Articles
Blockchain

Crypto is just finance with new plumbing: Australia’s ASIC fintech chief

User Image

Von Anonym

Erstellt March 11, 2026|2 Minuten Lesezeit
Main Image

New regulatory frameworks weren’t needed when financial infrastructure shifted from paper to electronic records, so it isn't needed for blockchain either, argues ASIC’s Rhys Bollen.

Blockchain and crypto are technologies performing the same functions as existing financial infrastructure, so they shouldn’t be treated as separate asset classes when crafting legislation, according to the fintech chief of Australia’s securities regulator.

In a paper presented at the Melbourne Money & Finance Conference on Wednesday, Australian Securities and Investments Commission’s (ASIC’s) head of fintech, Rhys Bollen, said crypto should be regulated on “economic substance rather than technological form.”

Tokenized securities should fall within securities laws, and stablecoins should trigger payment services legislation, Bollen said, while noting that other elements of crypto may be subject to consumer protection laws.

Bollen’s approach contrasts with crypto-specific regulatory frameworks in other countries, such as the CLARITY Act in the US and the Markets in Crypto-Assets Regulation framework in Europe.

Bollen argued that the three main financial functions — capital allocation, payments and risk management — have evolved with technological advancements and that distributed ledger technologies, such as blockchain, shouldn’t be treated differently:

“Regulatory systems have repeatedly adapted to technological change – from paper instruments to electronic records – without abandoning foundational principles such as consumer protection, market integrity and systemic stability,” Bollen added.

Australia is already starting to adopt this approach, with the main piece of crypto legislation, the Digital Asset Framework bill, seeking to merely amend parts of the Corporations Act, Bollen said.

The Australian crypto market has also been given guidance through ASIC Information Sheet 225, which states that existing definitions of “financial product” and “financial service” under the Corporations Act can apply to digital assets.

“ASIC’s guidance explicitly rejects the notion that digital assets constitute a discrete asset class for regulatory purposes,” Bollen said. “Instead, it confirms that a digital asset may fall within the regulatory perimeter where it functions as a security, derivative, managed investment scheme interest or non-cash payment facility.”

Bollen said a focus on “economic characteristics rather than technological labels” would enable regulators to provide clearer rules to market participants while reducing “opportunities for regulatory arbitrage.”

Related: Ripple targets April for Australian financial license via acquisition

ASIC Information Sheet 225 is also focused on the regulation of intermediaries rather than tokens, with Bollen noting that most consumer harm in the digital asset industry has stemmed from the conduct of crypto platforms offering custody, trading, lending or yield services.

Bollen acknowledged that classification issues may arise with decentralized products or services, though he said legal analysis should focus on practical control and benefit, rather than formal claims of decentralization:

Magazine: Clarity Act risks repeat of Europe’s mistakes, crypto lawyer warns

Source: CoinTelegraph


Andere kürzlich veröffentlichte Artikel

Mizuho says Circle bank approval doesn't solve USDC growth, stablecoin competition risks
Mizuho says Circle bank approval doesn't solve USDC growth, stablecoin competition risks

Crypto Market Analysis

Japanese investment bank Mizuho reiterated its neutral rating on Circle, saying OCC approval for a n...

Trump's crypto riches loom over Clarity Act talks to ban conflicts for U.S. officials
Trump's crypto riches loom over Clarity Act talks to ban conflicts for U.S. officials

Crypto Market Analysis

Discussion among Democrats have fixed on the president's personal gains when hashing out the crypto ...

Strategy sells $467M in MSTR shares, leaves 843,775 BTC stack untouched
Strategy sells $467M in MSTR shares, leaves 843,775 BTC stack untouched

Bitcoin

Strategy boosted its US dollar reserve to $3 billion after selling $466.7 million in MSTR shares, wh...

Coinbase Ventures tops crypto VC list for H1 2026
Coinbase Ventures tops crypto VC list for H1 2026

Crypto Market Analysis

Coinbase’s venture capital arm leads 2026 crypto investing even as funding withered and unique inv...

Bitcoin threatens $62K in risk-asset rout as Donald Trump says US will 'run' closed Hormuz Strait
Bitcoin threatens $62K in risk-asset rout as Donald Trump says US will 'run' closed Hormuz Strait

Bitcoin

Bitcoin bulls faced an uphill struggle to preserve $62,000 as stocks opened down on Strait of Hormuz...

Donald Trump invokes US senator’s death to push crypto bill
Donald Trump invokes US senator’s death to push crypto bill

Crypto Market Analysis

With the death of Senator Lindsey Graham and another senator hospitalized, Republicans’ current ma...