Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2013 (Revised)

Administered by Department of the Treasury

Legislation au F2014L00858 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2013 (Revised)

Subsection 50(1) of the Australian Prudential Regulation Authority Act 1998 (APRA Act) requires the Minister, by legislative instrument, to make a determination on the amount of levy (as defined under subsection 50(6)) that is to be available to cover the costs to the Commonwealth of providing market integrity and consumer protection functions for prudentially regulated institutions, administering the function of making determinations about the release on compassionate grounds of benefits that are in a superannuation entity or retirement savings account, and implementing the SuperStream measures. This can be done either by specifying one retainable amount or by specifying a retainable amount for each class of levy.  Under subsection 50(1A) the Minister may also specify the proportion of levy revenue paid to the Australian Prudential Regulation Authority (APRA) that is to be credited to the APRA Special Account.

This determination is taken to commence 1 July 2013 and relates to the 201314 financial year.  The Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2013 is in effect revoked on 1 July 2013. This retrospective determination is consistent with section 12(2) of the Legislative Instruments Act 2003. It does not affect the rights of, or impose liabilities on, any person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date of registration.

The determination will commence before it is registered.  Commencement prior to registration, however, does not disadvantageously affect the rights of any person as at the date of registration or impose any liability on any person in respect of anything done or omitted to be done before the date of registration.  Commencement prior to registration is therefore consistent with subsection 12(2) of the Legislative Instruments Act 2003.

This determination states the amount of levy revenue allocated under each of the various levy imposition Acts to the Australian Securities and Investments Commission (ASIC), the Australian Taxation Office (ATO), the Department of Human Services (DHS), for the implementation of the SuperStream measures in 201314. Funds are allocated to ASIC and ATO activities in so far as those agencies provide, on behalf of the Commonwealth, relevant market integrity and consumer protection functions for prudentially regulated institutions; and to DHS in administering the function of making determinations about the release on compassionate grounds of benefits that are in a superannuation entity or retirement savings account.  They will contribute towards the costs of ASIC, ATO and DHS undertaking those functions.

It also includes an amount of levy revenue collected to reimburse the Commonwealth for capital provided to APRA in order to implement the Stronger Super – MySuper reforms in 2012-13 and 2013-14 and to sustain APRA’s overall capacity in 2013-14. The return of these amounts to the Commonwealth was not reflected in the repealed Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2013. 

The amount allocated to activities undertaken by ASIC, ATO, DHS, the implementation of the SuperStream measures under each of the financial sector levy imposition Acts is equal to
$149 100 000 in 2013-14.

This determination states that under subsection 50(1A) of the APRA Act, the proportion of amounts of levy money paid to Australian Prudential Regulation Authority (APRA), on behalf of the Commonwealth for 2013-14, that is to be credited to the APRA Special Account on an ongoing basis is 42.4 per cent.

ASIC, ATO and DHS have been consulted on the amounts of levy revenue allocated.

The Office of Best Practice Regulation has previously advised that a Regulatory Impact Statement is not required as supervisory levies are considered machineryofgovernment in nature. 

This determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out in Attachment 1.


Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2013(Revised)

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

Subsection 50(1) of the Australian Prudential Regulation Authority Act 1998 enables the Minister to make a determination on the amount of levy (as defined under subsection 50(6)) that is to be available to cover the costs to the Commonwealth of:

                 providing market integrity and consumer protection functions for prudentially regulated institutions;

                 administering the function of making determinations about the release on compassionate grounds of benefits that are in a superannuation entity or retirement savings account;

                 implementing the SuperStream measures..

This can be done either by specifying one retainable amount or by specifying a retainable amount for each class of levy. 

