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

Schedule 1   Digital asset platforms and tokenised custody platforms

Part 1   Core concepts

Division 2   Related amendments

Corporations Act 2001

27   Section 9 (after paragraph (mb) of the definition of managed investment scheme)

Insert:

(mc) a digital asset platform if, under the platform:

(i) clients under the platform have the right to redeem, or direct the delivery of, the underlying assets of the platform; and

(ii) the operator of the platform acts only on client instructions in relation to any decisions about the acquisition, disposal or use of the underlying assets; and

(iii) the operator cannot negotiate or determine, to a material extent, any rights of the clients relating to the underlying assets;

(md) a tokenised custody platform if, under the platform:

(i) clients under the platform have the right to redeem, or direct the delivery of, the underlying assets of the platform; and

(ii) the operator of the platform acts only on client instructions in relation to any decisions about the acquisition, disposal or use of the underlying assets; and

(iii) the operator cannot negotiate or determine, to a material extent, any rights of the clients relating to the underlying assets; and

(iv) all of the underlying assets must belong to the same class of asset; and

(v) the digital token created for an underlying asset can only be divisible to the same extent that the underlying asset is reasonably capable of being divisible in a way that each part can be physically delivered;