ASIC’s Updated Framework Brings Clarity to Crypto Classification but Raises Industry Resource Questions

Australia’s corporate regulator, the Australian Securities and Investments Commission (ASIC), has released updated guidance for digital asset businesses, marking a major step toward structured crypto regulation in the country. While the move has been welcomed by the local blockchain industry, experts warn that licensing bottlenecks and limited regulatory capacity could delay implementation.

ASIC’s revised Info Sheet 225, published on Wednesday, requires crypto companies whose products fall under the financial services category to register with the Australian Financial Complaints Authority and apply for an Australian Financial Services License (AFSL) by June 30.

“It gives us visibility on ASIC’s position and how they intend to treat digital asset businesses — something we’ve long awaited,” said Amy-Rose Goodey, CEO of the Digital Economy Council of Australia.

According to the guidance, Bitcoin, gaming NFTs, and tokenized tickets are not considered financial products. This means exchanges dealing solely in Bitcoin trading won’t require a financial services license.

“If you’re an exchange and you only deal in Bitcoin, then you don’t need to apply for a license,” explained John Bassilios, partner at Hall & Wilcox.


However, stablecoins, wrapped tokens, tokenized securities, and digital asset wallets will now be treated as financial products under ASIC’s framework. This classification could also extend to yield-bearing stablecoins, tokenized real estate, and staking services involving lock-up periods or minimum balances.

ASIC noted it intends to grant regulatory relief for some stablecoin and wrapped token issuers to ease the transition toward new legislative reforms.


Implementation Challenges and Resource Constraints

Despite the clarity, industry leaders caution that structural and logistical barriers could hinder compliance.

“ASIC has chosen to operationalize policy ahead of law reform,” said Steve Vallas, CEO of Blockchain APAC. “That approach brings certainty now but exposes how much interpretation is replacing actual legislation.”

Vallas warned of bottlenecks due to limited local expertise, restricted banking access, and inadequate insurance options, which could shift compliance risks from legal to operational.

The Albanese government is currently finalizing a new crypto framework under existing financial laws, following a Treasury consultation on draft regulations.

While ASIC’s move represents a crucial stride toward clarity and consumer protection, the success of Australia’s crypto regulation will ultimately depend on the regulator’s ability to manage the surge in license applications efficiently.

Disclaimer

This content is for informational purposes only and does not constitute financial, investment, or legal advice. Cryptocurrency trading involves risk and may result in financial loss.

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