Treasury proposes overhaul of payment system regulation: what you need to know

Insights10 Oct 2025
By John Bassilios and Aash Velhal

Key takeaways

  • SVFs and tokenised SVFs (ie stablecoins) are intended to be expressly regulated under financial services laws – this could impact the AFS licensing requirements of your business.
  • The scope of the term ‘payment services’ has been expressly clarified in the draft legislation to include, among other things, payment facilitation services and payment initiation services.
  • The ‘retail’ and ‘wholesale’ client distinction are amended for purposes of the draft regulations and an AFS licensee that provides a Payment Service or a financial service relating to an SVF/Tokenised SVF to another licensee as an intermediary must also comply with the new obligations.

The government has been consulting for an extended period on a licencing framework for payment service providers (PSP). PSP’s operate services that enable consumers and businesses to make and receive payments. These payment systems are central to the function of the Australian economy and facilitate an estimated 55 million transactions within Australia each day.[1] 

For more information on the government’s consultations on the proposed new framework, see our previous article ‘Payment System modernisation - licensing: second consultation paper released’. 

Following consultations on the proposed new framework, the Treasury announced on 9 October 2025 it is consulting on the recently published exposure draft legislation[2], ‘Treasury Laws Amendment Bill 2025: Payments System Modernisation— amendment of the Corporations Act 2001’ (draft legislation), aimed at modernising Australia’s payment regulation system. 

Released as tranche 1a,[3] the draft legislation describes the proposed amendments to the Corporations Act 2001 (Cth) (Act), specifically, the Australian financial services (AFS) licencing framework. The focus is on introducing new, defined types of financial products and services offered by PSP’s, and leveraging the clarity offered by these now-defined offerings to apply ‘proportionate and consistent regulation’[4]tailored to the nature of the product or service offered by the PSP.

This comes fresh on the heels of a separate exposure draft released recently, outlining similar major reform to digital asset and tokenised custody platforms. This draft legislation will work in conjunction with those proposed reforms, utilising similar concepts and definitions which will assist in the interpretation of provisions for PSP’s[5]. Our previous article, ‘Cryptocurrency exchanges face regulatory overhaul – who and what’ included’provides a summary of those reforms. 

Key features

New financial products and services

Payment services

AFS licensing obligations 

General

The draft legislation exposes PSP’s to the same general AFS licensee obligations, including the additional obligations imposed when services are provided to retail clients. However, there are some discrete adjustments applicable to PSP’s to address their potential risk:

  • Retail vs wholesale client
    • The definitions of ‘retail’ and ‘wholesale’ client are amended in that the circumstances in which a financial product or service is provided to a person as a retail client is based on a specific amount to be specified in the regulations; and
    • the ‘retail client - sophisticated investor’ exemption in section 761GA of the Act will not apply to the provision of SVF’s, tokenised SVF’s or payment services.
  • Intermediary licensee
    • Where a licensee (intermediary licensee) provides a payment service or a financial service relating to an SVF/tokenised SVF to another licensee (other licensee), to enable the other licensee to provide those particular services, then the intermediary licensee must also comply with the new obligations.

These obligations include taking reasonable steps to co-operate with AFCA regarding any complaints, and co-operating with the other licensee for the purpose of applying the other licensees internal dispute resolution procedure in the event of a complaint regarding provision of these new financial products and services. 

Tokenised SVF Provider Obligations 

In addition, tokenised SVF providers have the following additional ongoing disclosure obligations:

  • material change or significant events:
    • being anything which may reasonably affect:
      • the value of reserve assets held by the providers to meet its obligations under tokenised SVF’s it has issued; or
      • its ability to meet those obligations.
  • monthly disclosure regarding reserve assets and outstanding liabilities:
    • within 7 days of the end of each calendar month, a tokenised SVF must publish a statement detailing:
      • the reserve assets held by the provider to meet their obligations under the tokenised SVF’s it has issued; and
      • all outstanding liabilities relating to tokenised SVF’s it has issued

Other initiatives

The following also features in the draft legislation. 

ePayments code

Safeguarding money

Unclaimed money 

Where to from here?

The draft legislation signals a major shift in how payment services are defined and regulated in Australia. By introducing clearer categories of financial products and services and aligning obligations with the nature and scale of those offerings, the reforms aim to create a more consistent and transparent regulatory framework, improving consumer protections in the process. 

The government will release two sub-tranches of draft legislation for consultation for tranche 1 reforms, with the objective of introducing a single package of legislation to Parliament in 2026. 

Tranche 1b of the reforms is scheduled to be released in early 2026. Public consultation on tranche 1a closes 6 November 2025. 

If you’d like to discuss what the draft legislation means for your business, including the new general AFS licensing obligations as well as AFS licensing obligations specific to tokenised SVF providers, please reach out to our specialist financial services and digital assets team.

This article was written with the assistance of Kurt Frampton, Law Graduate.


[1] Payments System Board, Annual Report (2020), pg. 39.

[2] Treasury Laws Amendment Bill 2025: Payments System Modernisation— amendment of the Corporations Act 2001

[3] These reforms will be released over two sub-tranches: 1a, 1b and 2. 

[4] Factsheet: Regulation of Payment Service Providers: Tranche 1a Exposure Draft Legislation, pg. 1.

[5] For example, the definition of ‘digital token’. 

[6] See our article here for context regarding the Government’s gradual endorsement of this type of digital asset. 

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