General Insurance Supervisory Levy Imposition Determination 2004

Legislation au C2004L06638 Not in force Legislative Instrument

Legislation content

General Insurance Supervisory Levy Imposition Determination 2004

I, HELEN LLOYD COONAN, Minister for Revenue and Assistant Treasurer, make this Determination under subsection 8 (3) of the General Insurance Supervisory Levy Imposition Act 1998.

Dated 25 June 2004

HELEN COONAN

Minister for Revenue and Assistant Treasurer

 

 

1 Name of Determination

  This Determination is the General Insurance Supervisory Levy Imposition Determination 2004.

2 Commencement

  This Determination commences on 1 July 2004.

3 Revocation

  The General Insurance Supervisory Levy Imposition Determination 2003 is revoked.

Interpretation

 (1) In this Determination:

2004–2005 financial year means the financial year beginning on 1 July 2004.

Act means the General Insurance Supervisory Levy Imposition Act 1998.

designated security trust fund has the meaning given by section 69 of the Insurance Act 1973.

foreign general insurer has the same meaning as in the Insurance Act 1973.

Form GRF 300.0 Statement of Financial Position  Branch Total Operations means the Form bearing that title which was made for the purposes of Reporting Standard GRS 300.0.

Form GRF 300.0 Statement of Financial Position  Licensed Insurer means the Form bearing that title which was made for the purposes of Reporting Standard GRS 300.0.

general insurance company includes Lloyd’s.

Lloyd’s has the meaning given by section 3 of the Insurance Act 1973.

reporting period, in relation to a general insurance company, means the reporting period that applies to the company under paragraph 5, 6 or 7 of Reporting Standard GRS 300.0.

Reporting Standard GRS 300.0 means Reporting Standard GRS 300.0 Statement of Financial Position which was made under section 13 of the Financial Sector (Collection of Data) Act 2001.

valuation day, in relation to a general insurance company, means:

 (a) if the company was a general insurance company at all times during the period from 17 March 2004 to 30 June 2004 — 31 March 2004; and

 (b) if the company was not a general insurance company at all times during the period from 17 March 2004 to 30 June 2004 — the day after 17 March 2004 on which it became a general insurance company.

 (2) In this Determination, a reference to a period from a specified date to another specified date is a reference to a period that includes both of those dates.

5 Amount of levy (Act s 8)

  For paragraphs 8 (3) (a), (b) and (c) of the Act:

 (a) the maximum levy amount for the 2004–2005 financial year is $470 000; and

 (b) the minimum levy amount for the 2004–2005 financial year is $5 000; and

 (c) the levy percentage for the 2004–2005 financial year is 0.034%.

6 Asset value (Act s 8)

 (1) For paragraph 8 (3) (d) of the Act, a general insurance company’s asset value is to be worked out as follows:

 (a) if the general insurance company:

 (i) was a general insurance company at all times from 17 March 2004 to 30 June 2004; and

 (ii) was required to lodge Form GRF 300.0 Statement of Financial Position — Licensed Insurer for a reporting period ending during the period from 17 March 2004 to 14 April 2004;

then the company’s asset value is the amount required to be reported in item 15 TOTAL ASSETS in that Form;

 (b) if the general insurance company:

 (i) was a general insurance company at all times from 17 March 2004 to 30 June 2004; and

 (ii) was required to lodge Form GRF 300.0 Statement of Financial Position — Branch Total Operations for a reporting period ending during the period from 17 March 2004 to 14 April 2004;

  then the company’s asset value is the amount required to be reported in item 15 TOTAL ASSETS in that Form;

 (c) if the general insurance company is Lloyd’s, its asset value is the amounts standing to the credit of all designated security trust funds as at 31 March 2004;

 (d) in every other case, the general insurance company’s asset value is:

 (i) if the company was a general insurance company other than a foreign general insurer on the valuation day — the value of the company’s assets as at the valuation day, worked out in the same way as for item 15 TOTAL ASSETS in Form GRF 300.0 Statement of Financial Position — Licensed Insurer; and

 (ii) if the company was a foreign general insurer on the valuation day — the value of the company’s assets as at the valuation day, worked out in the same way as for item 15 TOTAL ASSETS in Form GRF 300.0 Statement of Financial Position — Branch Total Operations.

 (2) If paragraphs (1) (a) and (b) both apply to a general insurance company, its asset value is to be worked out in accordance with paragraph (1) (a).

 

Overview

The General Insurance Supervisory Levy Imposition Determination 2004 was enacted to impose a levy on general insurance companies for the 2004–2005 financial year under the General Insurance Supervisory Levy Imposition Act 1998. This legislation was introduced to address the need for a financial contribution from general insurance companies to cover the costs associated with the supervision and regulation of the general insurance industry in Australia. The Determination was made by HELEN LLOYD COONAN, Minister for Revenue and Assistant Treasurer, and commenced on 1 July 2004, superseding the previous General Insurance Supervisory Levy Imposition Determination 2003. The primary policy objective outlined in the Determination is to ensure that the general insurance companies contribute appropriately to the regulatory costs, thereby maintaining the financial stability and integrity of the insurance supervisory framework.

Scope and Application

The General Insurance Supervisory Levy Imposition Determination 2004 applies to general insurance companies, including Lloyd's, as defined in the Insurance Act 1973, operating within Australia. This legislative instrument, made under the General Insurance Supervisory Levy Imposition Act 1998, establishes the levy amount and method of calculating asset value for these entities for the 2004-2005 financial year. The levy range for this period is set between a minimum of $5,000 and a maximum of $470,000, with a percentage of 0.034% of the general insurance company’s asset value. The asset value is determined based on the company's reporting period, with specific forms and methods of calculation outlined in the Determination. This Determination revokes the previous year's levy imposition and extends its application nationally across Australia.

Key Provisions

The General Insurance Supervisory Levy Imposition Determination 2004 sets forth the specific provisions regarding the levy imposed on general insurance companies for the financial year 2004–2005. Under section 5, the maximum levy amount is $470,000, while the minimum levy amount is $5,000, and the levy percentage is set at 0.034%. This levy is calculated based on the asset value of the general insurance company as stipulated in section 6. The asset value is determined by the company's total assets as reported in specific financial forms, such as Form GRF 300.0 Statement of Financial Position, or for Lloyd’s, the amounts standing to the credit of designated security trust funds as at 31 March 2004. The determination imposes obligations on general insurance companies to accurately report their asset values as defined and to pay the corresponding levy. Companies are required to determine their asset values based on the specific criteria outlined in section 6, which may vary depending on the type of company and the financial reporting requirements they must meet. For instance, if a company was a general insurance company throughout the specified period and required to lodge certain forms, the asset value must be reported in the specified manner in those forms. Failure to comply with the provisions of this Determination can result in legal consequences. Although the specific penalties are not detailed in the text provided, breaches of such legislative instruments typically result in penalties that may include fines or other civil or criminal sanctions, depending on the severity and intent behind the non-compliance. The penalties can be significant, reflecting the importance of adhering to financial regulatory requirements to maintain the stability and integrity of the insurance sector.

Legal classification tags

Area of Law
Finance & Banking Law
Taxation Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Civil Penalty Provisions
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

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.