Crypto Law Profile
Australia’s 2026 Digital Assets Framework Act brings DAPs and TCPs into the financial services regime with AFSL, custody, disclosure, standards, exemption, and transition rules.
Corporations Amendment (Digital Assets Framework) Act 2026 is an Australian Commonwealth Act that amends the Corporations Act 2001 and the Australian Securities and Investments Commission Act 2001 to create a financial-services framework for digital asset platforms and tokenised custody platforms. The Act received Royal Assent on April 8, 2026 as Act No. 38 of 2026. The Act’s commencement table states that the whole Act commences on April 8, 2027, although ASIC’s implementation roadmap describes the regime as commencing in April 2027 and refers to April 9, 2027.
The Act introduces new core concepts into Australia’s financial services law. A “digital token” is defined around an electronic record capable of factual control. A “digital asset platform” generally covers a facility where an operator possesses digital tokens for or on behalf of another person. A “tokenised custody platform” generally covers a facility where an operator identifies non-money assets, creates a single digital token for each asset, and holds the underlying asset for the token holder.
The framework brings digital asset platforms and tokenised custody platforms into the Australian financial services licence structure when relevant financial services are provided. Licensees issuing these platforms must comply with ASIC-made asset-holding standards and transactional and settlement standards. They must also maintain adequate platform rules and comply with any ministerial prohibition restricting certain financial-product conduct through specified platforms.
The Act does not classify every digital asset as a financial product. Instead, it targets platform and custody arrangements. It includes exemptions for certain low-value digital asset platform services, including thresholds tied to no financial products being held, transaction value not exceeding $10 million over the last 12 months, a per-client entry-value cap of $5,000, and notice to ASIC. It also recognises exclusions or tailored treatment for public digital token infrastructure, custodial staking arrangements, fundraising through platforms, and certain equitable-right interests arising from holding assets through a platform.
| Date | Event | Status |
|---|---|---|
| September 25, 2025 | Treasury opened exposure-draft consultation on regulating digital asset platforms. | Under consultation |
| November 26, 2025 | The bill was introduced in the House of Representatives. | Introduced |
| February 4, 2026 | The House passed the bill. | Passed |
| April 1, 2026 | The Senate passed the bill and it finally passed both Houses. | Passed |
| April 8, 2026 | The Act received Royal Assent as Act No. 38 of 2026. | Adopted |
| April 8, 2027 | The Act’s commencement table states the whole Act commences. | Future commencement |
As of June 5, 2026, editors should treat the Act as adopted Commonwealth legislation with future operational commencement and transition. ASIC is responsible for licensing, supervision, enforcement, and implementation consultation, including standards and guidance for digital asset platforms and tokenised custody platforms.
Defines digital token by reference to an electronic record capable of factual control, subject to regulatory inclusions and exclusions.
Creates digital asset platform and tokenised custody platform concepts and adds them to the financial product framework unless treated as managed investment schemes.
Financial services licensees issuing DAPs or TCPs must comply with asset-holding standards, transactional and settlement standards, and platform rules.
ASIC may set standards for safeguarding, recordkeeping, reconciliation, reporting, use of underlying assets, and related custody services.
ASIC may set standards for acquisitions, disposals, settlements, execution models, client-instruction handling, market making, brokerage, and dealing.
Retail clients must receive a clear guide covering platform nature, risks, issuer and custodian roles, fees, rights, complaints, and underlying asset information.
Provides targeted exemptions, including a DAP issue exemption tied to $10M transaction value, $5,000 per-client entry value, and notice to ASIC.
A 6-month transition period begins at commencement, with delayed application of amendments for responsible persons that apply for AFSL grant or variation.
Treasury opened consultation on exposure draft legislation for digital asset platforms.
Consultation period for the exposure draft closed.
Government bill introduced in the House of Representatives by the Treasury portfolio.
House of Representatives agreed to the third reading.
Senate agreed to the third reading and the bill finally passed both Houses.
Act received Royal Assent as Act No. 38 of 2026.
ASIC published its implementation roadmap for DAP and TCP licensing, standards, guidance, supervision, and enforcement.
ASIC, Australian Treasury, Minister for Financial Services, Parliament of Australia
Crypto assets, Digital assets, Digital tokens, Tokenised assets
Australian Commonwealth Act. The Act has Royal Assent, but its operational amendments commence in April 2027 with transition mechanics. ASIC’s roadmap refers to April 9, 2027; the Act’s commencement table states April 8, 2027.
