Life Insurance Supervisory Levy Imposition Determination 2004

Legislation au C2004L06652 Not in force Legislative Instrument

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Life Insurance Supervisory Levy Imposition Determination 2004

I, HELEN LLOYD COONAN, Minister for Revenue and Assistant Treasurer, make this Determination under subsection 7 (3) of the Life 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 Life Insurance Supervisory Levy Imposition Determination 2004.

2 Commencement

  This Determination commences on 1 July 2004.

3 Revocation

  The Life 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 Life Insurance Supervisory Levy Imposition Act 1998.

approved benefit fund has the meaning given by subsection 16B (1) of the Life Insurance Act 1995.

benefit fund has the meaning given by subsection 16B (1) of the Life Insurance Act 1995.

friendly society has the meaning given by subsection 16C (1) of the Life Insurance Act 1995.

Friendly Society Quarterly General Return means the Friendly Society Quarterly General Return in the Schedule to Prudential Rules No 48.

Prudential Rules No 26 means Prudential Rules No 26 Collection of Statistics which were made under subsection 252 (1) of the Life Insurance Act 1995.

Prudential Rules No 48 means Prudential Rules No 48 Collection of Statistics — Friendly Societies which were made under subsection 252 (1) of the Life Insurance Act 1995.

quarter:

 (a) in relation to a life insurance company mentioned in paragraph 6 (1) (a) — has the same meaning as in rule 3 of Prudential Rules No 26; and

 (b) in relation to a life insurance company mentioned in paragraph 6 (1) (b) — has the meaning determined by rules 3 and 4 of Prudential Rules No 48.

Statement of Assets means the Statement of Assets in Form A of Schedule 1 to Prudential Rules No 26.

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

 (a) if the company was a life 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 life 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 life 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 7)

  For paragraphs 7 (3) (a), (b) and (c) of the Act:

 (a) the maximum levy amount for the 2004–2005 financial year is $460 000; and

 (b) the minimum levy amount for the 2004–2005 financial year is $500; and

 (c) the levy percentage for the 2004–2005 financial year is 0.022%.

6 Asset value (Act s 7)

 (1) For paragraph 7 (3) (d) of the Act, a life insurance company’s asset value is to be worked out as follows:

 (a) if the life insurance company:

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

 (ii) was required to lodge a Statement of Assets for the quarter ending on 31 March 2004;

then the company’s asset value is the sum of the amounts required to be reported in the following items in that Statement of Assets (being the value of the assets of the company’s statutory funds):

  the item TOTAL ASSETS in the column TOTAL in Part 1 — Assets backing Australian policy liabilities;

  the item TOTAL ASSETS in the column TOTAL in Parts 2 and 3 — Assets backing policy liabilities in an overseas country;

 (b) if the life insurance company:

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

 (ii) was required to lodge a Friendly Society Quarterly General Return for a quarter ending during the period from 17 March 2004 to 14 April 2004;

  then the company’s asset value is the sum of the amounts required to be reported in row BB15 in Part B of that Return (being the value of the assets of the company’s benefit funds);

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

 (i) if the company was a life insurance company other than a friendly society on the valuation day — the value of the assets of the company’s statutory funds as at the valuation day, worked out in the same way as the sum of the following items in the Schedule of Assets:

  the item TOTAL ASSETS in the column TOTAL in Part 1 — Assets backing Australian policy liabilities;

  the item TOTAL ASSETS in the column TOTAL in Parts 2 and 3 — Assets backing policy liabilities in an overseas country; and

 (ii) if the company was a life insurance company and a friendly society on the valuation day — the value of the assets of the company’s benefit funds as at the valuation day, with the value of the assets of each benefit fund being worked out in the same way as for row BB15 in Part B of the Friendly Society Quarterly General Return.

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

 

Overview

The Life Insurance Supervisory Levy Imposition Determination 2004, made by HELEN LLOYD COONAN, Minister for Revenue and Assistant Treasurer under the Life Insurance Supervisory Levy Imposition Act 1998, was introduced to establish the amount of the levy to be imposed on life insurance companies for the 2004-2005 financial year. The Determination, which commenced on 1 July 2004, replaced the previous Life Insurance Supervisory Levy Imposition Determination 2003. It specifies the maximum and minimum levy amounts for the specified financial year and outlines the methodology for calculating a life insurance company's asset value based on various conditions. This legislative instrument aims to ensure an appropriate supervisory levy is imposed on life insurance companies, reflecting the need for regulatory oversight and financial stability within the sector.

Scope and Application

The Life Insurance Supervisory Levy Imposition Determination 2004 applies to life insurance companies as defined under the Life Insurance Supervisory Levy Imposition Act 1998, specifically those entities that were in operation from 17 March 2004 to 30 June 2004. This legislative instrument sets the parameters for the levy imposed on life insurance companies, determining the maximum and minimum levy amounts and the percentage rate applicable for the 2004–2005 financial year. The valuation of a life insurance company’s assets for the purposes of calculating the levy is determined based on specific criteria, including whether the company lodged a Statement of Assets or a Friendly Society Quarterly General Return within the specified timeframes. This Determination revokes the previous Life Insurance Supervisory Levy Imposition Determination 2003, and its provisions are applicable nationally across Australia, affecting entities operating within the life insurance sector.

Key Provisions

The Life Insurance Supervisory Levy Imposition Determination 2004 sets out the specific details of the levy imposed on life insurance companies in Australia for the 2004–2005 financial year. The levy amount is determined based on the asset values of the companies, with a maximum of $460,000 and a minimum of $500, and a percentage of 0.022% (sections 5 and 6). This levy is a financial charge applied to life insurance companies to cover the costs associated with the regulation and supervision of the industry. The asset value for each company is calculated based on the total assets backing Australian policy liabilities and policy liabilities in overseas countries, as reported in their Statements of Assets or Friendly Society Quarterly General Returns (section 6(1)). The entities governed by this Determination, namely life insurance companies, are obligated to accurately report their asset values as specified in the Determination. For companies that were operational throughout the period from 17 March 2004 to 30 June 2004, the asset value is determined by summing the total assets in specified sections of their Statements of Assets or Friendly Society Quarterly General Returns (section 6(1)(a) and (b)). For other companies, the asset value is calculated based on their total assets on the valuation day, which is determined by specific rules (section 6(1)(c)). Failure to comply with the requirements of this Determination can result in legal consequences. While the Determination itself does not explicitly state the penalties for non-compliance, breaches of similar legislative instruments typically attract fines and other penalties under the Life Insurance Supervisory Levy Imposition Act 1998. The severity of these penalties can depend on the nature and extent of the breach, with potential maximum penalties set out in the primary Act, which may include substantial fines and other enforcement actions.

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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.