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

Authoritative Version
Other as made
This instrument specifies certain metrics for the 2018–19 financial year, which will be used in the formulae specified in the ASIC Supervisory Cost Recovery Regulations 2017 to work out the basic levy component and the graduated levy component, and a leviable entity’s levy component.
Administered by: Treasury
Registered 21 Nov 2019
Tabling HistoryDate
Tabled HR25-Nov-2019
Tabled Senate25-Nov-2019
Table of contents.
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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  3

1    Name of legislative instrument 3

2    Commencement 3

3    Authority. 3

4    Definitions. 3

Part 2—Determination  4

5    Applicable financial year 4

6    Sub-sector population. 4

7    Sub-sector metrics—basic levy component and graduated levy component 5

 

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 www.legislation.gov.au.

3        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