Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument specifies certain matters about the size and composition of the Australian Securities and Investments Commission’s regulated population and of the metrics that apply to each industry sub-sector within that regulated population for the 2020-21 financial year.
Administered by: Treasury
Registered 16 Nov 2021
Tabling HistoryDate
Tabled HR22-Nov-2021
Tabled Senate22-Nov-2021
Table of contents.

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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

 



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 www.legislation.gov.au.

(2)     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; 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 metricsbasic 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