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Australia
ASIC & AUSTRAC regulated legal services for tokenised real estate and digital assets. ACN 19651504737.
Regulatory Framework
Australia has a comprehensive regulatory framework for digital assets, overseen by two primary regulators:
- ASIC (Australian Securities and Investments Commission) — regulates financial services, securities, and consumer protection in relation to digital assets that constitute financial products.
- AUSTRAC (Australian Transaction Reports and Analysis Centre) — oversees anti-money laundering and counter-terrorism financing obligations for digital currency exchanges and other regulated entities.
In addition, the ACCC (Australian Competition and Consumer Commission) enforces consumer protection laws, and the RBA (Reserve Bank of Australia) provides oversight of payment systems and stablecoin arrangements.
Key Legislation
| Legislation | Description | Relevance |
|---|---|---|
| Corporations Act 2001 | Primary legislation governing companies, financial services, and securities in Australia. | Applies to tokenised securities, AFSL requirements, and disclosure obligations. |
| AML/CTF Act 2006 | Anti-Money Laundering and Counter-Terrorism Financing framework. | Mandatory registration and compliance for digital currency exchanges. |
| Consumer Law (ACL) | National consumer protection framework under the Competition and Consumer Act 2010. | Applies to marketing, disclosure, and conduct towards retail investors. |
| National Consumer Credit Protection Act 2009 | Regulates consumer credit activities including lending. | Relevant for DeFi lending protocols and tokenised debt instruments. |
| Privacy Act 1988 | Data protection and privacy framework including the Australian Privacy Principles. | Compliance required for collection and handling of client personal information. |
| Taxation Administration Act 1953 | Framework for tax administration including GST and CGT. | Applies to token transactions, property transfers, and investment income. |
Available Practice Areas
Local Team
JM
Dr. James Morrison
Managing Partner
Sydney
MC
Michael Chen
Partner, Australian Practice
Sydney
EW
Emily Watson
Senior Associate
Sydney
Need Australian Legal Advice?
Our Sydney-based team is ready to assist with your tokenisation, compliance, and property law needs.