ASIC (Supervisory Cost Recovery Levy—Regulatory Costs) Instrument 2023/777 I, Peter Dunlop, delegate of the Australian Securities and Investments Commission, make the following legislative instrument. Date 3 November 2023 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 2023/777. 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 2022–23 financial year. 6 ASIC's regulatory costs ASIC's regulatory costs for the financial year are $349,531,836. 7 Attribution of ASIC's regulatory costs to each sub-sector Column 3 of the table specifies the extent to which ASIC's regulatory costs are attributable to the sub-sector specified in column 2 of the table. Column 1 Column 2 Column 3 Item Sub-sectors Extent to which regulatory costs are attributable to the sub-sector ($) 1 Auditors of disclosing entities 4,574,259 2 Australian derivative trade repository operators 211,030 2A Benchmark administrators 134,362 2B Claims handling and settling services providers 5,544,973 3 Corporate advisors 2,606,419 4 Credit intermediaries 4,267,575 5 Credit providers 30,569,305 6 Credit rating agencies 74,804 7 Custodians 141,333 8 Deposit product providers 9,793,089 8A Established specialised market operators 604,442 9 Exempt CS facility operators 28,795 10 Exempt market operators 12,888 11 Insurance product distributors 3,009,849 12 Insurance product providers 27,548,548 13 Large futures exchange operators 1,138,410 14 Large futures exchange participants 5,829,105 15 Large proprietary companies 8,773,758 16 Large securities exchange operators 6,984,161 17 Large securities exchange participants 16,451,973 18 Licensees that provide only general advice to retail clients or wholesale clients 2,252,926 19 Licensees that provide personal advice on relevant financial products to retail clients 47,593,147 20 Licensees that provide personal advice to only wholesale clients 176,202 21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 96,425 22 Listed corporations 42,999,175 23 Managed discretionary account providers 367,979 24 Margin lenders 0 24A New specialised market operators 7,942 25 Operators of investor directed portfolio services 0 25A Operators of notified foreign passport funds and regulated former notified funds 0 26 Overseas market operators 447,545 27 Over-the-counter traders 13,842,313 28 Payment product providers 4,144,878 29 Public companies (unlisted) 3,460,331 30 Registered company auditors 1,479,402 31 Registered liquidators 5,063,018 32 Responsible entities 35,008,557 33 Retail over-the-counter derivatives issuers 12,534,371 34 Risk management product providers 367,809 35 Securities dealers 4,037,020 36 Small and medium amount credit providers 8,394,578 38 Small futures exchange operators 51,354 39 Small securities exchange operators 703,220 40 Small securities exchange operators with self-listing function only 0 41 Superannuation trustees 29,603,269 42 Tier 1 clearing and settlement facility operators 4,602,493 43 Tier 2 clearing and settlement facility operators 105,056 44 Tier 3 clearing and settlement facility operators 29,588 45 Tier 4 clearing and settlement facility operators 0 46 Traditional trustee company service providers 105,580 47 Wholesale electricity dealers 148,187 48 Wholesale trustees 3,610,393