Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This determination relates to a levy imposed by the Authorised Deposit Taking Institutions Supervisory Levy Imposition Act 1998 on authorised deposit taking institutions (ADIs).
Administered by: Treasury
Registered 04 Jul 2016
Tabling HistoryDate
Tabled HR30-Aug-2016
Tabled Senate30-Aug-2016
Date of repeal 01 Jul 2017
Repealed by Authorised Deposit-taking Institutions Supervisory Levy Imposition Determination 2017
Table of contents.

Commonwealth Coat of Arms

 

 

Authorised Deposit‑taking Institutions Supervisory Levy Imposition Determination 2016

I, Scott Morrison, Treasurer, make the following determination under subsection 7(3) of the Authorised Deposit‑taking Institutions Supervisory Levy Imposition Act 1998.

Dated: 28 June 2016

 

 

 

Scott Morrison                                

Treasurer

 

  

  

  


Contents

1............ Name of determination.................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Repeal............................................................................................................................ 1

5............ Definitions..................................................................................................................... 1

6............ Amount of levy............................................................................................................. 3

7............ ADI’s levy base—ADI other than a provider of purchased payment facilities.............. 3

8............ ADI’s levy base—provider of purchased payment facilities......................................... 4

 


1  Name of determination

                   This determination is the Authorised Deposit‑taking Institutions Supervisory Levy Imposition Determination 2016.

2  Commencement

                   This determination commences on 1 July 2016.

3  Authority

                   This determination is made under subsection 7(3) of the Authorised Deposit‑taking Institutions Supervisory Levy Imposition Act 1998.

4  Repeal

                   The Authorised Deposit‑taking Institutions Supervisory Levy Imposition Determination 2015 is repealed.

5  Definitions

             (1)  In this determination:

2016‑2017 financial year means the financial year commencing on 1 July 2016.

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

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.

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

Form ARF 320.0 means the form titled “ARF 320.0 Statement of Financial Position (Domestic Books)”, which is part of Reporting Standard ARS 320.0.

Form ARF 323.0 means the form titled “ARF 323.0 Statement of Financial Position (Licensed ADI)”, which is part of Reporting Standard ARS 323.0.

provider of purchased payment facilities means an ADI that:

                     (a)  engages in the provision of one or more purchased payment facilities in circumstances in which at least one 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 the Reporting Standard ARS 320.0 Statement of Financial Position (Domestic Books), which is:

                     (a)  in the Schedule to the Financial Sector (Collection of Data) (reporting standard) determination No. 30 of 2008—Reporting standard ARS 320.0 Statement of Financial Position (Domestic Books); and

                     (b)  made under section 13 of the Financial Sector (Collection of Data) Act 2001.

Reporting Standard ARS 323.0 means the Reporting Standard ARS 323.0 Statement of Financial Position (Licensed ADI), which is:

                     (a)  in the Schedule to the Financial Sector (Collection of Data) (reporting standard) determination No. 40 of 2008—Reporting standard ARS 323.0 Statement of Financial Position (Licensed ADI); and

                     (b)  made under section 13 of the Financial Sector (Collection of Data) Act 2001.

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 2016 to 30 June 2016—31 March 2016; and

                     (b)  for an ADI that was an ADI for some, but not all, of the period from 17 March 2016 to 30 June 2016—the day, after 17 March 2016, on which it became an ADI; and

                     (c)  for an ADI that became an ADI after 30 June 2016—the day on which it became an ADI.

Note:          ADI is defined in section 5 of the Act.

             (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.


 

6  Amount of levy

                   For paragraphs 7(3)(a), (b), (c) and (ca) of the Act, an item in the following table sets out, for the 2016‑2017 financial year, the following for the class of ADI mentioned in the item:

                     (a)  the maximum and minimum restricted levy amounts;

                     (b)  the restricted and unrestricted levy percentages.

 

Amount of levy

Item

ADI

Maximum restricted levy amount ($)

Minimum restricted levy amount ($)

Restricted levy percentage

Unrestricted levy percentage

1

Foreign ADI

1 225 000

6 000

0.00196

0.001012

2

Provider of purchased payment facilities

1 225 000

10 300

0.00196

0.001012

3

ADI not mentioned in item 1 or 2

2 450 000

6 000

0.00392

0.001012

7  ADI’s levy base—ADI other than a 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 provider of purchased payment facilities, is to be worked out using the following table and subsections (2) to (5).

 

ADI’s levy base—ADI other than a provider of purchased payment facilities

Item

If the ADI …

the ADI’s levy base is …

1

(a) was an ADI at all times from 17 March 2016 to 30 June 2016; and

(b) was required to give information using Form ARF 320.0 for a reporting period ending during the period from 17 March 2016 to 14 April 2016

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 2016 to 30 June 2016; and

(b) was required to give information using Form ARF 323.0 for a reporting period ending during the period from 17 March 2016 to 14 April 2016

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

 

             (2)  Subsection (3) applies to an ADI that:

                     (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 for the ADI.

             (3)  The ADI’s levy base is the sum of the values of the following assets of the ADI as at the valuation day for the ADI, 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.

             (4)  Subsection (5) applies to an ADI that:

                     (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 for the ADI.

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

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 value of the assets of the provider as at the valuation day, worked out in the same way as for item 11 Total assets in Form ARF 323.0.