ASIC (Supervisory Cost Recovery Levy—Annual Determination) Instrument 2020/1073 I, Emily Hodgson, delegate of the Australian Securities and Investments Commission, make the following legislative instrument. Date 24 November 2020 Emily Hodgson Contents Part 1—Preliminary 1 Name of legislative instrument 2 Commencement and date of effect 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 2020/1073. 2 Commencement and date of effect (1) This instrument commences on the day after it is registered on the Federal Register of Legislation. 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. 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 2019–20 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 122 2 Australian derivative trade repository operators 2 2A Benchmark administrators 1 3 Corporate advisors 348 4 Credit intermediaries 4,653 5 Credit providers 1,096 6 Credit rating agencies 6 7 Custodians 1,126 8 Deposit product providers 211 8AA Entities subject to close and continuous monitoring 5 8A Established specialised market operators 6 9 Exempt CS facility operators 1 10 Exempt market operators 19 11 Insurance product distributors 3,242 12 Insurance product providers 91 13 Large futures exchange operators 1 14 Large futures exchange participants 39 15 Large proprietary companies 9,468 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 1,004 19 Licensees that provide personal advice on relevant financial products to retail clients 2,991 20 Licensees that provide personal advice to only wholesale clients 1,624 21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 625 22 Listed corporations 2,112 23 Managed discretionary account providers 254 24 Margin lenders 25 24A New specialised market operators 2 25 Operators of investor directed portfolio services 86 25A Operators of notified foreign passport funds and regulated former notified funds 0 26 Overseas market operators 23 27 Over-the-counter traders 77 28 Payment product providers 657 29 Public companies (unlisted) 14,945 30 Registered company auditors 3,817 31 Registered liquidators 667 32 Responsible entities 449 33 Retail over-the-counter derivatives issuers 99 34 Risk management product providers 64 35 Securities dealers 1,030 36 Small and medium amount credit providers 226 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 114 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 12 47 Wholesale electricity dealers 33 48 Wholesale trustees 1,693 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 558,036,020 2 Australian derivative trade repository operators 732 2A Benchmark administrators 366 3 Corporate advisors 2,908,342,993 4 Credit intermediaries 36,248 5 Credit providers 496,901,516,808 6 Credit rating agencies 1,098 7 Custodians 1,126 8 Deposit product providers 2,379,420,650,095 8AA Entities subject to close and continuous monitoring 5 8A Established specialised market operators 6,394 9 Exempt CS facility operators 366 10 Exempt market operators 3,472 11 Insurance product distributors 3,242 12 Insurance product providers 43,395,198,821 13 Large futures exchange operators 366 14 Large futures exchange participants 268,868,225 (messages) 371,634,755 (lots) 15 Large proprietary companies 9,468 16 Large securities exchange operators 2,155,287,250,967 17 Large securities exchange participants 5,281,139,761 (messages) 1,198,500,993(transactions) 18 Licensees that provide only general advice to retail clients or wholesale clients 1,004 19 Licensees that provide personal advice on relevant financial products to retail clients 21,308 20 Licensees that provide personal advice to only wholesale clients 1,624 21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 224,209 22 Listed corporations 1,340,731,736,045 23 Managed discretionary account providers 89,139 24 Margin lenders 9,019 24A New specialised market operators 263 25 Operators of investor directed portfolio services 727,063,500 25A Operators of notified foreign passport funds and regulated former notified funds 0 26 Overseas market operators 7,559 27 Over-the-counter traders 2,389 28 Payment product providers 3,390,268,877 29 Public companies (unlisted) 14,945 30 Registered company auditors 3,817 31 Registered liquidators 56,482 32 Responsible entities 1,281,978,863,491 33 Retail over-the-counter derivatives issuers 35,163 34 Risk management product providers 22,689 35 Securities dealers 132,872,561,242 36 Small and medium amount credit providers 1,336,504,714 38 Small futures exchange operators 0 39 Small securities exchange operators 732 40 Small securities exchange operators with self-listing function only 366 41 Superannuation trustees 1,691,280,918,277 42 Tier 1 clearing and settlement facility operators 1,464 43 Tier 2 clearing and settlement facility operators 366 44 Tier 3 clearing and settlement facility operators 366 45 Tier 4 clearing and settlement facility operators 366 46 Traditional trustee company service providers 4,142 47 Wholesale electricity dealers 33 48 Wholesale trustees 606,098,780,855