Are memecoins legal in Australia?

The Editor·10 min read·Updated 31 Aug 2026

Are memecoins legal in Australia? Yes. ASIC's updated INFO 225 names four financial products and memecoins are not among them. What that means for traders.

Yes. Buying, holding and selling memecoins is lawful in Australia, and no Australian law bans them as a category. ASIC's updated INFO 225, published 29 October 2025, names four things it treats as financial products — stablecoins, wrapped tokens, tokenised securities and digital asset wallets. Memecoins are not among them.

Reviewed as of 31 August 2026. Jurisdiction: Australia (Commonwealth).

That absence is the whole article. Australian law-firm coverage of crypto is written for institutions applying for licences, and it recites what INFO 225 covers. Almost nobody has written down what it does not cover, or why that changed on 30 June 2026 when the transitional relief expired.

Four different questions hide inside "is it legal"

Holding and trading a memecoin is lawful. Issuing one is not prohibited but can, on the wrong facts, create a financial product you are not licensed to deal in. Promoting one engages misleading-conduct law whether or not the token is a financial product. Operating a platform that exchanges crypto for money engages AUSTRAC registration. Defrauding people is a crime.

Those five outcomes have five different tests. Australian content that answers only the first, or only the second, is the reason this question keeps getting asked.

What INFO 225 actually says, and what it leaves out

Information Sheet 225, Digital assets: financial products and services, is ASIC's guidance on when a digital asset or a service involving one falls inside the Corporations Act 2001 (Cth). The version that matters was published on 29 October 2025.

The update did something useful and unusually concrete: it named categories. INFO 225 identifies stablecoins, wrapped tokens, tokenised securities and digital asset wallets as things ASIC considers to be, or to involve, financial products. Each of those has an obvious hook into the statutory definitions. A stablecoin looks like a non-cash payment facility or a deposit-like arrangement. A wrapped token is a claim on a deposited asset. A tokenised security is a security wearing a token. A wallet that holds assets for someone else looks like a custodial or depository service.

INFO 225 does not mention memecoins. We have checked, and the absence is the finding. ASIC has not published a memecoin classification, has not asserted that memecoins are financial products, and has not created a memecoin carve-out either. There is simply nothing there.

Read against the general definition of a financial product in section 763A of the Corporations Act 2001 — broadly, a facility through which a person makes a financial investment, manages financial risk, or makes non-cash payments — a plain memecoin struggles to qualify. There is no pooling of contributions, no issuer applying them to generate a return, no yield, no redemption right, and no promise of anything. That is the same feature set that keeps memecoins outside the US securities analysis, and it is why the absence in INFO 225 is not an oversight.

Two caveats, and they are load-bearing. ASIC guidance is guidance: an information sheet is the regulator's view of the law, not the law, and a court applies the Corporations Act to the facts in front of it regardless of what ASIC has published. And guidance can be updated. The 29 October 2025 version is the operative one as of 31 August 2026.

Where the line moves: the moment a launch promises something

This is the part that matters for anyone launching rather than buying.

A memecoin with no yield, no pooling and no issuer promise sits outside the four named categories. The moment a launch starts promising fee-sharing, revenue distribution, buybacks funded by trading fees, a treasury managed on holders' behalf, or a staking return, the analysis changes. You are no longer describing a collectible. You are describing an arrangement in which people contribute money, someone else operates something, and the contributors expect a financial return from that operation — which is the shape of a managed investment scheme under Chapter 5C of the Corporations Act, and an interest in a managed investment scheme is a financial product.

Creator-fee mechanics make this a live question rather than a theoretical one, because several launchpads now route a share of trading fees to a named party by design. Where that share goes to the creator personally it is income, not a scheme. Where it is presented to buyers as a return they participate in, the characterisation gets much harder. The mechanics are set out in how launchpad fee splits actually work, and if you are structuring one, that structuring question belongs with an Australian financial services lawyer before you deploy, not after.

Dealing in or advising on a financial product without an Australian Financial Services licence, or an authorisation under someone else's, is an offence. That is the exposure — not the token itself, but the promise wrapped around it.

The 30 June 2026 date, and why this is timely now

Alongside the October 2025 INFO 225 update, ASIC provided sector-wide transitional relief so that firms caught by the new positions had time to seek licensing or restructure. That forbearance ran to 30 June 2026 and has now expired.

That does not change the memecoin answer — memecoins were never in the four categories, so there was nothing to be relieved of. It changes the context around them. Australian platforms that offer stablecoins, wrapped tokens, tokenised securities or custodial wallets alongside memecoins are now expected to be licensed or authorised for the parts of their business that touch those products. If a venue you use for memecoin trading also holds your assets, the custodial side is where its Australian licensing obligations sit, and that is a question worth asking it directly.

What applies regardless of whether it is a financial product

Three bodies of law reach memecoins in Australia without any need for financial product status.

Misleading or deceptive conduct. Section 18 of the Australian Consumer Law, in Schedule 2 to the Competition and Consumer Act 2010 (Cth), prohibits conduct in trade or commerce that is misleading or deceptive or likely to mislead or deceive. It has no fault element — you do not need to have intended to mislead. For financial products and services, the equivalent provisions sit in the ASIC Act 2001. Between them, essentially every commercial statement made about a token in Australia is covered by one or the other.

