Articles
Blockchain

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

User Image

Door Anoniem

Gemaakt March 11, 2026|2 minuten leestijd
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 artikelen die recentelijk zijn gepubliceerd

Bitcoin and Ether bears get decimated amid 'squeeze-led' rally and Musk's X wants to pay creators in stablecoins: Crypto's week in 5 stories
Bitcoin and Ether bears get decimated amid 'squeeze-led' rally and Musk's X wants to pay creators in stablecoins: Crypto's week in 5 stories

Bitcoin

Bitcoin and crypto staged their strongest rally in months as Treasury intervention, regulatory moves...

Kalshi off-limits in multiple states as prediction markets, CFTC team up for battle
Kalshi off-limits in multiple states as prediction markets, CFTC team up for battle

Crypto Market Analysis

Washington state is cut off for Kalshi customers while the company combats the development in court ...

Tokenized stocks risk repeating Wall Street’s 1960s ‘paper crisis,’ Fairmint CEO says
Tokenized stocks risk repeating Wall Street’s 1960s ‘paper crisis,’ Fairmint CEO says

Crypto Market Analysis

Fairmint CEO Joris Delanoue warns tokenized stocks risk recreating Wall Street’s 1960s paper crisi...

Web3 gaming network Sandbox stops Base and BNB chain bridging after exploit
Web3 gaming network Sandbox stops Base and BNB chain bridging after exploit

Base

The Sandbox disabled bridging on affected networks to isolate tokens and warned users not to trade S...

Crypto exchange BitMart weighs partial restart and creditor payouts weeks after announcing shutdown
Crypto exchange BitMart weighs partial restart and creditor payouts weeks after announcing shutdown

Crypto Market Analysis

The exchange has hired White & Case as restructuring counsel, with a detailed roadmap expected by Se...

MiCA is coming for DeFi vaults, but regulation will be difficult
MiCA is coming for DeFi vaults, but regulation will be difficult

DeFi

Brussels is reviewing whether crypto lending should fall under MiCA, but DeFi lending vaults are mak...