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
3   At the end of Division 3 of Part 7.1

Add:

Subdivision E - Related matters

765E Disregard redemption rights when working out whether wrapped tokens etc. are financial products

(1) In this section, a digital token is a wrapped token if possessing the digital token confers a right (the redemption right ) to redeem, or direct the delivery of, one of the following (the related asset ):

(a) an underlying asset of a tokenised custody platform;

(b) a digital token held through:

(i) decentralised wrapping software; or

(ii) public digital token infrastructure;

(c) an asset of a kind prescribed by regulations made for the purposes of this paragraph.

Disregard the redemption right when working out whether the wrapped token etc. is a financial product

(2) Disregard the redemption right when working out whether the wrapped token is, or whether rights or interests attached to the wrapped token are, a financial product.

(3) However, subsection (2) does not apply if:

(a) where the related asset is a financial product - a person who possesses the wrapped token has rights or interests that are not equivalent to those the person would have if the person held the related asset directly; or

(b) circumstances prescribed by regulations made for the purposes of this paragraph apply for the wrapped token.

Definitions

(4) In this section:

decentralised wrapping software , for a wrapped token, means software:

(a) through which the wrapped token's related asset is held; and

(b) that would be a tokenised custody platform if the following things done by the software were instead done by an operator (within the meaning of subsection 761GD(1)):

(i) creating the wrapped token;

(ii) holding the related asset for or on behalf of the person who possesses the wrapped token.

holds : for a digital token, a person holds the digital token if the person possesses the digital token.


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