Financial Services Compensation Scheme of Last Resort Levy (Collection) (Revised Cost Estimates for 2025-26 Levy Period) Determination 2025

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Legislation au F2025N00532 In force Notifiable Instrument

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Financial Services Compensation Scheme of Last Resort Levy (Collection) (Revised Cost Estimates for 2025-26 Levy Period) Determination 2025

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

Dated     1 July 2025

 

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—Revised estimates of claims, fees and costs for 202526 levy period

5 Credit intermediaries sub-sector

6 Excess amount—credit intermediaries sub-sector

7 Credit providers sub-sector

8 Excess amount—credit providers sub-sector

9 Licensed personal advice sub-sector

10 Excess amount—licensed personal advice sub-sector

11 Securities dealers sub-sector

12 Excess amount—securities dealers sub-sector

 

Part 1—Preliminary

 

1  Name

  This instrument is the Financial Services Compensation Scheme of Last Resort Levy (Collection) (Revised Cost Estimates for 2025-26 Levy Period) Determination 2025.

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Note: This table relates only to the provisions of this instrument as originally made.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 Financial Services Compensation Scheme of Last Resort Levy (Collection) Act 2023.

4  Definitions

Note:  Expressions have the same meaning in this instrument as in the Financial Services Compensation Scheme of Last Resort Levy (Collection) Act 2023 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

  In this instrument:

2025-26 levy period means the 12-month period starting from 1 July 2025.

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.

financial services compensation scheme of last resort has the same meaning as in the Corporations Act 2001.

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 Financial Services Compensation Scheme of Last Resort Levy (Collection) Act 2023.

Part 2—Revised estimates of claims, fees and costs for 2025‑26 levy period

Note 1: The 2025-26 levy period is the third levy period.

Note 2: This revised determination contains updated amounts for the 2025-26 levy period and is made under section 10 of the Act. Amounts determined under section 9 of the Act do not need to be revised for the purpose of this determination.

5  Credit intermediaries sub-sector

  Under subsection 10(1) of the Act, for the 2025-26 levy period and the credit intermediaries sub-sector, the determined revised estimate is $1,832,988.98, being the sum of the following specified revised amounts:

 (a) for the purposes of paragraph 9(1)(a) of the Act, the amount of $316,706.25;

 (b) for the purposes of paragraph 9(1)(b) of the Act, the amount of $1,738,404.73, comprising the following:

 (i) $76,292.04 (see subparagraph 9(1)(b)(i) of the Act);

 (ii) $1,020,446.02 (see subparagraph 9(1)(b)(ii) of the Act);

 (iii) $225,000.00 (see subparagraph 9(1)(b)(iii) of the Act);

 (iv) $416,666.67 (see subparagraph 9(1)(b)(iv) of the Act);

 (c) for the purposes of paragraph 9(1)(c) of the Act, the amount of $0.00;

 (d) for the purposes of paragraph 9(1)(e) of the Act, the amount of $0.00;

less the excess amounts referred to in subsections 6(1) and (2).

Note:  The sum of the revised estimate of $1,832,988.98 is the total of the amounts referred to in paragraphs (a) and (b), less the revised excess amount referred to in subsection (6)(2).

6  Excess amount—credit intermediaries sub-sector

 (1) For the purposes of subsection 10(1) and paragraph 9(2)(a) of the Act, the revised excess amount for the earlier levy period and the credit intermediaries sub-sector is $0.00.

 (2) For the purposes of subsection 10(1) and paragraph 9(2)(b) of the Act, the revised excess amount for the third levy period and the credit intermediaries subsector is $222,122.00.

