Commonwealth Consolidated Regulations

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ASIC SUPERVISORY COST RECOVERY LEVY REGULATIONS 2017

- made under the ASIC Supervisory Cost Recovery Levy Act 2017

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name  
   3.      Authority  
   4.      Definitions  

   PART 2--GENERAL--PROVISIONS

           Division 1--Regulatory costs

   5.      Amounts not included in regulatory costs  
   5A.     Amounts included in regulatory costs  

           Division 1A--Exempt and regulated entities

   5B.     Exempt entities  
   5C.     Regulated entities  

           Division 2--Amount of levy payable

              Subdivision 2.1--General

   6.      Amount of levy  
   7.      Levy component  
   8.      Levy component for leviable entities that are deregistered  

              Subdivision 2.2--Levy components

   9.      Basic levy component  
   10.     Graduated levy component  
   11.     Pro - rata of entity metric  
   12.     Rules about amounts  

   PART 3--SECTORS--, SUB-SECTORS AND LEVY COMPONENTS

           Division 1--Corporate sector

              Subdivision 1.1--General

   13.     Corporate sector  
   14.     Basic levy component applies to sub - sectors in Subdivision 1.2  

              Subdivision 1.2--Sub-sectors to which basic levy component applies

   15.     Auditors of disclosing entities  
   16.     Large proprietary companies  
   17.     Public companies (unlisted)  
   18.     Registered company auditors  

              Subdivision 1.3--Sub-sectors to which graduated levy component applies

   19.     Listed corporations  
   20.     Registered liquidators  

           Division 2--Deposit-taking and credit sector

              Subdivision 2.1--General

   21.     Deposit - taking and credit sector  
   22.     Basic levy component applies to sub - sectors in Subdivision 2.2  

              Subdivision 2.2--Sub-sectors to which basic levy component applies

   23.     Margin lenders  
   24.     Small and medium amount credit providers  

              Subdivision 2.3--Sub-sectors to which graduated levy component applies

   25.     Credit intermediaries  
   26.     Credit providers  
   27.     Deposit product providers  
   28.     Payment product providers  

           Division 3--Investment management, superannuation and related services sector

              Subdivision 3.1--General

   29.     Investment management, superannuation and related services sector  
   30.     Basic levy component applies to sub - sectors in Subdivision 3.2  

              Subdivision 3.2--Sub-sectors to which basic levy component applies

   31.     Custodians  
   32.     Managed discretionary account providers  
   33.     Traditional trustee company service providers  

              Subdivision 3.3--Sub-sectors to which graduated levy component applies

   34.     Operators of investor directed portfolio services  
   35.     Responsible entities  
   35A.    Operators of notified foreign passport funds and regulated former notified funds  
   36.     Superannuation trustees  
   37.     Wholesale trustees  

           Division 4--Financial advice sector

              Subdivision 4.1--General

   38.     Financial advice sector  
   39.     Basic levy component applies to sub - sectors in Subdivision 4.2  

              Subdivision 4.2--Sub-sectors to which basic levy component applies

   40.     Licensees that provide only general advice to retail or wholesale clients  
   41.     Licensees that provide personal advice to only wholesale clients  
   42.     Licensees that provide personal advice to retail clients on only products that are not relevant financial products  

              Subdivision 4.3--Sub-sectors to which graduated levy component applies

   43.     Licensees that provide personal advice on relevant financial products to retail clients  

           Division 5--Market infrastructure and intermediaries sector

              Subdivision 5.1--General

   44.     Market infrastructure and intermediaries sector  
   45.     Basic levy component applies to sub - sectors in Subdivision 5.2  

              Subdivision 5.2--Sub-sectors to which basic levy component applies

   46.     Overseas market operators  
   47.     Small securities exchange operators with self - listing function only  
   48.     Small securities exchange operators  
   49.     Small futures exchange operators  
   51.     Large securities exchange operators  
   52.     Large futures exchange operators  
   52A.    New specialised market operators  
   52B.    Established specialised market operators  
   53.     Exempt market operators  
   54.     Tier 1 clearing and settlement facility operators  
   55.     Tier 2 clearing and settlement facility operators  
   56.     Tier 3 clearing and settlement facility operators  
   57.     Tier 4 clearing and settlement facility operators  
   58.     Exempt CS facility operators  
   59.     Australian derivative trade repository operators  
   61.     Retail over - the - counter derivatives issuers  
   62.     Wholesale electricity dealers  
   62A.    Benchmark administrators  

              Subdivision 5.3--Sub-sectors to which graduated levy component applies

   62B.    Credit rating agencies  
   63.     Corporate advisors  
   64.     Large futures exchange participants  
   65.     Large securities exchange participants  
   66.     Over - the - counter traders  
   67.     Securities dealers  

           Division 6--Insurance sector

              Subdivision 6.1--General

   68.     Insurance sector  
   69.     Basic levy component applies to sub - sectors in Subdivision 6.2  

              Subdivision 6.2--Sub-sectors to which basic levy component applies

   70.     Insurance product distributors  
   71.     Risk management product providers  

              Subdivision 6.3--Sub-sectors to which graduated levy component applies

   72.     Insurance product providers  
   72AA.   Claims handling and settling services providers  

           Division 7--Large institutions sector

              Subdivision 7.1--General

   72A.    Large institutions sector  

              Subdivision 7.2--Sub-sectors to which basic levy component applies

   72B.    Entities subject to close and continuous monitoring  

   PART 4--MISCELLANEOUS

   73.     Annual determination  

   PART 5--APPLICATION--AND TRANSITIONAL PROVISIONS

           Division 1--Application provisions relating to the ASIC Supervisory Cost Recovery Levy Amendment (Enhancements) Regulations 2018

   74.     Application of amendments--Schedules 1, 2, 3, 5, 6, 9, 11 and 13 to the ASIC Supervisory Cost Recovery Levy Amendment (Enhancements) Regulations 2018  
   75.     Application of amendments--Schedules 4, 7, 8, 10 and 12 to the ASIC Supervisory Cost Recovery Levy Amendment (Enhancements) Regulations 2018  

           Division 2--Application provisions relating to the ASIC Supervisory Cost Recovery Levy Amendment (Claims Handling and Settling Services Providers) Regulations 2021

   76.     Application of amendments  
           SCHEDULE 1 List of sub-sectors


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