Emergency Services Levy Act 2017

This Act is the Emergency Services Levy Act 2017.

This Act commences or is taken to have commenced on 1 July 2017.

In this Act—

Chief Commissioner means the Chief Commissioner of State Revenue.

contribution means the emergency services contribution payable under this Act.

contribution target means the contribution target determined by the Treasurer under Part 4.

final assessment notice—see section 18.

final contribution amount means a final contribution amount determined by the Chief Commissioner in accordance with section 17.

financial year means a period of 12 months commencing on 1 July in each year.

foreign insurer means an insurer who is not authorised under a law of the Commonwealth or of a State or Territory to carry on an insurance business.

former emergency services funding scheme means the scheme for funding certain fire and emergency services from contributions required to be paid by insurers under the following provisions, as in force before the commencement of the Fire and Emergency Services Levy Act 2017—

Part 5 of the Fire and Rescue NSW Act 1989,

Part 5 of the Rural Fires Act 1997,

Part 5A of the State Emergency Service Act 1989.

function includes a power, authority or duty, and exercise a function includes perform a duty.

initial assessment notice—see section 12.

initial contribution amount means an initial contribution amount determined by the Chief Commissioner in accordance with section 13.

insurer means a person, partnership or association who (whether as an underwriter or otherwise)—

issues or undertakes liability under policies of insurance against loss of or damage to property situated in the State, or

receives premiums in respect of policies of insurance against loss of or damage to property situated in the State on behalf of or for transmission to a person, partnership, association or underwriter outside the State.

Monitor means the Emergency Services Levy Insurance Monitor appointed under the Emergency Services Levy Insurance Monitor Act 2016.

premiums—see section 4.

price discrepancy—see section 40.

relevant insurance—see section 9.

return date—see section 31.

subject to contribution—see section 11.

total amount of attributed charges—see section 38.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

In this Act, a reference to a financial year, when immediately preceded by a reference to particular years (in the format of [year]/[year]), is a reference to the financial year that commences and ends in those years (respectively).

Note.

For example, a reference to the 2017/2018 financial year is a reference to the financial year commencing in 2017 and ending in 2018.

In this Act, a reference to a premium, or to the amount or total amount of premiums, includes any brokerage or commission paid or due to be paid or allowed to be paid on—

the premiums, or

bonuses or return premiums allowed in respect of a policy of insurance the subject of the premiums, or

such part of the premiums received by or due to the insurer as is paid or due to be paid by way of reinsurance by the insurer to another insurer in the State.

However, premiums do not include GST or duty payable under the Duties Act 1997 in respect of policies of insurance the subject of the premiums.

This Act is to be read together with the Taxation Administration Act 1996 which provides for the administration and enforcement of this Act and other taxation laws.

An emergency services insurance contribution is payable in respect of premiums for relevant insurance.

Note.

This Act re-establishes an emergency services insurance contribution scheme pending the introduction of the levy imposed by the Fire and Emergency Services Levy Act 2017.

An insurer who receives or is entitled to receive premiums for relevant insurance is required to pay the contribution.

A contribution is payable in respect of each financial year in which the insurer receives or is entitled to receive premiums for relevant insurance.

For the purposes of this Act, relevant insurance means insurance against loss or damage to property in the State under a class of policy specified in Schedule 1.

The contribution payable by an insurer in respect of a financial year is the final contribution amount for that insurer for that financial year.

However, an insurer is required to pay an initial contribution amount by instalments, in advance of a determination of the final contribution amount, as provided for by Part 3.

Both an initial contribution amount and a final contribution amount are calculated by reference to the total amount of premiums received by or due to an insurer that are subject to contribution.

A premium is subject to contribution if the premium is for a class of policy specified in Schedule 1.

For the purposes of this Act, the total amount of premiums that are subject to contribution in a financial year is the total of the relevant proportion of the total amount of premiums received by or due to an insurer in the financial year for each class of policy specified in Schedule 1.

The relevant proportion for a class of policy specified in Schedule 1 is the percentage specified in relation to that class of policy in Schedule 1.

An assessment under this Act of the total amount of premiums of an insurer that are subject to contribution in a particular financial year is to be made by reference to Schedule 1 as in force at the commencement of that financial year.

The Chief Commissioner must give to each insurer who is required to pay a contribution for a financial year an initial assessment notice for the financial year.

An initial assessment notice is an assessment notice that specifies the initial contribution amount payable by the insurer for the financial year.

An initial assessment notice for a financial year must be served on an insurer on or before the date of 30 April in the financial year before the financial year for which the initial contribution amount is payable, subject to Part 5.