Australian Securities
and Investments Commission
Office address (inc courier deliveries):
Level 5, 100 Market Street,
Sydney NS
W 2000
Mail addres s for Sydney office:
GPO Box 98 27,
Melbourne VIC 3001
Tel: +61 1300 935 075
25 February 2025
Fax: +61 1300 729 000
www.asic.gov.au
Lloyd Butler
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Freedom of Information Request No. FOI 049- 2025
Acknowledgement of request
Dear Lloyd Butler
I refer to your request dated 22 February 2025 under the
Freedom of Information Act 1982
(FOI Act) in which you seek access to documents in the possession of the Australian Securities
and Investments Commission (ASIC).
Your request states the following:
“I am submitting a Freedom of Information (FOI) request under the Freedom of Information
Act 1982 to obtain documents, correspondence, and internal records from 1 January 2021 to
present related to ASIC’s investigation, enforcement actions, and regulatory decisions
concerning Bit Trade Pty Ltd (ACN 163 237 634), the operator of Kraken in Australia.
Scope of Request
1. ASIC’s Oversight of Bit Trade’s AFSL and External Dispute Resolution (EDR) Compliance
- Internal communications and assessments regarding Bit Trade’s non-membership in AFCA
and whether this was considered a breach of s912A(1)(g) of the Corporations Act 2001 (Cth).
- Any exemptions, waivers, or regulatory determinations granted to Bit Trade regarding
AFCA membership or alternative dispute resolution mechanisms.
2. Regulatory Decisions and Compliance Exemptions Beyond Publicly Announced Actions
- ASIC, ACCC, ASOC (Attorney-General’s Department), and Treasury correspondence
discussing compliance waivers, exemptions, or regulatory relief granted to Bit Trade
regarding AFSL obligations and consumer protection laws.
- Documents assessing whether Bit Trade’s terms of service and dispute resolution
mechanisms contravene Australian Consumer Law (ACL) or the Competition and Consumer
Act 2010 (Cth).
- Any formal or informal engagements between ASIC, ACCC, ASOC, and Treasury
regarding Kraken/Bit Trade’s regulatory treatment, compliance approach, or enforcement
priorities. We acknowledge receipt of your request and will process it in accordance with the
FOI Act. We will notify you of our decision regarding access to the documents within the
statutory time frame.”

As your request was received on
22 February 2025 and the 30-day statutory period for
processing the request commenced on the day after the date of receipt, you should
therefore expect a decision to be made by
24 March 2025.
The 30-day processing period may be extended should ASIC find it is necessary to consult
third parties, where a charge is to be imposed on the processing of the request or for other
reasons. You will be advised if there are changes to the 30-day processing period.
Please note that any documents released to you under the FOI Act may later be
published online on the ASIC disclosure log in accordance with our obligation to do so under
the Act. This requirement to publish released documents is subject to certain exceptions for
example, personal or business information will not be published where it would be
unreasonable.
Should you have any questions about your Freedom of Information request, you may
contact me by email at xxxxxxx.xxxxxxxxxxxx@xxxx.xxx.xx.
Yours sincerely
Shoumia Nithiananthan
Privacy and Freedom of Information Lawyer
Australian Securities and Investments Commission (ASIC)