(1) A leviable entity forms part of the retail over-the-counter derivatives issuers sub-sector in a financial year if:
(a) the entity holds, at any time in the financial year, an Australian financial services licence that authorises the holder to provide both of the following financial services to retail clients:
(i) dealing in a financial product by issuing derivatives;
(ii) making a market for derivatives; and
(b) the entity is not a body regulated by APRA or a participant in a clearing and settlement facility.
Entity metric
(2) The leviable entity's entity metric for the sub-sector for the financial year is the number of days in the financial year on which the entity holds a licence of the kind mentioned in subsection (1).