Australian Prudential Regulation Authority Regulations 1998 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations are the
Australian Prudential Regulation Authority Regulations 1998 .
In these Regulations:
Act means theAustralian Prudential Regulation Authority Act 1998 .
For subsection 10A (1) of the Act, the following agencies are specified:
(a) the Council of Financial Regulators;
(b) the Financial Reporting Council mentioned in section 225 of the
Australian Securities and Investments Commission Act 2001 .Note: Under subitem 7 (2) of Schedule 3 to the
Australian Prudential Regulation Authority Amendment Act 2003 , regulations in force under paragraph 56 (5) (a) of the Act immediately before the commencement of that Amendment Act have effect after that commencement of the Amendment Act as if they were also made under subsection 10A (1) of the Act.
For subsection 55 (2) of the Act, subsection 55 (1) of the Act does not apply in relation to the
Fringe Benefits Tax Assessment Act 1986 .
For paragraph (o) of the definition of
prudential regulation framework law in subsection 3 (1) of the Act, theRoyal Commissions Act 1902 is prescribed for the purposes of section 56 of the Act.
The following agencies are specified for the purposes of paragraph 56 (5) (a) of the Act:
(a) the Private Health Insurance Ombudsman established by section 20C of the
Ombudsman Act 1976 ;(aa) the Department administered by the Minister administering the
Agricultural and Veterinary Chemicals Act 1994 ;(b) the Department administered by the Minister administering the
Private Health Insurance Act 2007 ;(c) the Reserve Bank of Australia;
(d) the Australian Bureau of Statistics established under section 5 of the
Australian Bureau of Statistics Act 1975 ;(e) the Australian Federal Police established under section 6 of the
Australian Federal Police Act 1979 ;(f) the Police Force of a State or Territory;
(g) for protected information or a protected document that:
(i) relates to superannuation; and
(ii) is covered by at least 1 of the following Acts:
(B) the
Retirement Savings Accounts Act 1997 ;(C) the
Superannuation Industry (Supervision) Act 1993 ;(D) the
Superannuation (Excluded Funds) Taxation Act 1987 ;the Commissioner of Taxation;
(h) The Department of the Treasury;
(i) the Commission of Inquiry, established under the
Royal Commissions Act 1902 by letters patent dated 29 August 2001, into certain matters relating to the failure of HIH Insurance Group;(j) the Australian Transaction Reports and Analysis Centre (AUSTRAC) continued in existence by force of subsection 209 (1) of the
Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 ;(k) the Australian Crime Commission established by section 7 of the
Australian Crime Commission Act 2002 ;(l) the Superannuation Complaints Tribunal established
by section 6 of the
Superannuation (Resolution of Complaints) Act 1993 ;(m) the Council of Financial Regulators;
(n) the Financial Reporting Council mentioned in section 225 of the
Australian Securities and Investments Commission Act 2001 ;(o) The Treasury (New Zealand);
(p) the Bank for International Settlements;
(q) the Basel Committee on Banking Supervision;
(r) the Financial Stability Board;
(s) the International Monetary Fund;
(t) the World Bank Group.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
200, 1998 | 30 June 1998 | 1 July 1998 (r 1 and gaz 1998, No S316) | |
141, 1999 | 30 June 1999 | 1 July 1999 (r 2 and gaz 1999, No S283) | — |
246, 1999 | 27 Oct 1999 | 27 Oct 1999 | — |
227, 2001 | 30 Aug 2001 | 30 Aug 2001 | — |
256, 2001 | 28 Sept 2001 | 28 Sept 2001 | — |
64, 2002 | 5 Apr 2002 | 5 Apr 2002 | — |
326, 2002 | 20 Dec 2002 | 1 Jan 2003 (r 2) | — |
163, 2003 | 1 July 2003 | 1 July 2003 | — |
277, 2004 | 26 Aug 2004 | 26 Aug 2004 | — |
118, 2007 | 14 May 2007 (F2007L01286) | 15 May 2007 | — |
169, 2008 | 8 Aug 2008 (F2008L02947) | 9 Aug 2008 | — |
223, 2011 | 24 Nov 2011 (F2011L02421) | 25 Nov 2011 | — |
113, 2010 | 15 June 2012 (F2012L01219) | 16 June 2012 | — |
91, 2015 | 18 June 2015 (F2015L00840) | Sch 1 (items 2–4, 40–45): 1 July 2015 (s 2(1) item 2) | Sch 1 (items 40–45) |
226, 2015 | 16 Dec 2015 (F2015L02022) | Sch 1 (item 1): 17 Dec 2015 (s 2(1) item 1) | — |
Treasury Laws Amendment (Agricultural Lending Data) Regulations 2017 | 21 June 2017 (F2017L00706) | Sch 1 (item 1): 22 June 2017 (s 2(1) item 1) | — |
r 2............................................. | rep LA s 48D |
r 3A........................................... | ad No 277, 2004 |
r 4A........................................... | ad No 227, 2001 |
rs No 169, 2008 | |
r 5............................................. | ad No 141, 1999 |
am No 246, 1999; No 256, 2001; No 64, 2002; No 326, 2002; No 163, 2003; No 277, 2004; No 118, 2007; No 169, 2008; No 223, 2011; No 113, 2012; No 91, 2015; No 226, 2015; F2017L00706 | |
r 6............................................. | ad No 163, 2003 |
rep No 277, 2004 |
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