ASIC (Supervisory Cost Recovery Levy—Regulatory Costs) Instrument 2021/0938 I, Richard Goldman, delegate of the Australian Securities and Investments Commission, make the following legislative instrument. Date 15 November 2021 Richard Goldman 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 2021/0938. 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 2020–21 financial year. 6 ASIC's regulatory costs ASIC's regulatory costs for the financial year are $314,092,158. 7 Attribution of ASIC's regulatory costs to each sub-sector Column 3 of the table specifies the extent to which ASIC's regulatory costs are attributable to the sub-sector specified in column 2 of the table. Column 1 Column 2 Column 3 Item Sub-sectors Extent to which regulatory costs are attributable to the sub-sector ($) 1 Auditors of disclosing entities 7,822,930 2 Australian derivative trade repository operators 127,212 2A Benchmark administrators 424,035 3 Corporate advisors 1,664,640 4 Credit intermediaries 11,361,967 5 Credit providers 33,057,339 6 Credit rating agencies 55,767 7 Custodians 311,256 8 Deposit product providers 7,521,038 8A Established specialised market operators 685,469 9 Exempt CS facility operators 3,587 10 Exempt market operators 68,440 11 Insurance product distributors 3,010,547 12 Insurance product providers 24,594,548 13 Large futures exchange operators 1,426,999 14 Large futures exchange participants 3,624,160 15 Large proprietary companies 7,925,280 16 Large securities exchange operators 4,600,607 17 Large securities exchange participants 19,941,999 18 Licensees that provide only general advice to retail clients or wholesale clients 602,613 19 Licensees that provide personal advice on relevant financial products to retail clients 25,759,149 20 Licensees that provide personal advice to only wholesale clients 84,651 21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 189,817 22 Listed corporations 58,247,190 23 Managed discretionary account providers 2,417,914 24 Margin lenders 70,357 24A New specialised market operators 3,736 25 Operators of investor directed portfolio services 953,013 25A Operators of notified foreign passport funds and regulated former notified funds 6,736 26 Overseas market operators 440,880 27 Over-the-counter traders 8,725,354 28 Payment product providers 2,405,649 29 Public companies (unlisted) 2,973,021 30 Registered company auditors 1,806,632 31 Registered liquidators 5,124,833 32 Responsible entities 25,203,601 33 Retail over-the-counter derivatives issuers 10,558,671 34 Risk management product providers 118,762 35 Securities dealers 1,944,910 36 Small and medium amount credit providers 4,897,428 38 Small futures exchange operators 639,776 39 Small securities exchange operators 570,028 40 Small securities exchange operators with self-listing function only 934 41 Superannuation trustees 26,947,964 42 Tier 1 clearing and settlement facility operators 1,599,620 43 Tier 2 clearing and settlement facility operators 171,301 44 Tier 3 clearing and settlement facility operators 26,015 45 Tier 4 clearing and settlement facility operators 934 46 Traditional trustee company service providers 277,883 47 Wholesale electricity dealers 86,709 48 Wholesale trustees 3,008,257