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

Schedule 1   Digital asset platforms and tokenised custody platforms

Part 7   Amendment of the ASIC Act

Australian Securities and Investments Commission Act 2001

90   At the end of section 12BAB

Add:

(19) If a declaration is in force under subsection 768B(1) of the Corporations Act for a digital asset platform in relation to one or more classes of digital tokens, then for the purposes of this Division:

(a) the platform is a clearing and settlement facility to the extent that the platform relates to the digital tokens; and

(b) for the purposes of provisions regulating the platform as a clearing and settlement facility, the digital tokens are financial products to the extent that the digital tokens are related to the platform.

(20) If a declaration is in force under subsection 768C(1) of the Corporations Act for a digital asset platform in relation to one or more financial products, then:

(a) for the purposes of this Division; and

(b) despite subsection (17) of this section;

the platform is not a clearing and settlement facility in relation to those financial products.