- A provider dealing with Australian retail clients generally needs an Australian financial services licence, which you can check on ASIC's Professional Registers
- ASIC's CFD order caps retail leverage at 30:1 on major pairs including AUD pairs, forces a 50% margin close-out and gives negative balance protection
- The order expires on 23 May 2027 unless remade, and ASIC plans to consult on amending and extending it in late 2026
- Being reclassified as a wholesale client or joining an offshore entity removes those protections and usually AFCA access
- AFSL 443670 belongs to Trading.com Markets Pty Ltd, which trades as Trading.com, not XM
- The ATO's ruling TR 2005/15 treats most CFD gains as assessable income and losses as deductible, depending on your circumstances
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- How ASIC licensing works for forex and CFD providers
- ASIC's CFD product intervention order: the retail rules
- Will the order still apply after May 2027?
- Retail, wholesale or offshore: three ways you may be onboarded
- XM, Trading.com and AFSL 443670
- Client money and complaints
- Funding in Australian dollars
- Trading hours from Sydney, Melbourne, Brisbane and Perth
- Tax: what the ATO has actually said
- Swap-free accounts
- Australian broker checklist
- Key takeaways
- Glossary
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In Australia, "is this broker licensed here?" has a clean answer. ASIC keeps a public register of licensees, and retail CFD and margin FX accounts with them come with legally binding protections. The hard part is staying inside that system: the company in your agreement must be the licensed one, you must remain a retail client, and you must not be routed to an overseas affiliate. The licence table above lists brokers in our database with an ASIC entity; this guide explains what that licence actually gives you.
How ASIC licensing works for forex and CFD providers#
A firm dealing in CFDs or margin FX with Australian retail clients generally needs an Australian financial services licence (AFSL) authorising derivatives and foreign exchange for retail clients. ASIC's guidance for foreign firms (RG 176) says a financial services business in Australia generally needs an AFSL unless relief or an exemption applies, and that foreign-provider relief is for wholesale clients only.
Two official tools do most of the work:
- ASIC Professional Registers: search the AFS licensee register by company name or licence number. The entry shows the licensee's status and the authorisations on its licence. Look for derivatives and foreign exchange, and for retail clients as well as wholesale.
- Moneysmart investor alert list: ASIC's list of companies and websites that may be targeting Australians without a licence, including impostors copying real firms. ASIC says the list is not exhaustive, so a missing name proves nothing.
Worked example: an app advertises "ASIC regulated" and gives an AFSL number, but the register shows that number belongs to a differently named company. Either the app is an authorised representative that should say so, or someone is borrowing a real licence number. Stop and ask for the relationship in writing.
Common mistake: checking the brand instead of the company. Many groups run an ASIC entity alongside offshore ones under the same brand.
Tip: match the licensee name and AFSL number across the Financial Services Guide (FSG), the Product Disclosure Statement (PDS) and your client agreement; all three should name the same company.
ASIC's CFD product intervention order: the retail rules#
ASIC made the order in October 2020 and it has applied since 29 March 2021. It sets a minimum initial margin for every CFD issued to a retail client, including CFDs on exchange rates. The licensee PDS we checked applies the same 30:1 cap to its margin FX product on major pairs. The limits are:
| Underlying | Minimum initial margin | Maximum leverage |
|---|---|---|
| Major currency pair: any two of AUD, GBP, CAD, EUR, JPY, CHF, USD | 3.33% | 30:1 |
| Minor currency pair, gold, or a major index such as the S&P/ASX 200 | 5% | 20:1 |
| Commodity other than gold, or a minor index | 10% | 10:1 |
| Shares and any other underlying | 20% | 5:1 |
| Crypto-asset | 50% | 2:1 |
Two details are specific to Australia. AUD/USD, AUD/JPY and EUR/AUD count as majors, and the S&P/ASX 200 is on the major-index list. AUD/NZD is a minor, because NZD is not listed.
The order adds three more protections:
- Margin close-out: if the account's net equity falls below 50% of the initial margin required for its open CFDs, the issuer must close positions as soon as market conditions allow.
- Negative balance protection: the issuer's recourse is limited to the money and property in your CFD trading account.
- Inducement ban: gifts, discounts, rebates, trading credits and rewards offered to get you to open an account, deposit or trade are prohibited. Education tools and fee discounts offered to all retail clients are allowed.
Worked example: you fund A$5,000 and buy one standard lot of AUD/USD, a A$100,000 position. Initial margin is 3.33%, about A$3,330. The close-out level is half of that, about A$1,665, so the issuer must start closing once losses pass roughly A$3,335. That is a move of roughly 3.3% against you, before costs. At 500:1 on an overseas account, the same A$5,000 could support 25 lots, and a 0.2% move would wipe it out.
Common mistake: assuming a 50% close-out means you can lose only half your deposit. It is measured against margin, not your balance, and fast markets can close you out below the level.
Tip: ASIC has caught issuers offering margin discounts on opposing positions in breach of the order, and REP 828 reports two issuers refunding over A$1.3 million for exceeding the leverage limits. If your margin looks lower than the table implies, ask why.
