ASIC Corporations (Stablecoin Distribution Exemption) Instrument 2025/631

Administered by Department of the Treasury

Legislation au F2025L01117 In force Legislative Instrument

Legislation content

ASIC Corporations (Stablecoin Distribution Exemption) Instrument 2025/631

made under subsections 791C(7), 791C(9), 820C(7), 820C(9) and 926A(2) of the Corporations Act 2001

 

Compilation No. 1 

Compilation date: 08/10/2025

Includes amendments up to: ASIC Corporations (Amendment) Instrument 2025/679 (F2025L01233)

 

About this compilation

This compilation

This is a compilation of the ASIC Corporations (Stablecoin Distribution Exemption) Instrument 2025/631 that shows the text of the law as amended and in force on 08/10/2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary..................................................4

1 Name of legislative instrument...........................................4

2 Commencement......................................................4

3 Authority............................................................4

4 Simplified outline of this instrument......................................4

5 Definitions..........................................................4

Part 2—Exemption...................................................6

6 Australian market licence exemption......................................6

7 Australian CS facility licence exemption...................................6

8 Australian financial services licence exemption..............................6

9 Condition...........................................................6

Part 3—Repeal......................................................7

10 Repeal..............................................................7

Endnotes...........................................................8

Endnote 1—About the endnotes..............................................8

Endnote 2—Abbreviation key...............................................9

Endnote 3—Legislation history.............................................10

Endnote 4—Amendment history............................................11

 

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC Corporations (Stablecoin Distribution Exemption) Instrument 2025/631.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note: The register may be accessed at www.legislation.gov.au.

3 Authority

This instrument is made under subsections 791C(7), 791C(9), 820C(7), 820C(9) and 926A(2) of the Corporations Act 2001.

4 Simplified outline of this instrument

This instrument specifies certain stablecoins and provides the following licensing exemptions to persons (called Distributors) who are not issuers of a specified stablecoin:

(a) a Distributor who operates a financial market only because a specified stablecoin is a financial product does not need to have an Australian market licence;

(b) a Distributor who operates a clearing and settlement facility only because a specified stablecoin is a financial product does not need to have an Australian CS facility licence;

(c) a Distributor who provides certain financial services in relation to a specified stablecoin does not need to have an Australian financial services licence.

The exemptions are subject to a condition that the Distributor must take reasonable steps to give or make available a Product Disclosure Statement in relation to the stablecoin to retail clients where one has been prepared by the issuer of the stablecoin.

5 Definitions

(1)  In this instrument:

Act means the Corporations Act 2001.

Distributor means a person other than a Named Stablecoin Issuer.

Named Stablecoin has the meaning given by subsection (2).

Named Stablecoin Issuer has the meaning given by subsection (2).

retail client:

(a) a person is a retail client in relation to a financial market if a financial service provided to the person in relation to the trading or proposed trading of a financial product by the person on the market is or would be provided to the person as a retail client (within the meaning of sections 761G and 761GA of the Act); and

(b)  a person is a retail client in relation to a clearing and settlement facility if a financial service provided to the person in relation to transactions in financial products in relation to the clearing and settlement facility is or would be provided to the person as a retail client (within the meaning of sections 761G and 761GA of the Act); and

(c) otherwise, retail client has the meaning given by sections 761G and 761GA of the Act.

(2) In this instrument:

(a) an entity referred to in an item of the following table is a Named Stablecoin Issuer; and

(b) a stablecoin token listed in the item in relation to the Named Stablecoin Issuer is a Named Stablecoin in relation to the Named Stablecoin Issuer.

 

Item

Named Stablecoin Issuer

Named Stablecoin

1

Catena Digital Pty Ltd ACN 669 901 302

AUDM

2

Forte Securities Australia Pty Limited ACN 614 579 734

AUDF

 

Part 2—Exemption

6 Australian market licence exemption

A Distributor does not have to comply with subsection 791A(1) of the Act if they operate a financial market only because one or more Named Stablecoins is a financial product.

7 Australian CS facility licence exemption

A Distributor does not have to comply with subsection 820A(1) of the Act if they operate a clearing and settlement facility only because one or more Named Stablecoins is a financial product.

8 Australian financial services licence exemption

A Distributor does not have to comply with subsection 911A(1) of the Act for the provision of any of the following financial services:

(a) providing general advice in relation to a Named Stablecoin;

(b) dealing in (other than by issuing) a Named Stablecoin;

(c) making a market for a Named Stablecoin;

(d) providing a custodial or depository service in relation to a Named Stablecoin.

9 Condition

A Distributor that relies on an exemption in section 6, 7 or 8 in relation to one or more Named Stablecoins and a retail client must take reasonable steps to give or make available to the retail client a Product Disclosure Statement for the Named Stablecoin that is the most current in use, where one has been prepared by the Named Stablecoin Issuer.

