Select any passage to save a personal note with optional tags.
ASIC (Supervisory Cost Recovery Levy—Regulatory Costs) Instrument 2018/1062
I, Emily Hodgson, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.
Date 20 November 2018
Emily Hodgson
Contents
Part 1—Preliminary
1 Name of legislative instrument
2 Commencement
3 Authority
4 Definitions
Part 2—Determination
5 Applicable financial year
6 ASIC's regulatory costs
7 Attribution of ASIC's regulatory costs to each sub-sector
Part 1—Preliminary
1 Name of legislative instrument
This is the ASIC (Supervisory Cost Recovery Levy—Regulatory Costs) Instrument 2018/1062.
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 subsection 12A(6) of the Australian Securities and Investments Commission Act 2001 for the purposes of subsection 10(2) of the ASIC Supervisory Cost Recovery Levy Act 2017.
4 Definitions
In this instrument:
(a) Act means the ASIC Supervisory Cost Recovery Levy Act 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 Act;
has the same meaning in this instrument as in the Act.
Part 2—Determination
5 Applicable financial year
This determination applies to the 2017 – 2018 financial year.
6 ASIC's regulatory costs
ASIC's regulatory costs for the financial year are $236,582,384.
7 Attribution of ASIC's regulatory costs to each sub-sector
Column 3 of the table specifies the extent to which ASIC's regulatory costs are attributable to the sub-sector specified in column 2 of the table.
Column 1 Column 2 Column 3
Item Sub-sectors Extent to which regulatory costs are attributable to the
sub-sector ($)
1 Auditors of disclosing entities 5,666,484
2 Australian derivative trade repository operators 239,750
3 Corporate advisors 4,766,509
4 Credit intermediaries 5,739,767
5 Credit providers 24,124,482
6 Credit rating agencies 231,758
7 Custodians 740,788
8 Deposit product providers 3,114,271
9 Exempt CS facility operators 15,983
10 Exempt market operators 1,134,816
11 Insurance product distributors 943,422
12 Insurance product providers 13,131,610
13 Large futures exchange operators 1,435,573
14 Large futures exchange participants 3,321,123
15 Large proprietary companies 4,473,398
16 Large securities exchange operators 3,800,648
17 Large securities exchange participants 14,724,923
18 Licensees that provide only general advice to retail clients or wholesale clients 600,681
19 Licensees that provide personal advice on relevant financial products to retail clients 25,634,226
20 Licensees that provide personal advice to only wholesale clients 826,123
21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 1,198,621
22 Listed corporations 50,415,253
23 Managed discretionary account providers 742,236
24 Margin lenders 148,261
25 Operators of investor directed portfolio services 1,221,800
26 Overseas market operators 519,458
27 Over-the-counter traders 3,845,906
28 Payment product providers 654,552
29 Public companies (unlisted) 2,341,376
30 Registered company auditors 929,499
31 Registered liquidators 6,870,373
32 Responsible entities 22,769,635
33 Retail over-the-counter derivatives issuers 4,631,122
34 Risk management product providers 286,118
35 Securities dealers 1,482,730
36 Small amount credit providers 1,295,509
37 Small derivative market operators 479,500
38 Small futures exchange operators 251,146
39 Small securities exchange operators 536,478
40 Small securities exchange operators with self-listing function only 23,975
41 Superannuation trustees 9,592,832
42 Tier 1 clearing and settlement facility operators 1,614,315
43 Tier 2 clearing and settlement facility operators 191,800
44 Tier 3 clearing and settlement facility operators 71,925
45 Tier 4 clearing and settlement facility operators 15,983
46 Traditional trustee company service providers 296,522
47 Wholesale electricity dealers 109,516
48 Wholesale trustees 9,379,608