Document ID: chunk:federal_register_of_legislation:F2023L01163:body:0:p8
Version: federal_register_of_legislation:F2023L01163
Segment Type: other
Provision Reference: 
Character Range: 17598–20458

custodial or depository services revenue means, in relation to a financial services licensee, the aggregate of the licensee's:
(a) estimate of the revenue attributable to custodial or depository services provided by the licensee and its related bodies corporate for the current financial year to date; and
(b) forecast of such revenue for the remainder of the financial year;
determined on the basis that such revenue must at least include the cost of providing those services.
eligible custodian means:
(a) an Australian ADI; or
(b) a market participant or a clearing participant; or
(c) a sub-custodian appointed by a person referred to in paragraph (a) or (b).
eligible provider means:
                  (a)          an Australian ADI; or
                  (b)          the government of the Commonwealth or of a State or Territory government or the government of a country that is a member of the Organisation for Economic Co-operation and Development or an agency or instrumentality of such a government; or
                  (c)           a foreign deposit-taking institution:
(i) that is regulated by a regulator approved in writing by ASIC for this purpose; or
(ii) approved in writing by ASIC for this purpose; or
                  (d)          an Australian CS facility licensee within the meaning of section 761A; or
                  (e)          an entity approved by ASIC in writing for the purpose of this paragraph.
eligible undertaking means, in relation to a financial services licensee:
(a) an enforceable and unqualified undertaking by an eligible provider, expressed to be irrevocable without the written consent of ASIC, to pay, on written demand by the licensee, a certain amount (disregarding any part previously paid or any amount that would be repayable as a liability by the licensee if money were paid); or
(b) an undertaking approved in writing by ASIC as an eligible undertaking.
excluded assets means, in relation to a financial services licensee:
(a) intangible assets (including, for the avoidance of doubt, a deferred tax asset) other than a right-of-use asset arising under a lease; and
(b) receivables from, or assets invested in, any person who:
(i) is an associate of the licensee; or
(ii) was an associate of the licensee at the time the liability was incurred or the investment was made; or
(iii) became liable to the licensee in connection with the acquisition of interests in a managed investment scheme operated by the licensee; and
(c) assets that are:
(i) held as a beneficial interest or an interest in a managed investment scheme; or
(ii) shares held in a CCIV; or
(iii) invested in a superannuation product;
                  in respect of which the licensee or an associate may exercise any form of power or control; and
(d) receivables from a trustee of a trust in respect of which the licensee or an associate