What industry need to do each year

If your organisation is regulated by ASIC, you must register and maintain contact details on the ASIC Regulatory Portal. You may also be required to submit business activity metrics via the portal between July and September/October each year.

These metrics are used to calculate the levies for your industry funding levy notices.

For those required to pay a flat levy only, the information you provide will confirm which subsector you have been authorised to operate in. This will allow ASIC to divide costs with the final number of entities authorised to operate in your subsector.

For those paying a graduated levy, the information you provide will confirm your entity's 'share' of the leviable activities in your subsector and will determine your final levy notice amount.

If you miss the deadline and do not submit your business activity metrics, you are still encouraged to register an ASIC Regulatory Portal account for future correspondence with ASIC. It is a criminal offence to fail to comply with the obligation to submit your business activity metrics on ASIC’s Regulatory Portal by the due date. See details on failure to submit business activity metrics.

Small proprietary companies

In most cases, small proprietary companies do not have specific obligations relating to industry funding. ASIC will collect the associated regulatory costs for small proprietary companies through a small increase to their Annual Review Fee.

Registered charities

Charities registered with the Australian Charities and Not-for-profits Commission (ACNC) at 30 June each year are excluded from industry funding obligations and will not receive a levy notice from ASIC.

Individuals acting on behalf of the entity

Only company directors or secretaries can perform initial entity registration in the ASIC Regulatory Portal. Once the director or secretary have registered they can then invite a trusted representative such as a company employee, a compliance officer, or a registered agent to the portal to connect to their entity and assign them required user access to view confidential information and perform regulatory tasks on behalf of the entity.

The director/secretary will only ever have to register and assign access to the trusted representative or registered agent, once for their entity.

The trusted representative or registered agent, will then receive an invitation to the portal for the relevant entity and will be able to perform the required duties on behalf of the entity which they represent, including for example, the submission of industry funding business activity metrics.

I am a securities dealer, how is my business activity metric calculated?

The ASIC Market Integrity Rules (Securities Markets) 2017 require market participants to provide regulatory data to a market operator in an order transmitted to an order book of that market operator. Market participants must also provide this data on a trade report made to a market operator.

Regulatory data includes, amongst other things, the “intermediary ID”. The Australian Financial Services Licence (AFSL) number of an AFSL holder is provided as the intermediary ID for each side (buy and/or sell) of the order or transaction where:

  • The AFSL holder is an automated order processing (AOP) client of the market participant; and
  • The market participant has an arrangement with the AFSL holder under which the AFSL holder submits trading messages into the market participant’s system as intermediary for its own clients.

Regulatory data provided by market participants to market operators is subsequently provided to ASIC for market supervision.

ASIC also determines the volume of trading by each AFSL holder by using intermediary ID data. You should contact the market participant(s) of which you are an AOP client if you require confirmation of the volume of trading reported to ASIC.

Are credit representatives, financial advisers and authorised representatives required to register and submit industry funding metrics?

Only licensees (not their representatives) are required to submit metrics in respect of credit and financial services related activities.  Some representatives may be required to submit information in their capacity as a public company, a large proprietary company, a registered company auditor, registered liquidator or as a market intermediary. 'Regulated entities' are defined under the ASIC Supervisory Cost Recovery Levy Act 2017.

How to submit industry funding business activity metrics in the portal

Last updated: 02/09/2024 02:49