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
97 After subsection 41(2)
Insert:
(2A) Subsection (2) applies in relation to a person and a facility that:
(a) is a digital asset platform or tokenised custody platform; and
(b) is a financial product only because of paragraph 764A(1)(la) or (lb) of the Corporations Act;
only to the extent that:
(c) the person is a constitutionally-covered corporation; or
(d) the person acquired or disposed of the platform using a postal, telegraphic, telephonic or other like service (within the meaning of paragraph 51(v) of the Constitution); or
(e) if there is another person as described in subsection (2) - the other person is a constitutionally-covered corporation.
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