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ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2022/890

Authoritative Version
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 2021-22 financial year.
Administered by: Treasury
Registered 10 Nov 2022
Tabling HistoryDate
Tabled HR21-Nov-2022
Tabled Senate21-Nov-2022
Table of contents.
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Commonwealth Coat of Arms and ASIC logo

ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2022/890

I, Peter Dunlop, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.

 

Date    9 November 2022

 

 

 

 

 

Peter Dunlop                          

 

Contents

Part 1—Preliminary  3

1    Name of legislative instrument 3

2    Commencement and date of effect 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 2022/890.

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 2021-22 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

122

2

Australian derivative trade repository operators

1

2A

Benchmark administrators

2

2B

Claims handling and settling services providers

304

3

Corporate advisors

343

4

Credit intermediaries

4,291

5

Credit providers

1,041

6

Credit rating agencies

6

7

Custodians

1,277

8

Deposit product providers

197

8A

Established specialised market operators

23

9

Exempt CS facility operators

2

10

Exempt market operators

3

11

Insurance product distributors

3,452

12

Insurance product providers

106

13

Large futures exchange operators

1

14

Large futures exchange participants

34

15

Large proprietary companies

9,820

16

Large securities exchange operators

2

17

Large securities exchange participants

63

18

Licensees that provide only general advice to retail or wholesale clients 

1,076

19

Licensees that provide personal advice on relevant financial products to retail clients

2,886

20

Licensees that provide personal advice to only wholesale clients

1,822

21

Licensees that provide personal advice to retail clients on only products that are not relevant financial products

596

22

Listed corporations

2,189

23

Managed discretionary account providers

244

24

Margin lenders

24

24A

New specialised market operators

1

25

Operators of investor directed portfolio services

82

25A

Operators of notified foreign passport funds and regulated former notified funds

0

26

Overseas market operators

29

27

Over-the-counter traders

80

28

Payment product providers

662

29

Public companies (unlisted)

14,859

30

Registered company auditors

3,413

31

Registered liquidators

669

32

Responsible entities

435

33

Retail over-the-counter derivatives issuers

94

34

Risk management product providers

73

35

Securities dealers

1,182

36

Small and medium amount credit providers

419

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

96

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

43

48

Wholesale trustees

1,832

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

610,039,672

 

2

Australian derivative trade repository operators

365

 

2A

Benchmark administrators

730

 

2B

Claims handling and settling services providers

 

6,066,296

3

Corporate advisors

 

4,551,764,509

4

Credit intermediaries

 

38,722

5

Credit providers

 

773,879,793,771

6

Credit rating agencies

 

1,095

7

Custodians

1,277

 

8

Deposit product providers

 

2,972,678,312,388

8A

Established specialised market operators

7,855

 

9

Exempt CS facility operators

509

 

10

Exempt market operators

1,095

 

11

Insurance product distributors

3,452

 

12

Insurance product providers

 

49,584,581,187

13

Large futures exchange operators

365

 

14

Large futures exchange participants

 

311,861,292 (messages)

300,040,302 (lots)

15

Large proprietary companies

9,820

 

16

Large securities exchange operators

 

2,351,638,397,871

17

Large securities exchange participants

 

5,695,147,937 (messages)

1,143,113,162 (transactions)

18

Licensees that provide only general advice to retail or wholesale clients 

1,076

 

19

Licensees that provide personal advice on relevant financial products to retail clients

 

16,153

20

Licensees that provide personal advice to only wholesale clients

1,822

 

21

Licensees that provide personal advice to retail clients on only products that are not relevant financial products

210,564

 

22

Listed corporations

 

1,480,534,962,926

23

Managed discretionary account providers

83,898

 

24

Margin lenders

8,282

 

24A

New specialised market operators

171

 

25

Operators of investor directed portfolio services

 

671,740,471

25A

Operators of notified foreign passport funds and regulated former notified funds

 

 

26

Overseas market operators

10,306

 

27

Over-the-counter traders

 

2,034

28

Payment product providers

 

4,626,118,061

29

Public companies (unlisted)

14,859

 

30

Registered company auditors

3,413

 

31

Registered liquidators

 

41,226

32

Responsible entities

 

1,433,561,639,940

33

Retail over-the-counter derivatives issuers

32,303

 

34

Risk management product providers

24,798

 

35

Securities dealers

 

217,147,572,301

36

Small and medium amount credit providers

1,343,318,539

 

38

Small futures exchange operators

365

 

39

Small securities exchange operators

730

 

40

Small securities exchange operators with self-listing function only

365

 

41

Superannuation trustees

 

1,989,826,708,586

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

43

 

48

Wholesale trustees

 

818,932,713,553