AUSSIE CORPORATE REGULATOR TO BUILD OUTCOME-BASED CRYPTO POLICIES

Last updated: June 19, 2025, 22:25 | Written by: Tyler Winklevoss

Aussie Corporate Regulator To Build Outcome-Based Crypto Policies
Aussie Corporate Regulator To Build Outcome-Based Crypto Policies

The Australian cryptocurrency landscape is poised for significant change as the Australian Securities and Investments Commission (ASIC) prepares to roll out a series of regulatory reforms.Forget prescriptive rules dictating every minute detail; ASIC is taking a bold, forward-thinking approach, focusing on achieving specific, desired regulatory outcomes. ASIC Commissioner Alan Kirkland highlighted the need to solve the regulatory trilemma when it comes to financial innovations consumer protection, market integrity, and encouraging financial innovation. The Australian Securities and Investments Commission (ASIC) will focus on desired regulatory outcomes as it closes in on building and releasing a range of regulatory reforms for the [ ]This means the regulator will be less concerned with the “how” and more focused on the “what” – what consumer protections are in place, what level of market integrity is maintained, and what innovation is fostered. Crypto policies developed by the Australian Securities and Investments Commission (ASIC) aim to prioritize regulatory objectives as the agency nears completion of a series of regulatory reforms for the cryptocurrency industry.This pivot towards outcome-based regulation marks a pivotal moment for the Australian crypto industry, promising a more adaptable and potentially less stifling environment for innovation.ASIC Commissioner Alan Kirkland unveiled this strategic shift during Blockchain APAC's Policy Week, emphasizing the necessity to resolve the regulatory trilemma: consumer protection, market integrity, and encouraging financial innovation. The Australian Securities and Investments Commission (ASIC) will focus on desired regulatory outcomes as it closes in on building and releasing a range of regulatory reforms for the crypto sector.This new approach could shape the future of digital assets in Australia, influencing how businesses operate and how consumers interact with cryptocurrencies.

ASIC's Strategic Shift: Focusing on Regulatory Outcomes

ASIC's decision to prioritize outcome-based crypto policies stems from a growing recognition of the limitations of traditional, rules-based regulation in the rapidly evolving digital asset space.Rather than attempting to anticipate every possible scenario and create rigid rules, ASIC is focusing on defining the desired outcomes – a safer, more transparent, and innovative crypto market.This approach offers greater flexibility and adaptability, allowing regulations to evolve alongside the technology and the market itself.

Consider, for example, the regulation of stablecoins.Instead of prescribing specific technologies or operational models, ASIC might focus on ensuring that stablecoins maintain their peg to the underlying asset, have adequate reserves, and are subject to robust auditing and reporting requirements.How these requirements are met is left to the stablecoin issuer, encouraging innovation and competition.

Addressing the Regulatory Trilemma: A Balancing Act

ASIC Commissioner Alan Kirkland has repeatedly highlighted the importance of addressing the regulatory trilemma when it comes to financial innovations, particularly within the crypto sector. The Australian Securities and Investments Commission (ASIC) is gearing up to introduce a range of regulatory reforms for the crypto sector, focusing on desired regulatory outcomes. Addressing the Regulatory TrilemmaThis trilemma involves balancing three crucial objectives:

  • Consumer Protection: Ensuring that consumers are protected from fraud, scams, and other forms of financial harm.
  • Market Integrity: Maintaining the integrity and fairness of the crypto market, preventing manipulation and insider trading.
  • Financial Innovation: Fostering innovation and growth within the crypto sector, allowing new technologies and business models to flourish.

Successfully navigating this trilemma requires a delicate balancing act.Overly restrictive regulations could stifle innovation and drive businesses overseas, while lax regulations could expose consumers to unacceptable levels of risk.ASIC's outcome-based approach is designed to strike the right balance, allowing for innovation while ensuring adequate consumer protection and market integrity.

