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This instrument amends ASIC (Fees - Complexity Criteria) Instrument 2018/578 to determine a 'fees for service' determination criteria for whether certain applications are of low, medium or high complexity.
Administered by: Treasury
Registered 27 Mar 2019
Tabling HistoryDate
Tabled HR02-Apr-2019
Tabled Senate02-Apr-2019
Date of repeal 12 Sep 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

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ASIC (Fees—Complexity Criteria) Amendment Instrument 2019/130

I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

 

Date    26 March 2019

 

 

Grant Moodie

 



Part 1—Preliminary

1        Name of legislative instrument

This is the ASIC (Fees—Complexity Criteria) Amendment Instrument 2019/130.

2        Commencement

This instrument commences on the later of:

(a)     1 April 2019; and

(b)     the day after it is registered on the Federal Register of Legislation.

Note:    The register may be accessed at www.legislation.gov.au.

3        Authority

This instrument is made under subsection 5A(4) of the Corporations (Fees) Act 2001.

4        Schedules

Each instrument that is specified in a Schedule to this instrument is amended as set out in the applicable items in the Schedule.


Schedule 1—Amendments

ASIC (Fees—Complexity Criteria) Instrument 2018/578

1        Part 2

At the end, add:

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.