Gofaizen & Sherle helps you identify the permissions your crypto business needs in Australia and prepare the required applications. Our support covers AUSTRAC VASP registration, ASIC licensing assessment and AML/CTF compliance.
RegistrationAustralian VASP (virtual asset service provider)
RegulatorAUSTRAC, Australia’s financial intelligence agency and AML supervisor
CommissionAustralian Securities and Investments Commission (ASIC) overseeing financial services
Digital Assets FrameworkFuture platform licensing regime
Support for Digital Asset Businesses
Assessment considers your customers, target markets and the services you plan to provide.
May fit
Entering Australia as a virtual asset service provider
Expanding an existing operator’s designated services
Reviewing a platform’s products before launch
May not fit
Buying or holding crypto solely for personal investment
Seeking registration only for markets outside Australia
Needing company formation without crypto regulatory assessment or application support
Choose the Applicable Regulatory Route
Your business may need more than one registration or license.
Registration or License
When It Applies
AUSTRAC VASP registration
Providing designated virtual asset services with an Australian geographical link. Registration addresses anti-money laundering and counter-terrorism financing (AML/CTF) obligations.
Australian financial services license (AFSL)
Providing relevant financial services involving financial products. The assets’ rights and business arrangements determine coverage. Exemptions or acting as an authorized representative may apply.
Australian market license
Operating a facility where offers to buy or sell financial products are regularly made or accepted, unless exempt.
Clearing and settlement facility license
Providing a regular mechanism for parties to financial-product transactions to meet prescribed obligations to each other, unless exempt. This is separate from custody.
Which Virtual Asset Services Are Covered?
Coverage depends on the services your business provides and their connection to Australia.
Providing specified financial services connected with an issuer’s offer or sale of virtual assets, where your business participates in that offer or sale.
Exchanging crypto for fiat, or arranging that exchange.
Exchanging crypto for crypto, or arranging that exchange.
Transferring virtual assets for customers.
Safekeeping or managing customers’ virtual assets or private keys.
Classification depends on function, control and the company’s role in the transaction. A model is more likely to fall within Article 15 quater when the company stores or controls virtual assets, executes transfers, intermediates exchange, moves fiat for customers or has a direct financial-service relationship with them. Labels such as “software” or “non-custodial” do not decide the result.
Separate rules may apply when the product performs payment services or involves securities. Tokenization is therefore a secondary use case here. The analysis starts with the rights represented by the token, the issuance and distribution model, custody and payment flows, not with the tokenization label itself.
Future Rules for Digital Asset Platforms
The Digital Assets Framework (DAF) introduces new AFSL authorizations from April 8, 2027. It covers digital asset platforms (DAPs) holding clients’ tokens and tokenized custody platforms (TCPs) representing underlying assets held for clients as tokens.
The future exemption for issuing a DAP requires all four conditions:
No financial products are held under any DAP issued by a closely related group member.
Transactions across those platforms total no more than A$10 million over the previous 12 months.
Whenever a token enters a platform, each customer’s aggregate asset entry value across those platforms, including holdings through nominees, does not exceed A$5,000.
The issuer lodges the prescribed notice with ASIC.
Entry value means market value when a token enters the platform, rather than its continuously updated value. Regulations may increase the statutory thresholds. This exemption does not remove AUSTRAC obligations.
What Gofaizen & Sherle Will Handle
Licensing and regulatory consultants coordinating the corporate, compliance, filing and operational-readiness workstreams.
01
Assessment & Structure
Review your services, customer markets and asset flows.
Identify applicable AUSTRAC registration and ASIC licensing requirements.
Support company setup and structuring for the planned activities.
02
Registration & Documentation
Prepare applications and supporting regulatory documents.
Coordinate relevant ASIC licensing work.
Help you respond to regulator questions and requests for information.
03
Compliance Framework
Help prepare your business’s AML/CTF risk assessment and program.
Define governance arrangements and compliance responsibilities.
Document procedures for customer checks, monitoring, reporting and recordkeeping.
04
Operational Readiness
Support implementation of the required compliance controls.
Review outstanding regulatory conditions before launch.
Assist with post-registration and post-authorization compliance.
Cost Factors and Scope
The crypto license cost in Australia includes application work and the resources needed to operate compliantly.
Category
Cost Driver
Government fees
Route and filing type
Professional work
Agreed assessment and application tasks
Third parties
Formation and required local support
Compliance costs
Staff, systems and implementation
Compare VASP registration cost quotations by the work and expenses included.
The Crypto Licensing Process
Step1
You describe services and asset flows.
Step2
Gofaizen & Sherle identifies the route and agrees the work.
Step3
Gofaizen & Sherle helps develop the selected corporate structure and prepare the required documents.
Step4
The applicable application goes to AUSTRAC or ASIC.
Step5
You answer regulatory questions with our support. The authority may approve, impose conditions or refuse.
Step6
You implement required controls before launch.
Crypto License Requirements and Client Inputs
Ownership & Management
Founders, shareholders and ultimate beneficial owners (UBOs) · Directors and responsible managers · Countries of residence
Business Model
Business plan and revenue model · Products and services · How customer assets are held and controlled
Transactions & Markets
Fiat and crypto transaction flows · Expected transaction volumes · Customer types, countries and target markets
Compliance & Banking
Existing AML/CTF risk assessment and policies · Customer verification and transaction monitoring procedures · Banking needs and existing arrangements
Our expertise
Why Gofaizen & Sherle?
