ASIC (Supervisory Cost Recovery Levy—Regulatory Costs) Instrument 2022/889 I, Peter Dunlop, delegate of the Australian Securities and Investments Commission, make the following legislative instrument. Date 9 November 2022 Peter Dunlop 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 2022/889. 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; and (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 2021–22 financial year. 6 ASIC's regulatory costs ASIC's regulatory costs for the financial year are $313,308,684. 7 Attribution of ASIC's regulatory costs to each sub-sector Column 3 of the table specifies the extent to which ASIC's regulatory costs are attributable to the sub-sector specified in column 2 of the table. Column 1 Column 2 Column 3 Item Sub-sectors Extent to which regulatory costs are attributable to the sub-sector ($) 1 Auditors of disclosing entities 6,796,365 2 Australian derivative trade repository operators 130,433 2A Benchmark administrators 220,094 2B Claims handling and settling services providers 1,218,800 3 Corporate advisors 1,929,606 4 Credit intermediaries 8,675,583 5 Credit providers 31,837,090 6 Credit rating agencies 123,286 7 Custodians 350,612 8 Deposit product providers 12,010,118 8A Established specialised market operators 642,065 9 Exempt CS facility operators 10,729 10 Exempt market operators 87,438 11 Insurance product distributors 3,131,482 12 Insurance product providers 24,254,744 13 Large futures exchange operators 1,597,741 14 Large futures exchange participants 4,586,328 15 Large proprietary companies 6,375,617 16 Large securities exchange operators 4,965,301 17 Large securities exchange participants 20,833,594 18 Licensees that provide only general advice to retail clients or wholesale clients 1,290,504 19 Licensees that provide personal advice on relevant financial products to retail clients 22,775,473 20 Licensees that provide personal advice to only wholesale clients 50,938 21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 73,059 22 Listed corporations 47,138,480 23 Managed discretionary account providers 1,774,421 24 Margin lenders 9,326 24A New specialised market operators 3,293 25 Operators of investor directed portfolio services 443,430 25A Operators of notified foreign passport funds and regulated former notified funds 0 26 Overseas market operators 287,556 27 Over-the-counter traders 15,875,834 28 Payment product providers 2,415,512 29 Public companies (unlisted) 3,702,529 30 Registered company auditors 1,457,764 31 Registered liquidators 4,129,675 32 Responsible entities 23,388,141 33 Retail over-the-counter derivatives issuers 10,512,906 34 Risk management product providers 371,446 35 Securities dealers 4,361,021 36 Small and medium amount credit providers 4,630,253 38 Small futures exchange operators 110,272 39 Small securities exchange operators 573,970 40 Small securities exchange operators with self-listing function only 1,098 41 Superannuation trustees 32,165,493 42 Tier 1 clearing and settlement facility operators 1,731,652 43 Tier 2 clearing and settlement facility operators 117,071 44 Tier 3 clearing and settlement facility operators 11,341 45 Tier 4 clearing and settlement facility operators 1,067 46 Traditional trustee company service providers 91,406 47 Wholesale electricity dealers 72,040 48 Wholesale trustees 3,964,687