🇦🇺 Crypto law in Australia

Legal to own and trade. Crypto is property, not legal tender.

There is no prohibition on Australians buying, holding or selling crypto assets. Crypto is not legal tender in Australia — only Australian currency is. Whether a particular token is a regulated "financial product" depends on the rights attached to it, not on the technology.

Regulator

ASIC

Legislation

Corporations Act 2001 (Cth)

Register

Official register ↗

Last reviewed 10 July 2026 by Craig Winder

Disposing of crypto is a CGT event. A 50% discount may apply after 12 months.

The ATO treats crypto assets as property for capital gains tax purposes. Selling, swapping one crypto for another, gifting, or spending crypto are all CGT events. Individuals who hold an asset for at least 12 months before disposal may be entitled to the 50% CGT discount. Records must be kept of every transaction.

Regulator

Australian Taxation Office

Register

Official register ↗

Last reviewed 10 July 2026 by Craig Winder

Staking rewards, airdrops and mining income are ordinary income at receipt.

Rewards from staking, most airdrops, and proceeds from mining carried on as a business are assessable as ordinary income at their Australian dollar value when you receive them. If you later dispose of those tokens, a separate CGT event arises. Traders are taxed differently from investors.

Regulator

Australian Taxation Office

Last reviewed 10 July 2026 by Craig Winder

Exchanges must register with AUSTRAC today, and will need an AFSL from 9 April 2027.

Digital currency exchange providers must register with AUSTRAC and meet AML/CTF obligations. Separately, the Corporations Amendment (Digital Assets Framework) Act 2026 (No. 38, 2026) received Royal Assent on 8 April 2026 and commences on 9 April 2027. It makes a "digital asset platform" (DAP) and a "tokenised custody platform" (TCP) financial products in their own right, bringing operators into the AFSL regime. ASIC has run a no-action position for digital-asset businesses transitioning to a licence.

Regulator

ASIC and AUSTRAC

Legislation

Corporations Amendment (Digital Assets Framework) Act 2026 (No. 38, 2026)

Register

Official register ↗

Last reviewed 10 July 2026 by Craig Winder

AML/CTF obligations apply to registered exchanges, including reporting.

Registered digital currency exchange providers are reporting entities under the AML/CTF Act. They must identify customers, monitor transactions, and report suspicious matters and threshold transactions to AUSTRAC. Reforms extending obligations across the sector have been progressing.

Regulator

AUSTRAC

Legislation

Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)

Last reviewed 10 July 2026 by Craig Winder

Promoting crypto with paid affiliate links can require an AFSL.

ASIC guidance for people discussing financial products online (INFO 269) treats promoting a unique affiliate link that pays a commission per click-through as likely "dealing by arranging" — a licensable financial service. The media exemption in s 911A(2) of the Corporations Act covers general advice, not dealing. In ASIC v Scholz (No 2) [2022] FCA 1542 the Federal Court found an online commentator had carried on a financial services business without a licence.

Regulator

ASIC

Legislation

Corporations Act 2001 (Cth) ss 766B, 766C, 911A

Last reviewed 10 July 2026 by Craig Winder