Under subsection 50(1A) the Minister may also specify the proportion of levy revenue paid to the Australian Prudential Regulation Authority (APRA) that is to be credited to the APRA Special Account.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Overview

The Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2013 (Revised) was enacted to address the allocation of funds collected through financial sector levies to cover the Commonwealth's costs related to market integrity and consumer protection functions for prudentially regulated institutions, the administration of compassionate release benefits in superannuation entities, and the implementation of SuperStream measures. This legislative instrument was made under the authority of the Australian Prudential Regulation Authority Act 1998 and aims to ensure that the necessary funds are available to support these functions. The revised determination allocates specific amounts of levy revenue to the Australian Securities and Investments Commission, the Australian Taxation Office, and the Department of Human Services to cover their costs in fulfilling these roles, as well as to reimburse the Commonwealth for capital provided to the Australian Prudential Regulation Authority for the implementation of Stronger Super reforms and to sustain its overall capacity. The determination also specifies the proportion of levy revenue to be credited to the APRA Special Account. The revised determination was created in accordance with the Legislative Instruments Act 2003 and is considered compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms. The revised determination ensures that the Commonwealth's costs related to these functions are covered by allocating funds collected through financial sector levies, and it provides for the return of amounts to the Commonwealth that were not reflected in the repealed Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2013. The determination has been made in consultation with the relevant agencies and does not affect the rights of, or impose liabilities on, any person other than the Commonwealth or an authority of the Commonwealth in respect of anything done or omitted to be done before the date of registration.

Scope and Application

The Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2013 (Revised) applies to the allocation of levy revenue collected from prudentially regulated institutions to cover the Commonwealth's costs associated with market integrity, consumer protection, and other specified functions. This determination is made under the authority provided by subsection 50(1) of the Australian Prudential Regulation Authority Act 1998 (APRA Act) and relates to the financial year 2013-14. The levy revenue is allocated to the Australian Securities and Investments Commission (ASIC), the Australian Taxation Office (ATO), and the Department of Human Services (DHS) to fund their activities in providing market integrity and consumer protection functions, administering compassionate release of benefits from superannuation entities or retirement savings accounts, and implementing the SuperStream measures. Additionally, it allocates funds to reimburse the Commonwealth for capital provided to APRA to implement the Stronger Super – MySuper reforms and sustain APRA's capacity. The proportion of levy revenue paid to APRA that is credited to the APRA Special Account is specified as 42.4 per cent. The determination does not affect any rights or liabilities of persons other than the Commonwealth or its authorities concerning actions taken prior to its registration, in accordance with the Legislative Instruments Act 2003.

Key Provisions

The Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2013 (Revised) primarily sets out the allocation of levy revenue to cover the Commonwealth’s costs related to specific functions, as mandated under subsection 50(1) of the Australian Prudential Regulation Authority Act 1998 (APRA Act). Section 1 of the Determination specifies that the levy revenue for the 2013-14 financial year is to be allocated to the Australian Securities and Investments Commission (ASIC), the Australian Taxation Office (ATO), and the Department of Human Services (DHS). This allocation is to support the functions of providing market integrity and consumer protection for prudentially regulated institutions, administering compassionate releases of benefits from superannuation entities or retirement savings accounts, and implementing SuperStream measures. It also includes an amount to reimburse the Commonwealth for capital provided to the Australian Prudential Regulation Authority (APRA) to implement the Stronger Super – MySuper reforms and to sustain APRA’s capacity. Under this Determination, the Minister is also required to specify the proportion of the levy revenue paid to APRA that is to be credited to the APRA Special Account, as stipulated in subsection 50(1A) of the APRA Act. Section 2 of the Determination specifies that 42.4 per cent of the levy revenue paid to APRA for 2013-14 is to be credited to the APRA Special Account. This allocation ensures that a portion of the collected levies is retained to support APRA’s operational needs and specific initiatives. The obligations imposed by this Determination are primarily on the Commonwealth and its relevant authorities, including ASIC, ATO, DHS, and APRA. These entities must ensure that the allocated funds are used in accordance with the specified purposes. Additionally, the Determination requires that the specified proportions of the levy revenue are credited to the APRA Special Account as mandated. Compliance with these provisions is essential to ensure that the Commonwealth’s costs are adequately covered and that the intended functions are effectively supported. Failure to comply with the provisions of this Determination may result in financial discrepancies and could potentially undermine the intended regulatory and administrative functions. While the Determination itself does not explicitly outline specific penalties for non-compliance, breaches of the APRA Act or related legislation could result in civil or criminal penalties. For instance, under the APRA Act, penalties for non-compliance can include substantial fines and, in severe cases, imprisonment. Therefore, adherence to the Determination is crucial for maintaining the integrity and efficiency of the financial regulatory framework in Australia.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.