Key Highlights

  • New legislation brings digital asset platforms into financial services licensing.
  • ASIC will oversee the licensing and supervision framework.
  • The proposed crypto tax reporting regime has not yet become law.
  • The ATO expects its first international crypto data exchange in 2028.

Two sets of crypto rules are heading for Australian investors and platforms, on very different timetables. The Corporations Amendment (Digital Assets Framework) Act 2026 is now law and will bring crypto platforms into the financial services licensing regime. On the tax side, the ATO says the OECD's Crypto-Asset Reporting Framework is not yet law here, and it expects the first international swap of crypto data in 2028. With 2025–26 returns due by 31 October, the distinction matters.

The licensing law that has passed

The Corporations Amendment (Digital Assets Framework) Act 2026 is Act No. 38 of 2026, dated 8 April 2026 on the Federal Register of Legislation. It is enacted law.

The Act brings two new types of business into the Australian financial services licensing regime: "digital asset platforms" and "tokenised custody platforms".

According to a summary published by CryptoSlate, a digital asset platform is a facility where the operator holds digital tokens for, or on behalf of, another person. A tokenised custody platform is one where the operator identifies non-money assets, creates one digital token per asset and holds the underlying asset for the token holder.

ASIC is responsible for licensing, supervision and enforcement under the framework.

When the licensing rules start

The legislation.gov.au text reviewed for this article did not display the commencement table, so the start date here relies on a secondary source.

The same source describes a low-value exemption for smaller platforms. It applies where transactions do not exceed $10 million over the previous 12 months, there is a per-client cap of $5,000 and ASIC has been notified.

For investors, licensing is a consumer protection measure rather than a tax change. It does not alter how crypto gains are taxed.

Until the new regime starts, platforms continue to operate under existing rules. Digital currency exchanges have for some years had to register with AUSTRAC for anti-money laundering purposes, and CryptoSlate notes AUSTRAC remains a regulator alongside ASIC.

The tax side: global data swap still not law

The ATO's page on the OECD Crypto-Asset Reporting Framework, known as CARF, was published on 17 December 2025 alongside the Mid-Year Economic and Fiscal Outlook. It describes the measure as "not yet law".

The page says Australia's first CARF exchange with other countries is expected to begin in 2028. It also says a domestic crypto reporting regime would cover transactions by Australian residents.

The ATO's tracker of new tax law and policy, updated on 18 September 2026, still lists CARF and domestic reporting with a proposed start date of 1 January 2027.

Those dates are not necessarily in conflict. Under the OECD model, information about one calendar year is generally collected by platforms and then exchanged between tax authorities in the following year, which would fit a 2027 start for collection and a 2028 first exchange. Either way, the ATO describes the regime as a proposal until legislation passes.