Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2018

Administered by Department of the Treasury

Legislation au F2018L00992 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2018

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) of the APRA Act) 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

                 governing and maintaining the superannuation transaction network.

This can be done either by specifying one retainable amount (under paragraph 50(1)(a) of the APRA Act) or by specifying a retainable amount for each class of levy (under paragraph 50(1)(b) of the APRA Act).

This determination commences on 1 July 2018 and relates to the 201819 financial year. The Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2017 (Revised) is repealed upon commencement of this determination. Consistent with section 7 of the Acts Interpretation Act 1901, any obligation or liability incurred in previous financial years remains valid.

The determination commences, or is taken to have commenced, before it is registered. However, commencement prior to registration 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 subsections 12(2) and 12(3) of the Legislation Act 2003.

This determination states the amount of levy revenue for 2018-19 that is allocated under each of the various levy imposition Acts to:

                 the Australian Securities and Investments Commission (ASIC);

                 the Australian Taxation Office (ATO);

                 the Australian Competition and Consumer Commission (ACCC); and

                 The Gateway Network Governance Body Ltd (GNGB).

These 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; to ACCC in investigating specific competition issues in Australia’s financial system; and to GNGB in promoting the efficiency and effectiveness of the Superannuation Transaction Network. The funds will contribute towards the costs of ASIC, ATO, ACCC and GNGB undertaking those functions.

The following table details the amounts allocated to activities undertaken by ASIC, ATO, ACCC and GNGB under each of the financial sector levy imposition Acts.

Item

Matter

Amount ($)

Purpose of amount

1

Amount of the levy money payable to the Commonwealth under the Authorised Deposittaking Institutions Supervisory Levy Imposition Act 1998

 $13 800 000

$10 600 000 of the amount is for the Australian Securities and Investments Commission, in so far as it provides, on behalf of the Commonwealth, market integrity and consumer protection functions for prudentially regulated institutions

$3 200 000 of the amount is for the Australian Competition and Consumer Commission to investigate specific competition issues in Australia's financial system

2

Amount of the levy money payable to the Commonwealth under the General Insurance Supervisory Levy Imposition Act 1998

$4 800 000

For the Australian Securities and Investments Commission, in so far as it provides, on behalf of the Commonwealth, market integrity and consumer protection functions for prudentially regulated institutions

3

Amount of the levy money payable to the Commonwealth under the Life Insurance Supervisory Levy Imposition Act 1998

$3 600 000

For the Australian Securities and Investments Commission, in so far as it provides, on behalf of the Commonwealth, market integrity and consumer protection functions for prudentially regulated institutions

4

Amount of the levy money payable to the Commonwealth under the Superannuation Supervisory Levy Imposition Act 1998

$49 600 000

$16 500 000 of the amount is for the Australian Securities and Investments Commission, in so far as it provides, on behalf of the Commonwealth, market integrity and consumer protection functions for prudentially regulated institutions

$31 000 000 of the amount is for the Australian Taxation Office, in so far as it provides, on behalf of the Commonwealth, market integrity and consumer protection functions for prudentially regulated institutions

 

 

 

$600 000 of the amount is for the Gateway Network Governance Body Ltd measure

$1 500 000 of the amount is for prior year under-collection

 

The finance sector has been consulted on the 201819 supervisory levies, through a Treasury and APRA discussion paper released on the Treasury website on 11 May 2018. Six submissions were received during the consultation process, none of which related specifically to the methodology for this determination.

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 Legislation 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 2018

 

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 requires 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; and

                 governing and maintaining the superannuation transactions network.

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

 

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 2018 was enacted to specify the amount of levy revenue available for the 2018-19 financial year to cover the Commonwealth's costs associated with providing market integrity and consumer protection functions for prudentially regulated institutions, administering the release of superannuation benefits on compassionate grounds, and governing and maintaining the superannuation transaction network. This determination is made under subsection 50(1) of the Australian Prudential Regulation Authority Act 1998 (APRA Act) and was issued by the Minister as a legislative instrument. The policy objective is to allocate funds to relevant agencies such as the Australian Securities and Investments Commission, the Australian Taxation Office, the Australian Competition and Consumer Commission, and The Gateway Network Governance Body Ltd to support their activities in these areas. The determination details the specific amounts allocated to each agency for their respective functions, ensuring that the necessary funds are available to effectively carry out these critical oversight roles.

