Expanded package needed more scrutiny
The opposition said the government had expanded the broader package without further consultation and argued that Parliament should examine the effects more closely through committee scrutiny.
This bill did not become law and is no longer proceeding.
Budget, tax & economy
Financial firms would fund a new last-resort compensation scheme through an industry levyThe fee charged across parts of the financial sector to pay for the scheme after the Commonwealth covers the start-up year. after the Commonwealth pays the setup and first year costs.
Consumers were left unpaid when financial firms ignored Australian Financial Complaints AuthorityThe external complaints body that decides many disputes between consumers and financial firms, and whose unpaid determinations trigger this scheme. compensation orders, a gap identified after the Financial Services Royal CommissionThe major inquiry that exposed misconduct in banking, superannuation and financial services and led to the compensation scheme idea.. This bill creates an industry levyThe fee charged across parts of the financial sector to pay for the scheme after the Commonwealth covers the start-up year. to fund a last-resort scheme that pays eligible consumers when firms still do not pay.
After the Financial Services Royal CommissionThe major inquiry that exposed misconduct in banking, superannuation and financial services and led to the compensation scheme idea., the explanatory memorandum says a compensation scheme of last resortThe backstop scheme that pays eligible consumers when a financial firm owes compensation under AFCA but still does not pay. proposal was announced on 4 February 2019. The 2022 bill formed part of the levy framework for that scheme, so eligible consumers could be paid when a financial firm did not comply with an AFCAThe external complaints body that decides many disputes between consumers and financial firms, and whose unpaid determinations trigger this scheme. determinationAFCA's binding decision on a complaint; if the firm ignores it and still does not pay, the consumer can apply to the scheme.. The bill passed the House in September 2022, was later discharged from the Senate Notice Paper, and the explanatory material said scheme payments could begin from 1 July 2023.
No party represented in the debate opposed the bill at passage. The criticism recorded in the scoped Hansard material focused on whether the expanded package had enough consultation and scrutiny, whether a broad-based scheme could expose the financial system to significant costs, and whether related consumer-credit changes could restrict access to short-term credit.
Stephen Jones MP introduced this bill. Speeches supporting it came from Liberal Party, Labor.
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
No final passage
The bill has not completed passage and is no longer proceeding.
Time before failure
182 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
Financial firms would fund a new last-resort compensation scheme through an industry levyThe fee charged across parts of the financial sector to pay for the scheme after the Commonwealth covers the start-up year. after the Commonwealth pays the setup and first year costs.
Consumers would be able to get compensation when the Australian Financial Complaints AuthorityThe external complaints body that decides many disputes between consumers and financial firms, and whose unpaid determinations trigger this scheme. orders payment and the financial firm still does not pay.
Eligible consumers would be able to apply for payment from the scheme operator, with compensation capped at $150,000 when a financial firm ignores an AFCAThe external complaints body that decides many disputes between consumers and financial firms, and whose unpaid determinations trigger this scheme. ruling.
The minister would appoint a not-for-profit companyThe type of body the minister would appoint to run the scheme instead of housing it inside a government department. to run the compensation scheme, rather than leaving it inside a government department.
The levy and compensation scheme would start after Royal AssentThe formal step when a bill becomes law, after which this scheme and its levy framework would start., with payments to consumers able to begin from 1 July 2023.
