Crypto regulation in Australia
Exchange registration today, financial services licences under the 2026 law, and how the ATO taxes your crypto.
Crypto is legal in Australia. Exchanges must register with AUSTRAC, and in April 2026 Parliament passed the Digital Assets Framework law, which will require crypto platforms to hold an Australian Financial Services Licence which received Royal Assent on April 8, 2026 and commences on April 9, 2027. The ATO taxes most crypto disposals under capital gains tax.
Last reviewed: November 2026. Facts on this page were checked against official sources on November 4, 2026.
Australia at a glance
| Owning crypto | Legal, including self-custody. |
|---|---|
| Buying and selling | Through AUSTRAC-registered exchanges; financial services licences coming under the 2026 law. |
| Paying with crypto | Legal, not legal tender. |
| Exchange licensing | AUSTRAC digital currency exchange registration; AFSL for digital asset and tokenized custody platforms under the new law. |
| Mining | Legal; rewards are taxable. |
| Tax | Capital gains tax; 50% discount if held over 12 months. Income tax on staking and pay. |
| Stablecoins | Some stablecoins may be financial products under existing law; payments licensing reforms pending. |
| Restrictions and bans | AUSTRAC conditions on crypto ATMs, including a A$5,000 cap per transaction (2025). |
Owning crypto
Owning crypto is legal. Holding it in a self-custody wallet is also legal; the rules apply to businesses that hold it for you.
Buying and selling
Exchanges that swap crypto for Australian dollars must be registered with AUSTRAC, the financial intelligence agency, as digital currency exchange providers (required since April 2018), and must verify your identity. Check the AUSTRAC register before using a platform.
Paying with crypto
Crypto is not legal tender. Using it to pay is generally a disposal for capital gains tax, with a narrow personal-use exemption for crypto bought and used soon after to buy goods for personal use (when acquired for under A$10,000).
Exchange licensing
The Corporations Amendment (Digital Assets Framework) Bill 2025 passed Parliament in April 2026. It brings "digital asset platforms" and "tokenized custody platforms" into the financial services regime, so operators will need an Australian Financial Services Licence and must act efficiently, honestly and fairly, disclose how customer assets are held and meet governance standards. The law received Royal Assent on April 8, 2026 and commences on April 9, 2027. Under ASIC's existing-law guidance, firms relying on its no-action position had to apply for or vary an AFS licence by September 30, 2026. Separately, broader anti-money-laundering reforms expanded the range of crypto services AUSTRAC regulates from March 31, 2026.
Mining
Mining is legal. The ATO treats mining run as a business as business income; hobby miners generally pay capital gains tax when they dispose of mined coins.
Tax
The Australian Taxation Office treats crypto as property for capital gains tax (CGT). Selling, swapping or spending crypto is a CGT event. If you held the asset for more than 12 months, individuals can usually discount the gain by 50%. Staking rewards and crypto received as pay are income. The ATO receives data from exchanges and matches it to returns.
Stablecoins
There is no stablecoin-specific law yet. Regulators' guidance updated in 2025 says many stablecoins and wrapped tokens may already be financial products, so offering them can require a licence. The government has proposed licensing payment stablecoins as stored-value facilities under payments reforms.
Restrictions and bans
- Crypto ATMs. In June 2025 AUSTRAC imposed conditions on crypto ATM operators, including a A$5,000 limit on cash deposits and withdrawals and stronger scam warnings. See Bitcoin ATMs.
- Scam websites. ASIC regularly has investment-scam websites taken down.
What changed recently
Digital currency exchanges must register with AUSTRAC.
AUSTRAC imposes new conditions on crypto ATM operators.
Expanded anti-money-laundering obligations for virtual asset service providers begin.
Parliament passes the Digital Assets Framework law.
- The Digital Assets Framework law commences on April 9, 2027; check ASIC for transition details and any further guidance.
- Stablecoin licensing under payments reforms had not been legislated when we checked.
This page summarizes the rules for general understanding. Laws change, and how they apply depends on your circumstances. For a decision that matters, check the official sources below or ask a qualified local adviser.
Frequently asked questions
Is crypto legal in Australia?
Yes. Exchanges must register with AUSTRAC, and platforms will need a financial services licence under the 2026 law.
How is crypto taxed in Australia?
Mostly under capital gains tax, with a 50% discount for individuals who held more than 12 months. Staking rewards and crypto pay are income.
Are crypto ATMs limited in Australia?
Yes. Since 2025 AUSTRAC caps crypto ATM cash transactions at A$5,000 and requires scam warnings.
Where to next
Sources
- Digital currency exchange providers (AUSTRAC)
- Crypto-assets (Australian Securities and Investments Commission)
- Crypto asset investments (Australian Taxation Office)
- Australia passes bill requiring financial licences for crypto platforms (The Block, April 2026)
Written for beginners and checked against the sources listed. Last reviewed November 2026. This page is educational and is not financial, tax or legal advice. How we write and check pages.