Digital Assets (Market Regulation) Bill 2023

High-Level Summary
The Digital Assets (Market Regulation) Bill 2023 aims to establish a regulatory framework for digital assets in Australia, including digital asset exchanges, custody services, and stablecoin issuance. It seeks to provide consumer protections and regulatory clarity in the digital financial sector.

Summary
The Digital Assets (Market Regulation) Bill 2023 introduces a comprehensive licensing regime for digital assets, affecting the Corporations Act 2001. It provides three core licensing authorizations: Digital Asset Exchange authorization, Digital Asset Custody authorization, and Stablecoin Issuance authorization. The bill mandates minimum capital requirements, participant conduct regulation, cybersecurity standards, and segregation of customer funds to ensure consumer protection. Moreover, it imposes disclosure requirements on facilitators of central bank digital currencies and empowers ASIC with monitoring and investigation powers to enforce compliance. The bill also introduces civil and criminal penalties to deter misconduct and ensures that stablecoin issuers hold adequate reserves. The regulatory scheme will function independently of the existing Corporations Act 2001 to accommodate the unique features of digital assets.

Argument For
Normative Bases
  1. Consumer Protection
  2. Pro-Democracy
  3. Intellectualism

The Digital Assets (Market Regulation) Bill 2023 is essential for safeguarding consumers in the rapidly evolving digital asset market. By establishing a robust regulatory framework, the bill provides the necessary oversight to protect consumers from fraud and financial losses, as evidenced by recent exchange collapses like FTX and Blockchain Global Limited [Judgment]. Furthermore, the bill's emphasis on transparency and disclosure requirements enhances the integrity of the digital asset market, fostering trust and informed decision-making among investors [Judgment]. Finally, the bill aligns with international standards, promoting Australia's standing as a well-regulated financial center [Judgment].


Argument Against
Normative Bases
  1. Propertarianism
  2. Non-Discrimination

The Digital Assets (Market Regulation) Bill 2023 may impose undue regulatory burdens on innovation in the digital asset sector. The stringent licensing requirements and associated costs could stifle entrepreneurship and limit market entry for smaller firms, thereby reducing competition and innovation [Judgment]. Additionally, the bill's extensive monitoring and reporting obligations may infringe on privacy rights, raising concerns about data security and the potential for misuse [Judgment]. Furthermore, the reversal of the evidential burden for possessing recognized foreign licenses may unfairly penalize individuals and entities, contradicting the principle of presumed innocence [Judgment].


Date:

2023-03-29

Status:

Before Senate

Sponsor:

BRAGG, Sen Andrew

Portfolio:

Unspecified

Categories:

Financial Regulation, Consumer Protection, Science / Technology

Timeline:
29/03/2023
15/11/2023

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