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

60   Before section 742

Insert:

741A Fundraising offers through a digital asset platform or tokenised custody platform

(1) A person who makes an offer of securities:

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

(b) that needs disclosure to investors under Part 6D.2; and

(c) that results in the person lodging a disclosure document with ASIC;

must promptly notify the operator of the platform, and each custodian for the platform, if any of the following events happens:

(d) a supplementary or replacement document is lodged with ASIC in relation to the disclosure document;

(e) the person is prohibited under Division 1 of Part 6D.3 from making offers of securities under the disclosure document;

(f) the disclosure document is withdrawn before the expiry date specified in the disclosure document.

Note: This subsection is a civil penalty provision (see section 1317E).

(2) Nothing in Part 6D.2 or 6D.3 requires a disclosure document for offers of securities under a digital asset platform or tokenised custody platform to include information about:

(a) the platform; or

(b) the rights attached to the securities to the extent these rights differ from the rights that a person would have if they acquired the securities directly.

741B Fundraising exemptions relating to digital asset platforms and tokenised custody platforms

A person who:

(a) is the operator of a digital asset platform or of a tokenised custody platform; or

(b) is otherwise involved in the operation or promotion of such a platform;

is exempt from Parts 6D.2 and 6D.3 in relation to an offer to issue equitable rights or interests in securities arising because of an offer to hold, or arrange for the holding of, the securities through the platform.