Australia proposes crypto exchange regulation with existing laws

10/16/2023 12:22
Australia proposes crypto exchange regulation with existing laws

The Australian Treasury said that it plans to require platforms that hold a certain threshold of crypto assets to obtain a license.

Regulation • October 16, 2023, 1:17AM EDT

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Quick Take

  • The Australian Treasury said that it plans to require platforms that hold a certain threshold of assets to obtain an Australian Financial Services Licence.

Australia today released a proposal to regulate digital-asset services platforms as the country steps up efforts to “provide clarity” and “protect customers.” The Australian Treasury said in a consultation paper that failures and vulnerabilities of these platforms have “increased the need to regulate to protect consumers.”

The government plans to leverage existing Australian financial services laws. It intends to require platforms with a certain threshold of assets — AU$1,500 ($948) for an individual or AU$5 million ($3.2 million) in aggregate — to obtain an Australian Financial Services Licence.

Specifically, the regulators also seek to apply certain obligations, including setting up standards for custody software and requirements when transacting in tokens. The proposal would also apply additional obligations for activities, including trading, staking, tokenization and fundraising.

The consultation for the document closes on Dec. 1, 2023.

Angela Ang, senior policy advisor at blockchain intelligence firm TRM Labs and a former regulator at the Monetary Authority of Singapore, said in a social media post that the Australian government’s proposal is “a thoughtful way to apply existing legal and regulatory constructs to crypto assets that take into account their unique characteristics, as well as alignment to international standards.”

Some banks in Australia have become increasingly cautious about the risks of potential crypto scams. In July, National Australia Bank said it had blocked some payments to “high-risk” cryptocurrency exchanges to protect its customers. In June, the Commonwealth Bank of Australia also took measures to limit its customers' ability to send money to crypto exchanges due to crypto-related scams.


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