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Australia Unveils Draft Law Requiring Licenses for Digital Asset Platforms

Consultation opens to refine tailored obligations, with ASIC coordinating transition.

Overview

  • Draft legislation creates two Corporations Act categories — digital asset platforms and tokenized custody platforms — and brings providers under Australian Financial Services License oversight.
  • Operators must meet conduct, custody, settlement, cybersecurity, asset segregation, disclosure, and dispute resolution standards aimed at strengthening consumer protection.
  • Targeted provisions address wrapped tokens, public token infrastructure, and staking, while decentralized tokens not run by intermediaries fall outside the scope.
  • Breaches attract the greater of A$16.5 million, three times the benefit, or 10% of annual turnover, with exemptions for firms holding under A$5,000 per customer and processing under A$10 million annually.
  • Treasury has opened consultation with feedback due by Oct. 24, 2025, and is working with ASIC on transitional arrangements, with an expected 12‑month transition period after passage.