ASIC Fintech Chief Says Crypto Shouldn’t Be a Separate Asset Class

TheNewsCryptoОпубликовано 2026-03-11Обновлено 2026-03-11

Введение

The fintech chief of Australia's securities regulator, ASIC, argues that crypto should not be treated as a separate asset class. Rhys Bollen stated at the Melbourne Money and Finance Conference that blockchain and crypto perform the same core financial functions as existing infrastructure and should be regulated based on economic substance rather than technological form. He proposed that tokenized securities fall under securities laws, stablecoins under payment services legislation, and other crypto aspects under consumer protection laws. Bollen emphasized that regulatory systems have historically adapted to technological changes without abandoning core principles like market integrity and consumer protection. He noted that most consumer harm in crypto stems from intermediaries (platforms offering trading, custody, or lending services), not the tokens themselves. ASIC's approach focuses on regulating these intermediaries rather than the assets. This stance contrasts with dedicated crypto regulatory frameworks in the US and EU. Bollen also cautioned that legal analysis should prioritize practical control and profit over claims of decentralization.

The fintech chief of Australia’s security regulator states that blockchain and crypto are the technologies doing the same functions as current financial infrastructure, so they should not be considered as different asset classes when making legislation.

On March 11, a paper was presented at the Melbourne Money and Finance Conference in which Rhys Bollen, the head of fintech at the Australian Securities and Investment Commission, mentioned that crypto should be regulated on economic substance instead of the technological form.

Tokenized securities should come under securities laws, and stablecoins should initiate payment services legislation. He also mentioned that other bodies of crypto may fall under consumer protection laws.

What Did Bollen Further State?

The approach of Bollen differs from the crypto-aimed regulatory frameworks in different countries, such as the CLARITY Act in the US and the Markets in Crypto-Assets Regulation framework in Europe.

Bollen went on, mentioning that three prominent financial functions, including capital allocation, payments and risk management, have developed with technological advancements and that distributed ledger technologies like blockchain should not be treated differently.

The head of fintech also added that regulatory systems have so far adapted to technological change, from paper instruments to electronic records, without leaving foundational principles like consumer protection, market integrity and systematic stability.

The Australian crypto market has also been guided via ASIC Information Sheet 225, which mentions that current definitions of “financial product” and “financial service” under the Corporations Act can concern digital assets.

ASIC Information Sheet 225 is also aimed at the regulation of intermediaries instead of tokens, with Bollen mentioning that a lot of consumer harm in the digital asset industry has originated from the conduct of crypto platforms providing custody, trading, lending or yield services.

Bollen confirmed that diversification issues may originate with decentralised products or services; also, he mentioned that legal analysis should aim at practical control and profit instead of formal claims of decentralisation.

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Связанные с этим вопросы

QAccording to ASIC's fintech chief, why shouldn't crypto be considered a separate asset class?

ABecause blockchain and crypto are technologies performing the same functions as current financial infrastructure, so they should be regulated based on economic substance rather than technological form.

QWhat specific regulatory approach did Rhys Bollen propose for different types of crypto assets?

AHe proposed that tokenized securities should come under securities laws, stablecoins should initiate payment services legislation, and other crypto assets may fall under consumer protection laws.

QHow does Bollen's regulatory approach differ from frameworks in the US and Europe?

ABollen's approach focuses on regulating crypto based on its economic function, unlike the US CLARITY Act and Europe's Markets in Crypto-Assets Regulation which are specifically crypto-aimed frameworks.

QWhat are the three prominent financial functions that Bollen mentioned have evolved with technology?

AThe three functions are capital allocation, payments, and risk management.

QAccording to ASIC Information Sheet 225, what is the primary focus of crypto regulation in Australia?

AIt focuses on regulating intermediaries (such as crypto platforms providing custody, trading, lending, or yield services) rather than the tokens themselves.

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