Crypto Law Profile

Australia AML/CTF Amendment Act 2017

Australia’s 2017 AML/CTF Amendment Act brought digital currency exchange providers into AUSTRAC’s AML/CTF regime through registration, reporting and enforcement rules.

Australia Effective Act Apr 3, 2018

At a glance

Status In force; later reforms transitioned DCE registration into the VASP framework.
Effective date The whole Act commenced on April 3, 2018 by proclamation.
Crypto scope Covered fiat-to-digital-currency and digital-currency-to-fiat exchange services.
Regulator AUSTRAC administers registration and enforcement for covered providers.

Overview

The Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2017 is an Australian Commonwealth Act that amended the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. The Federal Register of Legislation lists the Act as in force; it was assented to on Dec. 13, 2017 and commenced on Apr. 3, 2018. For crypto markets, its main significance was bringing fiat-to-digital-currency exchange services into AUSTRAC’s anti-money laundering and counter-terrorism financing regime.

The Act did not create a full market conduct framework for crypto assets. Instead, it treated a defined digital currency exchange service as a designated service for financial-crime regulation. That positioned digital currency exchange providers alongside other reporting entities for enrolment, customer identification, suspicious matter reporting, record-keeping and related AML/CTF controls.

Parliamentary history and scope

The bill originated in the House of Representatives as a Government bill during Australia’s 45th Parliament, passed both Houses on Dec. 7, 2017, and received assent on Dec. 13, 2017. Parliament’s summary described a broader AML/CTF reform package beyond crypto, including expanded statutory objects, correspondent banking changes, information sharing by related bodies corporate, additional infringement notice powers, remedial directions, search-and-seizure powers for physical currency and bearer negotiable instruments, revised definitions and industry deregulatory measures.

Key provisions for digital currency exchange providers

The amendment introduced a definition of “digital currency” as a digital representation of value that can function as a medium of exchange, store of economic value or unit of account, is not issued by or under government authority, and is interchangeable with money. It also replaced earlier e-currency language in several provisions.

The central crypto-specific change was item 50A in section 6, which captured exchanging digital currency for money, or money for digital currency, where provided in the course of carrying on a digital currency exchange business. This scope was narrower than a comprehensive virtual asset service provider framework because it focused on fiat-to-crypto and crypto-to-fiat exchange activity.

  • Created Part 6A for the Digital Currency Exchange Register.
  • Required registrable digital currency exchange providers to be registered with AUSTRAC.
  • Allowed AUSTRAC to assess whether registration would involve significant money laundering, terrorism financing or other serious crime risk.
  • Made unregistered provision of registrable exchange services, and breach of registration conditions, subject to offences and civil penalties.

AUSTRAC registration and compliance context

AUSTRAC announced on Apr. 11, 2018 that the new digital currency exchange laws had been implemented and that DCEs with a business operation located in Australia had to register with AUSTRAC and meet AML/CTF compliance and reporting obligations. AUSTRAC’s statement identified a transition period to May 14, 2018 for existing DCE businesses.

The 2017 Act is therefore best understood as Australia’s first crypto-specific AML/CTF amendment. It did not determine whether a crypto asset is a financial product, security or commodity. Its function was to make covered exchange activity visible to Australia’s financial intelligence unit through registration, customer due diligence, transaction monitoring and reporting.

Status and later Australian virtual asset reforms

As of July 10, 2026, the 2017 Act remains listed as in force. However, Australia’s AML/CTF regime has continued to change. AUSTRAC’s 2026 transitional guidance states that businesses already registered as digital currency exchange providers were automatically registered as virtual asset service providers from Mar. 31, 2026. The same guidance says some obligations for new registrable virtual asset services were deferred to July 1, 2026, while item 50A fiat-to-digital-currency exchange services were excluded from that deferral.

For a CryptoSlate law profile, the Act should be presented as the historical statute that brought Australian crypto exchanges into the AML/CTF perimeter, with a note that current regulated entities and editors should cross-reference later AML/CTF amendments, AUSTRAC Rules and transitional guidance for the present VASP framework. This profile is informational and does not provide legal, tax, investment or trading advice.

Key provisions

Digital currency definition

Defined digital currency for AML/CTF purposes and replaced earlier e-currency terminology in core provisions.

AML/CFT Apr 3, 2018 Source

DCE designated service

Added item 50A for exchanging digital currency for money, or money for digital currency, in a DCE business.

Licensing & Registration Apr 3, 2018 Source

Digital Currency Exchange Register

Created Part 6A requiring AUSTRAC to maintain a DCE Register and decide registration applications by ML/TF risk.

Licensing & Registration Apr 3, 2018 Source

Unregistered-service penalties

Made unregistered DCE services and breaches of registration conditions subject to offences and civil penalties.

Enforcement & Asset Recovery Apr 3, 2018 Source

AML/CTF reporting context

AUSTRAC linked DCE registration to customer identity checks, transaction monitoring and suspicious or high-value cash reporting.

AML/CFT Apr 3, 2018 Source

Timeline

  1. Bill introduced

    Government bill introduced in the House of Representatives.

    Introduced Source
  2. Passed both Houses

    Parliament records the bill as finally passed by both Houses.

    Passed Source
  3. Royal Assent

    Act No. 130 of 2017 received assent.

    Enacted Source
  4. Commencement

    The whole Act commenced by proclamation.

    In force Source
  5. DCE-to-VASP transition

    AUSTRAC guidance says registered DCE providers automatically became VASPs.

    In force Source

Who it affects

Actors

AUSTRAC, Department of Home Affairs, Parliament of Australia

Asset classes

Cryptocurrencies, Digital currency, Virtual assets

Official sources

Editorial note

As of July 10, 2026, the 2017 Act is in force. Its DCE framework should be read alongside later AML/CTF reforms that transitioned registered DCE providers into Australia’s VASP framework.