Practical Examples of Outcome-Based Regulation in Crypto

So, how might this outcome-based regulatory approach manifest itself in practice? The Australian Securities and Investments Commission (ASIC) is set to release a series of regulatory reforms targeting the cryptocurrency sector. ASIC Commissioner Alan Kirkland revealed this strategic move during Blockchain APAC s Policy Week.Here are a few potential examples:

  • Crypto Exchanges: Instead of dictating specific cybersecurity protocols, ASIC might require exchanges to demonstrate that they have adequate security measures in place to protect customer assets and data. This is very much welcomed. As I have previously written ( australia uk newzealand usa interestrateThe exchange would then be free to choose the most appropriate security technologies and practices for its specific needs.
  • Decentralized Finance (DeFi): Rather than attempting to ban or restrict DeFi protocols, ASIC might focus on ensuring that these protocols are transparent, auditable, and subject to appropriate risk management controls.
  • Initial Coin Offerings (ICOs) and Token Sales: Instead of prohibiting ICOs outright, ASIC might require issuers to provide clear and accurate information about the project, its risks, and the intended use of funds.This would allow investors to make informed decisions while still allowing innovative projects to raise capital.

New Licensing Requirements for Crypto Exchanges

While ASIC is adopting an outcome-based approach, certain aspects of crypto regulation will still require specific rules and licensing requirements. Aussie corporate regulator to build outcome-based crypto policies ASIC Commissioner Alan Kirkland highlighted the need to solve the regulatory trilemmaOne such area is the regulation of crypto exchanges, particularly those holding significant amounts of customer assets.

The proposed new rules will require any crypto exchange holding more than 5 million Australian dollars ($3.2 million) or over AU$1,500 ($946) per individual customer, to obtain a license from ASIC. Aussie corporate regulator to build 'outcome-based' crypto policies - Cointelegraph: Aussie corporate regulator to build 'outcome-based' crypto policies. ASICThis measure aims to protect customer funds and ensure that exchanges are operating in a responsible and transparent manner.

What This Means for Crypto Exchanges

These new licensing requirements will have a significant impact on crypto exchanges operating in Australia.Exchanges will need to:

  1. Assess their current holdings and determine whether they meet the threshold for requiring a license.
  2. Develop and implement robust risk management and compliance programs.
  3. Meet ASIC's capital adequacy requirements.
  4. Undergo regular audits to ensure compliance with the regulations.

For smaller exchanges, these requirements may present a significant challenge.They may need to invest in additional resources and expertise to comply with the new regulations. The ASIC goals to foster belief for crypto and decentralized monetary programs by enhancing oversight and balancing the trilemma components. In line with the commissioner, the ASIC has supplied casual regulatory help to over 900 entities since 2025.However, for larger, more established exchanges, these requirements are likely to be seen as a necessary step towards creating a more mature and reputable crypto market.

The Importance of Consumer Education and Awareness

While regulation plays a crucial role in protecting consumers, it is not a substitute for consumer education and awareness.Consumers need to be aware of the risks associated with investing in cryptocurrencies and understand how to protect themselves from fraud and scams.

ASIC has a responsibility to provide consumers with clear and accurate information about the risks and benefits of cryptocurrencies. Aussie corporate regulator to build outcome-based crypto policies cointelegraph.comThis could include:

  • Publishing educational materials and resources on its website.
  • Conducting public awareness campaigns to educate consumers about crypto risks.
  • Working with industry stakeholders to promote responsible investing practices.

Balancing Innovation and Regulation: A Delicate Dance

The ultimate goal of crypto regulation should be to strike a balance between fostering innovation and protecting consumers. SEC Lacks Regulatory Clarity, Consensus on Crypto, GOP Commissioners SayOverly restrictive regulations could stifle innovation and drive businesses overseas, while lax regulations could expose consumers to unacceptable levels of risk. The proposed new rules will require any crypto exchange holding more than 5 million Australian dollars ($3.2 million) or over AU$1,500 ($946) per individual, to obtain a license from the ASIC.ASIC's outcome-based approach is designed to find that sweet spot, allowing for innovation while ensuring adequate consumer protection and market integrity.