We combine legal, regulatory and technical expertise to support asset tokenization projects from initial assessment to implementation.
01Corporate structuringCompany formation and cross-border business setup.
02Financial regulationsApplication preparation and regulator-facing documentation.
03Compliance & GovernanceAML/CTF frameworks and post-authorisation support.
AUSTRAC may take up to 90 days to assess an application.
A request for further information restarts that period when you provide it. Document preparation, company setup and bank review add time. The regulator’s assessment period is not a launch date.
Australian Digital Asset Regulation
AML/CTF law. The AML/CTF Act 2006 and AUSTRAC Rules govern registration and financial-crime controls for covered virtual asset services under AUSTRAC supervision.
Financial services law. The Corporations Act 2001 governs financial products and services. ASIC INFO 225 explains when digital assets fall within these rules. RG 1 guides AFSL applications and variations.
AUSTRAC registration does not replace an AFSL where one is required.
Current Regulatory Status
Date
Regulatory Position
March 31, 2026
Digital currency exchange registrations automatically became VASP registrations.
July 1, 2026
AML/CTF obligations began for newly regulated virtual asset services; existing fiat-to-virtual exchange services transitioned on March 31.
September 30, 2026
ASIC’s qualifying no-action deadline passed. Timely qualifying applicants may remain covered until grant, refusal, withdrawal or rejection, subject to the letter’s conditions and service exclusions.
April 8, 2027*
DAP/TCP rules commence. Draft implementation standards remain under consultation.
Ongoing AML/CTF Compliance
Operators must maintain:
customer due diligence and an AML/CTF program with a compliance officer
transaction monitoring, suspicious matter reporting, records and sanctions controls
risk-appropriate independent evaluation at least every three years, subject to first-deadline transitional rules.
VASP registration lasts three years. Apply for renewal within the 90 days before expiry. A timely application preserves registration while AUSTRAC decides.
* From April 8, 2027, the new amendments have a six-month transition for services without corresponding AFSL authorization. A grant or variation application during that period extends the delay until the day after ASIC’s decision. Without an application, the amendments apply after six months. Current financial-services and AML duties continue.
Australia Crypto Tax for Businesses
Crypto held for trading, mining or exchange business is generally trading stock. Business investments may instead attract capital gains tax.
Company tax is generally 30%. The 25% rate applies to qualifying base rate entities with aggregated turnover below A$50 million and base rate entity passive income no greater than 80% of assessable income. Goods and services tax (GST) liabilities or purchase credits may arise from business transactions. Registration creates no blanket GST exemption.
Travel Rule and Self-Hosted Wallets
The Travel Rule requires payer and payee information for covered transfers.
Institutions sending and receiving transfers identify wallet types and assess counterparties. Transfers to unlawfully operating custodial providers are prohibited. March 31, 2029 concerns reporting for unverified self-hosted wallet transfers only. It does not defer wallet checks, suspicious matter reports or the broader Travel Rule.
Regulatory Risk and Enforcement
Launching without required permissions creates regulatory risk, even while future DAF rules are pending. ASIC’s conditional no-action position is not a license or immunity from third-party action.
Australia and Alternative Markets
Compare jurisdictions by your services, customer markets and registration requirements.
Market
Main Consideration
Australia
Designated services, plus a separate financial-product assessment.
Montana, USA
No state money transmitter license. Covered crypto businesses still need federal FinCEN MSB registration and AML compliance. Other states’ requirements may apply.
Canada
FINTRAC MSB registration covers qualifying crypto exchange and transfer services. Provincial, securities and payment requirements need separate assessment.
Costa Rica
Assess VASP registration and AML obligations under Law 10961, including applicable implementing rules.
El Salvador
Bitcoin services use the BCR registration route. Services involving other digital assets fall under the separate CNAD framework.
Panama
Company formation requires a separate review of planned activities. Banking, securities or other regulated services may need additional permission.
Establishing a business abroad does not remove Australian obligations if your services retain the required Australian connection.
Possibly. Australian geographical links and your chosen entity determine obligations, including any corporate residence and address requirements.
Does my registration expire while renewal is reviewed?
No, if you apply within the 90-day window before expiry, registration continues until AUSTRAC decides.
Does calling my token a utility token remove AFSL obligations?
No. ASIC assesses the rights and benefits attached to the token and the financial services you provide.
Can a small platform skip AUSTRAC registration?
Size alone does not exempt designated services. The future limited DAP issuance exemption concerns AFSL, not AUSTRAC registration.
What happens if ASIC has not decided my DAF application?
For a service without corresponding authorization, applying during the six-month transition delays the new amendments until the day after ASIC decides. Existing duties remain.
Do all documents need an apostille?
Confirm certification, translation and apostille formalities for the particular document, applicant and receiving authority before arranging them.
Can I receive a fixed quote before choosing the route?
The route determines application work and compliance needs. Agree deliverables before treating a quote as the total budget.
What happens when AUSTRAC asks for more information?
Provide the requested information. AUSTRAC’s assessment period restarts for up to 90 days when you supply it.
Is an independent AML evaluation required every year?
Not universally. Frequency must reflect risk, at least every three years, with transitional rules for first evaluations.
Which records help with both banking and tax review?
Keep transaction histories, valuations and explanations of asset flows. They support questions about activity and tax treatment.
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