Note:  If a Named Stablecoin is issued without a Product Disclosure Statement being prepared, subsequent offers for sale of the Named Stablecoin may require a Product Disclosure Statement: see section 1012C of the Act.

 

 

Part 3—Repeal

10 Repeal

This instrument is repealed at the start of 1 June 2028.

 

 

 

Endnotes 

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = Subpart(s)

 

underlining = whole or part not

 

commenced or to be commenced

 

 

Endnote 3—Legislation history

Name

Registration

Commencement

Application, saving and transitional provisions

ASIC Corporations (Stablecoin Distribution Exemption) Instrument 2025/631

(F2025L01117)

19/09/2025

20/09/2025

-

ASIC Corporations (Amendment) Instrument 2025/679

(F2025L01233)

07/10/2025

08/10/2025

-

 

 

Endnote 4—Amendment history

Provision affected

How affected

Section 2

rep. s48D LA

Section 4

am 2025/679

Section 5

am 2025/679

Section 9

am 2025/679

 

Overview

The ASIC Corporations (Stablecoin Distribution Exemption) Instrument 2025/631 was enacted to address the growing complexity and need for regulatory clarity in the distribution of stablecoins in the Australian market. This legislative instrument, created under the authority of specific subsections of the Corporations Act 2001, exempts certain distributors of specified stablecoins from needing to hold certain financial services licenses. The primary objective of this instrument is to facilitate the distribution of stablecoins by easing regulatory burdens on distributors, while ensuring consumer protection by requiring distributors to provide retail clients with Product Disclosure Statements prepared by the stablecoin issuers. This exemption is designed to balance innovation in financial technology with the need to protect consumers, thereby encouraging the development of the digital economy while maintaining regulatory standards. The instrument is set to be repealed at the start of 1 June 2028, indicating a temporary measure intended to provide clarity and stability in the evolving landscape of digital financial products.

Scope and Application

The ASIC Corporations (Stablecoin Distribution Exemption) Instrument 2025/631 applies to specific stablecoins and provides exemptions from certain licensing requirements to persons who are not issuers of specified stablecoins, referred to as Distributors. This instrument exempts Distributors from needing an Australian market licence if they operate a financial market solely because a specified stablecoin is a financial product. It also exempts Distributors from needing an Australian clearing and settlement (CS) facility licence if they operate a CS facility only because a specified stablecoin is a financial product. Furthermore, Distributors are exempt from needing an Australian financial services licence for certain financial services in relation to specified stablecoins, such as providing general advice, dealing in, making a market for, or providing custodial or depository services for these stablecoins. The exemptions are contingent upon the Distributor taking reasonable steps to make available a Product Disclosure Statement to retail clients where one has been prepared by the stablecoin issuer. The instrument applies nationally across Australia and is in effect from the day after it is registered on the Federal Register of Legislation until it is repealed on 1 June 2028. The exemptions are specifically tailored for entities that are not the issuers of the stablecoins, with only certain entities, such as Catena Digital Pty Ltd and Forte Securities Australia Pty Limited, identified as issuers of named stablecoins.

Key Provisions

The ASIC Corporations (Stablecoin Distribution Exemption) Instrument 2025/631, referred to as the Instrument, outlines specific exemptions for the distribution of stablecoins within Australia, as defined by the Corporations Act 2001. The Instrument, which came into effect on 20 September 2025, exempts certain entities from needing an Australian market licence, clearing and settlement facility licence, or financial services licence when dealing with specified stablecoins. These stablecoins are defined in the Instrument, with Catena Digital Pty Ltd and Forte Securities Australia Pty Limited listed as the Named Stablecoin Issuers, and AUDM and AUDF identified as their respective stablecoins. The Instrument imposes certain obligations on those who qualify as Distributors under the exemptions. For example, a Distributor must ensure that a Product Disclosure Statement (PDS) is made available to retail clients if it has been prepared by the Named Stablecoin Issuer. This requirement applies when the Distributor operates a financial market, clearing and settlement facility, or provides specific financial services related to the specified stablecoins. The Instrument also defines who qualifies as a retail client, ensuring that the exemption applies only to those entities that would not typically require a PDS under other sections of the Act. Failure to comply with the conditions outlined in the Instrument may result in legal consequences. The Instrument specifies that it is repealed as of 1 June 2028, which means that after this date, the exemptions it provides will no longer apply, and Distributors will need to comply with the full requirements of the Corporations Act 2001. It is crucial for practitioners to be aware of this timeframe to advise their clients accordingly. Any amendments to the Instrument, such as those made by the ASIC Corporations (Amendment) Instrument 2025/679, are detailed in the endnotes and may affect the interpretation and application of the exemptions.

Legal classification tags

Area of Law
Corporate Law & Governance
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Regulatory Standards
Licensing & Registration

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.