The CSLR is intended to support confidence in the financial system’s external dispute resolution framework. The scheme will provide compensation where a determination issued by AFCA remains unpaid and the determination relates to a financial product or service within the scope of the scheme. The Commonwealth will fund the establishment of the scheme and its operation in the first year. A levy will be imposed on the financial services industry to fund the scheme in future years.Financial Services Compensation Scheme of Last Resort Levy (Collection) explanatory memorandum
The objective of the CSLR is to provide compensation to eligible consumers where they have an AFCA determination in their favour and where the relevant financial firm has not paid the consumer in accordance with the determination.Financial Services Compensation Scheme of Last Resort Levy (Collection) explanatory memorandum
Where AFCA has made a determination under which a complainant is owed an amount from a financial firm and the financial firm has failed to pay the complainant, the complainant may apply to the operator of the CSLR for payment. If the eligibility criteria are met, the operator of the CSLR must compensate the complainant, up to $150,000.Financial Services Compensation Scheme of Last Resort Levy (Collection) explanatory memorandum
The Minister may authorise a person to be the operator of the CSLR if the Minister is satisfied the mandatory requirements will be met. This includes that the operator is a company limited by guarantee and not operated for profit.Financial Services Compensation Scheme of Last Resort Levy (Collection) explanatory memorandum
The operator of the scheme can begin to make compensation payments under the scheme from 1 July 2023.Financial Services Compensation Scheme of Last Resort Levy (Collection) explanatory memorandum
Context
After the Financial Services Royal CommissionThe major inquiry that exposed misconduct in banking, superannuation and financial services and led to the compensation scheme idea., the explanatory memorandum says a compensation scheme of last resortThe backstop scheme that pays eligible consumers when a financial firm owes compensation under AFCA but still does not pay. proposal was announced on 4 February 2019. The 2022 bill formed part of the levy framework for that scheme, so eligible consumers could be paid when a financial firm did not comply with an AFCAThe external complaints body that decides many disputes between consumers and financial firms, and whose unpaid determinations trigger this scheme. determinationAFCA's binding decision on a complaint; if the firm ignores it and still does not pay, the consumer can apply to the scheme.. The bill passed the House in September 2022, was later discharged from the Senate Notice Paper, and the explanatory material said scheme payments could begin from 1 July 2023.
Compensation scheme proposal announced after the royal commission
The explanatory memorandum says the proposal was announced as part of the former government response to the Financial Services Royal CommissionThe major inquiry that exposed misconduct in banking, superannuation and financial services and led to the compensation scheme idea..
Explanatory memorandum ↗Levy bill introduced for unpaid AFCAThe external complaints body that decides many disputes between consumers and financial firms, and whose unpaid determinations trigger this scheme. determinations
The Assistant Treasurer introduced one of the levy bills for a scheme intended to compensate eligible consumers when a financial firm did not pay an AFCAThe external complaints body that decides many disputes between consumers and financial firms, and whose unpaid determinations trigger this scheme. determinationAFCA's binding decision on a complaint; if the firm ignores it and still does not pay, the consumer can apply to the scheme..
Hansard ↗Minister outlines how the levy would be collected
The second reading speech said the first-year levy would be issued by August 2023, later annual levies would be issued ahead of each financial year, and ASICThe regulator that is involved in collecting the levy and overseeing parts of the financial services system. would collect the levies.
Minister's second reading speech ↗House passes the levy bill
The House agreed to the second reading and third reading on the same day, completing the bill's passage through that chamber.
Parliamentary timeline ↗Senate discharges the 2022 bill from the Notice Paper
The parliamentary timeline records the bill being discharged from the Senate Notice Paper rather than completing passage in that form.
Parliamentary timeline ↗Scheme able to begin paying eligible consumers
The explanatory material said the operator of the scheme could begin making compensation payments from 1 July 2023.
Australian Parliament House ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Referred to Committee (28/09/2022): Senate Economics Legislation Committee; Committee report (24/10/2022)
Referred to committee
APH bill page notesThe bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
Key criticism
No party represented in the debate opposed the bill at passage. The criticism recorded in the scoped Hansard material focused on whether the expanded package had enough consultation and scrutiny, whether a broad-based scheme could expose the financial system to significant costs, and whether related consumer-credit changes could restrict access to short-term credit.
The criticism was conditional rather than opposition to the bill; the Coalition said it would not delay the bill and supported sending the package to committee for closer examination.
Expanded package needed more scrutiny
The opposition said the government had expanded the broader package without further consultation and argued that Parliament should examine the effects more closely through committee scrutiny.
Broad scheme could expose the financial system to costs
Taylor supported the compensation scheme but warned that a broad-based scheme risked exposing the financial system to significant costs, so the balance needed to be right.
Consumer-credit changes could affect access to credit
Taylor also argued that related consumer-credit reforms could affect loan terms and access to credit for people who used small-amount credit contracts responsibly.
Further sources
Votes
No recorded votes were found before this bill stopped proceeding.
Parliamentary debate
Start here — lead voices
Stephen Jones supports the bill as part of the levy framework for the financial services Compensation Scheme of Last ResortThe backstop scheme that pays eligible consumers when a financial firm owes compensation under AFCA but still does not pay., explaining how the one-off and ongoing levies will be set and collected.
Read in Hansard ↗Taylor says the opposition will allow the bill to pass, but argues the government has mismanaged the legislation and damaged trust with its broader tax and spending agenda.
