5Amounts not included in regulatory costs

#### 5 Amounts not included in regulatory costs (1) For the purposes of paragraph 10(4)(c) of the Act, the following amounts must not be included in the amount of ASIC’s regulatory costs for a financial year: (b) the cost of operating the Companies Auditors Disciplinary Board (as established under the Australian Securities and Investments Commission Act 2001); (c) the cost of operating a committee convened under section 40‑45 of Schedule 2 to the Corporations Act 2001; (d) the cost of operating and maintaining a public register kept by ASIC under the Corporations Act 2001; (e) the cost of regulating approved SMSF auditors (within the meaning of the Superannuation Industry (Supervision) Act 1993); (f) the cost of preliminary investigations and reports by liquidators into the failure of a company with few or no assets; (g) if the financial year commences before 1 July 2019, the costs associated with achieving the outcome described in Budget Paper No. 2, Budget Measures 2016‑17, Part 2, topic headed “Australian Securities and Investments Commission—improving outcomes in financial services”. Temporary cap—personal advice on relevant financial products to retail clients (2) For the purposes of paragraph 10(4)(c) of the Act, an amount must not be included in the amount of ASIC’s regulatory costs for a financial year if: (a) the financial year commences on 1 July 2020 or 1 July 2021; and (b) the amount is part of the cost of regulating the licensees that provide personal advice on relevant financial products to retail clients sub‑sector; and (c) apart from this subsection, the graduated levy component for the sub‑sector would exceed $1,142 per relevant provider (see subsections 43(2) and (3) of this instrument); and (d) it is reasonable to expect that not including the amount would result in the graduated levy component for the sub‑sector being $1,142 per relevant provider.