Commonwealth Consolidated Regulations

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FINANCIAL SERVICES COMPENSATION SCHEME OF LAST RESORT LEVY REGULATIONS 2023 - REG 11

Graduated levy component

  (1)   The graduated levy component for a person for a levy period and a sub - sector is the amount worked out using the formula:

Start formula open square bracket sub-sector costs minus open round bracket minimum levy component times sub-sector population close round bracket close square bracket times start fraction graduated entity metric over sub-sector metric end fraction end formula

where:

"graduated entity metric" , for the levy period and the sub - sector, means:

  (a)   unless paragraph   (b) applies--the person's entity metric for the levy period and the sub - sector; or

  (b)   if the sub - sector is the credit providers sub - sector--the difference between:

  (i)   the person's entity metric for the levy period and the sub - sector; and

  (ii)   $100,000,000.

Note:   For the person's entity metric, see section   12.

"sub-sector costs" means the lesser of:

  (a)   the initial claims, fees and costs estimate for the levy period and the sub - sector; and

  (b)   the sub - sector levy cap for the levy period and the sub - sector.

"sub-sector metric" means the sum of the amounts of graduated entity metric for the levy period and the sub - sector for all persons that form part of the sub - sector population.

"sub-sector population" means the difference between:

  (a)   the sub - sector population (within the meaning of section   10 of the ASIC Supervisory Cost Recovery Levy Regulations   2017 ) for the sub - sector:

  (i)   for the financial year that is the qualifying period for the levy period; and

  (ii)   for the purposes of levy of the kind worked out under those regulations; and

  (b)   so many of that population as are not subject to the AFCA scheme at any time during that qualifying period.

  (2)   However, if a component of the formula is nil or a negative amount, the amount of the graduated levy component is nil.



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