Corporations (Financial Services Compensation Scheme of Last Resort—First Levy Period Cost Estimates) Determination 2024

Administered by Department of the Treasury

Legislation au F2024N00235 In force Notifiable Instrument

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Corporations (Financial Services Compensation Scheme of Last Resort—First Levy Period Cost Estimates) Determination 2024

The Compensation Scheme of Last Resort Limited, operator of the financial services compensation scheme of last resort, makes the following determination.

Dated     14 March 2024

 

Compensation Scheme of Last Resort Limited

Operator of the Financial Services Compensation Scheme of Last Resort

 

 

 

 

Contents

Part 1—Preliminary

1  Name 

2  Commencement

3  Authority

4  Definitions

Part 2—Estimates of cost for first levy period

5  Credit intermediaries sub-sector

6  Credit providers sub-sector

7  Licensed personal advice sub-sector

8  Securities dealers sub-sector

Part 1—Preliminary

 

1  Name

  This instrument is the Corporations (Financial Services Compensation Scheme of Last ResortFirst Levy Period Cost Estimates) Determination 2024.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Corporations Act 2001.

4  Definitions

Note:  Expressions have the same meaning in this instrument as in the Corporations Act 2001 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

  In this instrument:

credit intermediaries sub-sector has the same meaning as in the Financial Services Compensation Scheme of Last Resort Levy Regulations 2023.

credit providers sub-sector has the same meaning as in the Financial Services Compensation Scheme of Last Resort Levy Regulations 2023.

licensed personal advice sub-sector has the same meaning as in the Financial Services Compensation Scheme of Last Resort Levy Regulations 2023.

securities dealers sub-sector has the same meaning as in the Financial Services Compensation Scheme of Last Resort Levy Regulations 2023.

the Act means the Corporations Act 2001.

Part 2—Estimates of cost for first levy period

5  Credit intermediaries sub-sector

  Under subsection 1069M(1) of the Act, for the first levy period and the credit intermediaries sub-sector, the determined estimate is $757,893.66, being the sum of the following specified amounts:

 (a) for the purposes of paragraph 1069M(1)(a) of the Act, the amount of $93,167.27;

 (b) for the purposes of paragraph 1069M(1)(b) of the Act, the amount of $664,726.39, comprising the following amounts:

 (i) $85,658.57 (see subparagraph 1069M(1)(b)(i) of the Act);

 (ii) $416,666.67 (see subparagraph 1069M(1)(b)(ii) of the Act);

 (iii) $162,401.15 (see subparagraph 1069M(1)(b)(iii) of the Act).

6  Credit providers sub-sector

  Under subsection 1069M(1) of the Act, for the first levy period and the credit providers sub-sector, the determined estimate is $739,717.37, being the sum of the following specified amounts:

 (a) for the purposes of paragraph 1069M(1)(a) of the Act, the amount of $3,604.89;

 (b) for the purposes of paragraph 1069M(1)(b) of the Act, the amount of $736,112.48, comprising the following amounts:

 (i) $154,517.41 (see subparagraph 1069M(1)(b)(i) of the Act);

 (ii) $416,666.67 (see subparagraph 1069M(1)(b)(ii) of the Act);

 (iii) $164,928.40 (see subparagraph 1069M(1)(b)(iii) of the Act).

7  Licensed personal advice sub-sector

  Under subsection 1069M(1) of the Act, for the first levy period and the licensed personal advice sub-sector, the determined estimate is $2,426,309.43, being the sum of the following specified amounts:

 (a) for the purposes of paragraph 1069M(1)(a) of the Act, the amount of $422,307.05;

 (b) for the purposes of paragraph 1069M(1)(b) of the Act, the amount of $2,004,002.38, comprising the following amounts:

 (i) $247,747.42 (see subparagraph 1069M(1)(b)(i) of the Act);

 (ii) $416,666.67 (see subparagraph 1069M(1)(b)(ii) of the Act);

 (iii) $1,339,588.29 (see subparagraph 1069M(1)(b)(iii) of the Act).

