The legislative framework outlines the following levies can be used to fund the Compensation Scheme of Last Resort (CSLR) scheme:
- Annual levy
- Further levy
- Special levy
Annual levy
The CSLR is primarily funded through annual levies on the following four defined sub-sectors of the financial services industry:
- licensees that provide personal advice to retail clients on relevant financial products
- credit providers
- credit intermediaries
- securities dealers.
As per CSLR legislation, the annual levies are capped at $20 million per sub-sector.
Further levy
In addition to the annual levy collected for a sub-sector, a further levy may be issued for the same levy period if the CSLR operator determines that the total costs are likely to exceed the original estimate. This can occur if there are, or are expected to be, insufficient funds to cover claims, fees, and costs.
As per the CSLR legislation, the total levy (annual and further combined) imposed on a sub-sector for a levy period cannot exceed $20 million.
Special levy
Where the CSLR operator’s initial cost estimate for a sub-sector exceeds the $20 million cap, ASIC can only issue the annual levy based on the $20 million cap.
Before a special levy can be issued, the CSLR operator must complete a revised estimate of claims, fees and costs for the relevant levy period. For the 2025-26 levy period, the instrument for the revised estimate can only be registered after 1 July 2025.
If the revised estimate still exceeds the $20 million sub-sector levy cap, the CSLR legislation contains a special funding mechanism called a special levy which involves a ministerial determination.
The Minister has discretion to apply the special levy, including who the levy applies to, the amount of the levy, the timing of the levy and how the levy is calculated for each identified entity. This decision is subject to a parliamentary disallowance process.
The total value of the annual, further and special levies cannot exceed the scheme levy cap of $250 million for a leviable period.