ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2019/1161 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 Sub-sector population 7 Sub-sector metrics—basic levy component and graduated levy component Part 1—Preliminary 1 Name of legislative instrument This is the ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2019/1161. 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 2018–19 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 112 2 Australian derivative trade repository operators 2 2A Benchmark administrators 0 3 Corporate advisors 328 4 Credit intermediaries 5,036 5 Credit providers 1,149 6 Credit rating agencies 6 7 Custodians 1,093 8 Deposit product providers 223 8AA Entities subject to close and continuous monitoring 5 8A Established specialised market operators 5 9 Exempt CS facility operators 1 10 Exempt market operators 25 11 Insurance product distributors 3,173 12 Insurance product providers 96 13 Large futures exchange operators 1 14 Large futures exchange participants 40 15 Large proprietary companies 10,782 16 Large securities exchange operators 2 17 Large securities exchange participants 66 18 Licensees that provide only general advice to retail clients or wholesale clients 1,020 19 Licensees that provide personal advice on relevant financial products to retail clients 3,051 20 Licensees that provide personal advice to only wholesale clients 1,579 21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 645 22 Listed corporations 2,177 23 Managed discretionary account providers 251 24 Margin lenders 24 24A New specialised market operators 1 25 Operators of investor directed portfolio services 93 25A Operators of notified foreign passport funds and regulated former notified funds 0 26 Overseas market operators 15 27 Over-the-counter traders 65 28 Payment product providers 664 29 Public companies (unlisted) 14,868 30 Registered company auditors 4,089 31 Registered liquidators 675 32 Responsible entities 464 33 Retail over-the-counter derivatives issuers 105 34 Risk management product providers 61 35 Securities dealers 953 36 Small and medium amount credit providers 237 38 Small futures exchange operators 0 39 Small securities exchange operators 2 40 Small securities exchange operators with self-listing function only 1 41 Superannuation trustees 127 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 21 48 Wholesale trustees 1,685 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 561,054,751 2 Australian derivative trade repository operators 730 2A Benchmark administrators 0 3 Corporate advisors 2,742,084,177 4 Credit intermediaries 36,484 5 Credit providers 508,999,623,403 6 Credit rating agencies 1,095 7 Custodians 1,093 8 Deposit product providers 2,387,956,164,966 8AA Entities subject to close and continuous monitoring 5 8A Established specialised market operators 3,773 9 Exempt CS facility operators 365 10 Exempt market operators 8,552 11 Insurance product distributors 3,173 12 Insurance product providers 44,864,222,897 13 Large futures exchange operators 365 14 Large futures exchange participants 239,196,322 (messages) 382,044,948 (lots) 15 Large proprietary companies 10,782 16 Large securities exchange operators 1,714,279,055,129 17 Large securities exchange participants 4,177,206,059 (messages) 960,191,603 (transactions) 18 Licensees that provide only general advice to retail clients or wholesale clients 1,020 19 Licensees that provide personal advice on relevant financial products to retail clients 24,919 20 Licensees that provide personal advice to only wholesale clients 1,579 21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 227,499 22 Listed corporations 1,430,964,395,712 23 Managed discretionary account providers 82,614 24 Margin lenders 8,128 24A New specialised market operators 365 25 Operators of investor directed portfolio services 692,608,032 25A Operators of notified foreign passport funds and regulated former notified funds 0 26 Overseas market operators 4,293 27 Over-the-counter traders 2,509 28 Payment product providers 3,600,559,353 29 Public companies (unlisted) 14,868 30 Registered company auditors 4,089 31 Registered liquidators 58,002 32 Responsible entities 1,339,000,721,341 33 Retail over-the-counter derivatives issuers 36,221 34 Risk management product providers 21,498 35 Securities dealers 103,581,872,065 36 Small and medium amount credit providers 1,635,986,174 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 1,692,632,721,648 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 4,616 47 Wholesale electricity dealers 21 48 Wholesale trustees 604,247,405,032