On 8 April 2026, the Corporations Amendment (Digital Assets Framework) Act 2026 received royal assent. The act has accordingly moved beyond the proposal stage and is now enacted law, with the new regime to commence 12 months after royal assent and industry participants then expected to navigate the applicable transition and compliance timetable. In our earlier commentary, we addressed the key features of the legislative framework itself. This article turns to a related but distinct question: the common tokenisation structures we have seen being used in practice, and how those structures may be analysed under Australian law.
Tokenisation is often described as the process of putting realworld assets on-chain. That is commercially helpful, but legally it can be misleading, particularly in Australia.
