Australia cry
2026-07-04 00:30:14Australia’s Landmark Crypto Law Brings Exchanges and Custodians Into the AFSL Regime
Australia has passed its first comprehensive digital asset framework, creating a major shift in how the country regulates crypto intermediaries. The Corporations Amendment (Digital Assets Framework) Bill 2025 cleared both houses of Parliament on April 1 and introduces a licensing-based regime for exchanges, custody providers, and tokenized asset operators. Instead of regulating digital assets themselves, the law focuses on firms that control customer funds and holdings, reflecting lessons from past failures involving commingled assets, misuse of client funds, and insolvencies that left users unable to recover their crypto.
Under the new framework, crypto businesses that fall within the law must obtain an Australian Financial Services Licence, or AFSL, from the Australian Securities and Investments Commission. They will be subject to obligations similar to those faced by brokers and fund managers, including client asset safeguarding, capital requirements, disclosures, and participation in dispute resolution systems. The legislation also adds two regulated categories under the Corporations Act: digital asset platforms and tokenized custody platforms.
The reform replaces a more fragmented system in which many exchanges only needed anti-money-laundering registration unless their products were already classified as financial instruments. Regulators will also gain broader authority over custody, governance, and risk management, backed by civil penalties for noncompliance. At the same time, smaller firms handling less than A$5,000 per customer and under A$10 million in annual transactions may benefit from limited exemptions. Separately, Hostplus is exploring offering Bitcoin and other digital assets to nearly two million members through Choiceplus, potentially as early as the next financial year.