Will the order still apply after May 2027?#
The current instrument expires on 23 May 2027 unless it is remade. ASIC extended it once, in 2022, after finding that in the first six months retail clients' aggregate net losses fell 91%, from A$372 million to A$33 million a quarter on average. ASIC's regulatory timetable now shows a review from the third quarter of 2026, public consultation in the fourth quarter, ministerial approval sought in the first quarter of 2027, and the instrument extended or expiring in the second quarter. The 2026-27 Corporate Plan says ASIC will consult on proposals to amend and extend it. Until ASIC publishes a decision, ignore broker claims about the new rules.
Retail, wholesale or offshore: three ways you may be onboarded#
You can lose these protections without ever choosing an unlicensed broker: accepting a "pro" upgrade or an overseas affiliate account is enough.
| Route | Who supervises the contract | Leverage | Close-out and negative balance protection | PDS and target-market checks | AFCA access |
|---|---|---|---|---|---|
| Retail client of an AFS licensee | ASIC | Order caps above | Required by the order | Yes | Yes, if the firm is a member |
| Wholesale client of an AFS licensee | ASIC, with fewer client protections | Set by the firm | May not apply | May not receive a PDS or be target-market assessed | Generally no |
| Overseas entity without an AFSL | Foreign regulator, if any | Often far higher | Depends on the foreign rules | No Australian PDS | No |
To be treated as wholesale on the wealth test, you need a qualified accountant's certificate showing net assets of at least A$2.5 million or gross income of at least A$250,000 in each of the previous two years. ASIC's REP 828 found that in 2023-24, 70% of wholesale CFD clients made net losses totalling A$738 million, with reclassifications concentrated in five issuers. ASIC is now reviewing how issuers classify clients.
Moneysmart is blunt: overseas providers often lack an AFSL, Australian consumer protections will not apply, you will not have AFCA access, and an overseas provider without an AFSL could be a scam. The order's wording reaches offers received in Australia, but that helps little if the firm is beyond ASIC's practical reach.
Common mistake: accepting a wholesale form to "unlock" 500:1 without reading what you give up.
Tip: before you accept any classification change, ask the firm to confirm in writing whether negative balance protection, the 50% close-out and AFCA access will still apply.
XM, Trading.com and AFSL 443670#
XM does not hold an Australian licence. AFSL 443670 belongs to Trading.com Markets Pty Ltd, ACN 164 367 113, based at 333 George Street, Sydney. Its FSG says it is authorised to advise on, deal in and make a market in derivatives and foreign exchange contracts for retail and wholesale clients. The same ACN appears on older documents under the name Trading Point of Financial Instruments Pty Ltd, and the company belongs to the same group as XM, but it trades as Trading.com. Its PDS lists AFCA membership number 33339 and retail leverage of up to 30:1. Treat it as a separate brand with its own PDS, fees and platform.
XM-branded retail accounts elsewhere are opened with companies regulated in Cyprus, Dubai, South Africa, Belize, Seychelles and Kenya. None of those companies holds an AFSL. If an Australian resident is offered an XM account, it would sit with one of those offshore entities, which puts it in the third row of the table above: no Australian PDS, no AFCA, and a foreign complaint route you would have to pursue from abroad. Third-party review sites report that XM does not accept Australian residents; we could not confirm that from a primary XM document, so check the eligibility terms at sign-up.
Tip: if a company can show you only an offshore registration, it is outside Australian licensing, however well known the group. Our regulation comparison explains how offshore regimes differ.
Client money and complaints#
Since 4 April 2018, licensees cannot use retail clients' derivative money as working capital or to hedge their own exposure to clients, and must reconcile and report it to ASIC. That reduces counterparty risk without removing it: Moneysmart notes you can still lose money if the issuer fails. We found no government compensation scheme covering trading losses or a CFD issuer's collapse.
If something goes wrong:
- Complain to the firm in writing. Under ASIC's RG 271, a firm must give a final response to a standard complaint within 30 calendar days.
- Escalate to AFCA. The Australian Financial Complaints Authority is free for consumers, but it only handles complaints about its member firms. Check membership before you deposit.
- Report scams to ASIC and never pay an upfront-fee "recovery" service.
Worked example: a withdrawal is refused for "suspicious trading" with no detail. Ask for the exact contract clause, keep the dated reply, and if day 30 passes without a final response, lodge with AFCA.
Funding in Australian dollars#
An AUD-denominated account avoids converting every deposit and withdrawal at your bank's rate; confirm it is available for your account type. The order does not ban card deposits, so read the PDS and FSG for card and transfer fees, third-party payment rules and how withdrawals are returned.
Common mistake: paying a "broker" by bank transfer to a personal account or a name that does not match the licensee. Moneysmart tells consumers to check for suspicious bank account details; the beneficiary should be the licensee or its disclosed client money account.
