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Australian banks claim 40% of scams ‘touch’ crypto as it defends restrictions

During a panel at the Australian Blockchain Week, executives from Australia’s major banks explained why they added restrictions on payments to local crypto exchanges.

Australia’s cryptocurrency industry banking woes will likely continue, with the government and major banks signaling no intention to back down against scams that “touch” crypto.

During a panel at the Australian Blockchain Week on June 26, Sophie Gilder, managing director of blockchain and digital assets at Commonwealth Bank (CBA) shed light on the bank's restrictions on crypto exchange payments, noting it was put in place after seeing an alarming rate of scams that ended up involving cryptocurrency.

“One in three of the dollars that are scammed from Australians touch crypto, one in three. So it’s the single largest lever that we have to reduce this impact on our customers,” she said.

Commonwealth Bank's Sophie Gilder speaking in a panel during Australian Blockchain Week. Source: Cointelegraph

Nigel Dobson, banking services portfolio lead at ANZ, referred to data from the Australian Financial Crimes Exchange suggesting that the figure may be even higher, at 40%.

On June 8, CBA followed Westpac’s lead in imposing pauses, limits and outright blocks on certain payments to cryptocurrency exchanges, both citing an increasing threat of investment scams. Australia’s other two major banks, ANZ and NAB, have not yet indicated whether they would impose similar restrictions.

A Treasury official confirmed that the moves so far have come at the banks’ own “volition” but that both the banks and the government have a “shared view” that cryptocurrency scams are “unacceptably high” at the moment.

“From the government's point of view, [they] need to invest more in reducing scams, and that’s the government, but it's also banks, other people in the financial system have to work together to reduce scams to maintain trust in the system," said Trevor Power, the Australian Treasury assistant secretary.

Not an attack on crypto

However, Gilder clarified that CBA’s measures weren’t made to attack the industry and doesn’t necessarily reflect any wrongdoing by centralized exchanges.

“It’s not industry specific. It’s based on data, patterns of behavior and identifying bad actors. So we do this with normal bank accounts already. So in that way, there’s definitely parallels to work that we already do.”

Gilder was also bullish about blockchain technology, noting that nearly every bank has established a digital assets team — a sign that “banks recognize” the need to understand the space, she said.

Digital asset lawyer Michael Bacina of Piper Alderman — the chair of Blockchain Australia and also the moderator of the session — is hoping for closer collaboration between the banks and the industry to tackle the issue of scams together. 

“The banks have put forward concerning figures of scams touching crypto as a payment rail in some way.”

“It’s important to understand that data in more detail, but what is clear is that businesses in the blockchain and the crypto industry need to work collaboratively with banks and payment providers to ensure that scams are reduced as much as possible,” he added.

The bank’s decision has continued to meet criticism from Australian crypto exchange customers. Australian lawyer and senior research fellow at the RMIT Blockchain Innovation Hub Aaron Lane has defended the banks' actions, however.

“Banks and other financial institutions are under increasing pressure to tackle the growing problem of scams involving cryptocurrency. Imposing time delays, declining transactions, and placing deposit limits are all mechanisms for banks to retake control and limit their legal and regulatory risks.”

While these measures “may not be ideal” for Australian-based crypto exchanges and their customers, Lane said that a “risk-based approach is better than outright debanking.”

Related: Aussies revealed as prime targets of Israel crypto scam syndicate

According to the Australian Competition and Consumer Commission, Australians lost 221.3 million Australian dollars ($148.3 million) from investment scams where crypto was used as the payment method in 2022 — a massive 162.4% increase from 2021.

Power concluded that crypto remain a “significant vector” for scams in Australia, which calls on both banks and the government to clamp down on the sector.

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Australia’s token mapping to be ‘tech agnostic,’ says Treasury official

Trevor Power hopes the framework will fall closer on the “spectrum” to the EU’s MiCA than the current regulatory position in the United States.

The Australian Treasury’s token mapping of digital assets will adopt a “tech agnostic” and “principles-based” approach in order to define crypto assets, according to a Treasury official.

Trevor Power, an Australian Treasury assistant secretary, told Cointelegraph on June 26 at Australian Blockchain Week that the framework will be structured to easily classify tokens based on their function and purpose.

“The token mapping paper spends a lot of time talking about the token, the system, the value delivered for the very purpose of trying to structure whatever regulation such that it draws on those principles so then a token can be placed within that,” Power said, adding:

“It's trying to be tech agnostic. It's not trying to be token specific.”

Power said “it’s fair to assume” that crypto-specific legislation will appear sometime in 2024 — but that it ultimately depends on how it is received by Australia’s lawmakers.

Crypto assets that change their function and utility over time will likely be subject to review, according to Power.

“If they become very significant [...] Then they will graduate through the regulatory system.”

He stressed the token mapping regulation would need to be “robust” in order to operate in a “tech-neutral” and “principles-based manner” to account for such changes.

The Australian Treasury’s Trevor Power speaking at Australian Blockchain Week 2023. Source: Cointelegraph.

The Treasury considers token mapping to be essential to understand how the crypto ecosystem interacts with Australia's existing financial regulatory frameworks.

