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🛡️ Regulation & Safety

ASIC Regulation Explained: Australia's Financial Watchdog

Complete guide to ASIC regulation for forex and CFD brokers. Learn about Australia's financial regulator, AFS licensing, client protections, and how to verify an ASIC-regulated broker.

BrokersDB EditorialFebruary 18, 202612 min read

The Australian Securities and Investments Commission (ASIC) is one of the world's most respected financial regulators and a Tier 1 authority in the forex industry. Australia has become a major hub for forex brokers, with ASIC providing robust oversight that balances innovation with consumer protection. This guide covers everything you need to know about ASIC regulation.

What Is ASIC?

ASIC was established in 1998 under the Australian Securities and Investments Commission Act 2001. It is an independent Australian Government body that regulates companies, financial markets, financial services organizations, and professionals who deal in and advise on investments, superannuation, insurance, deposit taking, and credit.

ASIC's mandate covers the entire spectrum of financial services in Australia, making it significantly broader than many other forex regulators. It oversees not just forex brokers but also stock markets, managed funds, insurance companies, and corporate governance.

ASIC regulates over 11,000 Australian Financial Services (AFS) licensees. Australia has become the world's third-largest forex trading hub after the UK and US, thanks to favorable time zone coverage (bridging Asian and US sessions) and ASIC's balanced regulatory approach.

AFS License: The Key to Operating in Australia

Any company offering financial services in Australia must hold an Australian Financial Services (AFS) License. This includes forex brokers. Obtaining an AFS license is a rigorous process that involves:

  • Demonstrating adequate financial resources and capital
  • Proving the competence, experience, and good character of key personnel ("fit and proper" test)
  • Establishing robust compliance and risk management systems
  • Having adequate professional indemnity insurance
  • Demonstrating the ability to deliver services honestly and fairly
  • Paying application fees and ongoing regulatory levies

Key ASIC Rules for Forex Brokers

1. Product Intervention Order (2021)

In March 2021, ASIC made its most significant regulatory change for CFD and forex trading. The Product Intervention Order introduced:

RequirementDetails
Max Leverage — Major FX1:30 (previously unlimited)
Max Leverage — Minor FX & Gold1:20
Max Leverage — Major Indices1:20
Max Leverage — Commodities1:10
Max Leverage — Crypto CFDs1:2
Max Leverage — Equities1:5
Negative Balance ProtectionMandatory for retail
Margin Close-OutAt 50% margin level

These changes aligned ASIC's leverage limits closely with the FCA and ESMA, establishing a global consensus among Tier 1 regulators that excessive leverage harms retail traders.

2. Client Money Rules

ASIC requires brokers to hold client money in segregated accounts with Australian ADI (Authorized Deposit-taking Institution) banks. Importantly, ASIC strengthened these rules in 2024 to prevent brokers from using client money for hedging activities — a practice that contributed to the collapse of some brokers in the past.

Before 2024, a loophole in Australian law allowed brokers to use client money for hedging purposes. The collapse of MF Global and other firms highlighted the dangers of this practice. ASIC's reformed client money rules now provide much stronger protection.

3. Target Market Determination (TMD)

Under the Design and Distribution Obligations (DDO), brokers must define and publish a Target Market Determination for their products. This ensures that complex products like CFDs are only marketed to appropriate clients who understand the risks.

How to Verify ASIC Regulation

ASIC maintains a comprehensive public register where you can verify any AFS licensee:

  • Visit ASIC Connect at connectonline.asic.gov.au
  • Search for the broker by name or AFS License number (AFSL)
  • Verify the license status is "Current" (not "Suspended" or "Revoked")
  • Check the authorized activities — look for "Dealing in a financial product" and "Making a market for a financial product"
  • Confirm the legal entity name matches the broker's claims
  • Note the license conditions, if any

ASIC vs FCA: How Do They Compare?

FeatureASICFCA
TierTier 1Tier 1
Max Retail Leverage (Major FX)1:301:30
Client Fund Segregation✅ Yes✅ Yes
Negative Balance Protection✅ Yes✅ Yes
Compensation Scheme❌ No formal scheme✅ FSCS up to £85,000
Crypto CFD Trading✅ Allowed (1:2 leverage)❌ Banned for retail
Enforcement PowerStrongVery Strong

The main difference between ASIC and FCA regulation is the compensation scheme. The FCA offers up to £85,000 via the FSCS if a broker fails. ASIC does not have an equivalent compensation scheme, meaning if an ASIC-regulated broker becomes insolvent, there is no government guarantee for your funds (though segregated accounts provide significant protection).

  • IC Markets — One of the world's largest forex brokers by volume (AFSL: 335692)
  • Pepperstone — Leading Australian ECN broker (AFSL: 414530)
  • FP Markets — Australian broker offering tight spreads (AFSL: 286354)
  • Axi — Founded in Sydney, popular for competitive pricing (AFSL: 318232)
  • Eightcap — Melbourne-based broker with MT4/MT5 support (AFSL: 391441)
  • Vantage — Global broker with Australian headquarters (AFSL: 428901)

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