7  Credit providers sub-sector

  Under subsection 10(1) of the Act, for the 2025-26 levy period and the credit providers sub-sector, the determined revised estimate is $1,853,223.37, being the sum of the following specified revised amounts:

 (a) for the purposes of paragraph 9(1)(a) of the Act, the amount of $72,466.78;

 (b) for the purposes of paragraph 9(1)(b) of the Act, the amount of $1,907,811.59, comprising the following:

 (i) $235,389.81 (see subparagraph 9(1)(b)(i) of the Act);

 (ii) $1,030,755.11 (see subparagraph 9(1)(b)(ii) of the Act);

 (iii) $225,000.00 (see subparagraph 9(1)(b)(iii) of the Act);

 (iv) $416,666.67 (see subparagraph 9(1)(b)(iv) of the Act);

 (c) for the purposes of paragraph 9(1)(c) of the Act, the amount of $0.00;

 (d) for the purposes of paragraph 9(1)(e) of the Act, the amount of $0.00;

less the excess amounts referred to in subsections 8(1) and 8(2).

Note:  The sum of the revised estimate of $1,853,223.37 is the total of the amounts referred to in paragraphs (a) and (b), less the revised excess amount referred to in subsection (8)(2).

8  Excess amount—credit providers sub-sector

 (1) For the purposes of subsection 10(1) and paragraph 9(2)(a) of the Act, the revised excess amount for the earlier levy period and credit providers sub-sector is $0.00.

 (2) For the purposes of subsection 10(1) and paragraph 9(2)(b) of the Act, the revised excess amount for the third levy period and the credit providers subsector is $127,055.00.

9  Licensed personal advice sub-sector

  Under subsection 10(1) of the Act, for the 2025-26 levy period and the licensed personal advice sub-sector, the determined revised estimate is $67,288,986.33, being the sum of the following specified revised amounts:

 (a) for the purposes of paragraph 9(1)(a) of the Act, the amount of $57,522,421.29;

 (b) for the purposes of paragraph 9(1)(b) of the Act, the amount of $11,068,815.04, comprising the following:

 (i) $8,000,914.49 (see subparagraph 9(1)(b)(i) of the Act);

 (ii) $2,026,233.88 (see subparagraph 9(1)(b)(ii) of the Act);

 (iii) $625,000.00 (see subparagraph 9(1)(b)(iii) of the Act);

 (iv) $416,666.67 (see subparagraph 9(1)(b)(iv) of the Act);

 (c) for the purposes of paragraph 9(1)(c) of the Act, the amount of $0.00;

 (d) for the purposes of paragraph 9(1)(e) of the Act, the amount of $0.00;

less the excess amount referred to in subsections 10(1) and 10(2).

Note:  The sum of the revised estimate of $67,288,986.33 is the total of the amounts referred to in paragraphs (a) and (b), less the excess amount referred to in subsection 10(2).

10  Excess amount—licensed personal advice sub-sector

 (1) For the purposes of subsection 10(1) and paragraph 9(2)(a) of the Act, the revised excess amount for the earlier levy period and the licensed personal advice sub-sector is $0.00.

 (2) For the purposes of subsection 10(1) and paragraph 9(2)(b) of the Act, the revised excess amount for the third levy period and the licensed personal advice sub-sector is $1,302,250.00.

11  Securities dealers sub-sector

  Under subsection 10(1) of the Act, for the 2025-26 levy period and the securities dealers sub-sector, the determined revised estimate is $4,723,226.49, being the sum of the following specified revised amounts:

 (a) for the purposes of paragraph 9(1)(a) of the Act, the amount of $2,824,894.74;

 (b) for the purposes of paragraph 9(1)(b) of the Act, the amount of $2,243,009.75, comprising the following:

 (i)  $343,916.68 (see subparagraph 9(1)(b)(i) of the Act);

 (ii)  $1,027,426.40 (see subparagraph 9(1)(b)(ii) of the Act);

 (iii)  $455,000.00 (see subparagraph 9(1)(b)(iii) of the Act);

 (iv)  $416,666.67 (see subparagraph 9(1)(b)(iv) of the Act);

 (c) for the purposes of paragraph 9(1)(c) of the Act, the amount of $0.00;

 (d) for the purposes of paragraph 9(1)(e) of the Act, the amount of $0.00;

less the excess amounts referred to in subsections 12(1) and (2).

