Don't assume spot markets are about to crash every time you hear “regulation”—this time, the first thing in the crosshairs is the high-leverage end of the market.

According to Wu Blockchain, the Australian Securities and Investments Commission (ASIC) released a consultation paper on October 12 proposing to broaden the definition of contracts for difference (CFDs). The proposal would bring products settled through the transfer of digital assets and sharing the same economic characteristics as CFDs under the existing regulatory framework. Feedback is due by November 9. The announcement states that some crypto futures and options with fixed expiration dates would remain outside the framework. ASIC also proposed extending its current CFD product intervention order for another 10 years. According to ASIC, about 68% of retail CFD clients made a net loss in the 2023–24 financial year, with combined net losses exceeding A$458 million.

One thing to note: high-leverage contracts commonly used by Australian retail investors, including CFDs denominated or settled in crypto assets, would be brought out of the regulatory gray area and under formal licensing and suitability requirements. Platforms will need to reassess their product structures, leverage limits, and client access, and some offshore platforms may exit the Australian retail market altogether. Another thing to note: the impact on spot holders of $BTC and $ETH would be limited. What would be reduced is high-leverage trading volume and the associated source of funding rates. If liquidity tightens during Australian trading hours, short-term volatility could actually increase. Locally licensed brokers and compliant exchanges would be positioned to take on this demand.

What concerns you more: the contraction of high-leverage trading, or greater market concentration as compliant platforms take up the slack?

Image 1: ASIC proposes broadening the CFD definition to bring crypto derivatives under regulation · Cropped screenshot from the source page
Image source: https://www.wublock123.com/news/asic-proposes-expand-cfd-definition-crypto-derivatives-consultation-69918