Australian Securities and Investments Commission (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2023/778 (Cth)

ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2023/778

I, Peter Dunlop, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date    3 November 2023

Peter Dunlop  

Contents

Part 1—Preliminary

1    Name of legislative instrument

2    Commencement and date of effect

3    Authority

4    Definitions

Part 2—Determination

5    Applicable financial year

6    Sub-sector population

7    Sub-sector metrics—basic levy component and graduated levy component

Part 1—Preliminary

1        Name of legislative instrument

This is the ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2023/778.

2        Commencement and date of effect

(1)     This instrument commences on the day after it is registered on the Federal Register of Legislation.

Note:   The register may be accessed at This instrument takes effect as follows:

(a) if subsection 11(3) of ASIC Supervisory Cost Recovery Levy Act 2017 applies—the instrument takes effect on the day specified in paragraph 11(3)(a) of that Act;

(b) if subsection 11(4) of ASIC Supervisory Cost Recovery Levy Act 2017 applies—the remaining provisions of the instrument take effect on the day specified in paragraph 11(4)(a) of that Act.

Note 1: Section 11 of the ASIC Supervisory Cost Recovery Levy Act 2017 contains special provisions dealing with the disallowance and taking effect of instruments of this kind.

Note 2: Subsection 9(9) of the ASIC Supervisory Cost Recovery Levy Act 2017 has the effect that the instrument can have retrospective application before the day it is registered on the Federal Register of Legislation. The register may be accessed at Authority

This instrument is made under section 73 of the ASIC Supervisory Cost Recovery Levy Regulations 2017.

4        Definitions

In this instrument:

(a)     Regulations means the ASIC Supervisory Cost Recovery Levy Regulations 2017; and

(b)     unless the contrary intention appears, an expression that:

(i)    is used, but not defined, in this instrument; and

(ii)   is defined in the Regulations;

has the same meaning in this instrument as in the Regulations.

Part 2—Determination

5        Applicable financial year

This determination applies to the 2022-23 financial year.

6        Sub-sector population

For the purposes of the definition of sub-sector population in subsection 4(1) of the Regulations, the sub-sector population for the sub-sector specified in column 2 of the table for the financial year is specified in column 3 of the table.
 

Column 1	Column 2	Column 3
Item	Sub-sectors	Sub-sector population
1	Auditors of disclosing entities	127
2	Australian derivative trade repository operators	1
2A	Benchmark administrators	2
2B	Claims handling and settling services providers	329
3	Corporate advisors	326
4	Credit intermediaries	4,214
5	Credit providers	1,019
6	Credit rating agencies	7
7	Custodians	1,365
8	Deposit product providers	190
8A	Established specialised market operators	17
9	Exempt CS facility operators	4
10	Exempt market operators	4
11	Insurance product distributors	3,540
12	Insurance product providers	108
13	Large futures exchange operators	1
14	Large futures exchange participants	34
15	Large proprietary companies	10,184
16	Large securities exchange operators	2
17	Large securities exchange participants	65
18	Licensees that provide only general advice to retail or wholesale clients	1,097
19	Licensees that provide personal advice on relevant financial products to retail clients	2,766
20	Licensees that provide personal advice to only wholesale clients	1,931
21	Licensees that provide personal advice to retail clients on only products that are not relevant financial products	576
22	Listed corporations	2,155
23	Managed discretionary account providers	244
24	Margin lenders	24
24A	New specialised market operators	1
25	Operators of investor directed portfolio services	75
25A	Operators of notified foreign passport funds and regulated former notified funds	0
26	Overseas market operators	29
27	Over-the-counter traders	64
28	Payment product providers	655
29	Public companies (unlisted)	14,943
30	Registered company auditors	3,337
31	Registered liquidators	675
32	Responsible entities	426
33	Retail over-the-counter derivatives issuers	85
34	Risk management product providers	81
35	Securities dealers	1,173
36	Small and medium amount credit providers	195
38	Small futures exchange operators	1
39	Small securities exchange operators	2
40	Small securities exchange operators with self-listing function only	1
41	Superannuation trustees	87
42	Tier 1 clearing and settlement facility operators	4
43	Tier 2 clearing and settlement facility operators	1
44	Tier 3 clearing and settlement facility operators	1
45	Tier 4 clearing and settlement facility operators	1
46	Traditional trustee company service providers	11
47	Wholesale electricity dealers	44
48	Wholesale trustees	1,909

7        Sub-sector metrics—basic levy component and graduated levy component

For the purposes of the definitions of:

(a)     basic levy component in subsection 9(1) of the Regulations; and

(b)     graduated levy component in subsection 10(1) of the Regulations;

the applicable sub-sector metric for the sub-sector specified in column 2 of the table for the financial year is specified in column 3 of the table.

Column 1	Column 2	Column 3
Item	Sub-sectors	Sub-sector metric
Basic levy component (as applicable)	Graduated levy component (as applicable)
1	Auditors of disclosing entities	671,422,732
2	Australian derivative trade repository operators	365
2A	Benchmark administrators	730
2B	Claims handling and settling services providers	6,596,359
3	Corporate advisors	3,183,267,721
4	Credit intermediaries	40,728
5	Credit providers	714,409,148,579
6	Credit rating agencies	1,095
7	Custodians	1,365
8	Deposit product providers	2,961,345,734,368
8A	Established specialised market operators	8,395
9	Exempt CS facility operators	841
10	Exempt market operators	1,184
11	Insurance product distributors	3,540
12	Insurance product providers	56,112,307,830
13	Large futures exchange operators	365
14	Large futures exchange participants	347,768,709 (messages) 312,671,840 (lots)
15	Large proprietary companies	10,184
16	Large securities exchange operators	1,978,975,354,682
17	Large securities exchange participants	5,302,599,433 (messages) 955,764,505 (transactions)
18	Licensees that provide only general advice to retail or wholesale clients	1,097
19	Licensees that provide personal advice on relevant financial products to retail clients	15,416
20	Licensees that provide personal advice to only wholesale clients	1,931
21	Licensees that provide personal advice to retail clients on only products that are not relevant financial products	204,026
22	Listed corporations	1,566,994,813,778
23	Managed discretionary account providers	86,043
24	Margin lenders	8,692
24A	New specialised market operators	51
25	Operators of investor directed portfolio services	758,514,756
25A	Operators of notified foreign passport funds and regulated former notified funds
26	Overseas market operators	10,239
27	Over-the-counter traders	1,942
28	Payment product providers	4,474,355,025
29	Public companies (unlisted)	14,943
30	Registered company auditors	3,337
31	Registered liquidators	48,328
32	Responsible entities	1,472,788,193,319
33	Retail over-the-counter derivatives issuers	29,131
34	Risk management product providers	27,137
35	Securities dealers	162,422,484,644
36	Small and medium amount credit providers	1,473,734,072
38	Small futures exchange operators	365
39	Small securities exchange operators	730
40	Small securities exchange operators with self-listing function only	365
41	Superannuation trustees	2,205,973,506,916
42	Tier 1 clearing and settlement facility operators	1,460
43	Tier 2 clearing and settlement facility operators	365
44	Tier 3 clearing and settlement facility operators	365
45	Tier 4 clearing and settlement facility operators	365
46	Traditional trustee company service providers	4,015
47	Wholesale electricity dealers	44
48	Wholesale trustees	867,003,115,407