Australian Securities and Investments Commission (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2019/1161 (Cth)

ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2019/1161

I, Emily Hodgson, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date    20 November 2019

Emily Hodgson

Contents

Part 1—Preliminary

1    Name of legislative instrument

2    Commencement

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 2019/1161.

2        Commencement

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;

(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 2018–19 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	112
2	Australian derivative trade repository operators	2
2A	Benchmark administrators	0
3	Corporate advisors	328
4	Credit intermediaries	5,036
5	Credit providers	1,149
6	Credit rating agencies	6
7	Custodians	1,093
8	Deposit product providers	223
8AA	Entities subject to close and continuous monitoring	5
8A	Established specialised market operators	5
9	Exempt CS facility operators	1
10	Exempt market operators	25
11	Insurance product distributors	3,173
12	Insurance product providers	96
13	Large futures exchange operators	1
14	Large futures exchange participants	40
15	Large proprietary companies	10,782
16	Large securities exchange operators	2
17	Large securities exchange participants	66
18	Licensees that provide only general advice to retail clients or wholesale clients	1,020
19	Licensees that provide personal advice on relevant financial products to retail clients	3,051
20	Licensees that provide personal advice to only wholesale clients	1,579
21	Licensees that provide personal advice to retail clients on only products that are not relevant financial products	645
22	Listed corporations	2,177
23	Managed discretionary account providers	251
24	Margin lenders	24
24A	New specialised market operators	1
25	Operators of investor directed portfolio services	93
25A	Operators of notified foreign passport funds and regulated former notified funds	0
26	Overseas market operators	15
27	Over-the-counter traders	65
28	Payment product providers	664
29	Public companies (unlisted)	14,868
30	Registered company auditors	4,089
31	Registered liquidators	675
32	Responsible entities	464
33	Retail over-the-counter derivatives issuers	105
34	Risk management product providers	61
35	Securities dealers	953
36	Small and medium amount credit providers	237
38	Small futures exchange operators	0
39	Small securities exchange operators	2
40	Small securities exchange operators with self-listing function only	1
41	Superannuation trustees	127
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	13
47	Wholesale electricity dealers	21
48	Wholesale trustees	1,685

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	561,054,751
2	Australian derivative trade repository operators	730
2A	Benchmark administrators	0
3	Corporate advisors	2,742,084,177
4	Credit intermediaries	36,484
5	Credit providers	508,999,623,403
6	Credit rating agencies	1,095
7	Custodians	1,093
8	Deposit product providers	2,387,956,164,966
8AA	Entities subject to close and continuous monitoring	5
8A	Established specialised market operators	3,773
9	Exempt CS facility operators	365
10	Exempt market operators	8,552
11	Insurance product distributors	3,173
12	Insurance product providers	44,864,222,897
13	Large futures exchange operators	365
14	Large futures exchange participants	239,196,322 (messages) 382,044,948 (lots)
15	Large proprietary companies	10,782
16	Large securities exchange operators	1,714,279,055,129
17	Large securities exchange participants	4,177,206,059 (messages) 960,191,603 (transactions)
18	Licensees that provide only general advice to retail clients or wholesale clients	1,020
19	Licensees that provide personal advice on relevant financial products to retail clients	24,919
20	Licensees that provide personal advice to only wholesale clients	1,579
21	Licensees that provide personal advice to retail clients on only products that are not relevant financial products	227,499
22	Listed corporations	1,430,964,395,712
23	Managed discretionary account providers	82,614
24	Margin lenders	8,128
24A	New specialised market operators	365
25	Operators of investor directed portfolio services	692,608,032
25A	Operators of notified foreign passport funds and regulated former notified funds	0
26	Overseas market operators	4,293
27	Over-the-counter traders	2,509
28	Payment product providers	3,600,559,353
29	Public companies (unlisted)	14,868
30	Registered company auditors	4,089
31	Registered liquidators	58,002
32	Responsible entities	1,339,000,721,341
33	Retail over-the-counter derivatives issuers	36,221
34	Risk management product providers	21,498
35	Securities dealers	103,581,872,065
36	Small and medium amount credit providers	1,635,986,174
38	Small futures exchange operators	0
39	Small securities exchange operators	730
40	Small securities exchange operators with self-listing function only	365
41	Superannuation trustees	1,692,632,721,648
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	4,616
47	Wholesale electricity dealers	21
48	Wholesale trustees	604,247,405,032