Australia's Crypto Regulation Bill 2025: A Closer Look

In a significant move toward regulating the cryptocurrency market, the Australian government has introduced the Corporations Amendment (Digital Assets Framework) Bill 2025. This bill seeks to bring crypto platforms under the purview of existing financial services laws, following industry consultations that revealed cautious support for the legislation.

Key Highlights of the Bill:

  • Requires crypto companies, such as exchanges and custody providers, to obtain an Australian Financial Services License (AFSL).
  • Aims to attract investment, create jobs, and position Australia's financial system as a leader in innovation.
  • Includes safeguards for crypto assets held on behalf of clients.
  • Exempts small-scale companies with transaction volumes of less than AUD 10 million over 12 months.

The Rationale Behind the Legislation

Assistant Treasurer Daniel Mulino stated that the bill addresses loopholes in current laws, allowing companies to hold unlimited amounts of client crypto without adequate legal safeguards. He emphasized the risks of scams and frauds, referencing the FTX case.

Scope and Application

The legislation focuses on companies that hold crypto for customers, rather than the underlying technology. This approach aims to allow the law to evolve alongside emerging forms of tokenization and digital services. Currently, crypto platforms that merely facilitate trading only need to register with the Australian Transaction Reports and Analysis Centre.

New Licenses and Exemptions

The bill introduces two new financial products: a "digital asset platform" and a "tokenized custody platform," both requiring an AFSL. Mulino clarified that anyone "advising on, dealing in, or arranging for others to deal in" crypto will be treated as providing a financial service necessitating a license.

Compliance Standards and Grace Period

Crypto and custody platforms must meet ASIC's minimum standards for transactions, settlements, and the holding of customer assets. They must also provide clients with a guide explaining their services, fees, and associated risks. The bill includes an 18-month grace period for licensing, offering "relief for businesses trying to do the right thing."

Anticipated Legislative Path

The bill is expected to pass quickly in the House, where Prime Minister Anthony Albanese's Labor Party holds a 94-seat majority. It will then proceed to the Senate, where Labor may need the support of crossbenchers and the opposition for its passage.


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