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"New plumbing," not a new financial system
He drew an analogy to previous infrastructure shifts. Financial markets moved from paper based records to electronic systems without creating a whole new legal category for "electronic finance." In Bollen's view, blockchains are another infrastructure upgrade, not proof that finance has been reinvented from scratch.
Why ASIC is leaning into function based regulation
A function first approach gives ASIC a cleaner framework:
- Same activity, same risk class: Custody risk is custody risk, whether assets sit in a broker omnibus account or a multisig controlled by an exchange.
- Technology neutral enforcement: ASIC can argue it is not anti crypto, it is pro consumer protection and market integrity.
- Less opportunity for regulatory arbitrage: If "onchain" becomes a marketing wrapper to dodge licensing or disclosure, ASIC's approach is designed to neutralize that.
What this could mean for exchanges, brokers, and token issuers
If policymakers follow Bollen's logic, Australia's crypto industry should expect more convergence with traditional licensing, conduct, and disclosure regimes. That does not automatically mean "ban" energy, it means fewer special cases.
Trading venues and brokers: tighter expectations around market integrity
A function based lens points to questions ASIC already asks in other markets:
- How are conflicts of interest managed (especially when the venue lists, promotes, and sometimes makes markets in the same assets)?
- What are the rules around custody and segregation of client assets?
- What surveillance exists for manipulation, wash trading, and thin book games?
Token issuance: less magic in the word "utility"
Token launches often rely on semantic gymnastics, "not an investment," "governance only," "community token," while distribution and marketing patterns tell a different story. A function based approach pressures issuers to justify why a token is not, in substance, operating like a financial product.
That matters for:
- Disclosure standards: What does the buyer actually get, and what are the material risks?
- Distribution practices: Who gets allocations, what are the lockups, how concentrated is supply, what is the realistic liquidity profile?
- Ongoing representations: Are teams effectively promising efforts that drive value?
If the regulator stops treating "token" as a special category and starts treating token sales as financial fundraising when they resemble it, the compliance surface area expands fast.
Stablecoins and payments: "new rails" invites old obligations
Payments is where "new plumbing" is most literal. Stablecoins are frequently sold as settlement tools, not speculative assets. But the moment a token behaves like money, regulators tend to ask money questions: reserves, redemption, liquidity management, operational resilience, and consumer disclosure.
DeFi is where the analogy gets stress tested
Here is the part CT will argue about: DeFi does not always map neatly onto legacy roles.
Yes, automated market makers replicate exchange functions. Lending protocols replicate credit intermediation. Derivatives platforms replicate leveraged trading. But DeFi also introduces characteristics that complicate a straight "same rules" port:
- No single operator (sometimes): Who is the responsible entity when governance is diffuse, development is pseudonymous, and deployments are immutable?
- Composability and reflexive leverage: Risk can stack quickly across protocols in ways that look more like a machine than a firm.
- Instant global access: Jurisdiction and perimeter become enforcement challenges, not just policy questions.
So even if the function is similar, the accountability model may not be. That is the weak point of the "just plumbing" analogy: plumbing changes can alter who controls the valves.
Who's positioned where: banks, fintechs, and the "regulated onchain" trade
Bollen's view is likely welcome news for institutions that have been waiting for clearer lines. Banks and large fintechs generally prefer technology neutral regulation because it reduces headline risk. If crypto is framed as finance, then crypto can be integrated into existing risk committees, compliance programs, and product frameworks. [4]
Takeaway: expect fewer exemptions, and watch the edge cases
ASIC's fintech chief is basically telling the market: stop pitching crypto as a mystical new asset class, and start treating it like financial infrastructure with familiar risks. If that view shapes policy, Australia's direction is likely toward applying existing regulatory principles to crypto activities, with adjustments where the plumbing genuinely changes accountability.
Key risk for the industry: the further a product gets from clear responsible parties, clear disclosures, and clear custody protections, the more aggressively regulators tend to respond.