Fraud. Obtaining property or a financial advantage by deception is a criminal offence under state and territory criminal law and, where Commonwealth interests are engaged, under the Criminal Code Act 1995 (Cth). A rug pull is prosecuted as ordinary fraud. There is no separate rug pull offence anywhere, in Australia or elsewhere.

AML. A digital currency exchange provider — a business exchanging digital currency for money or money for digital currency — must be registered with AUSTRAC under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). This has been the position since 3 April 2018 and is independent of anything in INFO 225. Registration is about the business, not about the tokens it lists, and it tells you nothing about whether a listed token is safe.

Tax, briefly, because it is where the real cost is

The ATO treats crypto assets as CGT assets. Disposal includes selling for fiat, spending, and — the one that surprises people — swapping one token for another. A memecoin-to-SOL trade is a disposal, and so is a memecoin-to-memecoin trade. A trader running hundreds of swaps has hundreds of CGT events regardless of whether any Australian dollars moved.

The 50% CGT discount requires holding for more than 12 months, which almost never describes memecoin activity. The personal use asset exemption is narrow and the ATO has been explicit that assets acquired as an investment do not qualify — Australian memecoin holders routinely and wrongly believe it saves them. And the announced replacement of the 50% discount with an inflation-based discount plus a minimum tax on gains from 1 July 2027 is an announcement, not enacted law, and needs its legislative status checked before anyone relies on it. The full working is in what Australian memecoin traders owe and what changes in 2027; the ATO's crypto asset guidance is the primary source.

What this article does not tell you

It does not tell you whether your specific token is a financial product. That depends on what was promised, by whom, to whom, and what the money does after it arrives. INFO 225's silence on memecoins is a strong signal about the plain case and no help at all on a structured one.

It does not cover Treasury's separate workstream on licensing digital asset platforms. Consultation has been running for some time; we have not verified its legislative status as of 31 August 2026 and this article does not rely on it. If a digital asset platform licensing regime is enacted, the venue-side analysis here changes and the memecoin-side analysis probably does not.

It does not tell you that ASIC's silence is permanent. A regulator that has not addressed something has not blessed it. If a memecoin launch in Australia produces a large enough retail loss with a clear enough promise attached, the first authoritative statement on memecoins is more likely to arrive as an enforcement action than as an information sheet. The broader question of what does and does not make a token a regulated instrument is covered in what regulators have actually said about memecoins and securities law, and the country-by-country picture is in the jurisdiction-by-jurisdiction answer on memecoin legality.

Check the current text yourself before relying on any of this: INFO 225 is published on ASIC's website and is the document to read, not a summary of it.

Frequently asked questions

Does ASIC regulate memecoins?

Not as a category. ASIC's updated INFO 225 of 29 October 2025 names stablecoins, wrapped tokens, tokenised securities and digital asset wallets as financial products. Memecoins are not mentioned. A plain memecoin with no yield, pooling or issuer promise falls outside the general financial product definition in section 763A of the Corporations Act 2001.

Can I legally buy memecoins in Australia?

Yes. There is no Australian prohibition on buying, holding or selling memecoins, and no licence is required to trade them for your own account. You also get no financial product protections: no AFCA route about the asset, no compensation scheme, and no regulator vetting what is listed.

Do I need an AFS licence to launch a memecoin in Australia?

Not for a plain memecoin, which is unlikely to be a financial product. You may need one if the launch promises fee-sharing, revenue distribution, treasury management or a return, because that starts to look like an interest in a managed investment scheme. Get the structure reviewed by an Australian financial services lawyer before deploying.

What happened on 30 June 2026?

ASIC's sector-wide transitional relief accompanying the October 2025 INFO 225 update expired. Firms dealing in the four named product categories are now expected to be licensed or authorised. Memecoins were never within those categories, so the expiry does not change their status — it changes what the platforms around them must do.

Do I pay tax on memecoin trades in Australia?

Yes. The ATO treats crypto as a CGT asset and every disposal is a CGT event, including token-to-token swaps where no Australian dollars change hands. The 50% discount needs a 12-month hold, which memecoin trading rarely meets, and the personal use asset exemption almost never applies to investment activity.


A lock is verifiable; a promise in a Telegram channel is not

Australian law leaves a memecoin buyer with consumer protection against lies and nothing at all against a pool being drained. Team Finance's liquidity locking — from TrustSwap, which also builds Meme Central — holds LP tokens for a fixed term on Ethereum, Robinhood Chain, Polygon, Base and BNB, and surfaces as a verified badge on the token page in Meme Central's live launch feed. Be clear about its limits: it is not an ASIC authorisation, it confers no financial product protections, and it does not prevent a founder from selling the allocation they hold personally.


Nothing here is financial, legal or tax advice. Memecoins are extremely high-risk: most lose most of their value, and the majority of tokens launched never reach a decentralised exchange at all. Never spend money you cannot afford to lose entirely. Meme Central does not recommend any specific token. Data described as Meme Central's own reflects tokens indexed by Meme Central and is not whole-market data.

This article is general information about a fast-moving area of law and was last reviewed on 31 August 2026. It is not legal or tax advice, rules differ materially by jurisdiction, and your facts matter. Consult a qualified attorney or accountant before acting.

Not financial advice. Memecoins are extremely high risk.

·Community RulesMeme Central aggregates public launchpad data.