Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNote: A number of expressions used in this instrument are defined in the Act, including the following:
(a) ASIC;
(b) leviable entity.
(1) In this instrument:
"Act" means the ASIC Supervisory Cost Recovery Levy Act 2017 .
"amount of credit" has the same meaning as in subsection 3(2) of the National Credit Code.
"annual determination" means the legislative instrument made for a financial year by ASIC under section 73.
"Australian credit licence" has the same meaning as in the National Consumer Credit Protection Act 2009 .
"Australian member" :
(a) in relation to a notified foreign passport fund--has the same meaning as in the Corporations Act 2001 ; and
(b) in relation to a regulated former notified fund--means a person who either:
(i) holds an interest in the fund that was acquired in this jurisdiction (within the meaning of the Corporations Act 2001 ); or
(ii) is ordinarily resident in this jurisdiction (within the meaning of the Corporations Act 2001 ) and holds an interest in the fund.
"credit" has the same meaning as in the National Consumer Credit Protection Act 2009 .
"credit activity" has the same meaning as in the National Consumer Credit Protection Act 2009 .
"credit contract" has the same meaning as in the National Consumer Credit Protection Act 2009 .
"credit provider" has the same meaning as in the National Consumer Credit Protection Act 2009 .
"dealing" in a financial product has the meaning given by section 766C of the Corporations Act 2001 and deal in a financial product has a corresponding meaning.
"entity metric" : a leviable entity's entity metric for a sub - sector for a financial year is the amount worked out for the entity under a provision of Part 3 that specifies an amount to be the entity's entity metric for the sub - sector for the financial year.
Note: See also section 12.
"financial year" means a period of 12 months starting on 1 July.
"graduated levy component" for a sub - sector for a financial year has the meaning given by section 10.
"large futures exchange" has the meaning given by subsection 52(3).
"large securities exchange" has the meaning given by subsection 51(3).
"lot" means a single futures contract with predefined terms and values.
"medium amount credit contract" has the same meaning as in the National Consumer Credit Protection Act 2009.
"minimum levy component" for a sub - sector for a financial year means the minimum levy component specified in Part 3 for the sub - sector.
"National Credit Code" has the same meaning as in the National Consumer Credit Protection Act 2009 .
"operator" :
(a) in relation to a notified foreign passport fund--has the same meaning as in the Corporations Act 2001 ; and
(b) in relation to a regulated former notified fund:
(i) if the fund is a regulated CIS--has the same meaning as in the Passport Rules for this jurisdiction; and
(ii) if the fund is no longer a regulated CIS--the entity or entities in control of the fund.
"overseas market" has the meaning given by subsection 46(3).
"over-the-counter" , in relation to a financial product, means a financial product that cannot be traded on:
(a) a large futures exchange; or
(b) a large securities exchange; or
(c) a market licensed under subsection 795B(2) of the Corporations Act 2001 that operates as an exchange; or
(d) a small futures exchange; or
(e) a small securities exchange; or
(f) a small securities (self - listing) exchange.
"registrable superannuation entity" has the same meaning as in the Superannuation Industry (Supervision) Act 1993 .
"regulated former notified fund" means a fund described in paragraph 5C(2)(b) or (c).
"small amount credit contract" has the same meaning as in the National Consumer Credit Protection Act 2009 .
"small futures exchange" has the meaning given by subsection 49(3).
"small securities exchange" has the meaning given by subsection 48(3).
"small securities (self-listing) exchange" has the meaning given by subsection 47(3).
"specialised market" has the meaning given by subsection 52A(4).
"sub-sector" means a group of one or more entities each of which meets the criteria specified in a provision of Part 3 for an entity to form part of the sub - sector.
Note 1: Within each such provision, the name of the sub - sector is identified in bold italics.
Note 2: For a list of sub - sectors, see Schedule 1.
"sub-sector population" , in relation to a sub - sector, for a financial year, means the number of entities specified by ASIC in an annual determination to be the number of entities that form part of the sub - sector at any time in the financial year.
"sub-sector regulatory costs" , in relation to a sub - sector, for a financial year, means the Australian dollar amount specified by ASIC in a determination made under subsection 10(2) of the Act to be the extent to which ASIC's regulatory costs for the financial year are attributable to the sub - sector.
"supervisory college" means a college of regulators established for a credit rating agency:
(a) that has significant cross border operations; and
(b) that has affiliates or branches in more than one country; and
(c) whose credit ratings are relied on by investors and other users of credit ratings in more than one country.
"unregistered managed investment scheme" is a managed investment scheme that is not:
(a) a registered scheme; or
(b) a notified foreign passport fund; or
(c) a regulated former notified fund.
(2) Subject to the Act and this instrument, Part 1.2 (Interpretation) of the Corporations Act 2001 applies for the purposes of this instrument as if the provisions of this instrument were provisions of that Act.
Note: Part 1.2 of the Corporations Act 2001 includes the Dictionary in section 9 of that Act, so the definitions in that section apply for the purposes of this instrument unless the Act or this instrument otherwise provides.