Financial Services Compensation Scheme of Last Resort Levy (Collection)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Budget, tax & economy

What does this bill do?

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.

Why was it introduced?

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.

Broader 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.

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.

Who supported it?

Stephen Jones MP introduced this bill. Speeches supporting it came from Liberal Party, Labor.

Introduced in House 08 Sept 2022
Passed House 28 Sept 2022
Failed in Senate 09 Mar 2023
Did not become law

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

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

Show source excerpts
  1. 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
  2. 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
  3. 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
  4. 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
  5. 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

Broader context for this bill

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.

  1. 04 Feb 2019

    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 ↗
  2. 08 Sept 2022

    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 ↗
  3. 08 Sept 2022

    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 ↗
  4. 28 Sept 2022

    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 ↗
  5. 09 Mar 2023

    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 ↗
  6. 01 July 2023

    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 ↗

How did it move through Parliament?

House Senate
Introduced 08 Sept 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 08 Sept 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 28 Sept 2022

The bill reached this recorded parliamentary step.

House second reading agreed 28 Sept 2022

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

House third reading agreed 28 Sept 2022

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Economics Legislation Committee; Committee report (24/10/2022) review 28 Sept 2022

Referred to Committee (28/09/2022): Senate Economics Legislation Committee; Committee report (24/10/2022)

Referred to committee

APH bill page notes
Introduced 25 Oct 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 25 Oct 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Discharged from Notice Paper 09 Mar 2023

The bill reached this recorded parliamentary step.

The main case against this bill

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.

Raised by Angus Taylor for the Coalition opposition Source ↗

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.

Raised by Angus Taylor for the Coalition opposition Source ↗

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.

Raised by Angus Taylor for the Coalition opposition Source ↗

Recorded votes

No recorded votes were found before this bill stopped proceeding.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Stephen Jones

Australian Labor Party • MP 08 Sept 2022

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 ↗
Lead supporting voice Supports

Angus Taylor

Liberal Party • MP 21 Mar 2023

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 ↗
Lead voice Supports

Tim Ayres

Australian Labor Party • Senator 22 Mar 2023

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 ↗
Lead voice Unclear

Jenny McAllister

Australian Labor Party • Senator 25 Oct 2022

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

Labor

3 speakers · 4 contributions · 2 support · 1 unclear

Coalition

3 speakers · 4 contributions · 3 support

  1. James Stevens Stevens supports the bill and says 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. is needed so people who win AFCAThe external complaints body that decides many disputes between consumers and financial firms, and whose unpaid determinations trigger this scheme. determinations are not left empty-handed when a firm has collapsed.
    “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.”

    Liberal Party • MP • 28 Sept 2022

    Read the full speech in Hansard ↗
  2. Bert Van Manen Van Manen supports the bill and says it will help make sure consumers are properly compensated when an AFCAThe external complaints body that decides many disputes between consumers and financial firms, and whose unpaid determinations trigger this scheme. award is unpaid because the responsible firm has gone broke or entered administrationA formal insolvency process for a failed company, mentioned here because some unpaid awards arose after firms collapsed or entered it..
    “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.”

    Liberal Party • MP • 28 Sept 2022

    Read the full speech in Hansard ↗

Full record

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