AFS licensees offering digital asset products must also meet disclosure (PDS and FSG), design and distribution, internal and external dispute resolution and compensation requirements, and custodians must keep client assets separate from their own (ASIC INFO 225, RG 133).
AUSTRAC Registration: Submit online via AUSTRAC portal with business details, AML/CTF program, ownership structure, and compliance evidence. Approval typically 4-6 weeks if complete.
AFS licence applications, including for digital asset businesses, are lodged through ASIC's Regulatory Portal, where an application can be saved as a draft and resumed before lodgement.
DCEs registered as reporting entities must transition to VASP registration by updating enrolment details between 31 March 2026 and 29 July 2026 to continue providing services. AUSTRAC QRG: Transitioning from DCE to VASP
A service is a designated service under the AML/CTF Act 2006 only where it has a geographical link to Australia (s 100), and a person who commences to provide a designated service must apply to AUSTRAC for enrolment on the Reporting Entities Roll (s 51B).
Businesses must enrol with AUSTRAC before providing designated services; daily penalties may accrue after 28 days of operating without enrolment.
Providers of registrable remittance services and registrable virtual asset services must both enrol with AUSTRAC (AML/CTF Act 2006 s 51B) and be registered, on the Remittance Sector Register (s 74) or the Virtual Asset Service Provider Register (s 76A), as amended by Act No. 110 of 2024.
Under the AML/CTF Act 2006 as amended by Act No. 110 of 2024, reporting entities must undertake an ML/TF risk assessment and maintain AML/CTF policies (ss 26C, 26F), conduct initial, ongoing and enhanced customer due diligence (ss 28, 30, 32), report suspicious matters to AUSTRAC (s 41) and keep records (Part 10).
Australia's travel rule is AML/CTF Act 2006 s 64 (ordering institutions) and s 65 (beneficiary institutions), as replaced by Act No. 110 of 2024 Sch 8 from 31 March 2026 to cover transfers of virtual assets; the AUD 10,000 figure belongs to the physical-currency threshold transaction report, not the travel rule.
Providing a registrable virtual asset service without AUSTRAC registration is a strict-liability offence punishable by 2 years imprisonment or 500 penalty units, rising to 7 years or 2,000 penalty units for repeat conduct (AML/CTF Act 2006 s 76A); failing to enrol is a civil penalty contravention for each day (s 51B).
ASIC-obtained court penalties against crypto firms include $14 million against BPS Financial over its Qoin Wallet (Federal Court, ASIC 26-008MR, 27 January 2026) and $8 million against Kraken operator Bit Trade for design-and-distribution breaches (ASIC 24-274MR, 12 December 2024).
AUSTRAC's actions affected the most entities, signaling broad sector crackdown.
Verdict Attribution
- Source:
- AI-Generated · Unreviewed
- AI synthesized:
- 2026-07-13 (deepseek-chat)
- Last updated:
- 2026-07-13
- Confidence:
- medium
This verdict was produced by an AI model from the underlying facts. Confirm with counsel before relying on it for material decisions.
Conditional — a centralized exchange can operate in Australia subject to AUSTRAC DCE registration (transitioning to VASP by July 2026), and an AFSL from ASIC if offering financial products (derivatives, custody, tokenized securities), with mandatory AML/CTF programme, AUD 10,000 travel-rule threshold, and local incorporation requirements.
Questions this verdict aims to answer
- What exchange / VASP license applies?
- What custody segregation rules apply to user assets?
- What market-conduct and listing rules apply?
- What travel-rule obligations apply on withdrawals?