Corporations Amendment (Digital Assets Framework) Act 2026 (38 of 2026)

Schedule 1   Digital asset platforms and tokenised custody platforms

Part 6   Exemptions

Corporations Act 2001

59   After section 9D

Insert:

9E Meaning of public digital token infrastructure

(1) Public digital token infrastructure means any software, hardware, or combination of software or hardware, (the infrastructure ):

(a) that is used for transmitting, processing, or recording:

(i) electronic records that are digital tokens; or

(ii) electronic records relating to digital tokens; and

(b) for which subsection (2) or (3) applies.

(2) This subsection applies if all of the following are satisfied for certain protocols that apply to the infrastructure:

(a) the protocols are a set of open source and publicly accessible standards for transmitting, processing and recording electronic records in a non-discretionary manner;

(b) the protocols permit any person to contribute to the integrity, functionality and reliability of the infrastructure by conducting activities involving transmitting, processing and recording such electronic records;

(c) the protocols are not reliant on any participant having a role so critical that the transmitting, processing, or recording of such electronic records cannot happen without the participant;

(d) no regulations are made for the purposes of this paragraph to prescribe that this subsection does not apply for the protocols.

(3) This subsection applies for the infrastructure if it is prescribed by regulations made for the purposes of this subsection.

9F Meaning of custodial staking arrangement

(1) A custodial staking arrangement , for a digital asset platform or a tokenised custody platform, is an arrangement that:

(a) is entered into by the operator of the platform and by a beneficiary under the platform (whether directly or through a nominee); and

(b) is entered into through the facility that constitutes the platform; and

(c) permits the operator to allow one or more of the underlying assets possessed under the platform for the beneficiary (whether directly or through a nominee) to be used for activities ( consensus activities ) described in paragraph 9E(2)(b) if:

(i) the beneficiary; or

(ii) the nominee;

expressly authorises the operator to do so; and

(d) ensures that rewards from the consensus activities, after deducting any fees and charges, are passed on to the beneficiary (whether directly or through a nominee); and

(e) may benefit the beneficiary in one or more of the following ways:

(i) by allowing the underlying assets to be returned earlier than if the beneficiary had participated in consensus activities directly;

(ii) by allowing the underlying assets to be used in consensus activities if the beneficiary would otherwise have insufficient assets to be able to participate in consensus activities directly;

(iii) by protecting the beneficiary from, or by compensating the beneficiary for, any losses arising from the operation of public digital token infrastructure in relation to the underlying assets;

(iv) by allowing the beneficiary to pay lower transaction fees than if the beneficiary had participated in consensus activities directly;

(v) a way prescribed by regulations made for the purposes of this subparagraph.

(2) In this section:

beneficiary : a beneficiary under a platform means:

(a) for a digital asset platform - a client under the platform; or

(b) for a tokenised custody platform - a person who possesses a digital token created under the platform by the operator of the platform.