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FINANCIAL SERVICES COMPENSATION SCHEME OF LAST RESORT LEVY (COLLECTION) ACT 2023 (NO. 45, 2023) - SECT 7

Definitions

                   In this Act:

"accumulation recovery day " has the same meaning as in the Corporations Act 2001 .

"AFCA " (short for the Australian Financial Complaints Authority) has the same meaning as in Chapter 7 of the Corporations Act 2001 .

"AFCA's accumulated unpaid fees " has the same meaning as in the Corporations Act 2001 .

AFCA scheme has the same meaning as in Chapter 7 of the Corporations Act 2001 .

"AFCA's unpaid fees " has the same meaning as in the Corporations Act 2001 .

"amount " includes a nil amount.

"approved form " has the meaning given by section 30.

"ASIC " means the Australian Securities and Investments Commission.

"capital reserve " means an amount equal to $5 million to be applied by the CSLR operator for the purposes mentioned in paragraphs 1069Q(1)(a) to (e) of the Corporations Act 2001 .

"capital reserve establishment contribution " means an amount equal to approximately one third of the capital reserve.

"claims, fees and costs estimate " means an estimate determined under section 9 or 10.

"CSLR operator " has the same meaning as in the Corporations Act 2001 .

first levy period has the same meaning as in the Levy Act.

"late payment penalty " means penalty payable under section 14.

"levy " means levy imposed by the Levy Act.

"Levy Act " means the Financial Services Compensation Scheme of Last Resort Levy Act 2023 .

"levy month " means one of the 12 months of the calendar year.

"levy period " has the same meaning as in the Levy Act.

"offence against this Act " includes an offence against Chapter 7 of the Criminal Code that relates to this Act.

"person " has a meaning affected by sections 26, 27, 28 and 29.

"pre-CSLR complaint " means a complaint that:

                     (a)  is for AFCA to finalise (including by making a determination); and

                     (b)  is given to AFCA before the accumulation recovery day; and

                     (c)  is a complaint of a kind covered by paragraph 1065(1)(a) of the Corporations Act 2001 .

Note:          AFCA will have finalised many of these complaints before this Act commences.

"qualifying period " has the same meaning as in the Levy Act.

"relevant AFCA determination " has the same meaning as in the Corporations Act 2001 .

"shortfall penalty " means penalty payable under section 16.

"sub-sector " has the same meaning as in the Levy Act.

   



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