ASIC has the power to waive CSLR levies and penalties in exceptional circumstances.
We will only consider waiving a levy or penalty in exceptional circumstances when there were issues beyond the control of all representatives of the entity.
All applications to ASIC must include evidence to substantiate the application. ASIC will assess each application on a case-by-case basis, responding with a decision within 28 days of receipt of the waiver application. Late payment penalties will be suspended while the waiver application is being considered.
Examples of exceptional circumstances include:
Death
Death of an immediate family member, including death of the officeholder or licensee.
Serious illness
Prolonged medical issue limiting the individual’s ability to meet their obligations.
Natural disaster
This includes events such as flood, fire, drought, cyclones, earthquake and similar events or disasters that may have, or had, a significant impact on individuals, regions or industries.
Court caused delay
Including impeded access to records and bank account (for example records seized and bank accounts frozen during legal proceeding).
To apply for a waiver, you are required to submit an Apply for a Compensation Scheme of Last Resort (CSLR) levy and/or penalty waiver transaction through the ASIC Regulatory Portal.
Review of a levy/penalty waiver decision
If you are not satisfied with a waiver decision ASIC has made, you can request a review of our decision by submitting a further waiver application, together with any additional information or evidence to support your application. ASIC will respond with a decision within 30 business days of receipt of the waiver application. Late payment penalties will be suspended while the waiver application is being considered.
If you are dissatisfied with the results of ASIC’s review you can a make an application to the Administrative Review Tribunal (ART) for a review.