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ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2023/778

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

 

Date 3 November 2023

 

 

 

Peter Dunlop   

 

Contents

Part 1—Preliminary

1 Name of legislative instrument

2 Commencement and date of effect

3 Authority

4 Definitions

Part 2—Determination

5 Applicable financial year

6 Sub-sector population

7 Sub-sector metricsbasic levy component and graduated levy component

Part 1—Preliminary

1 Name of legislative instrument

This is the ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2023/778.

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 2022-23 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

127

2

Australian derivative trade repository operators

1

2A

Benchmark administrators

2

2B

Claims handling and settling services providers

329

3

Corporate advisors

326

4

Credit intermediaries

4,214

5

Credit providers

1,019

6

Credit rating agencies

7

7

Custodians

1,365

8

Deposit product providers

190

8A

Established specialised market operators

17

9

Exempt CS facility operators

4

10

Exempt market operators

4

11

Insurance product distributors

3,540

12

Insurance product providers

108

13

Large futures exchange operators

1

14

Large futures exchange participants

34

15

Large proprietary companies

10,184

16

Large securities exchange operators

2

17

Large securities exchange participants

65

18

Licensees that provide only general advice to retail or wholesale clients 

1,097

19

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

2,766

20

Licensees that provide personal advice to only wholesale clients

1,931

21

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

576

22

Listed corporations

2,155

23

Managed discretionary account providers

244

24

Margin lenders

24

24A

New specialised market operators

1

25

Operators of investor directed portfolio services

75

25A

Operators of notified foreign passport funds and regulated former notified funds

0

26

Overseas market operators

29

27

Over-the-counter traders

64

28

Payment product providers

655

29

Public companies (unlisted)

14,943

30

Registered company auditors

3,337

31

Registered liquidators

675

32

Responsible entities

426

33

Retail over-the-counter derivatives issuers

85

34

Risk management product providers

81

35

Securities dealers

1,173

36

Small and medium amount credit providers

195

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

87

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

44

48

Wholesale trustees

1,909

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

671,422,732

 

2

Australian derivative trade repository operators

365

 

2A

Benchmark administrators

730

 

2B

Claims handling and settling services providers

 

6,596,359

3

Corporate advisors

 

3,183,267,721

4

Credit intermediaries

 

40,728

5

Credit providers

 

714,409,148,579

6

Credit rating agencies

 

1,095

7

Custodians

1,365

 

8

Deposit product providers

 

2,961,345,734,368

8A

Established specialised market operators

8,395

 

9

Exempt CS facility operators

841

 

10

Exempt market operators

1,184

 

11

Insurance product distributors

3,540

 

12

Insurance product providers

 

56,112,307,830

13

Large futures exchange operators

365

 

14

Large futures exchange participants

 

347,768,709 (messages)

312,671,840 (lots)

15

Large proprietary companies

10,184

 

16

Large securities exchange operators

 

1,978,975,354,682

17

Large securities exchange participants

 

5,302,599,433 (messages)

955,764,505 (transactions)

18

Licensees that provide only general advice to retail or wholesale clients 

1,097

 

19

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

 

15,416

20

Licensees that provide personal advice to only wholesale clients

1,931

 

21

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

204,026

 

22

Listed corporations

 

1,566,994,813,778

23

Managed discretionary account providers

86,043

 

24

Margin lenders

8,692

 

24A

New specialised market operators

51

 

25

Operators of investor directed portfolio services

 

758,514,756

25A

Operators of notified foreign passport funds and regulated former notified funds

 

 

26

Overseas market operators

10,239

 

27

Over-the-counter traders

 

1,942

28

Payment product providers

 

4,474,355,025

29

Public companies (unlisted)

14,943

 

30

Registered company auditors

3,337

 

31

Registered liquidators

 

48,328

32

Responsible entities

 

1,472,788,193,319

33

Retail over-the-counter derivatives issuers

29,131

 

34

Risk management product providers

27,137

 

35

Securities dealers

 

162,422,484,644

36

Small and medium amount credit providers

1,473,734,072

 

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

 

2,205,973,506,916

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

44

 

48

Wholesale trustees

 

867,003,115,407