Cointime

Download App
iOS & Android

Australian Treasury proposes to regulate crypto exchanges, not tokens

The Australian federal government is charging forward with plans to regulate the digital asset sector at the exchange level, and may soon require cryptocurrency exchanges to hold a financial services license issued by the local financial regulator.

In the newly-unveiled “Regulating digital asset platforms” consultation paper, released on Oct. 16, the Australian Treasury said that the new regulatory framework aims to address consumer harms while still supporting innovation in the digital asset sector.

Regulating digital asset platforms proposal. Source: The Australian Government Treasury

The core theme of the new regulatory framework is that it aims to regulate cryptocurrency exchanges and service providers instead of individual cryptocurrencies or tokens themselves. Additionally, the consultation paper explained that it will regulate crypto exchanges under pre-existing financial services laws, instead of crafting new crypto-specific rules.

The proposed new rules will see any crypto exchange holding more than $3.2 million, or more than $946 per individual, required to obtain a licence from the Australian Securities and Investment Commission (ASIC). 

Crypto lawyer Aaron Lane said the industry has been pushing for this approach. Source: Twitter

The proposal has seen a mixed reaction from crypto exchanges operating in Australia.

Australian crypto exchange Swyftx's general counsel Adam Percy called the proposal "thoughtful" and agreed that "the primary focus should be to make sure cryptocurrency users can access blockchain technology with appropriate protections and that there’s room for innovation."

Jonathon Miller, the Director of Kraken Australia, however, expressed his disappointment at the latest developments, saying that the consultation paper was essentially “shoehorning" crypto in existing financial services regulation. 

"Australia is now in the unfortunate situation where our regulation has taken a very long time, so we’re taking the approach of shoehorning crypto into existing financial services regulation," Miller said. "We’re behind our global peers when it comes to implementing a crypto framework, so I appreciate the need to have something in place locally to provide certainty to platforms like ours."

"I’m hopeful that we can work collaboratively with the Government to make sure we don’t snuff out the benefits of future innovations in crypto that might fall outside the conventional ‘financial services’ box.

Liam Hennessey, partner at international law firm Clyde & Co said that while its clear that the Treasury is still "grappling" with all of the different types of tokens and services providers, it's crucial to remember that all new proposals set out in the consultation paper are still only suggestions, and are not legally binding recommendations. 

"Whatever the Treasury suggests, it is just that – a suggestion only. The Government is not bound to follow its recommendations, and there will be lobbying once the consultation paper comes out."

Hennessy said that the consultation paper arguably doesn't address the more pressing issues facing the crypto industry in Australia, like issues such as the recent slew of de-banking. 

"Many licensed digital assets exchanges, both domestic and international, are struggling to find adequate banking arrangements," said Hennessy. 

Notably, the Treasury outlined that the entire point of the consultation paper is to "seek feedback" on the many questions and regulations proposed within in it and advised that any feedback may be submitted by Dec. 1, 2023.  

Comments

All Comments

Recommended for you

  • BTC Surpasses $82,000

    Market data shows that BTC has surpassed $82,000, currently priced at $82,038.65, with a 24-hour increase of 0.31%. The market is experiencing significant volatility, so please ensure proper risk management.

  • ETH Surpasses $2400

    Market data shows that ETH has surpassed $2400, currently priced at $2400.26, with a 24-hour decline of 1.33%. The market is experiencing significant volatility, so please ensure proper risk management.

  • BTC Surpasses $81,000

    Market data shows that BTC has surpassed $81,000, currently priced at $81,016.34, with a 24-hour decline of 1.53%. The market is experiencing significant volatility, so please ensure proper risk management.

  • BTC Falls Below $80,000

    Market data shows that BTC has fallen below $80,000, currently priced at $79,940.09, with a 24-hour decline of 3.44%. The market is experiencing significant volatility, so please ensure proper risk management.

  • Philadelphia Semiconductor Index Set to Lose Over $2 Trillion in Market Value in Seven Trading Days

    The Philadelphia Semiconductor Index is poised to evaporate over $2 trillion in market value within seven trading days.

  • Philadelphia Semiconductor Index Drops 4% to Lowest Level in Nearly a Month

    The Philadelphia Semiconductor Index fell by 4.01% during the day, currently reported at 11,215.37 points. Nvidia dropped by 3.25%, Broadcom fell by 2.87%, Micron decreased by 5.79%, Intel declined by 5.81%, AMD dropped by 6.28%, Qualcomm rose by 0.66%, TSMC fell by 4.37%, and ASML decreased by 3.34%.

  • Philadelphia Semiconductor Index Falls 4% to Lowest Level in Nearly a Month

    The Philadelphia Semiconductor Index dropped 4.01% during the day, currently reported at 11,215.37 points. Nvidia fell by 3.25%, Broadcom by 2.87%, Micron by 5.79%, Intel by 5.81%, AMD by 6.28%, Qualcomm rose by 0.66%, TSMC fell by 4.37%, and ASML dropped by 3.34%.

  • Ripple Prime Launches Perpetual Contract Trading Services for Institutional Clients

    According to Bloomberg, Ripple's main brokerage division, Ripple Prime, is launching perpetual contracts for real-world assets (RWA) aimed at institutional clients, covering over 100 reference markets including stocks, indices, ETFs, and commodities. This product is offered through Trade.xyz on Hyperliquid, continuing Ripple Prime's previous initiative to provide clients with access to cryptocurrency perpetual contract trading.

  • NYC Comptroller Urges Anthropic to Pause IPO Plans

    On October 15, New York City Comptroller Mark Levine stated in an interview that he has written to Anthropic CEO Dario Amodei, urging the company to suspend its planned initial public offering (IPO). In the letter, he called for Anthropic to pause its IPO plans until it can fully and transparently address concerns related to AI safety, governance, and development that the company itself has raised. Levine wrote that the company should focus on mitigating these risks rather than advancing the IPO. Currently, New York City has an investment exposure of less than $10 million in Anthropic through the private market.

  • US September PPI Rises 6.3% Year-on-Year, Exceeding Market Expectations

    The US Producer Price Index (PPI) for September recorded a year-on-year increase of 6.3%, the highest since May 2026, surpassing market expectations of 5.3%. The month-on-month PPI for September was reported at 1.3%, significantly higher than the market forecast of 0.5%. Additionally, US retail sales for September showed a month-on-month increase of 0.8%, also exceeding market expectations.