Authorised Deposit-taking Institutions Supervisory Levy Imposition Determination 2012

Link to law: https://www.comlaw.gov.au/Details/F2012L01445

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Authorised Deposit-taking Institutions Supervisory Levy Imposition Determination 20121
Authorised Deposit-taking Institutions Supervisory Levy Imposition Act 1998
I, William Richard Shorten, Minister for Financial Services and Superannuation, make this determination under subsection 7 (3) of the Authorised Deposit‑taking Institutions Supervisory Levy Imposition Act 1998.
Dated 28 June 2012
William Richard Shorten
Minister for Financial Services and Superannuation
Contents
                        1      Name of determination                                                                        2
                        2      Commencement                                                                                  2
                        3      Revocation                                                                                         2
                        4      Interpretation                                                                                      2
                        5      Amount of levy                                                                                   4
                        6      ADI’s levy base—ADI other than a specialist credit card institution or provider of purchased payment facilities                                                                                4
                        7      ADI’s levy base—specialist credit card institution                                 5
                        8      ADI’s levy base—provider of purchased payment facilities                   6
 
 
1              Name of determination
                This determination is the Authorised Deposit-taking Institutions Supervisory Levy Imposition Determination 2012.
2              Commencement
                This determination commences on 1 July 2012.
3              Revocation
                The Authorised Deposit-taking Institutions Supervisory Levy Imposition Determination 2011 (FRLI No. F2011L01326) is revoked.
4              Interpretation
         (1)   In this determination:
2012–2013 financial year means the financial year commencing on 1 July 2012.
Act means the Authorised Deposit-taking Institutions Supervisory Levy Imposition Act 1998.
ADI means an authorised deposit-taking institution.
ARS 320.0 entity means an entity mentioned in paragraph 2 of Reporting Standard ARS 320.0 as an entity to which that Reporting Standard applies.
FHSA has the same meaning as in the First Home Saver Accounts Act 2008.
foreign ADI has the same meaning as in section 5 of the Banking Act 1959.
Form ARF 320.0 means Form ARF 320.0, which forms part of Reporting Standard ARS 320.0.
Form ARF 323.0 means Form ARF 323.0, which forms part of Reporting Standard ARS 323.0.
provider of purchased payment facilities means an ADI that:
                (a)    engages in the provision of one or more purchased payment facilities in circumstances in which at least one of the facilities is of the kind described in regulation 3 of the Banking Regulations 1966; and
               (b)    does not otherwise carry on banking business within the meaning of section 5 of the Banking Act 1959.
purchased payment facility has the same meaning as in the Payment Systems (Regulation) Act 1998.
reporting period, in relation to an ADI, means the reporting period that applies to the ADI under:
                (a)    paragraph 5 or 6 of Reporting Standard ARS 320.0; or
               (b)    paragraph 5 or 6 of Reporting Standard ARS 323.0.
Reporting Standard ARS 320.0 means Reporting Standard ARS 320.0 Statement of Financial Position (Domestic Books), made under section 13 of the Financial Sector (Collection of Data) Act 2001.
Reporting Standard ARS 323.0 means Reporting Standard ARS 323.0 Statement of Financial Position (Licensed ADI), made under section 13 of the Financial Sector (Collection of Data) Act 2001.
specialist credit card institution means an ADI that:
                (a)    engages in credit card issuing or credit card acquiring, or both; and
               (b)    does not otherwise carry on banking business within the meaning of section 5 of the Banking Act 1959.
valuation day, in relation to an ADI, means:
                (a)    for an ADI that was an ADI at all times during the period from 17 March 2012 to 30 June 2012—31 March 2012; and
               (b)    for an ADI that was an ADI for some, but not all, of the period from 17 March 2012 to 30 June 2012—the day, after 17 March 2012, on which it became an ADI; and
                (c)    for an ADI that became an ADI after 30 June 2012—the day on which it became an ADI.
         (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
                For paragraphs 7 (3) (a), (b), (c) and (ca) of the Act, the table sets out matters for the 2012–2013 financial year.
Item
ADI
Maximum restricted levy amount ($)
Minimum restricted levy amount ($)
Restricted levy percentage
Unrestricted levy percentage

