Australia – FinTech and Blockchain Law Watch

Australia: Crypto in the Courts – ASIC v Finder Update

Sep 02 2025

By: Daniel Knight, Ben Kneebush and Thais Fernandes

The Federal Court of Appeal has dismissed ASIC’s appeal and upheld the primary judge’s decision that Finder Wallet’s (Finder) product “Finder Earn” was not a “debenture” and they did not have to hold an Australian Financial Services License (AFSL). ASIC is still considering the implications of this decision and have not yet indicated whether they will seek to appeal to the High Court of Australia.

Australia: ASIC Prepares Guidance Following the Release of BNPL Regulations

Feb 13 2025

By: Daniel Knight, Madison Jeffreys and Mackenzie Brown

On 5 February 2025, the Australian Government (via the Department of Treasury) released an exposure draft on the National Consumer Credit Protection Amendment (Low Cost Credit) Regulations 2025 (draft Regulations). The draft Regulations follow the recent introduction of the Treasury Laws Amendment (Responsible Buy Now Pay Later and other Measures) Act 2024, which will see Buy Now Pay Later providers regulated as ‘low cost credit contract’ (LCCC) providers under the National Consumer Credit Protection Act 2020 (National Credit Act) from 10 June 2025.

BNPL Regulation Takes the Final Step in Australia

Dec 13 2024

By: Daniel Knight, Ben Kneebush and Madison Jeffreys

On 29 November 2024, the Australian Parliament passed the long-awaited Treasury Laws Amendment (Responsible Buy Now Pay Later and Other Measures) Bill 2024 (Bill).

ASIC Consults on Updated Crypto Guidance–What’s New?

Dec 11 2024

By: Daniel Knight, Simon Kiburg and Ben Kneebush

The Australian Securities and Investments Commission (ASIC) recently released proposed updates to Information Sheet 225 (INFO 225) and a corresponding consultation paper.

Australian Treasury Proposes New Consumer Data Right Rules for Non-Bank Lenders

Dec 04 2024

By: Daniel Knight, Simon Kiburg, Hugo Chow and Madison Jeffreys

The Australian Treasury released an Exposure Draft on 26 November 2024 (Amending Rules) proposing amendments to the Competition and Consumer (Consumer Data Right) Rules 2020 (CDR Rules). Whilst the government designated the non-bank lending sector as subject to the CDR regime on 21 November 2022 and had released draft rules for consultation last year, the new proposed Amending Rules have taken into account stakeholder feedback and reflects the government’s recent ‘reset’ of the CDR regime.

Australia: Crypto in the Courts

Jun 11 2024

By: Daniel Knight and Ben Kneebush

On 4 June 2024, the latest chapter in ASIC’s crypto-asset enforcement efforts unfolded with the Federal Court relieving Block Earner from liability to pay penalties in connection with providing unlicensed financial services (ASIC’s media release can be found here).

AML Reforms Part 2: Digital Currency Service Providers

May 23 2024

By: Daniel Knight and Kithmin Ranamukhaarachchi

The Australian Attorney-General’s Department (Department) has released five consultation papers outlining proposals for extensive reforms to Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime.

AML Reforms Part 1: Remittance Service Providers

May 23 2024

By: Daniel Knight and Kithmin Ranamukhaarachchi

The Australian Attorney-General’s Department (Department) has released five papers outlining proposals for extensive reforms to Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime.

Australia: BNPL Regulation Takes Another Step Forward

Apr 01 2024

By: Dan Knight and Ben Kneebush

On 12 March 2024, the Australian Treasury released for consultation an exposure draft legislative package that proposes to amend the current regulatory framework to regulate low cost credit contracts (LCCCs), including Buy Now Pay Later (BNPL) arrangements and other types of credit contracts. These changes are designed to be flexible, adaptable and proportionate to the risk of consumer harm.

Australia: Licensing Comes to the Crypto Industry

Oct 17 2023

By Daniel Knight

Yesterday the Australian Federal Government released its proposal paper on regulating the crypto industry (Paper). The government proposes to regulate exchanges, custodians and other digital asset service providers within the scope the Australian Financial Services (AFS) licensing regime.

Tag:Australia