澳大利亚数字资产企业ASIC无行动期结束

ASIC's no-action period ends on September 30, 2026, exposing unlicensed digital asset companies to risks.

Penalties for unlicensed operations include civil and criminal actions, with fines up to 10% of turnover. The DAP (Digital Asset Platform) and TCP (Tokenized Custody Platform) licensing systems under the Digital Assets Framework Act will be implemented on April 9, 2027. AUSTRAC's (Australia Transaction Reporting and Analysis Centre) extended anti- money laundering /anti-terrorist financing (AML/CTF) rules came into effect on March 31, 2026, and wallet reporting requirements will be implemented in 2029.

Australia's ASIC "no-action period" for digital asset companies has ended on September 30, 2026. Starting October 1, companies that provide scope services without submitting a license application may face enforcement action. Regulators have previously extended the original deadline from June 30 to give the industry more time. At the same time, Australia's digital asset regulation is advancing along two other tracks: a new platform licensing system and AUSTRAC's expanded anti- money laundering requirements.

INFO225 Licensing Guidelines are now applicable

TRM Labs outlines these changes on the X platform. The company pointed out that "ASIC's no-action period is over" and detailed the three major regulatory tracks for Australia's digital assets."

The first track involves Information Announcement No. 225 (INFO 225). The announcement explains how existing financial services laws apply to digital assets. ASIC clarified the guidance after issuing Consultation Document No. 381 in December 2025. The guidelines state that certain stablecoins, wrapped tokens and pledge arrangements may be considered financial products under the Companies Act 2001.

Companies that trade, advise on or hold such products typically require an Australia Financial Services Licence (AFSL). This requirement also extends to offshore companies that promote or provide such services to Australia residents. ASIC's working example lists stable coins with yields, managed pledges, and wrap tokens as possible financial products; while self-custodial wallets, meme coins, and basic proof of stake rewards are listed as unlikely to qualify as financial products.

ASIC took a no-action stance to support an orderly transition. During the ASIC no-action period, regulators will not take action if a company submits an AFSL application before the deadline. The deadline has been adjusted from June 30 to September 30, 2026. Currently, unlicensed companies face civil and criminal penalties, including fines of up to 10% of annual turnover. As of September 2, ASIC has recorded more than 45 license applications.

New DAP and TCP licensing regimes

The second track is the Companies Amendment (Digital Assets Framework) Act of 2026. The bill will take effect on April 9, 2027, after the end of the ASIC no-action period.

The bill brings digital asset platforms (DAPs) and tokenized escrow platforms (TCPs) into the AFSL framework. This rule applies even if the tokens they hold are not financial products. DAP refers to a service facility where operators hold digital tokens for customers and record their rights in accounts, which covers most cryptocurrency exchanges, brokers and custodians. TCP covers operators that hold real-world assets and issue tokens that represent redemption or pickup rights.

Platform operators must hold AFSL and maintain platform rules. These rules cover qualifications, customer obligations, settlements, fees and methods of deposit, redemption and delivery of assets. Operators must also provide customers with DAP or TCP guidelines before moving in.

The bill contains exemptions, such as minimal exemptions for low-trading-volume platforms. It also excludes public digital token infrastructure and certain custody pledge arrangements. ASIC will set detailed standards through legislative tools and has released an 18-month roadmap starting with stakeholder roundtables and consultations.

AUSTRAC expands anti- money laundering /counter-terrorism financing obligations

Independent of the ASIC no-action period, the post-AUSTRAC anti- money laundering /counter-terrorism financing regime will take effect from March 31, 2026. The reform replaces "digital currency" with "virtual assets" and expands the scope of regulated services.

Previously, only conversions between digital currency and fiat currencies were covered. Now, whether or not AFSL is needed, virtual asset service providers (VASPs) face broader obligations. The new system covers multiple services, including the conversion of virtual assets into currency or other virtual assets. Custody of assets or private keys for customers is also covered. Transfers made on behalf of customers are subject to Travel Rule obligations.

AUSTRAC sets different dates for specific obligations. The comprehensive obligation to convert virtual assets into currency will apply from March 31, 2026. Customer due diligence and record keeping for the newly regulated services will begin on July 1, 2026. Transfer reports involving unverified self-managed wallets will begin on March 31, 2029.

The above obligations apply as long as the services are geographically connected to Australia. If a company is currently unable to meet an obligation, AUSTRAC expects it to have a written implementation plan. TRM points out that companies can experience situations where they "comply on one track and expose risks on another track."