Australian Securities and Investments Commission (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2021/0936 (Cth)

ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2021/0936

I, Richard Goldman, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

Date    15 November 2021

Richard Goldman

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 2021/0936.

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 2020-21 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	123
2	Australian derivative trade repository operators	1
2A	Benchmark administrators	2
3	Corporate advisors	344
4	Credit intermediaries	4,413
5	Credit providers	1,064
6	Credit rating agencies	6
7	Custodians	1,188
8	Deposit product providers	199
8A	Established specialised market operators	20
9	Exempt CS facility operators	1
10	Exempt market operators	5
11	Insurance product distributors	3,345
12	Insurance product providers	94
13	Large futures exchange operators	1
14	Large futures exchange participants	37
15	Large proprietary companies	9,480
16	Large securities exchange operators	2
17	Large securities exchange participants	66
18	Licensees that provide only general advice to retail or wholesale clients	1,031
19	Licensees that provide personal advice on relevant financial products to retail clients	2,933
20	Licensees that provide personal advice to only wholesale clients	1,707
21	Licensees that provide personal advice to retail clients on only products that are not relevant financial products	612
22	Listed corporations	2,125
23	Managed discretionary account providers	250
24	Margin lenders	23
24A	New specialised market operators	1
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	26
27	Over-the-counter traders	77
28	Payment product providers	665
29	Public companies (unlisted)	15,006
30	Registered company auditors	3,657
31	Registered liquidators	664
32	Responsible entities	437
33	Retail over-the-counter derivatives issuers	98
34	Risk management product providers	69
35	Securities dealers	1,109
36	Small and medium amount credit providers	227
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	107
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	40
48	Wholesale trustees	1,742

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	576,192,544
2	Australian derivative trade repository operators	365
2A	Benchmark administrators	676
3	Corporate advisors	3,233,983,688
4	Credit intermediaries	37,703
5	Credit providers	623,068,948,040
6	Credit rating agencies	1,095
7	Custodians	1,188
8	Deposit product providers	2,548,583,726,882
8A	Established specialised market operators	7,300
9	Exempt CS facility operators	365
10	Exempt market operators	1,261
11	Insurance product distributors	3,345
12	Insurance product providers	45,595,553,852
13	Large futures exchange operators	365
14	Large futures exchange participants	234,329,737 (messages) 317,754,570 (lots)
15	Large proprietary companies	9,480
16	Large securities exchange operators	2,021,533,155,481
17	Large securities exchange participants	4,834,061,562 (messages) 1,004,880,152 (transactions)
18	Licensees that provide only general advice to retail or wholesale clients	1,031
19	Licensees that provide personal advice on relevant financial products to retail clients	18,704
20	Licensees that provide personal advice to only wholesale clients	1,707
21	Licensees that provide personal advice to retail clients on only products that are not relevant financial products	218,170
22	Listed corporations	1,629,279,991,760
23	Managed discretionary account providers	86,863
24	Margin lenders	8,395
24A	New specialised market operators	365
25	Operators of investor directed portfolio services	611,308,368
25A	Operators of notified foreign passport funds and regulated former notified funds	0
26	Overseas market operators	9,150
27	Over-the-counter traders	2,264
28	Payment product providers	4,365,727,343
29	Public companies (unlisted)	15,006
30	Registered company auditors	3,657
31	Registered liquidators	46,123
32	Responsible entities	1,511,123,077,175
33	Retail over-the-counter derivatives issuers	33,983
34	Risk management product providers	22,666
35	Securities dealers	173,915,008,233
36	Small and medium amount credit providers	1,307,454,272
38	Small futures exchange operators	97
39	Small securities exchange operators	730
40	Small securities exchange operators with self-listing function only	365
41	Superannuation trustees	2,028,928,734,004
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	40
48	Wholesale trustees	725,380,530,657