This is the ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2018/1063.
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 2017 – 2018 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
2
3
Corporate advisors
339
4
Credit intermediaries
5,124
5
Credit providers
1,155
6
Credit rating agencies
7
7
Custodians
1,023
8
Deposit product providers
244
9
Exempt CS facility operators
1
10
Exempt market operators
32
11
Insurance product distributors
3,043
12
Insurance product providers
105
13
Large futures exchange operators
1
14
Large futures exchange participants
41
15
Large proprietary companies
11,333
16
Large securities exchange operators
2
17
Large securities exchange participants
68
18
Licensees that provide only general advice to retail clients or wholesale clients
1,014
19
Licensees that provide personal advice on relevant financial products to retail clients
2,985
20
Licensees that provide personal advice to only wholesale clients
1,511
21
Licensees that provide personal advice to retail clients on only products that are not relevant financial products
649
22
Listed corporations
2,177
23
Managed discretionary account providers
198
24
Margin lenders
22
25
Operators of investor directed portfolio services
93
26
Overseas market operators
10
27
Over-the-counter traders
68
28
Payment product providers
652
29
Public companies (unlisted)
16,014
30
Registered company auditors
4,453
31
Registered liquidators
718
32
Responsible entities
471
33
Retail over-the-counter derivatives issuers
105
34
Risk management product providers
58
35
Securities dealers
886
36
Small amount credit providers
195
37
Small derivative market operators
6
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
139
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
44
48
Wholesale trustees
1,626
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 470,569,745
2 Australian derivative trade repository operators 730
3 Corporate advisors 3,865,259,609
4 Credit intermediaries 37,374
5 Credit providers 561,253,358,709
6 Credit rating agencies 1,095
7 Custodians 1,023
8 Deposit product providers 2,263,038,282,872
9 Exempt CS facility operators 365
10 Exempt market operators 10,148
11 Insurance product distributors 3,043
12 Insurance product providers 42,815,225,400
13 Large futures exchange operators 365
14 Large futures exchange participants 194,675,925 (messages)24,159,848 (transactions)
15 Large proprietary companies 11,333
16 Large securities exchange operators 1,583,948,176,362
17 Large securities exchange participants 3,391,845,789 (messages)806,322,001 (transactions)
18 Licensees that provide only general advice to retail clients or wholesale clients 1,014
19 Licensees that provide personal advice on relevant financial products to retail clients 22,652
20 Licensees that provide personal advice to only wholesale clients 1,511
21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 229,700
22 Listed corporations 1,386,851,193,609
23 Managed discretionary account providers 69,269
24 Margin lenders 7,835
25 Operators of investor directed portfolio services 630,030,930
40 Small securities exchange operators with self-listing function only 365
41 Superannuation trustees 1,528,474,127,703
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 4,745
47 Wholesale electricity dealers 44
48 Wholesale trustees 570,254
8 IT percentage—large futures exchange participants
For the purposes of the definition of IT percentage in subsection 64(5) of the Regulations, the percentage for the financial year is 25.02%, being the percentage that corresponds to the extent to which the sub-sector regulatory costs in relation to the large futures exchange participants sub-sector for the financial year are attributable to costs relating to information technology.
9 IT percentage—large securities exchange participants
For the purposes of the definition of IT percentage in subsection 65(5) of the Regulations, the percentage for the financial year is 28.38%, being the percentage that corresponds to the extent to which the sub-sector regulatory costs in relation to the large securities exchange participants sub-sector for the financial year are attributable to costs relating to information technology.