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

Schedule 1   Digital asset platforms and tokenised custody platforms

Part 7   Amendment of the ASIC Act

Australian Securities and Investments Commission Act 2001

97   After subsection 41(2)

Insert:

(2A) Subsection (2) applies in relation to a person and a facility that:

(a) is a digital asset platform or tokenised custody platform; and

(b) is a financial product only because of paragraph 764A(1)(la) or (lb) of the Corporations Act;

only to the extent that:

(c) the person is a constitutionally-covered corporation; or

(d) the person acquired or disposed of the platform using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or

(e) if there is another person as described in subsection (2) - the other person is a constitutionally-covered corporation.