Corporations Amendment (Digital Assets Framework) Act 2026 (38 of 2026)
Schedule 1 Digital asset platforms and tokenised custody platforms
Part 1 Core concepts
Division 1 Main amendments
Corporations Act 2001
3 At the end of Division 3 of Part 7.1
Add:
Subdivision E - Related matters
765E Disregard redemption rights when working out whether wrapped tokens etc. are financial products
(1) In this section, a digital token is a wrapped token if possessing the digital token confers a right (the redemption right ) to redeem, or direct the delivery of, one of the following (the related asset ):
(a) an underlying asset of a tokenised custody platform;
(b) a digital token held through:
(i) decentralised wrapping software; or
(ii) public digital token infrastructure;
(c) an asset of a kind prescribed by regulations made for the purposes of this paragraph.
Disregard the redemption right when working out whether the wrapped token etc. is a financial product
(2) Disregard the redemption right when working out whether the wrapped token is, or whether rights or interests attached to the wrapped token are, a financial product.
(3) However, subsection (2) does not apply if:
(a) where the related asset is a financial product - a person who possesses the wrapped token has rights or interests that are not equivalent to those the person would have if the person held the related asset directly; or
(b) circumstances prescribed by regulations made for the purposes of this paragraph apply for the wrapped token.
Definitions
(4) In this section:
decentralised wrapping software , for a wrapped token, means software:
(a) through which the wrapped token's related asset is held; and
(b) that would be a tokenised custody platform if the following things done by the software were instead done by an operator (within the meaning of subsection 761GD(1)):
(i) creating the wrapped token;
(ii) holding the related asset for or on behalf of the person who possesses the wrapped token.
holds : for a digital token, a person holds the digital token if the person possesses the digital token.