Corporations Amendment (Digital Assets Framework) Act 2026 (38 of 2026)
Schedule 1 Digital asset platforms and tokenised custody platforms
Part 3 Financial services disclosure, financial product disclosure, and design and distribution requirements etc.
Corporations Act 2001
44 After subsection 952E(4)
Insert:
(4A) A person does not contravene subsection (1) or (2) to the extent that the disclosure document or statement:
(a) is a Financial Services Guide, Supplementary Financial Services Guide or website disclosure information; and
(b) relates to a digital asset platform or tokenised custody platform; and
(c) is defective in a part of the disclosure document or statement:
(i) for which another financial services licensee states it is responsible in the disclosure document or statement; and
(ii) that relates to the financial services that are to be or are likely to be performed by that other financial services licensee.
Note: In criminal proceedings, a defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.