Federal Register of Legislation - Australian Government

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Determinations/Other as made
This Determination relates to a levy imposed by the Authorised Deposit-taking Institutions Supervisory Levy Imposition Act 1998 for the financial year 2011-12.
Administered by: Treasury
Registered 29 Jun 2011
Tabling HistoryDate
Tabled HR04-Jul-2011
Tabled Senate04-Jul-2011
Date of repeal 01 Jul 2012
Repealed by Authorised Deposit-taking Institutions Supervisory Levy Imposition Determination 2012

Authorised Deposit-taking Institutions Supervisory Levy Imposition Determination 20111

Authorised Deposit-taking Institutions Supervisory Levy Imposition Act 1998

I, BILL SHORTEN, Minister for Financial Services and Superannuation, make this Determination under subsection 7 (3) of the Authorised Deposit‑taking Institutions Supervisory Levy Imposition Act 1998.

Dated 23 June 2011

BILL SHORTEN


1              Name of Determination

                This Determination is the Authorised Deposit-taking Institutions Supervisory Levy Imposition Determination 2011.

2              Commencement

                This Determination commences on the day after it is registered.

3              Revocation

                The Authorised Deposit-taking Institutions Supervisory Levy Imposition Determination 2010 is revoked on 1 July 2011.

4              Interpretation

         (1)   In this Determination:

2011–2012 financial year means the financial year commencing on 1 July 2011.

Act means the Authorised Deposit-taking Institutions Supervisory Levy Imposition Act 1998.

ADI means an authorised deposit-taking institution.

ARS 320.0 entity means an entity mentioned in paragraph 2 of Reporting Standard ARS 320.0 as an entity to which that Reporting Standard applies.

FHSA has the same meaning as in the First Home Saver Accounts Act 2008.

foreign ADI has the same meaning as in section 5 of the Banking Act 1959.

Form ARF 320.0 means Form ARF 320.0, which forms part of Reporting Standard ARS 320.0.

Form ARF 323.0 means Form ARF 323.0, which forms part of Reporting Standard ARS 323.0.

provider of purchased payment facilities means an ADI that:

                (a)    engages in the provision of 1 or more purchased payment facilities in circumstances in which at least 1 of the facilities is of the kind described in regulation 3 of the Banking Regulations 1966; and

               (b)    does not otherwise carry on banking business within the meaning of section 5 of the Banking Act 1959.

purchased payment facility has the same meaning as in the Payment Systems (Regulation) Act 1998.

reporting period, in relation to an ADI, means the reporting period that applies to the ADI under:

                (a)    paragraph 5 or 6 of Reporting Standard ARS 320.0; or

               (b)    paragraph 5 or 6 of Reporting Standard ARS 323.0.

Reporting Standard ARS 320.0 means Reporting Standard ARS 320.0 Statement of Financial Position (Domestic Books), made under section 13 of the Financial Sector (Collection of Data) Act 2001.

Reporting Standard ARS 323.0 means Reporting Standard ARS 323.0 Statement of Financial Position (Licensed ADI), made under section 13 of the Financial Sector (Collection of Data) Act 2001.

specialist credit card institution means an ADI that:

                (a)    engages in credit card issuing or credit card acquiring, or both; and

               (b)    does not otherwise carry on banking business within the meaning of section 5 of the Banking Act 1959.

valuation day, in relation to an ADI, means:

                (a)    for an ADI that was an ADI at all times during the period from 17 March 2011 to 30 June 2011 — 31 March 2011; and

               (b)    for an ADI that was an ADI for some, but not all, of the period from 17 March 2011 to 30 June 2011 — the day, after 17 March 2011, on which it became an ADI; and

                (c)    for an ADI that became an ADI after 30 June 2011 — the day on which it became an ADI.

         (2)   In this Determination, a reference to a period from a specified date to another specified date is a reference to a period that includes both of those dates.

5              Amount of levy

                For paragraphs 7 (3) (a), (b), (c) and (ca) of the Act, the table sets out matters for the 2011–2012 financial year.

