ASIC starts consultation on digital asset rules ahead of 2027 launch
Australia is moving to fold digital asset platforms and tokenised custody services into its mainstream financial services regime before the new framework takes effect on 8 April 2027. The consultation sets out draft guidance, operating standards and financial requirements that will shape how both new entrants and existing licensees handle digital asset activities.
Highlights
- ASIC opened consultation on draft digital asset standards and guidance under the Corporations Amendment (Digital Assets Framework) Act 2026, with feedback due by 5pm AEDT 27 November 2026.
- Proposed rules require Digital Assets Platforms and Tokenised Custody Platforms to assess licensing needs, provide disclosure documents, and meet compliance, settlement, and net tangible asset standards.
- ASIC aims to align Australia with global digital asset regulation by integrating digital platforms into the financial system and streamlining licensing for existing AFS licensees.
Draft standards and licensing path
As reported by ASIC, the regulator has opened consultation on proposed standards and guidance under the Corporations Amendment (Digital Assets Framework) Act 2026, with feedback due by 5pm AEDT on 27 November 2026. The package includes draft guidance on compliance with the new laws, alongside proposed standards covering asset-holding activities, trading and settlement activities, and financial requirements for licensees.Under the proposed approach, operators of Digital Assets Platforms and Tokenised Custody Platforms, as well as other businesses providing financial services tied to these products, would need to assess whether they must apply for or vary an Australian financial services licence. Firms would also need to provide customer disclosure documents and platform rules, and comply where relevant with asset-holding, transaction and settlement standards, and net tangible asset requirements.
ASIC says it is also proposing to streamline licensing processes for existing AFS licensees and for firms that previously sought authorisation in response to Information Sheet 225, in an effort to support a smoother transition into the new regime. The regulator has published a consultation user guide and says it will liaise directly with stakeholders through events and targeted roundtables during the consultation period.
Regulatory impact on Australia’s digital asset market
ASIC Commissioner Alan Kirkland says the proposed guidance reflects the rapid evolution of global markets and the growing role of digital assets and tokenisation, including in traditional parts of the financial system. He says the regulator is applying a principle of “same activity, same risk, same regulatory outcome” to align Australia with comparable overseas jurisdictions.Bringing digital asset platforms and tokenised custody platforms into the financial services framework is intended to improve consumer confidence when trading digital assets, while balancing innovation, investment and growth with protections expected by Australian users. ASIC also notes that its consultation package refers to parallel regulatory design work being developed by the government, so industry participants can assess the broader structure of the future regime.
Our earlier coverage of Australian private credit funds highlighted how banks are becoming more selective in providing financing, directing new lending toward larger, higher-quality managers while pulling back from smaller firms. We noted that weaker real estate conditions, higher funding costs, and closer regulatory scrutiny are increasing pressure on the sector, making it harder for some managers to expand lending or refinance portfolios.