7Amount of levy

7 Amount of levy

(1) Subject to subsection (2), the amount of levy payable by an ADI for a financial year is the sum of the restricted levy component and the unrestricted levy component for the financial year.

Note: For restricted levy component, see subsection (1A). For unrestricted levy component, see subsection (1B).

(1A) The restricted levy component for the financial year is: (a) unless paragraph (b) or (c) applies—the amount that, for the financial year, is the restricted levy percentage of the ADI’s levy base; or (b) if the amount worked out under paragraph (a) exceeds the maximum restricted levy amount for the financial year—the maximum restricted levy amount; or (c) if the amount worked out under paragraph (a) is less than the minimum restricted levy amount for the financial year—the minimum restricted levy amount.

Note: The restricted levy percentage, maximum restricted levy amount, minimum restricted levy amount and the method of working out the ADI’s levy base are as determined under subsection (3).

(1B) The unrestricted levy component for the financial year is the amount that, for the financial year, is the unrestricted levy percentage of the ADI’s levy base.

Note: The unrestricted percentage is as determined under subsection (3).

(2) If the levy imposition day for the ADI for the financial year is later than 1 July in the financial year, the amount of levy payable by the ADI for the financial year is the amount worked out using the following formula: Image unavailable in extracted text (3) The Treasurer is, by legislative instrument, to determine: (a) the maximum restricted levy amount for each financial year; and (b) the minimum restricted levy amount for each financial year; and (c) the restricted levy percentage for each financial year; and (ca) the unrestricted levy percentage for each financial year; and (d) how an ADI’s levy base is to be worked out. (4) An amount determined under subsection (3) as the maximum restricted levy amount for a financial year must not exceed the statutory upper limit for the financial year. (5) The Treasurer’s determination under paragraph (3)(d) of how an ADI’s levy base is to be worked out is to include, but is not limited to, a determination of the day as at which the ADI’s levy base is to be worked out. That day must be: (a) if the ADI was an ADI at all times from and including 17 March of the previous financial year to and including the following 30 June—a day in the period from and including that 17 March to and including the following 14 April; or (b) if the ADI was not an ADI at all times from and including 17 March of the previous financial year to and including the following 30 June—the day after that 17 March when the ADI became, or becomes, an ADI. (6) A determination under subsection (3) may make different provision for different classes of ADIs.