Item

ADI

Maximum restricted levy amount ($)

Minimum restricted levy amount ($)

Restricted levy percentage

Unrestricted levy percentage

1

Foreign ADI

850 000

470

0.00198

0.000573

2

Specialist credit card institution

850 000

10 000

0.00198

0.000573

3

Provider of purchased payment facilities

850 000

10 000

0.00198

0.000573

4

ADI not mentioned in item 1, 2 or 3

1 700 000

470

0.00396

0.000573

6              ADI’s levy base — ADI other than a specialist credit card institution or provider of purchased payment facilities

         (1)   For paragraph 7 (3) (d) of the Act, the ADI’s levy base of an ADI, other than a specialist credit card institution or provider of purchased payment facilities, is to be worked out using the table and subsections (2) and (3).

Item

If the ADI …

the ADI’s levy base is …

1

(a)  was an ADI at all times from 17 March 2011 to 30 June 2011; and

(b)  was required to give information using Form ARF 320.0 for a reporting period ending during the period from 17 March 2011 to 14 April 2011

the sum of the amounts required to be reported in the following items in that Form:

   (a)  item 10 Total assets;

  (b)  item 11.2 Australian ADI operations: Total amount due from non‑residents (excluding intra‑company transactions);

   (c)  item 11.3 Australian ADI operations: Total amount due from overseas operations of the ADI

2

(a)  was an ADI at all times from 17 March 2011 to 30 June 2011; and

(b)  was required to give information using Form ARF 323.0 for a reporting period ending during the period from 17 March 2011 to 14 April 2011

the amount required to be reported in item 11 Total assets in that Form

         (2)   If the ADI:

                (a)    is not described in items 1 and 2 of the table in subsection (1); and

               (b)    was an ARS 320.0 entity on the valuation day;

the ADI’s levy base is the sum of the values of the following assets of the ADI as at the valuation day, with the values of those assets being worked out in the same way as for the corresponding items in Form ARF 320.0:

                (c)    item 10 Total assets;

               (d)    item 11.2 Australian ADI operations: Total amount due from non‑residents (excluding intra‑company transactions);

                (e)    item 11.3 Australian ADI operations: Total amount due from overseas operations of the ADI.

         (3)   If the ADI:

                (a)    is not described in items 1 and 2 of the table in subsection (1); and

               (b)    was not an ARS 320.0 entity on the valuation day;

the ADI’s levy base is the value of the ADI’s assets as at the valuation day, worked out in the same way as for item 11 Total assets in Form ARF 323.0.

7              ADI’s levy base — specialist credit card institution

         (1)   For paragraph 7 (3) (d) of the Act, the ADI’s levy base of a specialist credit card institution is to be worked out using subsections (2) and (3).

         (2)   If the institution:

                (a)    was an ADI at all times from 17 March 2011 to 30 June 2011; and

               (b)    was required to lodge Form ARF 323.0 for a reporting period ending during the period from 17 March 2011 to 14 April 2011;

the ADI’s levy base is the sum of the amounts required to be reported in the following items in that Form:

                (c)    item 6.1.3 Credit cards (under item 6.1 Loans to Households);

               (d)    item 6.2.5.2 of which: Credit cards (under item 6.2 Commercial Lending and item 6.2.5 Total commercial lending).

         (3)   If subsection (2) does not apply to the institution, the ADI’s levy base is the sum of the values of the household credit card loan assets and the commercial credit card loan assets of the institution as at the valuation day, with the values of those assets being worked out in the same way as for the following items in Form ARF 323.0:

                (a)    item 6.1.3 Credit cards (under item 6.1 Loans to Households);

               (b)    item 6.2.5.2 of which: Credit cards (under item 6.2 Commercial Lending and item 6.2.5 Total commercial lending).

8              ADI’s levy base — provider of purchased payment facilities

                For paragraph 7 (3) (d) of the Act, the ADI’s levy base of a provider of purchased payment facilities is the sum of the values of the following assets of the provider as at the valuation day, with the values of those assets being worked out in the same way as for the corresponding items in Form ARF 320.0:

                (a)    item 10 Total assets;

               (b)    item 11.2 Australian ADI operations: Total amount due from non‑residents (excluding intra‑company transactions);

                (c)    item 11.3 Australian ADI operations: Total amount due from overseas operations of the ADI.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.