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ASIC (Supervisory Cost Recovery Levy—Regulatory Costs) Instrument 2024/821
I, Peter Dunlop, delegate of the Australian Securities and Investments Commission, make the following legislative instrument.
Date 7 November 2024
Peter Dunlop
Contents
Part 1—Preliminary 3
1 Name of legislative instrument....................................3
2 Commencement and date of effect.................................3
3 Authority....................................................3
4 Definitions...................................................3
Part 2—Determination 4
5 Applicable financial year........................................4
6 ASIC's regulatory costs.........................................4
7 Attribution of ASIC's regulatory costs to each sub-sector...............4
Part 1—Preliminary
1 Name of legislative instrument
This is the ASIC (Supervisory Cost Recovery Levy—Regulatory Costs) Instrument 2024/821.
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 2023-24 financial year.
6 ASIC's regulatory costs
ASIC's regulatory costs for the financial year are $328,108,436.
7 Attribution of ASIC's regulatory costs to each sub-sector
Column 3 of the table specifies the extent to which ASIC's regulatory costs are attributable to the sub-sector specified in column 2 of the table.
Column 1 Column 2 Column 3
Item Sub-sectors Extent to which regulatory costs are attributable to the
sub-sector ($)
1 Auditors of disclosing entities 7,096,900.00
2 Australian derivative trade repository operators 255,427.00
2A Benchmark administrators 91,091.00
2B Claims handling and settling services providers 6,903,067.00
3 Corporate advisors 1,893,516
4 Credit intermediaries 2,891,763
5 Credit providers 31,324,600
6 Credit rating agencies 41,479
7 Custodians 636,143
8 Deposit product providers 4,355,132
8A Established specialised market operators 472,403
9 Exempt CS facility operators 11,522
10 Exempt market operators 11,522
11 Insurance product distributors 842,495
12 Insurance product providers 11,255,306
13 Large futures exchange operators 1,188,008
14 Large futures exchange participants 850,794
15 Large proprietary companies 10,312,687
16 Large securities exchange operators 5,344,210
17 Large securities exchange participants 19,092,934
18 Licensees that provide only general advice to retail clients or wholesale clients 2,798,274
19 Licensees that provide personal advice on relevant financial products to retail clients 45,013,593
20 Licensees that provide personal advice to only wholesale clients 1,616,129
21 Licensees that provide personal advice to retail clients on only products that are not relevant financial products 90,901
22 Listed corporations 57,418,413
23 Managed discretionary account providers 961,795
24 Margin lenders 4,517
24A New specialised market operators 12,716
25 Operators of investor directed portfolio services 131,556
25A Operators of notified foreign passport funds and regulated former notified funds 5,295
26 Overseas market operators 443,598
27 Over-the-counter traders 5,074,859
28 Payment product providers 5,240,526
29 Public companies (unlisted) 4,148,116
30 Registered company auditors 3,132,214
31 Registered liquidators 7,481,213
32 Responsible entities 28,114,632
33 Retail over-the-counter derivatives issuers 16,239,386
34 Risk management product providers 100,282
35 Securities dealers 5,168,704
36 Small and medium amount credit providers 7,103,088
38 Small futures exchange operators 63,438
39 Small securities exchange operators 533,062
40 Small securities exchange operators with self-listing function only 0
41 Superannuation trustees 26,428,308
42 Tier 1 clearing and settlement facility operators 3,340,833
43 Tier 2 clearing and settlement facility operators 91,881
44 Tier 3 clearing and settlement facility operators 28,411
45 Tier 4 clearing and settlement facility operators 0
46 Traditional trustee company service providers 493,685
47 Wholesale electricity dealers 200,956
48 Wholesale trustees 1,757,056