This requires ongoing dialogue and collaboration between regulators, industry participants, and consumers. Aussie corporate regulator to build outcome-based crypto policiesASIC Commissioner Alan Kirkland highlighted the need to solve the regulatory trilemma whRegulators need to be open to feedback and willing to adapt their regulations as the market evolves.Industry participants need to be proactive in engaging with regulators and developing responsible business practices. Aussie corporate regulator to build outcome-based crypto policies ASIC Commissioner Alan Kirkland highlighted the need to solve the regulatory trilemma when it comes to financialAnd consumers need to be informed and aware of the risks associated with investing in cryptocurrencies.

ASIC's Track Record: Providing Regulatory Assistance

According to Commissioner Kirkland, ASIC has already demonstrated its commitment to supporting innovation by providing informal regulatory assistance to over 900 entities since 2025.This proactive approach suggests that ASIC is genuinely interested in fostering a healthy and innovative crypto ecosystem in Australia.

Addressing Common Questions About Crypto Regulation

With the increasing interest in cryptocurrencies, many questions arise regarding regulation.Let's address some of the most common:

Will these new regulations stifle innovation in the crypto space?

ASIC's outcome-based approach is designed to minimize the risk of stifling innovation. The Australian Securities and Investments Commission (ASIC) will prioritize achieving specific regulatory objectives as it nears the completion of developing and implementing a series of regulatory reforms for the crypto sector.By focusing on desired outcomes rather than prescribing specific rules, ASIC allows businesses to innovate and develop new solutions while still ensuring adequate consumer protection and market integrity.

How will ASIC enforce these new regulations?

ASIC has a range of enforcement powers at its disposal, including the ability to issue warnings, impose fines, and even revoke licenses.ASIC is committed to taking strong action against businesses that fail to comply with the regulations.

What can consumers do to protect themselves from crypto scams?

Consumers can protect themselves by:

  • Doing their research before investing in any cryptocurrency.
  • Being wary of promises of guaranteed returns or high profits.
  • Only investing what they can afford to lose.
  • Using reputable exchanges and wallets.
  • Reporting any suspected scams to ASIC.

The Future of Crypto Regulation in Australia

The future of crypto regulation in Australia is likely to be characterized by continued evolution and adaptation.As the market matures and new technologies emerge, ASIC will need to remain flexible and responsive to ensure that its regulations remain effective and relevant. News that are related to the article cointelegraph.com: Aussie corporate regulator to build outcome-based crypto policies from papers and blogs.The shift to an outcome-based system provides that agility.

It is also likely that there will be increased international cooperation on crypto regulation.As cryptocurrencies become increasingly global, it is important for regulators to work together to prevent regulatory arbitrage and ensure consistent standards across different jurisdictions.

Conclusion: Embracing Outcome-Based Regulation for a Thriving Crypto Ecosystem

ASIC's move towards outcome-based crypto policies is a welcome development for the Australian crypto industry. To safeguard consumers, maintain market integrity, and promote financial innovation, the regulatory trilemma surrounding financial innovations must be resolved, according to ASIC Commissioner Alan Kirkland.By focusing on achieving specific regulatory objectives rather than prescribing rigid rules, ASIC is creating a more flexible and adaptable regulatory environment that can foster innovation while protecting consumers and maintaining market integrity. Report this post Will new rules finally bring certainty to UKThis new approach has the potential to unlock the full potential of digital assets in Australia, driving economic growth and creating new opportunities for businesses and consumers alike. BTCUSD Bitcoin Aussie corporate regulator to build 'outcome-based' crypto policiesAs these policies are developed and implemented, ongoing communication and collaboration between regulators, industry participants, and consumers will be essential to ensure the creation of a robust and thriving crypto ecosystem. Aussie corporate regulator to build 'outcome-based' crypto policies - Cointelegraph: Aussie corporate regulator to build 'outcome-based' crypto policies. ASIC Commissioner Alan KirklandBy embracing a balanced approach that prioritizes both innovation and regulation, Australia can position itself as a leader in the global crypto space.

Tyler Winklevoss can be reached at [email protected].

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