Read in Hansard ↗Tim Ayres supports the bill as part of the framework to fund the compensation scheme of last resortThe backstop scheme that pays eligible consumers when a financial firm owes compensation under AFCA but still does not pay..
Read in Hansard ↗McAllister outlines that the bill is part of the levy framework for the financial services Compensation Scheme of Last ResortThe backstop scheme that pays eligible consumers when a financial firm owes compensation under AFCA but still does not pay., and explains how the levy notices and collection arrangements will work.
Read in Hansard ↗All speeches by bloc
3 speakers · 4 contributions · 2 support · 1 unclear
“This Bill is the second of two Bills which form the levy framework for the financial services compensation scheme of last resort (CSLR).”Read the full speech in Hansard ↗
“This Bill is one of two Bills which form the levy framework for the financial services Compensation Scheme of Last Resort.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Stephen Jones on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Stephen Jones supports the bill as part of the levy framework for the financial services Compensation Scheme of Last ResortThe backstop scheme that pays eligible consumers when a financial firm owes compensation under AFCA but still does not pay., explaining how the one-off and ongoing levies will be set and collected. He presents it as the mechanism that will fund compensation and administrative costs.
“This bill is one of two bills which form the levy framework for the financial services Compensation Scheme of Last Resort (CSLR).”Read this contribution in Hansard ↗
Second reading speech
Stephen Jones supports the bill and says it is part of the package that creates the compensation scheme of last resortThe backstop scheme that pays eligible consumers when a financial firm owes compensation under AFCA but still does not pay. and improves consumer outcomes in the financial system. He argues it will ensure eligible consumers are paid, with industry funding the scheme.
“There's been quite some discussion about the Compensation Scheme of Last Resort, and I'd like to reiterate and clarify a few matters that have come up in the course of the debate. The government continues to build trust in Australia's financial system's external dispute resolution framework and remains committed to improving consumer outcomes. Establishing, for first time, the Compensation Scheme of Last Resort, or the CSLR, implements recommendation 7.1 of the banking royal commission. In doing so, it delivers on one of the key outstanding recommendations of the banking royal commission but also, as the member for Curtin alluded to in her address, the earlier Ramsay review under the former government.”Read this contribution in Hansard ↗
3 speakers · 4 contributions · 3 support
Hansard records 2 separate contributions by Angus Taylor on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Taylor says the coalition will not oppose the bill and commends it to the House, but wants Parliament to scrutinise its impacts and is unhappy that the government expanded the package without consultation. He supports it as a continuation of royal commission reforms, while warning that the consumer credit changes need close monitoring.
“So whilst we won't deny the bill a second reading, it is important that the parliament assess and monitor the impacts of this change on consumers. Subject to those caveats, we commend the bill to the House.”Read this contribution in Hansard ↗
Second reading speech
Taylor says the opposition will allow the bill to pass, but argues the government has mismanaged the legislation and damaged trust with its broader tax and spending agenda. He supports the compensation scheme in principle, while criticising the delay and the government's handling of the package.
“Whilst we won't deny this bill a second reading—it has taken way too long for the bill to get to this point anyway—we do call on the House to recognise the government's mismanagement of the bill, the government's dishonesty with the Australian people, particularly with respect to tax, and the need for the government to commit to reducing inflation and pressure on the cost of living by controlling its own spending, not by taxing Australians more.”Read this contribution in Hansard ↗
“Next is the compensation scheme of last resort. We've seen examples of people who have received determinations through AFCA, the Australian Financial Complaints Authority. To quickly digress a bit, as members of parliament I'm sure most of us at some point have had cause to refer constituents to AFCA with matters. They are a very important institution. They do a lot of work for people in an extremely frightening circumstance. I've certainly dealt with constituents who have had large amounts of money disappear from bank accounts and things like that and experienced other scams et cetera. So it's good to have a robust organisation like AFCA to work with when people are in a desperate situation, having experienced things like that.”Read the full speech in Hansard ↗
“I'm pleased to see the measures in this bill and I hope that, through this continuous process of improving the regulation in the financial services sector, we see a sector that is better run and more focused on the needs of consumers in our society and in our community.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Discharged from Notice Paper
Discharged from Notice Paper
The bill reached this recorded parliamentary step.
Senate Economics Legislation Committee; Committee report (24/10/2022)
Referred to committee
Referred to Committee (28 Sept 2022): Senate Economics Legislation Committee; Committee report (24 Oct 2022)
APH bill page notes