Fintech regulation in Australia is a moving target

We started advising fintech businesses when blockchain and digital assets were still fringe topics in Australian law. Since then, the regulatory landscape has transformed — and it’s about to shift again with major AML reforms coming in 2026.

The challenge for fintech founders is that regulation in this space often lags the technology by years, then arrives all at once. You need a lawyer who understands both your product and the regulatory framework it sits within — not one or the other.

Do you actually need an AFSL?

This is usually the first question. The answer depends on what your product does, not what you call it. We advise on whether your fintech requires an Australian Financial Services Licence, a credit licence, or falls within an exemption. Sometimes the answer saves you six months and significant fees. Sometimes you need to apply — in which case We help prepare the application and build your compliance framework.

AML/CTF is about to get much more complex

Australia’s anti-money laundering regime is expanding significantly. AUSTRAC’s requirements cover customer identification, ongoing due diligence, suspicious matter reporting, and record-keeping — and the scope is broadening to cover new categories of businesses. We help fintechs build AML/CTF programs that satisfy the current requirements and are structured to adapt as the rules change.

Digital assets, crypto, and DeFi

We advise on how tokens and digital assets are characterised under Australian law — which matters for everything from exchange listings to custody arrangements. The regulatory treatment of DeFi protocols remains unsettled, and AI-powered financial products add another layer of complexity. We help clients navigate the current rules while planning for what’s coming.

Open banking and payments

The Consumer Data Right regime creates real commercial opportunities for fintechs willing to navigate the accreditation and consent frameworks. We advise on data recipient obligations and the practical requirements of participating in Australia’s open banking ecosystem. For payment services — from payment facilitators to BNPL providers — we cover the licensing and regulatory requirements.

How we work with fintech clients

We don’t hand you a compliance memo and wish you luck. We work alongside your product and engineering teams to integrate regulatory requirements into the development process. Bolting compliance on after you’ve built the product is always more expensive and usually means reworking things you thought were finished.

If you’re building in fintech, reach out — We’re happy to have an initial conversation about where you stand.

Frequently Asked Questions

Do I need an AFSL for my fintech app?

It depends on what your app does, not what you call it. If your product involves providing financial advice, dealing in financial products, or operating a market, you'll likely need an Australian Financial Services Licence. Some fintechs fall within exemptions — we assess your specific product to determine whether a licence is required.

What are the AML/CTF requirements for fintechs in Australia?

Fintechs that provide designated services — such as digital currency exchanges, remittance, or financial services — must comply with AUSTRAC's AML/CTF regime. This includes customer identification and verification, ongoing due diligence, suspicious matter reporting, and maintaining an AML/CTF program.

Is cryptocurrency regulated in Australia?

Yes. Digital currency exchanges must register with AUSTRAC and comply with AML/CTF obligations. Crypto tokens may also be classified as financial products under the Corporations Act, which triggers AFSL requirements. The regulatory framework is evolving, with further reforms expected.

What is the Consumer Data Right?

The Consumer Data Right (CDR) is an Australian framework that gives consumers control over their data. In banking, it's known as open banking — allowing accredited data recipients to access customer banking data with consent. Fintechs can use CDR to build products that aggregate financial data or offer personalised services.