ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2018/1063 I, Grant Moodie, delegate of the Australian Securities and Investments Commission, make the following legislative instrument. Date 20 November 2018 Grant Moodie Contents Part 1—Preliminary 1 Name of legislative instrument 2 Commencement 3 Authority 4 Definitions Part 2—Determination 5 Applicable financial year 6 Sub-sector population 7 Sub-sector metrics—basic levy component and graduated levy component 8 IT percentage—large futures exchange participants 9 IT percentage—large securities exchange participants Part 1—Preliminary 1 Name of legislative instrument 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 Graduated levy component (as applicable) (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 26 Overseas market operators 3,000 27 Over-the-counter traders 2,510 28 Payment product providers 227,339 29 Public companies (unlisted) 16,014 30 Registered company auditors 4,453 31 Registered liquidators 65,900 32 Responsible entities 1,194,276,323,558 33 Retail over-the-counter derivatives issuers 37,076 34 Risk management product providers 20,074 35 Securities dealers 89,900,391,621 36 Small amount credit providers 1,527,220,643 37 Small derivative market operators 4,196 38 Small futures exchange operators 0 39 Small securities exchange operators 730 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.