Commonwealth Numbered Regulations

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FINANCIAL SERVICES COMPENSATION SCHEME OF LAST RESORT LEVY REGULATIONS 2023 (F2023L00989) - 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 p opulation (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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