Note:  The sum of the revised estimate of $4,723,226.49 is the total of the amounts referred to in paragraphs (a) and (b) less the revised excess amount referred to in subsection (12)(2).

12  Excess amount—securities dealers sub-sector

 (1) For the purposes of subsection 10(1) and paragraph 9(2)(a) of the Act, the revised excess amount for the earlier levy period and the securities dealers subsector is $0.00.

 (2) For the purposes of subsection 10(1) and paragraph 9(2)(b) of the Act, the revised excess amount for the third levy period and the securities dealers subsector is $344,678.00.

Overview

The Financial Services Compensation Scheme of Last Resort Levy (Collection) (Revised Cost Estimates for 2025-26 Levy Period) Determination 2025 was enacted to provide updated cost estimates for the 2025-26 levy period, addressing the financial needs of the Compensation Scheme of Last Resort Limited. This determination, issued by Compensation Scheme of Last Resort Limited, the operator of the financial services compensation scheme of last resort, is made under the Financial Services Compensation Scheme of Last Resort Levy (Collection) Act 2023. The policy objective is to ensure that the financial services compensation scheme of last resort is adequately funded to cover potential claims and operational costs, thereby maintaining the protection and stability of the financial services industry in Australia. This determination updates the previously established estimates to reflect current economic conditions and anticipated claims, fees, and costs within the specified sub-sectors.

Scope and Application

The Financial Services Compensation Scheme of Last Resort Levy (Collection) (Revised Cost Estimates for 2025-26 Levy Period) Determination 2025, made by Compensation Scheme of Last Resort Limited, pertains to the financial services compensation scheme of last resort. This instrument provides revised estimates of claims, fees, and costs for the 2025-26 levy period. It applies to various sub-sectors within the financial services industry, including credit intermediaries, credit providers, licensed personal advice, and securities dealers. The determination outlines specific revised estimates for each sub-sector, taking into account factors such as claims, fees, and costs, and also includes the revised excess amounts for the third levy period for each sub-sector. The instrument is made under the Financial Services Compensation Scheme of Last Resort Levy (Collection) Act 2023 and is effective from the day after its registration. The revised estimates are subject to adjustment through subordinate instruments as necessary.

Key Provisions

The Financial Services Compensation Scheme of Last Resort Levy (Collection) (Revised Cost Estimates for 2025-26 Levy Period) Determination 2025 (the "Determination") sets out the revised estimates for the levy to be collected for the financial services compensation scheme of last resort for the 2025-26 levy period. The Determination provides specific figures for different sub-sectors within the financial services industry, including credit intermediaries, credit providers, licensed personal advice, and securities dealers. These figures are derived under section 10 of the Financial Services Compensation Scheme of Last Resort Levy (Collection) Act 2023 (the "Act"). For instance, the revised estimate for the credit intermediaries sub-sector is $1,832,988.98 (section 5), while for the credit providers sub-sector it is $1,853,223.37 (section 7). For the licensed personal advice sub-sector, the estimate is $67,288,986.33 (section 9), and for the securities dealers sub-sector, it is $4,723,226.49 (section 11). These estimates are subject to deductions of any excess amounts from earlier levy periods. The entities governed by the Act are required to comply with the revised estimates set out in the Determination. Specifically, they must ensure that the correct levies are collected and remitted in accordance with the figures specified. This includes ensuring that the levy calculations take into account any excess amounts from previous periods, as outlined in sections 6, 8, 10, and 12 of the Determination. Breach of the obligations set out in the Determination could potentially lead to legal consequences. While the Determination does not explicitly outline specific penalties for non-compliance, breaches of the Act generally may attract civil or criminal penalties. Under the Act, non-compliance with the levy requirements could result in fines or other penalties as determined by the courts. The Act provides for the imposition of civil penalties for non-compliance, which could include significant financial penalties, and in some cases, criminal penalties may also apply. It is crucial for entities governed by the Act to ensure they adhere strictly to the revised estimates and comply with all related obligations to avoid any potential legal repercussions.

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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.