Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (FINANCIAL ASSISTANCE FUNDING) LEVY REGULATIONS 2003 2003 NO. 182

Statutory Rules 2003 No. 182

Minute No. of 2003 - Minister for Revenue and Assistant Treasurer

Subject -       Superannuation (Financial Assistance Funding) Levy Act 1993

Financial Institutions Supervisory Levies Collection Act 1998

Superannuation (Financial Assistance Funding) Levy Regulations 2003

The Superannuation (Financial Assistance Funding) Levy Act 1993 (the Levy Act) provides for the imposition of levies on regulated superannuation funds and approved deposit funds to recoup the amount of grants of financial assistance made under Part 23 of the Superannuation Industry (Supervision) Act 1993 (the SIS Act) to superannuation funds that have suffered loss as a result of fraudulent conduct or theft. The Financial Institutions Supervisory Levies Collection Act 1998 (the Levies Collection Act) provides for the collection of levies imposed under the Levy Act and certain other Acts.

Section 10 of the Levy Act and section 29 of the Levies Collection Act provide that the Governor-General may make regulations prescribing matters required or permitted by the Acts to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Acts.

In the 2001-02 financial year, I made 180 determinations to grant financial assistance. The total amount of financial assistance granted was $11,071,977.

Section 6 of the Levy Act provides that in such circumstances the regulations may impose a levy or levies on each fund other than those to which grants under Part 23 of the SIS Act were made during the year in question. Such regulations must specify the funds in respect of which determinations to grant assistance were made and the proportion of the levy that each fund represents. Each levy must be identified in the regulations by a unique number and the regulations may specify a maximum and/or a minimum amount of levy.

Section 7 of the Levy Act provides that the rate, minimum amount and maximum amount of a levy or levies are to be fixed on the basis that the amount of revenue to be raised because of the same grants of financial assistance is not to exceed the amount needed for the Commonwealth to recoup the amount of that financial assistance. Section 7 of the Levy Act also provides that the levy rate of a levy or levies should not exceed 0.05% of the sum of the values at the end of the previous financial year of all the assets of the funds on which the levy or levies are imposed.

Section 8 of the Levy Act specifies the formula to be used in working out the amount of a levy imposed on a fund. The applicable rate must not exceed 0.0005.

Section 19 of the Levies Collection Act provides that a levy payable by a fund is due on a date specified in the regulations and that the date must not be earlier than the 28th day after the day on which those regulations took effect.

The purpose of the regulations is to impose a levy on regulated superannuation funds and approved deposit funds, other than self managed superannuation funds and levy exempt funds, to recoup the total amount of financial assistance granted under Part 23 of the SIS Act in the 2001-02 financial year. The regulations specify the funds for which determination was made to grant financial assistance in 2001-02 and the proportion of the levy that each fund represents, and exempt those funds from the levy. The unique number of the regulations is Superannuation (Financial Assistance Funding) Levy No. 2001-2002: 1.

In the regulations, the applicable rate (0.000083), the maximum amount of levy ($33,000) and the minimum amount of levy ($100) are fixed on the basis that the amount of revenue that would be raised by the levy would not exceed the amount needed for the Commonwealth to recoup the amount of financial assistance granted in the 2001-02 financial year.

The Levy and Levies Collection Acts do not impose any conditions that need to be met before the power to make the regulations may be exercised.

The regulations commenced on gazettal and provide for the levy to be due and payable on 31 August 2003.

Authority:       Section 10 of the Superannuation (Financial Assistance Funding) Levy Act 1993

Section 29 of the Financial Institutions Supervisory Levies Collection Act 1998