Australia to regulate digital asset platforms

Regulating digital asset platforms - Australia
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What is this about?
The Australian government intends to introduce a regulatory framework to address consumer harms in the crypto ecosystem while supporting innovation.

The introduction of a regulatory framework for entities providing access to digital assets and holding them for Australians and Australian businesses is an important step in the government’s approach to crypto reform in the Australian context.

The proposed regulatory framework would apply to digital asset platforms that present similar risks to entities that operate in the traditional financial system. It proposes to leverage the Australian financial services framework to regulate digital asset platforms to ensure consistent oversight and safeguards for consumers.

The government seeks views from interested parties on the proposed framework for regulating digital asset platforms. Specific consultation questions are outlined within the paper.

Responding
You can submit responses to this consultation up until 01 December 2023. Interested parties are invited to comment on this consultation.
While submissions may be lodged electronically or by post, electronic lodgement is preferred. For accessibility reasons, please submit responses sent via email in a Word or RTF format. An additional PDF version may also be submitted.


All information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless you indicate that you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment.

Legal requirements, such as those imposed by the Freedom of Information Act 1982, may affect the confidentiality of your submission.

Key Documents

• Proposal paper:  PDF Format - WORD Format 
• Factsheet:  PDF Format - WORD Format 

How To Respond

• Email - [email protected]

 

• Post - Address written submissions to:

Director, Crypto Policy Unit
Financial System Division
Treasury
Langton Cres
Parkes ACT 2600

Further Reading: https://treasury.gov.au/consultation/c2023-427004

Proposed 5 year strategy issued by Payment Systems Regulator.

The PSR's strategy  sets out  an approach that  aims to make sure payments and payment systems  work  well for everybody and that there is fair competition and access to payments for all. The approach is to protect and embrace what’s working well, change what’s not,  and lay the foundations for new products, ways to pay and new payment systems so that they develop with the needs of real people and businesses in mind. ​  
 
Key elements of the PSR Strategy   
The strategy sets out the PSR’s perspective on payment systems and the markets they support. It considers what is going well, where there is scope for improvement, and the risks and issues that need to be tackled.   

• Priority 1: Ensure users have continued access to the payment services they rely upon and support effective choice of alternative payment options.  
• ​Priority 2: Ensure users are sufficiently protected when using the UK's payment systems, now and in the future. 
• Priority 3: Promote competition in markets and protect users where that competition is not sufficient, including a) between payment systems within the UK and b) in the markets supported by them.   
• Priority 4: Ensure the renewal and future governance of the UK's interbank payment systems supports innovation and competition in payments.

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What this looks like in practice   
In the strategy the PSR also sets out a number of actions it will take to deliver these priorities. Some of the key actions it is proposing include:   

• Promoting  competition between payment systems  so that, for example,  in future people may  choose to use interbank payments (when a payment moves from one bank account to another, like an online transfer) to buy their groceries. Most people currently  use  card payment systems to do this.  
• Continuing to protect access to cash for those that rely on it.  
• Making  sure that,  as interbank payments develop (like in the example above), so do the  consumer  protections  associated with them.  
• Supporting  developments to  Pay.UK’s  governance of the interbank rules so it has greater ability to enforce compliance with its rules and  make  changes that improve outcomes.  
• Understanding and taking account of the perspective of vulnerable consumer groups towards new ways of paying and the choices available to them.  

 
What happens next  
This document is a proposed  strategy .  The PSR is now seeking feedback  from everyone with an interest in payment systems and how they work.  The deadline for responding is  10 September 2021.  
 
This will  help the PSR finalise its approach and ensure  it is focused on the right outcomes,  and - ultimately - have a strategy that is balanced and credible in the eyes of those its regulates and protects.   
 
As well as gathering written feedback  the PSR is  arranging a series of engagement events to listen and understand  the views of its stakeholders.  More information about these events can be found on its website.   
 
If you have any questions, please get in touch via [email protected] 

Links: 

1. Proposed 5 year strategy 
2. ​Linkedin Post