Crypto Exchanges in AU Require Financial Licenses Starting in 2024: ASIC Expands Act

Australian regulators are reportedly drafting updated guidance that will require cryptocurrency exchanges to obtain financial services licenses. This will expand the current licensing requirements, which apply primarily to digital currency exchanges. The Australian Financial Review (AFR) shared details of these upcoming changes.

Further Crypto Regulations Needed

Alan Kirkland, a commissioner at the Australian Securities and Investments Commission (ASIC), explained the regulator’s reasoning. He stated that the Corporations Act already covers most major crypto assets, such as Bitcoin. However, further regulations are needed to ensure clearer oversight of the sector.

Kirkland revealed these plans during the AFR Crypto and Digital Assets summit in Sydney on September 23. He also mentioned that the ASIC is preparing to update ASIC’s Information Sheet 225.

This update will clarify how certain crypto tokens and products should be treated from a regulatory perspective. The new guidence is expected to be issued by November 2024.

🇦🇺 Australia will require crypto firms to obtain financial licenses as ASIC plans to update guidance on crypto assets, now seen as financial products, by November.https://t.co/z78kPXIw54

“ASIC’s message is that a significant number of crypto asset firms in the Australian market are likely to need a license under the current law,” the commissioner stated. “This is because we think many widely traded crypto assets are a financial product,” Kirkland noted.

New FMI Laws Strengthen Oversight

Meanwhile, the ASIC has gained enhanced regulatory powers through reforms to the country's financial market infrastructure (FMI) laws, as reported by Finance Magnates.

The Treasury Laws Amendment Bill 2024, which received Royal Assent on September 17, introduces new measures to improve the oversight of key entities in Australia's capital markets. These include financial market operators, benchmark administrators, clearing and settlement facilities, and derivative trade repositories, aiming to boost stability and efficiency.