All About Cryptocurrency Regulations In Australia

By | November 1, 2022

Australia is one of the nations that is now showing an inclination toward cryptocurrency and blockchain. The Commonwealth Government of Australia has supported broad expansion and development throughout the fintech (financial technology) industry, contributing proportionally. The Australian cryptocurrency and blockchain ecosystem has exploded with new products and services. Organizations in the custodian services, investment, lending, crypto assets, and finance sectors have helped to drive the industry’s growth in Australia. In fact, several such organizations are flourishing. The Australian response towards the industry has remained chiefly tolerant of cutting-edge financial products and services that use or deal in digital currencies.

Regulation Of Cryptocurrencies

Regulatory changes have been made to allow for the usage of digital currencies. However, these are mainly concerned with the operations and connections around transactions incorporating virtual currencies instead of the actual crypto assets (such as the swapping and issuance procedure).

Although no specific legislation dealing with crypto assets has been developed, this still doesn’t prevent them from getting involved in the current legal frameworks within Australian law.

Companies can benefit from ASIC’s perspective on the legality of cryptocurrencies via its regulatory standards (or tokens). The rules an organization needs to abide by depending mainly on how it is constituted and its obligations.

Australia Taxation Regulations 

Regardless of subsequent efforts by the ATO or Australian Taxation Office to establish how the tax legislation operates, the taxation of cryptocurrencies in Australia is currently a topic of significant controversy. The ATO considers cryptocurrencies as investment products owned or exchanged for income tax implications (in place of a foreign currency or money). Depending on why a virtual currency is kept or purchased, cryptocurrency owners might have tax repercussions. 

Australian Regulations Regarding Cryptocurrencies In The Future

Australian Federal Minister Josh Frydenberg unveiled intentions for overall financial improvements in early 2021, measures that could impact the bitcoin market. The proposals incorporate a unique, specialized licensing system for Australian virtual currencies to improve regulatory security for trading and acquiring cryptocurrency resources. Organizations that store digital currencies for clients would also become subject to the rules.

The Government has published a survey on potential options for an Australian CBDC (Central Bank Digital Currency) in response to the Australian virtual currency licensing framework. Despite claiming no “solid policy rationale,” the Reserve Bank of Australia has started working on an Australian Central Bank Digital Currency to keep up with developments in the international fintech sector.

Sales Regulations In Australia

The current financial sector regulatory framework in Australia regulates the buying and selling of cryptocurrencies and various digital assets. These critical factors for issuers have been listed below.

  1. Marketing

The fact that ASIC has acknowledged that a cryptocurrency sale might include a supply of investment products have apparent ramifications for how the coin sale is marketed. An issue of financial goods might not be subject to regulatory disclosures underneath the Corporations Act, based on the minimal sum of money deposited by each client and if the client qualifies as a retail client or perhaps an “advanced investor.”

  1. Licensing

If the applicable coin qualifies as a financial instrument that necessitates, the transparency and licensing standards for financial products are of specific importance to individuals working with digital currencies. AFSLs are required for organizations operating financial activities businesses in Australia unless they are exempted.

  1. Crossing point problems

Until exemption is allowed, an FFSP, i.e., Foreign Financial Services Provider, must possess an AFSL to do financial products operations in Australia. The Corporations Act might apply to a token or an ICO sale, irrespective of if it is being launched and developed from abroad or in Australia; businesses, particularly FFSPs, ought to be aware of this.

  1. Customer law

Even though a coin sale isn’t susceptible to the Corporations Act’s regulations, it might be covered by various laws and regulations, such as the ACL- Australian Consumer Law, which governs the supply of services and goods to Australian residents. The ACL forbids fraudulent or dishonest behavior in various situations, notably advertising and marketing.


The Australian administration has made it apparent that it plans to control the completely uncontrolled crypto exchange sector, as well as by implementing licensing requirements (financial and marketing services). You may use which shall aid you in exchanging various cryptocurrencies, including Bitcoin, to earn profits.

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About Joel Picardo

Joel Picardo has been in the Cryptocurrency space from the last 2 years and got to know about it through his mentor Arvind Borhade (CTO at U.CASH). He is also currently managing the operations at UCASH India. He is an individual filled with optimism and destined to be a billionaire in the future. His work ethic and dedication are second to none. He believes that Bitcoin and Blockchain would create a world of new opportunities.

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