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

9   At the end of Division 4 of Part 7.1

Add:

Subdivision B - Specific limitations

766K Conduct relating to certain platforms is a financial service only if engaged in by, or on behalf of, a constitutionally-covered corporation

Despite anything in Subdivision A, conduct that:

(a) relates to a digital asset platform, or a tokenised custody platform, that is a financial product only because of paragraph 764A(1)(la) or (lb); and

(b) would, apart from this section, be a financial service (or a kind of financial service);

is a financial service (or a kind of financial service) only if the conduct is engaged in by, or on behalf of, a constitutionally-covered corporation.

Note: Dealing in a financial product is an example of a kind of financial service (see section 766A).

Subdivision C - Related matters

766M Certain services must be provided by constitutionally-covered corporations

Person providing service directly, and not through a representative etc.

(1) A person contravenes this section if:

(a) the person is providing a service (the applicable service ), but not as an agent or representative of any other person; and

(b) the person uses a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution) to provide all or part of the applicable service; and

(c) the applicable service would be a financial service involving:

(i) providing financial product advice relating to a digital asset platform or a tokenised custody platform; or

(ii) dealing in a digital asset platform or a tokenised custody platform; or

(iii) engaging in conduct relating to a digital asset platform, or a tokenised custody platform, that is conduct of a kind prescribed for the purposes of paragraph 766A(1)(f);

if the person were a constitutionally-covered corporation; and

(d) the person is not a constitutionally-covered corporation.

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

Person providing service through a representative etc.

(2) A person contravenes this section if:

(a) another person is providing a service (the applicable service ) as an agent or representative of the first-mentioned person; and

(b) the other person uses a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution) to provide all or part of the applicable service; and

(c) the applicable service would be a financial service involving:

(i) providing financial product advice relating to a digital asset platform or a tokenised custody platform; or

(ii) dealing in a digital asset platform or a tokenised custody platform; or

(iii) engaging in conduct relating to a digital asset platform, or a tokenised custody platform, that is conduct of a kind prescribed for the purposes of paragraph 766A(1)(f);

if the first-mentioned person were a constitutionally-covered corporation; and

(d) the first-mentioned person is not a constitutionally-covered corporation.

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