EXPLANATORY STATEMENT

Authorised Deposit‑taking Institutions Supervisory Levy Imposition Determination 2009

This determination relates to a levy imposed by the Authorised Deposit‑Taking Institutions Supervisory Levy Imposition Act 1998 on authorised deposit‑taking institutions (ADIs).

This determination commences on 1 July 2009 and relates to the 2009‑10 financial year.  The Authorised Deposit‑Taking Institutions Supervisory Levy Imposition Determination 2008 is revoked upon commencement of this determination.  Consistent with section 50 of the Acts Interpretation Act 1901, any obligation or liability incurred in previous financial years remains valid.

Subsection 7(3) of the Authorised Deposit‑taking Institutions Supervisory Levy Imposition Act 1998 allows the Minister to determine:

(a)           the maximum restricted levy amount for each financial year;

(b)          the minimum restricted levy amount for each financial year;

(c)           the restricted levy percentage for each financial year;

(ca) the unrestricted levy percentage for each financial year; and

(d)          how an authorised deposit‑taking institution’s asset value is to be calculated.

As a consequence of the introduction of the First Home Saver Account (FHSA) last year, there were  amendments to the Authorised Deposit‑taking Institutions Supervisory Levy Imposition Act 1998. One of the amendments establishes that the asset value must exclude an amount equal to the total balances of all FHSAs (within the meaning of the First Home Saver Accounts Act 2008) provided by the ADI. The FHSA provided by an ADI will be subject to a separate levy.

For foreign authorised deposit‑taking institutions this determination provides that the restricted component of the 2009‑10 levy will be calculated at 0.00216 per cent of assets held by the entity, subject to a minimum of $470 and a maximum of $800,000.  The unrestricted component of the 2009-10 levy will be calculated at 0.000415 per cent of assets held by the entity.

For Specialist Credit Card Institutions and Providers of Purchased Payment Facilities this determination provides that the restricted component of the 2009-10 levy will be calculated at 0.00216 per cent of assets held by the entity, subject to a minimum of $10,000 and a maximum of $800,000.  The unrestricted component of the 2009-10 levy will be calculated at 0.000415 per cent of assets held by the entity.

For all other authorised deposit‑taking institutions, this determination provides that the restricted component of the 2009-10 levy will be calculated at 0.00431 per cent of assets held by the entity, subject to a minimum of $470 and a maximum of $1,600,000.  The unrestricted component of the 2009-10 levy will be calculated at 0.000415 per cent of assets held by the entity.

The finance sector has been consulted on the 2009‑10 supervisory levies through a Treasury and Australian Prudential Regulation Authority Consultation Paper released on 10 June 2009.

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