Trading hours from Sydney, Melbourne, Brisbane and Perth#
Forex runs from Monday morning to Saturday morning Australian time. The "Sydney session" is the quiet start of the global week, when liquidity is thinner and spreads can be wider. Because the UK, the US and eastern Australia change clocks on different dates, local times shift several times in the next six months. Times below are for Sydney, Melbourne, Canberra and Hobart, using conventional session opens; broker server schedules vary.
| Period | Sydney clock | Forex week opens (Monday) | London 08:00 | New York 08:00 |
|---|---|---|---|---|
| Until 3 Oct 2026 | AEST, UTC+10 | 07:00 | 17:00 | 22:00 |
| 4 to 24 Oct 2026 | AEDT, UTC+11 | 08:00 | 18:00 | 23:00 |
| 25 Oct to 1 Nov 2026 | AEDT | 08:00 | 19:00 | 23:00 |
| 2 Nov 2026 to 13 Mar 2027 | AEDT | 09:00 | 19:00 | 00:00 |
| 14 Mar to 3 Apr 2027 | AEDT | 08:00 | 19:00 or 18:00 from 29 Mar | 23:00 |
| From 4 Apr 2027 | AEST | 07:00 | 17:00 | 22:00 |
Queensland, the Northern Territory and Western Australia do not use daylight saving. From 4 October, Brisbane runs one hour behind Sydney and Perth (UTC+8) three hours behind. The US and UK 2027 dates follow those countries' normal rules; check them nearer the time.
The main local event for the Australian dollar is the RBA's Monetary Policy Board. It meets eight times a year and announces its decision at 2.30 pm Sydney time on the second day. The remaining 2026 decisions fall on 29 September, 3 November and 8 December. The Australian dollar has floated since December 1983, so rate surprises feed straight into AUD pairs.
Worked example: from November, a Melbourne trader free only after 8 pm meets the London–New York overlap around midnight; a Perth trader gets it three hours earlier on the clock.
Tip: log your spread at the weekly open and at the RBA announcement on a demo account for a few weeks. See our guides to daylight-saving session shifts, the Asian session and the live market hours clock.
Tax: what the ATO has actually said#
The ATO's clearest statement is Taxation Ruling TR 2005/15 on financial CFDs, which covers CFDs on currencies as well as shares, indices and commodities. It says:
- A gain is assessable income, and a loss deductible, when the contract is part of carrying on a business or a commercial transaction for profit.
- If that does not apply, a gain from a profit-making undertaking or scheme is still assessable, and a matching loss deductible.
- Contracts entered into for recreational gambling are neither assessable nor deductible.
Whether you are "in business" depends on how regular, organised and large your trading is. The ATO also has separate foreign currency rules, and we have not mapped how they apply to every margin FX account. Keep contract notes, financing charges, fees and AUD values of every transaction, and ask a registered tax agent before you lodge.
Swap-free accounts#
A swap-free account removes overnight financing on eligible positions, often replacing it with a fixed fee after a set number of days. It is a pricing structure, not a religious ruling, and scholars differ on whether leveraged CFD trading is permissible at all. Get the fee schedule in writing; see our Islamic account overview.
Australian broker checklist#
- Get the exact name and AFSL number of the company that will issue your CFDs.
- Check both on ASIC's Professional Registers, including retail authorisation for derivatives and foreign exchange.
- Search the Moneysmart investor alert list for the name and website.
- Confirm the same company appears on the FSG, PDS and client agreement, and that it is an AFCA member.
- Refuse wholesale or "pro" reclassification unless you understand exactly what you lose.
- Check your margin against ASIC's leverage table.
- Confirm AUD account availability, fees and how withdrawals are returned.
- Pay only the licensee or its disclosed client money account.
- Keep statements and contract notes for the ATO.
Key takeaways#
- Use an AFS licensee you have checked on ASIC's register.
- ASIC's order caps leverage from 30:1 to 2:1, forces a 50% close-out and limits losses to your account balance.
- The order expires on 23 May 2027 unless remade; ASIC plans to consult on amending and extending it.
- Wholesale and offshore routes mean fewer protections and usually no AFCA.
- AFSL 443670 is held by Trading.com Markets Pty Ltd, which trades as Trading.com, not XM.
- Tax treatment of CFD gains depends on your circumstances under TR 2005/15.
Glossary#
- AFSL: Australian financial services licence, issued by ASIC.
- Retail client: the default category, covered by ASIC's order and AFCA.
- Wholesale client: a client who passes a legal test, such as the wealth test, and loses many retail protections.
- Margin close-out: compulsory closing once equity falls below 50% of initial margin.
- AFCA: the Australian Financial Complaints Authority, the free external dispute scheme.
- Target market determination (TMD): the issuer's statement of who a product suits, required since October 2021.
Read next: ASIC-regulated brokers explained, retail leverage limits under ESMA, FCA and ASIC, negative balance protection, our brand vs legal entity checklist and the risk management guide.
Next step: compare ASIC-licensed companies on our Licensed Brokers page, confirm the AFSL on ASIC's register, then take the Broker Quiz to shortlist account types that suit your style. No single broker is best for every Australian trader.
Risk warning: CFDs and margin FX are leveraged products, and most retail accounts lose money. ASIC's data shows 133,674 retail clients lost money on CFDs in 2023-24, with net losses above A$458 million. A licence and leverage caps govern how a firm treats you, not whether your trades win. This page is general education for Australian residents, not financial, legal, tax or religious advice.
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