Australian Securities and Investments Commission (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2020/1073 (Cth)

ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2020/1073

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

Date    24 November 2020

Emily Hodgson

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 2020/1073.

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;

(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 2019–20 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	122
2	Australian derivative trade repository operators	2
2A	Benchmark administrators	1
3	Corporate advisors	348
4	Credit intermediaries	4,653
5	Credit providers	1,096
6	Credit rating agencies	6
7	Custodians	1,126
8	Deposit product providers	211
8AA	Entities subject to close and continuous monitoring	5
8A	Established specialised market operators	6
9	Exempt CS facility operators	1
10	Exempt market operators	19
11	Insurance product distributors	3,242
12	Insurance product providers	91
13	Large futures exchange operators	1
14	Large futures exchange participants	39
15	Large proprietary companies	9,468
16	Large securities exchange operators	2
17	Large securities exchange participants	68
18	Licensees that provide only general advice to retail clients or wholesale clients	1,004
19	Licensees that provide personal advice on relevant financial products to retail clients	2,991
20	Licensees that provide personal advice to only wholesale clients	1,624
21	Licensees that provide personal advice to retail clients on only products that are not relevant financial products	625
22	Listed corporations	2,112
23	Managed discretionary account providers	254
24	Margin lenders	25
24A	New specialised market operators	2
25	Operators of investor directed portfolio services	86
25A	Operators of notified foreign passport funds and regulated former notified funds	0
26	Overseas market operators	23
27	Over-the-counter traders	77
28	Payment product providers	657
29	Public companies (unlisted)	14,945
30	Registered company auditors	3,817
31	Registered liquidators	667
32	Responsible entities	449
33	Retail over-the-counter derivatives issuers	99
34	Risk management product providers	64
35	Securities dealers	1,030
36	Small and medium amount credit providers	226
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	114
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	12
47	Wholesale electricity dealers	33
48	Wholesale trustees	1,693

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	558,036,020
2	Australian derivative trade repository operators	732
2A	Benchmark administrators	366
3	Corporate advisors	2,908,342,993
4	Credit intermediaries	36,248
5	Credit providers	496,901,516,808
6	Credit rating agencies	1,098
7	Custodians	1,126
8	Deposit product providers	2,379,420,650,095
8AA	Entities subject to close and continuous monitoring	5
8A	Established specialised market operators	6,394
9	Exempt CS facility operators	366
10	Exempt market operators	3,472
11	Insurance product distributors	3,242
12	Insurance product providers	43,395,198,821
13	Large futures exchange operators	366
14	Large futures exchange participants	268,868,225 (messages)  371,634,755 (lots)
15	Large proprietary companies	9,468
16	Large securities exchange operators	2,155,287,250,967
17	Large securities exchange participants	5,281,139,761 (messages) 1,198,500,993(transactions)
18	Licensees that provide only general advice to retail clients or wholesale clients	1,004
19	Licensees that provide personal advice on relevant financial products to retail clients	21,308
20	Licensees that provide personal advice to only wholesale clients	1,624
21	Licensees that provide personal advice to retail clients on only products that are not relevant financial products	224,209
22	Listed corporations	1,340,731,736,045
23	Managed discretionary account providers	89,139
24	Margin lenders	9,019
24A	New specialised market operators	263
25	Operators of investor directed portfolio services	727,063,500
25A	Operators of notified foreign passport funds and regulated former notified funds	0
26	Overseas market operators	7,559
27	Over-the-counter traders	2,389
28	Payment product providers	3,390,268,877
29	Public companies (unlisted)	14,945
30	Registered company auditors	3,817
31	Registered liquidators	56,482
32	Responsible entities	1,281,978,863,491
33	Retail over-the-counter derivatives issuers	35,163
34	Risk management product providers	22,689
35	Securities dealers	132,872,561,242
36	Small and medium amount credit providers	1,336,504,714
38	Small futures exchange operators	0
39	Small securities exchange operators	732
40	Small securities exchange operators with self-listing function only	366
41	Superannuation trustees	1,691,280,918,277
42	Tier 1 clearing and settlement facility operators	1,464
43	Tier 2 clearing and settlement facility operators	366
44	Tier 3 clearing and settlement facility operators	366
45	Tier 4 clearing and settlement facility operators	366
46	Traditional trustee company service providers	4,142
47	Wholesale electricity dealers	33
48	Wholesale trustees	606,098,780,855