Nils Silinevics
Partner · AML & Crypto Compliance · Former FIU Investigator
Binance is not registered with AUSTRAC (financial intelligence) + ASIC (corporate regulator) — but your funds are not lost. Swiss lawyers submit directly to Binance's compliance team, bypassing standard support. 90%+ success rate.
Binance Australia cancelled AFSL (2023); CFD license surrendered; served by Binance.com globally
AUSTRAC requires crypto exchanges to register as 'digital currency exchange (DCE) providers' — mandatory since 2018; ASIC regulates crypto investment products
This matters because it determines which regulatory body has authority over your case — and whether you have a direct complaint path or need cross-jurisdictional legal action.
What this means for you: Binance is not registered with AUSTRAC (financial intelligence) + ASIC (corporate regulator), so direct regulatory complaints are limited. However, Binance still operates under its home jurisdiction's AML laws (multiple (Binance entities in various jurisdictions)). We submit legal documents directly to Binance's compliance team — not through standard support channels.
Your funds are not illegal. Using an unregistered exchange in Australia does not make your crypto holdings illegal under Anti-Money Laundering and Counter-Terrorism Financing Act 2006. You may face tax reporting obligations, but the funds themselves are yours.
under AML/CTF Act, you can complain to AUSTRAC; also AFCA (Australian Financial Complaints Authority) for consumer disputes
Under Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act), Binance must conduct customer due diligence and can freeze accounts during AML investigations. However, they must also:
If Binance doesn't meet these obligations, we escalate to AUSTRAC (financial intelligence) + ASIC (corporate regulator) and file a formal legal submission. For a broader comparison of how Australia's rules stack up against other jurisdictions, see our AML laws by country reference.
capital gains tax (CGT) — 50% discount if held >12 months; income tax if trading as business
If your Binance account is frozen, you may still need to declare your crypto holdings on your Australia tax return — even if you can't access them. Under Australia law, the tax obligation may apply regardless of whether the funds are accessible. We recommend consulting a Australian tax advisor.
If the freeze causes you to miss a tax deadline, we can provide documentation for the AUSTRAC (financial intelligence) + ASIC (corporate regulator) and tax authority explaining the situation.
A Australian user with a common Middle Eastern name had their Binance account frozen after a sanctions screening match. Binance's compliance tool (Chainalysis + internal risk engine) flagged the name against OFAC lists. We prepared a non-association declaration and cross-referenced with AUSTRAC (financial intelligence) + ASIC (corporate regulator)'s sanctions guidance. The account was restored after we provided a legal submission citing AUSTRAC (financial intelligence) + ASIC (corporate regulator)'s guidelines and the client's transaction history.
Details anonymized to protect client confidentiality. Swiss professional secrecy applies.
We analyze your Binance account, transaction history, and Australia regulatory context to identify the exact trigger. Was it a Chainalysis + internal risk engine risk flag? A sanctions screening match? A source-of-funds demand? Each requires a different strategy.
We prepare documentation compliant with Anti-Money Laundering and Counter-Terrorism Financing Act 2006 — not just Binance's standard templates. This includes source-of-funds proof, transaction tracing, and any required AUSTRAC-specific forms.
We submit through Binance's compliance channels — not standard support. Our submission is in English and references AUSTRAC guidelines. We coordinate with AUSTRAC even though Binance is not registered.
We verify everything works and advise on preventing recurrence on Binance. If Binance doesn't respond within no statutory maximum; AUSTRAC expects compliance review within 14 days, we escalate to AUSTRAC and pursue cross-jurisdictional action in Cayman Islands if needed.
Tell us what happened. A senior crypto compliance lawyer — not a chatbot, not a junior — will read your case and respond within 6 hours. Swiss professional secrecy applies from your first message.