ASIC (Supervisory Cost Recovery Levy—Regulatory Costs) Instrument 2019/1160 I, Emily Hodgson, delegate of the Australian Securities and Investments Commission, make the following legislative instrument. Date 20 November 2019 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 2019/1160. 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 10(8) 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 2018–19 financial year. 6 ASIC's regulatory costs ASIC's regulatory costs for the financial year are $276,711,435. 7 Attribution of ASIC's regulatory costs to each sub-sector Column 3 of the table specifies the extent to which ASIC's regulatory costs are attributable to the sub-sector specified in column 2 of the table. Column 1 Column 2 Column 3 Item Sub-sectors Extent to which regulatory costs are attributable to the sub-sector ($) 1 Auditors of disclosing entities 5,627,610 2 Australian derivative trade repository operators 486,161 2A Benchmark administrators 559,568 3 Corporate advisors 5,915,974 4 Credit intermediaries 6,577,962 5 Credit providers 19,754,450 6 Credit rating agencies 167,081 7 Custodians 945,073 8 Deposit product providers 2,858,251 8AA Entities subject to close and continuous monitoring 3,664,715 8A Established specialised market operators 617,905 9 Exempt CS facility operators 28,512 10 Exempt market operators 492,569 11 Insurance product distributors 2,110,381 12 Insurance product providers 11,579,231 13 Large futures exchange operators 1,260,343 14 Large futures exchange participants 2,168,563 15 Large proprietary companies 5,060,480 16 Large securities exchange operators 4,466,040 17 Large securities exchange participants 16,242,231 18 Licensees that provide only general advice to retail clients or wholesale clients 737,284 19 Licensees that provide personal advice on relevant financial products to retail clients 33,027,674 20 Licensees that provide personal advice to only wholesale clients 180,643 21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 124,514 22 Listed corporations 63,825,163 23 Managed discretionary account providers 1,425,540 24 Margin lenders 126,693 24A New specialised market operators 127,301 25 Operators of investor directed portfolio services 1,635,652 25A Operators of notified foreign passport funds and regulated former notified funds 0 26 Overseas market operators 831,765 27 Over-the-counter traders 7,877,462 28 Payment product providers 920,058 29 Public companies (unlisted) 1,630,952 30 Registered company auditors 850,437 31 Registered liquidators 7,338,133 32 Responsible entities 25,894,245 33 Retail over-the-counter derivatives issuers 4,848,442 34 Risk management product providers 602,756 35 Securities dealers 2,465,105 36 Small and medium amount credit providers 1,318,708 38 Small futures exchange operators 422,977 39 Small securities exchange operators 671,360 40 Small securities exchange operators with self-listing function only 20,386 41 Superannuation trustees 17,234,693 42 Tier 1 clearing and settlement facility operators 1,868,266 43 Tier 2 clearing and settlement facility operators 202,943 44 Tier 3 clearing and settlement facility operators 92,247 45 Tier 4 clearing and settlement facility operators 15,688 46 Traditional trustee company service providers 117,345 47 Wholesale electricity dealers 82,122 48 Wholesale trustees 9,611,781