Cryptocurrency business licensing in Australia

22.06.2023

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Cryptocurrencies are at the forefront of the financial technology world and interest in this area continues to grow. In Australia, as in many other countries, the regulation of cryptocurrency businesses is an important part of ensuring their safety and legality. Interestingly, Australia does not have a specific crypto license, and regulation is done through other regulatory tools.

Methods of cryptocurrency regulation in Australia

Cryptocurrency regulation in Australia is based on the legislative framework, which has been in place since 2017 under the AML/CFT Act. This legislation is crucial to regulating cryptocurrency businesses in the country and setting standards for those involved in cryptocurrency activities.

Under AML/CFT, companies that offer cryptocurrency exchange services or provide digital wallets are required to comply with anti-money laundering and anti-financing of criminal organizations policies. This includes customer identification procedures, transaction monitoring, and suspicious transaction reporting. Entrepreneurs wishing to establish a cryptocurrency exchange in Australia must also develop and implement controls and risk management systems to prevent financial crime.

Regulator of the cryptocurrency business

In Australia, the operation of cryptocurrency exchanges and related services is the responsibility of the country's financial intelligence unit, the Transaction Reports and Analysis Unit (AUSTRAC). The regulator has established rules for cryptocurrency exchange service providers and crypto wallets, which operate as follows

Cryptocurrency exchanges must:

verify the identity of their customers, collect and verify information,
report any suspicious transactions or actions to regulators,
maintain transaction records for at least seven years,
establish and support AML/CFT programs.

While cryptocurrency wallet providers are not directly regulated by AUSTRAC, they are still required to comply with the following regulatory requirements:

implement AML/CFT measures,
work with exchanges that comply with these rules.

General guidelines for those wishing to apply for a cryptocurrency license in Australia

Understand the AML/CFT legislation

Start by thoroughly studying the AML/CFT legislation in Australia. Research the relevant regulations, policies, and principles in this area.

Develop internal control procedures

Establish and implement appropriate internal control and monitoring procedures within your organization. This should include compliance reporting and regular audits to ensure compliance with cryptocurrency regulations.

Seek professional advice

Consider seeking professional counsel to guide through the cryptocurrency licensing process in Australia. Experts can provide valuable assistance and ensure compliance with all regulatory requirements.

Ensure long-term success

Complying with all the requirements and implementing effective internal controls will not only help you obtain a cryptocurrency license, but will also ensure long-term success and ongoing compliance with cryptocurrency regulations in Australia.

Type	Description
Exchanging and trading	Cryptocurrency exchanges in Australia facilitate the buying, selling, and trading of various cryptocurrencies. Users can trade with local currency or other cryptocurrencies. Regulatory oversight ensures the security and transparency of these transactions.
Digital asset storage services	Companies in Australia provide secure storage services for cryptocurrencies and digital assets. They often employ cold wallets (offline wallets) for added security. Protecting digital assets is essential to prevent theft or loss.
Initial coin offerings	ICOs are fundraising methods where companies issue and sell blockchain-based tokens. In Australia, ICOs are allowed but subject to regulatory requirements and approvals. Regulatory oversight ensures transparent and investor-protected ICOs.

In Australia, cryptocurrency companies may be subject to the following types of taxes:

Income tax. Cryptocurrency businesses are liable to pay income tax on their earnings, with rates of up to 30% depending on the amount of income and prevailing tax rates.
Capital gains tax. Capital gains realized from the sale of digital assets are also subject to taxation. The tax rate can go up to 30%, depending on factors like residency and international treaties.

The regulatory landscape for cryptocurrency activities in Australia aims to protect investors, prevent money laundering and criminal financing, and ensure market transparency while allowing for innovation in the cryptocurrency sector. Businesses and individuals involved in cryptocurrency activities must comply with these regulations to operate legally.

Common list of required documentation

To obtain a license for cryptocurrency activities in Australia, it is necessary to submit several documents that will help assess the company's compliance with regulatory requirements, as well as present its business model, ability to effectively manage risks and comply with regulations. Some required documents are provided below.

Business plan: this plan outlines the company's strategy, objectives, and financial projections, demonstrating a clear understanding of the cryptocurrency industry's risks and opportunities.
Rules for conducting transactions: develop internal rules and procedures for cryptocurrency transactions, including customer identification, transaction reviews, and reporting suspicious activities to ensure compliance with AML/CFT regulations.
Proof of financial strength: provide financial statements and other evidence to verify the company's financial solvency.

This is only an indication, and specific requirements may vary depending on the type of cryptocurrency activity the company intends to conduct.

For more information on license applications in Australia, you can contact our legal experts. Interested parties can fill out the contact form and our company will contact you at a convenient time to assist you further.