(2) The amount of a leviable entity’s levy component for a financial year in respect of a sub‑sector is: (a) if a provision of Part 3 provides that the basic levy component applies to the sub‑sector for the financial year—the basic levy component for the entity for the sub‑sector for the financial year; or. means the number of days counted for the entity under the pro‑rata provision. Under the guidelines there are two types of cost recovery charges. (a) unless paragraph (b) applies—the number of days in the financial year on which the entity operated the exchange; or. (3) The leviable entity’s entity metric for the sub‑sector for the financial year is the total value of assets in all registrable superannuation entities operated by the entity at the end of the financial year, disregarding any assets that are an interest in another registrable superannuation entity operated by the entity. (2) The amount of a leviable entity’s levy component in respect of the sub‑sector for a financial year is the sum of: (3) The leviable entity’s entity metric for the sub‑sector for the financial year is the sum of the following amounts: (a) the amount of gross revenue received from IDPS activities undertaken under the entity’s licence in the financial year; (b) any amount (to the extent that it is not covered under paragraph (a)) paid or payable in the financial year from the IDPS for the performance of obligations imposed on an entity as an operator of the IDPS (even if those obligations are performed by another entity). (b) if the entity operated 2 or more small futures exchanges in the financial year—the sum of the days worked out under paragraph (a) for each of those exchanges. (1) A leviable entity forms part of the large futures exchange operators sub‑sector in a financial year if, at any time in the financial year, the entity is the operator of a large futures exchange. A leviable entity forms part of the wholesale electricity dealers sub‑sector in a financial year if, at any time in the financial year: (a) the entity incurs liabilities as part of the ordinary business operations of the entity in dealing in, or making a market in, over‑the‑counter derivatives that relate to the wholesale price of electricity; and, (ii) a participant in a financial market; or. (c) if the entity is exempt from the requirement to hold an Australian financial services licence as mentioned in paragraph (1)(a)—disregard a person who satisfies both of the following: (i) the person carried out the activity at a place outside Australia; (ii) the person carried out the activity in relation to a professional investor that was outside Australia. over‑the‑counter, in relation to a financial product, means a financial product that cannot be traded on: (c) a market licensed under subsection 795B(2) of the Corporations Act 2001 that operates as an exchange; or. The basic levy component applies to each sub‑sector specified in a section of Subdivision 3.2. (1) A leviable entity forms part of the over‑the‑counter traders sub‑sector in a financial year if, at any time in the financial year, the entity: (a) holds an Australian financial services licence or is exempt from the requirement to hold such a licence under paragraph 911A(2)(l) or subsection 926A(2) of the Corporations Act 2001 (other than because of an exemption under the ASIC Corporations (Foreign Financial Services Providers—Limited Connection) Instrument 2017/182); and. (b) either or both of the following applies: (i) the entity is a body of the kind mentioned in paragraph 3(2)(c) or (e) of the Australian Prudential Regulation Authority Act 1998; (ii) the entity has entered into an arrangement covered by subsection (2). (b) the entity is not a body regulated by APRA. (1) A leviable entity forms part of the credit providers sub‑sector in a financial year if, at any time in the financial year, the entity holds an Australian credit licence that authorises the holder to engage in credit activities as a credit provider. Editorial changes take effect from the compilation registration date. (2) However, if a component of the formula is nil or a negative amount, the amount of the basic levy component is nil. (b) if the entity operated 2 or more small futures exchanges in the financial year—the sum of the days worked out under paragraph (a) for each of those exchanges. means a college of regulators established for a credit rating agency: (2) Other expressions used in this instrument that are defined in section 9 or 761A of the, (a) the cost of operating the Superannuation Complaints Tribunal (as established under the, (b) the cost of operating the Companies Auditors Disciplinary Board (as established under the, (c) the cost of operating a committee convened under section 40‑45 of Schedule 2 to the, (d) the cost of operating and maintaining a public register kept by ASIC under the, (e) the cost of regulating approved SMSF auditors (within the meaning of the, (a) ASIC is eligible to recover in the 2017‑18 financial year, and later financial years, under item 29 of Schedule 1 to the, For the purposes of paragraph (h) of the definition of, (a) who are persons regulated by ASIC in respect of whom ASIC may exercise a power conferred under section 11 or 12A of the, Levy component for leviable entities that are deregistered, (a) the entity is required to lodge a return relating to the financial year with ASIC under section 11 of the, (i) the entity is deregistered under Part 5A.1 of the. The purpose of the draft Treasury Laws Amendment (ASIC Cost Recovery and Fees) Regulations 2019 is to give effect to Government announcements by amending the ASIC Supervisory Cost Recovery Levy Regulations 2017, the … financial year means a period of 12 months starting on 1 July. (2) This subsection covers an arrangement if: (a) the arrangement is an intermediary authorisation (within the meaning of paragraph 911A(2)(b) of the Corporations Act 2001); and, (b) the product provider mentioned in that paragraph does not hold an Australian financial services licence; and, (i) is authorised by APRA to carry on an insurance business under section 12 of the Insurance Act 1973; or, (ii) is authorised, or is a subsidiary of a body authorised, by APRA to be a non‑operating holding company of a general insurer under section 18 of the Insurance Act 1973; or, (iii) is registered as a life company under the Life Insurance Act 1995; or. Subdivision 6.3—Sub‑sectors to which graduated levy component applies. Accordingly, this compilation does not show the text of the compiled law as modified. (1) A leviable entity forms part of the credit providers sub‑sector in a financial year if, at any time in the financial year, the entity holds an Australian credit licence that authorises the holder to engage in credit activities as a credit provider. 41 Licensees that provide personal advice to only wholesale clients. sub‑sector in a financial year if, at any time in the financial year, the entity is the operator of a small derivatives market. (3) A licensed market is a small securities (self‑listing) exchange, in relation to a financial year, if: (a) the market is not an overseas market; and, (b) only ordinary shares of the market operator can be traded on the market; and. (2) However, if a component of the formula is nil or a negative amount, the amount of the graduated levy component is nil. (c) less than 10 million transactions in ordinary shares of the market operator are entered into on the market in the financial year. Regulations 2001, small markets are grouped into a specific market segment. , in relation to a financial product, means a financial product that cannot be traded on: (c) a market licensed under subsection 795B(2) of the, has the same meaning as in section 761A of the, has the same meaning as in section 9 of the. (b) if the entity also forms part of the responsible entities sub‑sector in the financial year—any assets that are an interest in a registered scheme operated by the entity. (b) the entity does not form part of the insurance product providers sub‑sector (see section 72) in the financial year. (c) are recognised by ASIC’s Market Surveillance System as executed transactions. (c) are recognised by ASIC’s Market Surveillance System as orders or executed transactions. (1) Each section in Subdivisions 4.2 and 4.3 specifies criteria for identifying one or more leviable entities that form part of the sub‑sector mentioned in the section. (3) A leviable entity may form part of 2 or more sub‑sectors in the financial advice sector. (2) Any information in column 3 of the table is not part of this instrument. sub‑sector in a financial year if, at any time in the financial year, the entity operates a licensed derivative trade repository. 33 Traditional trustee company service providers. has the meaning given by subsection 51(3). (1) A leviable entity forms part of the responsible entities sub‑sector in a financial year if, at any time in the financial year, the entity holds an Australian financial services licence that authorises the holder to operate a registered scheme.
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