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.
Peter Dunlop
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.
Peter Dunlop
Contents
1 Name of legislative instrument
2 Commencement and date of effect
7 Sub-sector metrics—basic levy component and graduated levy component
1 Name of legislative instrument
This is the ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2023/778.
2 Commencement and date of effect
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.
This instrument is made under section 73 of the ASIC Supervisory Cost Recovery Levy Regulations 2017.
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.
This determination applies to the 2022-23 financial year.
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 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 | 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 |