15Amount of special levy—total levy exceeds the sub‑sector levy cap and is to be spread across several sub‑sectors etc.

15 Amount of special levy—total levy exceeds the sub‑sector levy cap and is to be spread across several sub‑sectors etc.

(1) The amount of levy imposed by section 9 on a person: (a) for a levy period; and (b) because the following have come into force for the levy period: (i) a revised claims, fees and costs estimate; (ii) a determination under section 1069H of the Corporations Act 2001 (the Minister’s determination); is the amount worked out in accordance with a method prescribed by the regulations for the purposes of this subsection. Objectives for working out amounts of special levy (2) An objective is that the total amount of levy imposed by section 9: (a) for the levy period; and (b) across all members of a sub‑sector specified, under paragraph 1069H(5)(b) of the Corporations Act 2001, in the Minister’s determination; does not exceed the total amount specified, under that paragraph, for that sub‑sector in the Minister’s determination. (3) Another objective is that the sum of the total amounts of levy imposed by section 9: (a) for the levy period; and (b) specified, under paragraph 1069H(5)(c) of the Corporations Act 2001, in the Minister’s determination; does not cause the scheme levy cap to be exceeded. Regulations (4) Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the regulations are consistent with the objectives stated in subsections (2) and (3). (5) Without limiting subsection (1), the method prescribed by the regulations for a levy period and a sub‑sector may have regard to: (a) the revised claims, fees and costs estimate; and (b) the Minister’s determination; and (c) one or more determinations by ASIC under regulations made for the purposes of section 9 of the ASIC Supervisory Cost Recovery Levy Act 2017.