8  Securities dealers sub-sector

  Under subsection 1069M(1) of the Act, for the first levy period and the securities dealers sub-sector, the determined estimate is $922,563.77, being the sum of the following specified amounts:

 (a) for the purposes of paragraph 1069M(1)(a) of the Act, the amount of $196,904.31;

 (b) for the purposes of paragraph 1069M(1)(b) of the Act, the amount of $725,659.46, comprising the following amounts:

 (i) $139,432.86 (see subparagraph 1069M(1)(b)(i) of the Act);

 (ii) $416,666.67 (see subparagraph 1069M(1)(b)(ii) of the Act);

 (iii) $169,559.93 (see subparagraph 1069M(1)(b)(iii) of the Act).

Overview

The Corporations (Financial Services Compensation Scheme of Last Resort—First Levy Period Cost Estimates) Determination 2024 was enacted to provide specific estimates of the costs for the first levy period of the financial services compensation scheme of last resort, as mandated by the Corporations Act 2001. This determination was made by Compensation Scheme of Last Resort Limited, the operator of the financial services compensation scheme of last resort, and it came into effect on the day after its registration. The primary objective of this determination is to ensure that financial service providers are adequately prepared for the initial costs associated with the compensation scheme. It provides a detailed breakdown of the estimated costs for different sub-sectors, including credit intermediaries, credit providers, licensed personal advice, and securities dealers, thereby facilitating transparency and compliance within the financial services industry.

Scope and Application

The Corporations (Financial Services Compensation Scheme of Last Resort—First Levy Period Cost Estimates) Determination 2024 applies to the Financial Services Compensation Scheme of Last Resort Limited, which operates the financial services compensation scheme of last resort under the Corporations Act 2001. This determination specifically addresses the estimated costs for the first levy period across four sub-sectors: credit intermediaries, credit providers, licensed personal advice, and securities dealers. It sets out detailed cost estimates for each sub-sector, calculated in accordance with the Act. The instrument is made under the authority of the Corporations Act 2001 and includes definitions that align with the meanings provided in the Financial Services Compensation Scheme of Last Resort Levy Regulations 2023. The determination commenced on the day after it was registered and applies nationally, covering all entities within the specified sub-sectors across Australia. The Act does not explicitly mention any exclusions, exemptions, or thresholds within the determination itself, although these may be addressed in related regulations or the Act itself. Any amendments to the determination would be made through subordinate instruments, ensuring consistency with the overarching legislative framework.

Key Provisions

The Corporations (Financial Services Compensation Scheme of Last Resort—First Levy Period Cost Estimates) Determination 2024 (Determination) sets out the estimated costs for the first levy period under the financial services compensation scheme of last resort for four distinct sub-sectors: credit intermediaries, credit providers, licensed personal advice, and securities dealers. These estimates are detailed in sections 5 to 8 of the Determination (sections 5–8). The estimates reflect the amounts required to be levied under the Corporations Act 2001 (Act) for each sub-sector, broken down into components specified by the Act. For example, section 5 specifies an estimate of $757,893.66 for the credit intermediaries sub-sector, comprising $93,167.27 for one component and $664,726.39 for another, which itself is broken down into three further amounts. The Determination imposes obligations on Compensation Scheme of Last Resort Limited, the operator of the financial services compensation scheme of last resort, to levy the specified amounts on entities within the relevant sub-sectors as outlined in sections 5 to 8. This includes calculating the exact amounts based on the detailed breakdowns provided and ensuring that the levies are applied correctly and in a timely manner to the entities involved. The Determination also ensures that these levies are consistent with the provisions of the Corporations Act 2001 and the Financial Services Compensation Scheme of Last Resort Levy Regulations 2023. Failure to comply with the requirements of the Determination could result in civil or criminal penalties under the Corporations Act 2001. For instance, if Compensation Scheme of Last Resort Limited fails to levy the correct amounts, or if it misapplies the funds collected, this could lead to enforcement actions under the Act. The specific penalties for breaches can include fines, imprisonment, or other sanctions as prescribed by the Corporations Act 2001. The maximum penalties for breaches of the Corporations Act 2001 can vary depending on the nature and severity of the breach, but they can include substantial fines for both individuals and corporations, as well as potential imprisonment terms for serious offences.

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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.