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ASIC Supervisory Cost Recovery Levy Regulations 2017
19Listed corporations
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#### 19 Listed corporations
(1) A leviable entity forms part of the listed corporations sub‑sector in a financial year if, at any time in the financial year, the entity is a listed corporation.
Levy component
(2) The amount of a leviable entity’s levy component in respect of the sub‑sector for the financial year is the sum of:
(a) the minimum levy component for the sub‑sector; and
(b) the graduated levy component for the entity for the sub‑sector.
> Note: For the graduated levy component, see section 10.
Entity metric
(3) The leviable entity’s entity metric for the sub‑sector for the financial year is:
(a) if the entity’s market capitalisation for the financial year (as worked out under subsection (5)) is less than the maximum levy threshold—the entity’s market capitalisation for the financial year; or
(b) if the entity’s market capitalisation for the financial year (as worked out under subsection (5)) equals or exceeds the maximum levy threshold—the maximum levy threshold.
(4) However:
(a) there is a pro‑rata of the entity metric; and
(b) for the purposes of section 11, the number of counted days is the number of days in the financial year on which the leviable entity was a listed corporation.
(5) A leviable entity’s market capitalisation for a financial year is worked out by:
(a) if the entity is listed on a financial market at the end of the financial year—multiplying:
(i) the price for the entity’s main class of securities at the time the financial market closes on the last trading day on or before 30 June of the financial year; by
(ii) the number of securities in that class at that relevant time; or
(b) if the entity is not listed on a financial market at the end of the financial year—multiplying:
(i) the last price for the entity’s main class of securities on the day before the entity stops being listed on the financial market; by
(ii) the number of securities in that class at that relevant time.
(5A) However, if the leviable entity is an exempt foreign entity under the listing rules of the Australian Stock Exchange Limited, disregard the number of securities of the entity that were not held in Australia, at the relevant time mentioned in paragraph (5)(a) or (5)(b) (whichever is applicable), for the purposes of working out:
(a) the main class of securities mentioned in subparagraph (5)(a)(i) or (5)(b)(i); and
(b) the number of securities mentioned in subparagraph (5)(a)(ii) or (5)(b)(ii).
(6) The maximum levy threshold for the sub‑sector is $20,000,000,000.
(7) The minimum levy component for the sub‑sector is $4,000.
(8) The minimum levy threshold for the sub‑sector is $5,000,000.
(9) In this section:
> securities has the meaning given by subsection 92(3) of the Corporations Act 2001 for the purposes of Chapters 6 to 6CA of that Act (disregarding Chapter 6C of that Act).