1
Foreign ADI
1 050 000
490
0.00207
0.000566

2
Specialist credit card institution
1 050 000
10 300
0.00207
0.000566

3
Provider of purchased payment facilities
1 050 000
10 300
0.00207
0.000566

4
ADI not mentioned in item 1, 2 or 3
2 100 000
490
0.00414
0.000566

6              ADI’s levy base—ADI other than a specialist credit card institution or provider of purchased payment facilities
         (1)   For paragraph 7 (3) (d) of the Act, the ADI’s levy base of an ADI, other than a specialist credit card institution or provider of purchased payment facilities, is to be worked out using the table and subsections (2) and (3).
Item
If the ADI …
the ADI’s levy base is …

1
(a)  was an ADI at all times from 17 March 2012 to 30 June 2012; and
(b)  was required to give information using Form ARF 320.0 for a reporting period ending during the period from 17 March 2012 to 14 April 2012
the sum of the amounts required to be reported in the following items in that Form:
   (a)  item 10 Total assets;
  (b)  item 11.2 Australian ADI operations: Total amount due from non‑residents (excluding intra‑company transactions);
   (c)  item 11.3 Australian ADI operations: Total amount due from overseas operations of the ADI

2
(a)  was an ADI at all times from 17 March 2012 to 30 June 2012; and
(b)  was required to give information using Form ARF 323.0 for a reporting period ending during the period from 17 March 2012 to 14 April 2012
the amount required to be reported in item 11 Total assets in that Form

         (2)   If the ADI:
                (a)    is not described in items 1 and 2 of the table in subsection (1); and
               (b)    was an ARS 320.0 entity on the valuation day;
the ADI’s levy base is the sum of the values of the following assets of the ADI as at the valuation day, with the values of those assets being worked out in the same way as for the corresponding items in Form ARF 320.0:
                (c)    item 10 Total assets;
               (d)    item 11.2 Australian ADI operations: Total amount due from non‑residents (excluding intra‑company transactions);
                (e)    item 11.3 Australian ADI operations: Total amount due from overseas operations of the ADI.
         (3)   If the ADI:
                (a)    is not described in items 1 and 2 of the table in subsection (1); and
               (b)    was not an ARS 320.0 entity on the valuation day;
the ADI’s levy base is the value of the ADI’s assets as at the valuation day, worked out in the same way as for item 11 Total assets in Form ARF 323.0.
7              ADI’s levy base—specialist credit card institution
         (1)   For paragraph 7 (3) (d) of the Act, the ADI’s levy base of a specialist credit card institution is to be worked out using subsections (2) and (3).
         (2)   If the institution:
                (a)    was an ADI at all times from 17 March 2012 to 30 June 2012; and
               (b)    was required to lodge Form ARF 323.0 for a reporting period ending during the period from 17 March 2012 to 14 April 2012;
the ADI’s levy base is the sum of the amounts required to be reported in the following items in that Form:
                (c)    subitem 6.1.3 Credit cards (under item 6.1 Loans to Households);
               (d)    sub-subitem 6.2.5.2 (under item 6.2 Commercial Lending and subitem 6.2.5 Total commercial lending).
         (3)   If subsection (2) does not apply to the institution, the ADI’s levy base is the sum of the values of the household credit card loan assets and the commercial credit card loan assets of the institution as at the valuation day, with the values of those assets being worked out in the same way as for the following items in Form ARF 323.0:
                (a)    subitem 6.1.3 Credit cards (under item 6.1 Loans to Households);
               (b)    sub-subitem 6.2.5.2 (under item 6.2 Commercial Lending and subitem 6.2.5 Total commercial lending).
8              ADI’s levy base—provider of purchased payment facilities
                For paragraph 7 (3) (d) of the Act, the ADI’s levy base of a provider of purchased payment facilities is the sum of the values of the following assets of the provider as at the valuation day, with the values of those assets being worked out in the same way as for the corresponding items in Form ARF 320.0:
                (a)    item 10 Total assets;
               (b)    item 11.2 Australian ADI operations: Total amount due from non‑residents (excluding intra‑company transactions);
                (c)    item 11.3 Australian ADI operations: Total amount due from overseas operations of the ADI.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.