ASIC (Supervisory Cost Recovery Levy—Regulatory Costs) Instrument 2020/1074 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 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 2020/1074. 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 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 2019–20 financial year. 6 ASIC's regulatory costs ASIC's regulatory costs for the financial year are $320,333,169. 7 Attribution of ASIC's regulatory costs to each sub-sector Column 3 of the table specifies the extent to which ASIC's regulatory costs are attributable to the sub-sector specified in column 2 of the table. Column 1 Column 2 Column 3 Item Sub-sectors Extent to which regulatory costs are attributable to the sub-sector ($) 1 Auditors of disclosing entities 7,230,230 2 Australian derivative trade repository operators 405,865 2A Benchmark administrators 431,139 3 Corporate advisors 4,677,645 4 Credit intermediaries 6,891,829 5 Credit providers 27,307,232 6 Credit rating agencies 245,059 7 Custodians 558,233 8 Deposit product providers 3,090,298 8AA Entities subject to close and continuous monitoring 6,354,427 8A Established specialised market operators 587,790 9 Exempt CS facility operators 5,217 10 Exempt market operators 32,777 11 Insurance product distributors 3,875,918 12 Insurance product providers 18,130,234 13 Large futures exchange operators 1,512,566 14 Large futures exchange participants 5,101,159 15 Large proprietary companies 3,931,738 16 Large securities exchange operators 4,191,658 17 Large securities exchange participants 19,849,379 18 Licensees that provide only general advice to retail clients or wholesale clients 2,088,961 19 Licensees that provide personal advice on relevant financial products to retail clients 56,189,146 20 Licensees that provide personal advice to only wholesale clients 47,579 21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 1,264,177 22 Listed corporations 51,021,031 23 Managed discretionary account providers 1,091,565 24 Margin lenders 128,972 24A New specialised market operators 44,714 25 Operators of investor directed portfolio services 705,271 25A Operators of notified foreign passport funds and regulated former notified funds 0 26 Overseas market operators 236,337 27 Over-the-counter traders 9,660,547 28 Payment product providers 1,315,252 29 Public companies (unlisted) 4,954,663 30 Registered company auditors 3,097,293 31 Registered liquidators 6,138,870 32 Responsible entities 23,768,714 33 Retail over-the-counter derivatives issuers 10,384,059 34 Risk management product providers 281,160 35 Securities dealers 1,390,596 36 Small and medium amount credit providers 2,023,090 38 Small futures exchange operators 483,624 39 Small securities exchange operators 470,482 40 Small securities exchange operators with self-listing function only 1,985 41 Superannuation trustees 23,815,577 42 Tier 1 clearing and settlement facility operators 1,936,457 43 Tier 2 clearing and settlement facility operators 219,484 44 Tier 3 clearing and settlement facility operators 99,067 45 Tier 4 clearing and settlement facility operators 7,202 46 Traditional trustee company service providers 418,159 47 Wholesale electricity dealers 28,220 48 Wholesale trustees 2,610,522