Scope and Application

The Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2018 is a legislative instrument made under subsection 50(1) of the Australian Prudential Regulation Authority Act 1998 (APRA Act), which requires the Minister to determine the amount of levy to be available to cover specific Commonwealth costs related to prudential regulation. This determination applies to the financial year 2018-19 and allocates funds derived from financial sector levies to cover the costs incurred by the Australian Securities and Investments Commission (ASIC), the Australian Taxation Office (ATO), the Australian Competition and Consumer Commission (ACCC), and The Gateway Network Governance Body Ltd (GNGB) in their respective roles. Specifically, the funds are allocated to support ASIC and ATO activities related to market integrity and consumer protection functions for prudentially regulated institutions, ACCC's role in investigating competition issues in the financial system, and GNGB's function of promoting the efficiency and effectiveness of the Superannuation Transaction Network. The funds are derived from various financial sector levy imposition Acts, including the Authorised Deposit-taking Institutions Supervisory Levy Imposition Act 1998, the General Insurance Supervisory Levy Imposition Act 1998, the Life Insurance Supervisory Levy Imposition Act 1998, and the Superannuation Supervisory Levy Imposition Act 1998. The determination also includes a statement of compatibility with human rights, affirming that it does not engage any applicable rights or freedoms under the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2018 (section 50(1) of the Australian Prudential Regulation Authority Act 1998, or APRA Act) specifies the levy amounts for the 2018-19 financial year to cover the Commonwealth's costs associated with market integrity and consumer protection functions for prudentially regulated institutions, administering the release of benefits on compassionate grounds, and governing the superannuation transaction network. This determination outlines the allocation of these levies among the Australian Securities and Investments Commission (ASIC), the Australian Taxation Office (ATO), the Australian Competition and Consumer Commission (ACCC), and The Gateway Network Governance Body Ltd (GNGB). The levies are apportioned to support specific activities undertaken by these agencies, including market integrity and consumer protection functions, investigations into competition issues, and the promotion of the efficiency and effectiveness of the Superannuation Transaction Network. The determination outlines the obligations and requirements placed on the relevant agencies and entities, specifying the exact amounts allocated for their activities. For instance, the Australian Securities and Investments Commission is allocated funds to support its market integrity and consumer protection functions, while the Australian Taxation Office is allocated funds to provide similar functions for prudentially regulated institutions. The Australian Competition and Consumer Commission is tasked with investigating specific competition issues within Australia's financial system, and The Gateway Network Governance Body Ltd is allocated funds to promote the efficiency and effectiveness of the Superannuation Transaction Network. These allocations ensure that each agency has the necessary resources to effectively carry out their respective functions. The determination also provides clarity on the legal framework governing these levies. It specifies that the determination commences on 1 July 2018 and replaces the Australian Prudential Regulation Authority (Commonwealth Costs) Determination 2017 (Revised). This commencement date means that any obligations or liabilities incurred in previous financial years remain valid, ensuring continuity and legal certainty for the financial sector. Additionally, the determination notes that any commencement prior to registration does not adversely affect the rights of any person or impose any liability for actions taken before registration, consistent with the Legislation Act 2003. This provision helps to maintain the integrity and enforceability of the determination without causing undue hardship to affected parties. In terms of penalties and consequences for non-compliance, the determination does not explicitly state penalties for breach. However, under the broader legislative framework, breaches of financial sector regulations can lead to significant civil and criminal penalties. For example, individuals and entities found in breach of financial sector laws can face substantial fines and, in some cases, imprisonment. The specific penalties depend on the nature and severity of the breach, as outlined in the relevant financial sector legislation. The Australian Securities and Investments Commission, Australian Taxation Office, Australian Competition and Consumer Commission, and The Gateway Network Governance Body Ltd all have the authority to enforce compliance and impose penalties where necessary, ensuring that the regulatory framework is effectively upheld.

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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.