Power said the token mapping exercise hasn’t been influenced by the recent parade of regulatory enforcement action by the United States Securities Exchange Commission (SEC).

Instead, Power hopes a crypto framework will fall closer on the “spectrum” to the European Union’s Markets in Crypto Assets (MiCA) regulation.

Related: Rushing ‘token mapping’ could hurt Aussie crypto space — Finder founder

Power also welcomed U.S. and foreign digital asset firms to consider the Australian market — provided they abide by the token mapping framework, which intends to strike a balance between innovation and consumer protection:

“There are two arms to every component of regulation. One is to make sure that that framework is there, and the second one is to make sure there's room for industry to grow and be innovative.”

The Treasury conducted a consultation process between Feb. 3 and March 3, which came roughly six months after the token mapping framework was introduced on Aug 22.

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Australia bolsters crypto watchdogs in ‘multi-stage’ plan to fight scams

The new measures from the Australian government come as cryptocurrency scams skyrocketed 162% to $221 million in 2022.

The Australian government is bolstering its market regulator’s digital asset team as part of a “multi-stage approach” aimed at clamping down on crypto and ensuring proper risk disclosures from crypto firms.

A Feb. 2 joint statement by Australian Treasurer Jim Chalmers and Assistant Treasurer Stephen Jones explained that the new measures are aimed at protecting consumers dealing with cryptocurrency.

The treasurers said the multi-stage approach would involve three elements, including strengthening enforcement, bolstering consumer protection, and establishing a framework for its token mapping reform.

One of the main changes will be an increase in the size of the Australian Securities & Investments Commission (ASIC)’s digital assets team and “upping enforcement measures.”

Chalmers and Jones said that ASIC would focus on ensuring that the risks to consumers from crypto products and service providers are appropriately disclosed.

Cointelegraph reached out to ASIC to find out how many additional positions will be filled but did not receive an immediate response.

Meanwhile, the government is set to give new tools to the Australian Competition and Consumer Commission (ACCC), the country’s competition watchdog, to protect consumers from crypto-related scams. It noted scam losses involving crypto payments totaled $221 million in 2022.

The new tool will come in the form of a real-time data-sharing tool that the ACCC will use to identify and prevent crypto scams.

Consumer protection will also be bolstered when a framework is finalized to regulate the licensing and custody of digital assets to “ensure consumers are protected from avoidable business failures or from the misuse of their assets by service providers.”

However, this framework will not begin until mid-2023, and will likely take considerable time before being implemented into legislation.

Related: An overview of the cryptocurrency regulations in Australia

“The previous government dabbled in crypto policy but never took the time to future‑proof our regulatory frameworks to protect consumers and guide this new and emerging class of assets," the treasurers said, adding:

We are acting swiftly and methodically to ensure that consumers are adequately protected and true innovation can flourish.”

The Australian Treasury released its token mapping consultation paper on Feb. 2, which attempts to determine which elements of the cryptocurrency ecosystem will be regulated and to what extent.

The multi-stage approach plan was fast-tracked after the catastrophic collapse of FTX in November, which impacted over 30,000 Aussies and 132 Australian-based companies.

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Australian ‘token mapping’ consultation paper to release in early 2023: Treasurer

The consultation paper will give an insight into how certain crypto assets should be regulated alongside frameworks for company licensing, asset custody and consumer protections under token mapping.

Australian Treasurer Jim Chalmers has revealed that the government will release a consultation paper in early 2023 as part of its token mapping initiative.

The crypto sector has received greater attention from Australian regulatory and enforcement agencies since the FTX implosion, with the government emphasizing the importance of providing greater consumer protection laws as soon as possible.

In a Dec. 14 statement, Treasurer Chalmers noted that the Anthony Albanese-led government is “taking action to improve the regulation of crypto service providers and ensure additional safeguards for Australians.”

As part of that process, Chalmers revealed the consultation paper will cover how certain crypto assets should be regulated alongside frameworks for company licensing, asset custody and consumer protections under its previously announced token mapping exercise.

“The next steps in the Government’s ongoing ‘token mapping’ work will include the release of a consultation paper in early 2023 to inform what digital assets should be regulated by financial services laws, and the development of appropriate custody and licensing settings to safeguard consumers.”

“Following the release of token mapping, the Government will consult on a custody and licensing framework next year before introducing legislation,” he added.

The latest comments from Chalmers adds to a promise from the Treasury in mid-November that it will develop and enact a robust regulatory framework for crypto in 2023.

The focus on crypto is also part of a push to “modernize Australia’s financial system” with the government set reform regulations on financial market infrastructure — particularly in relation to the Australian Securities Exchange's (ASX's) clearing system, payments systems and the Buy Now Pay Later sector.

Related: A loophole allowed FTX to secure its Aussie license without full checks: ASIC’s Longo

Australia’s government has been largely pro-crypto but has reiterated the importance of allowing for innovation while keeping the public safe.

On Dec. 8, the Reserve Bank of Australia (RBA) published a stablecoin-focused report which suggested the regulators are “undertaking significant work” to figure out how to safely integrate them into the ecosystem.

“Stablecoins have the potential to enhance the efficiency and functionality of a range of payment and other financial services,” the report read.

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