ASIC (Fees—Complexity Criteria) Instrument 2018/578
made under subsection 5A(4) of the Corporations (Fees) Act 2001
Compilation No. 3
Compilation date: 07/07/2026
Includes amendments: F2026L00920
About this compilation
This compilation
This is a compilation of the ASIC Corporations (Fees – Complexity Criteria) Instrument 2018/578 that shows the text of the law as amended and in force on 07/07/2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Name of legislative instrument
3 Authority
4 Definitions
Part 2—Determination
5 Application for an Australian financial services licence
6 Application for an Australian market licence
7 Application for an Australian CS facility licence
8 Lodging notice of changes to the operating rules of a licensed market
9 Lodging notice of changes to the operating rules of a licensed CS facility
10 Application to impose, vary or revoke conditions on an Australian market licence
11 Application to impose, vary or revoke conditions on an Australian CS facility licence
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Part 1—Preliminary
1 Name of legislative instrument
This is the ASIC (Fees—Complexity Criteria) Instrument 2018/578.
3 Authority
This instrument is made under subsection 5A(4) of the Corporations (Fees) Act 2001.
4 Definitions
In this instrument:
(a) Act means the Corporations Act 2001;
(b) unless the contrary intention appears, an expression that:
(i) is used, but not defined, in this instrument; and
(ii) is defined in section 761A of the Act;
has the same meaning in this instrument as in section 761A of the Act.
Part 2—Determination
5 Application for an Australian financial services licence
High complexity
(1) The lodgment of an application, under section 913A of the Act, for an Australian financial services licence, is of high complexity if the authorisations sought relate to any of the following financial products:
(a) a facility through which, or through the acquisition of which, a person makes a financial investment (within the meaning of section 763B of the Act) and which is not otherwise a specified financial product mentioned in subsection 764A(1) of the Act;
(b) a facility through which, or through the acquisition of which, a person manages financial risk (within the meaning of section 763C of the Act) and which is not otherwise a specified financial product mentioned in subsection 764A(1) of the Act;
(c) a margin lending facility that is a non-standard margin lending facility.
(2) The lodgment of an application, under section 913A of the Act, for an Australian financial services licence, is of high complexity if the authorisations sought relate to any of the following financial services:
(a) make a market for a financial product;
(b) operate a registered scheme;
(c) the provision by a trustee company of a traditional trustee company service;
(d) dealing in relation to a derivative;
(e) in relation to securities or managed investment interests—underwriting the securities or interests;
(f) issuing any of the following financial products:
(i) a foreign exchange contract;
(ii) a margin lending facility that is a standard margin lending facility;
(iii) a facility through which, or through the acquisition of which, a person makes non-cash payments (within the meaning of section 763D of the Act);
(iv) any of the financial products mentioned in paragraph (a) of the definition of MDA provider in ASIC Corporations (Managed Discretionary Account Services) Instrument 2016/968;
(v) a financial product mentioned in paragraph 764A(1)(b) or (ba) of the Act including an interest in an IDPS (as defined in ASIC Corporations (Platforms—IDPSs and IDPS-like Schemes) Instrument 2026/395) or an IDPS-like scheme (as defined in ASIC Corporations (Platforms—IDPSs and IDPS-like Schemes) Instrument 2026/395).
Note: Paragraphs 764A(1)(b) and (ba) of the Act respectively cover an interest in a registered scheme and an interest in a managed investment scheme that is not a registered scheme.
6 Application for an Australian market licence
High complexity
(1) The lodgment of an application, under subsection 795A(1) of the Act, for an Australian market licence, is of high complexity if the assessment of the application requires:
(a) a significant level of expertise, or a significant amount of time, to assess the matters referred to in subsection 798A(2) of the Act; or
(b) the development of significant new policy in relation to Australian market licences.
Medium complexity
(2) The lodgment of an application, under subsection 795A(1) of the Act, for an Australian market licence, is of medium complexity if the assessment of the application requires:
(a) a moderate level of expertise, or a moderate amount of time, to assess the matters referred to in subsection 798A(2) of the Act; or
(b) the development of new policy in relation to Australian market licences.
Low complexity
(3) The lodgment of an application, under subsection 795A(1) of the Act, for an Australian market licence, is of low complexity if the lodgment of the application is of neither high nor medium complexity.
7 Application for an Australian CS facility licence
High complexity
(1) The lodgment of an application, under subsection 824A(1) of the Act, for an Australian CS facility licence, is of high complexity if the assessment of the application requires:
(a) a significant level of expertise, or a significant amount of time, to assess the matters referred to in subsection 827A(2) of the Act; or
(b) the development of significant new policy in relation to Australian CS facility licences.
Medium complexity
(2) The lodgment of an application, under subsection 824A(1) of the Act, for an Australian CS facility licence, is of medium complexity if the assessment of the application requires:
(a) a moderate level of expertise, or a moderate amount of time, to assess the matters referred to in subsection 827A(2) of the Act; or
(b) the development of new policy in relation to Australian CS facility licences.
Low complexity
(3) The lodgment of an application, under subsection 824A(1) of the Act, for an Australian CS facility licence, is of low complexity if the lodgment of the application is of neither high nor medium complexity.
8 Lodging notice of changes to the operating rules of a licensed market
High complexity
(1) The lodgment of written notice of changes to the operating rules with ASIC under subsection 793D(1), is of high complexity if the assessment of the changes requires:
(a) a significant level of expertise, or a significant amount of time, to assess the matters referred to in subsection 798A(2) of the Act; or
(b) the development of significant new policy in relation to the operating rules of licensed markets.
