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
14 After section 767A
Insert:
Subdivision B - Extensions to the meaning of financial market
767B Extension - certain digital asset platforms providing a market for digital tokens that are not financial products
Minister may extend the meaning of financial market
(1) The Minister may, by legislative instrument, declare that a digital asset platform is a financial market if:
(a) the platform would be a facility to which subsection 767A(1) applies in relation to one or more specified classes of digital tokens if those digital tokens were financial products; and
(b) the platform is operated by, or on behalf of, a constitutionally-covered corporation.
Note 1: While the declaration is in force, the platform is a financial market to the extent that it relates to the digital tokens (see subsection 767A(6)).
Note 2: In making a declaration, the Minister must have regard to the matters in subsection (5).
Note 3: The declaration may declare a class of digital asset platforms (see subsection 13(3) of the Legislation Act 2003).
(2) The declaration may apply:
(a) unconditionally or subject to specified conditions; and
(b) for a specified period or indefinitely (the extension duration ).
Varying or revoking an extension
(3) The Minister may, at any time by legislative instrument:
(a) vary a declaration given under subsection (1) to:
(i) impose conditions, or additional conditions, on the declaration; or
(ii) vary or revoke any of the conditions on the declaration; or
(iii) extend or shorten the extension duration (including as affected by any variation from a previous operation of this subparagraph); or
(b) revoke a declaration given under subsection (1).
(4) However, the Minister may only take action under subsection (3) after:
(a) giving notice, and an opportunity to make submissions on the proposed action, to the operator of each facility known by the Minister to be covered by the declaration; and
(b) both:
(i) the Minister has caused a notice to be published on ASIC's website allowing a reasonable period within which the operator of each facility covered by the declaration may make submissions on the proposed action; and
(ii) that period has ended; and
(c) having regard to the matters in paragraphs (1)(a) and (b) and (5)(a) to (e).
Matters relevant to giving an extension etc.
(5) In considering whether to make a declaration under subsection (1), the Minister must have regard to the following:
(a) the likely effect on the Australian economy, and on the efficiency, integrity and stability of the Australian financial system;
(b) any impact on competition in the operation of financial markets or on the provision of digital asset platforms;
(c) the likely regulatory impact;
(d) whether each facility that could be covered by the declaration has a material connection with this jurisdiction;
(e) any relevant advice the Minister has received under subsection (6).
The Minister may also have regard to any other matters that the Minister considers relevant.
Regulators may advise the Minister
(6) ASIC, APRA, the Reserve Bank or AUSTRAC may (on its own initiative) and must (at the request of the Minister):
(a) consider whether a declaration should be made, varied or revoked under this section; and
(b) advise the Minister accordingly.
Subdivision C - Exemptions to the meaning of financial market
767C Exemption - certain digital asset platforms are not financial markets for certain financial products
Minister may exempt certain digital asset platforms from the meaning of financial market
(1) The Minister may, by legislative instrument, declare that a digital asset platform is not a financial market in relation to one or more specified financial products.
Note 1: In making a declaration, the Minister must have regard to the matters in subsection (5).
Note 2: The declaration may declare one or more classes of digital asset platforms or specify one or more classes of financial products (see subsection 13(3) of the Legislation Act 2003).
(2) The declaration may apply:
(a) unconditionally or subject to specified conditions; and
(b) for a specified period or indefinitely (the exemption duration );
and applies despite anything in Subdivision A or B.
Varying or revoking an extension
(3) The Minister may, at any time by legislative instrument:
(a) vary a declaration given under subsection (1) to:
(i) impose conditions, or additional conditions, on the declaration; or
(ii) vary or revoke any of the conditions on the declaration; or
(iii) extend or shorten the exemption duration (including as affected by any variation from a previous operation of this subparagraph); or
(b) revoke a declaration given under subsection (1).
(4) However, the Minister may only take action under subsection (3) after:
(a) giving notice, and an opportunity to make submissions on the proposed action, to the operator of each platform known by the Minister to be covered by the declaration; and
(b) both:
(i) the Minister has caused a notice to be published on ASIC's website allowing a reasonable period within which the operator of each platform covered by the declaration may make submissions on the proposed action; and
(ii) that period has ended; and
(c) having regard to the matters in paragraphs (5)(a) to (d).
Matters relevant to giving an exemption etc.
(5) In considering whether to make a declaration under subsection (1), the Minister must have regard to the following:
(a) the likely effect on the Australian economy, and on the efficiency, integrity and stability of the Australian financial system;
(b) any impact on competition in the operation of financial markets or on the provision of digital asset platforms;
(c) the likely regulatory impact;
(d) any relevant advice the Minister has received under subsection (6).
The Minister may also have regard to any other matters that the Minister considers relevant.
Regulators may advise the Minister
(6) ASIC, APRA, the Reserve Bank or AUSTRAC may (on its own initiative) and must (at the request of the Minister):
(a) consider whether a declaration should be made, varied or revoked under this section; and
(b) advise the Minister accordingly.