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ASIC SUPERVISORY COST RECOVERY LEVY REGULATIONS 2017 (F2017L00805) - REG 4

Definitions

Note:          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 .

"basic banking product " has the same meaning as in section 910A of the Corporations Act 2001 .

"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 .

"deal has the same meaning as dealing " in section 761A of the Corporations Act 2001.

"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).

"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 .

"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.

"participant " has the same meaning as in section 761A of the Corporations Act 2001 .

"registrable superannuation entity " has the same meaning as in the Superannuation Industry (Supervision) Act 1993 .

"relevant financial products " has the same meaning as in section 910A of the Corporations Act 2001 .

"securities " has the same meaning as in section 9 of the Corporations Act 2001 .

"small amount credit contract " has the same meaning as in the National Consumer Credit Protection Act 2009 .

"small derivatives market " has the meaning given by subsection 50(3).

"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).

"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.

             (2)  Other expressions used in this instrument that are defined in section 9 or 761A of the Corporations Act 2001 have the same meaning as they have in those sections.



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