Medium complexity
(2) The lodgment of written notice of changes to the operating rules with ASIC under subsection 793D(1), is of medium complexity if the assessment of the changes requires:
(a) a moderate level of expertise, or a moderate amount of time, to assess the matters referred to in subsection 798A(2) of the Act; or
(b) the development of new policy in relation to the operating rules of licensed markets.
Low complexity
(3) The lodgment of written notice of changes to the operating rules with ASIC under subsection 793D(1), is of low complexity if:
(a) the lodgment of written notice of the changes is of neither high nor medium complexity; or
(b) the changes merely correct typographical or cross-referencing errors or are merely consequential on changes to legislation, the market integrity rules, other legislative instruments or other operating rules.
9 Lodging notice of changes to the operating rules of a licensed CS facility
High complexity
(1) The lodgment of written notice of changes to the operating rules with ASIC under subsection 822D(1), is of high complexity if the assessment of the changes requires:
(a) a significant level of expertise, or a significant amount of time, to assess the matters referred to in subsection 827A(2) of the Act; or
(b) the development of significant new policy in relation to the operating rules of licensed CS facilities.
Medium complexity
(2) The lodgment of written notice of changes to the operating rules with ASIC under subsection 822D(1), is of medium complexity if the assessment of the changes requires:
(a) a moderate level of expertise, or a moderate amount of time, to assess the matters referred to in subsection 827A(2) of the Act; or
(b) the development of new policy in relation to the operating rules of licensed CS facilities.
Low complexity
(3) The lodgment of written notice of changes to the operating rules with ASIC under subsection 822D(1), is of low complexity if:
(a) the lodgment of written notice of the changes is of neither high nor medium complexity; or
(b) the changes merely correct typographical or cross-referencing errors or are merely consequential on changes to legislation, the market integrity rules, other legislative instruments or other operating rules.
10 Application to impose, vary or revoke conditions on an Australian market licence
High complexity
(1) The lodgment of an application, under subsection 796A(2) of the Act, to impose, vary or revoke conditions on an Australian market licence, is of high complexity if the assessment of the application requires:
(a) a significant level of expertise, or a significant amount of time, to assess the matters referred to in subsection 798A(2) of the Act; or
(b) the development of significant new policy in relation to Australian market licences.
Medium complexity
(2) The lodgment of an application, under subsection 796A(2) of the Act, to impose, vary or revoke conditions on an Australian market licence, is of medium complexity if the assessment of the application requires:
(a) a moderate level of expertise, or a moderate amount of time, to assess the matters referred to in subsection 798A(2) of the Act; or
(b) the development of new policy in relation to Australian market licences.
Low complexity
(3) The lodgment of an application, under subsection 796A(2) of the Act, to impose, vary or revoke conditions on an Australian market licence, is of low complexity if the lodgment of the application is of neither high nor medium complexity.
11 Application to impose, vary or revoke conditions on an Australian CS facility licence
High complexity
(1) The lodgment of an application, under subsection 825A(2) of the Act, to impose, vary or revoke conditions on an Australian CS facility licence, is of high complexity if the assessment of the application requires:
(a) a significant level of expertise, or a significant amount of time, to assess the matters referred to in subsection 827A(2) of the Act; or
(b) the development of significant new policy in relation to Australian CS facility licences.
Medium complexity
(2) The lodgment of an application, under subsection 825A(2) of the Act, to impose, vary or revoke conditions on an Australian CS facility licence, is of medium complexity if the assessment of the application requires:
(a) a moderate level of expertise, or a moderate amount of time, to assess the matters referred to in subsection 827A(2) of the Act; or
(b) the development of new policy in relation to Australian CS facility licences.
Low complexity
(3) The lodgment of an application, under subsection 825A(2) of the Act, to impose, vary or revoke conditions, on an Australian CS facility licence, is of low complexity if the lodgment of the application is of neither high nor medium complexity.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | orig = original |
am = amended | p = page(s) |
amdt = amendment | para = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
ch = Chapter(s) | pres = present |
cl = clause(s) | prev = previous |
cont. = continued | (prev…) = previously |
def = definition(s) | pt = Part(s) |
Dict = Dictionary | r = regulation(s)/Court rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | /rule(s)/subrule(s)/order(s)/suborder(s) |
LIA = Legislative Instruments Act 2003 | sch = Schedule(s) |
(md not incorp) = misdescribed amendment | SLI = Select Legislative Instrument |
cannot be given effect | SR = Statutory Rules |
mod = modified/modification | sub ch = Sub‑Chapter(s) |
No. = Number(s) | sub div = Subdivision(s) |
Ord = Ordinance | sub pt = Subpart(s) |
| underlining = whole or part not |
| commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
ASIC (Fees—Complexity Criteria) Instrument 2018/578 | 03/07/2018 (see F2018L00995) | 04/07/2018 |
|
ASIC (Fees—Complexity Criteria) Amendment Instrument 2019/130 | 27/03/2019 (see F2019L00425) | 01/04/2019 | - |
ASIC Corporations (Amendment and Repeal) Instrument 2023/670 | 31/08/2023 (see F2023L01161) | 01/09/2023 | - |
ASIC Corporations (Amendment and Repeal) Instrument 2026/564 | 06/07/2026 (see F2026L00920) | 07/07/2026 | - |
Endnote 4—Amendment history
Provision affected | How affected |
Section 2 | rep. LA s 48D |
Section 5 | am. 2023/670; 2026/564 |
Section 10 | ad. 2019/130 |
Section 11 | ad. 2019/130 |