Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021 (Cth)

Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 11 November 2021

David Hurley

Governor‑General

By His Excellency’s Command

Jane Hume

Minister for Superannuation, Financial Services and the Digital Economy

Contents

1Name

This instrument is the Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	12 November 2021

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Corporations Act 2001.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Corporations Regulations 2001

1

At the end of Division 2E

Add:

Subdivision 2E.2—Making portfolio holding information publicly available

7.9.07ZKinds of disclosable item for aggregated reporting

1. (1)

   For the purposes of subsection 1017BB(1A) of the Act, investment items of a kind described in an item of Table 1 in Schedule 8D to these Regulations are a prescribed kind of disclosable item if the table provides that individual asset names are not required to be disclosed for investments items that meet that description.

   Example: Cash assets are required to be organised by the name of the institution and are a prescribed kind of disclosable item as the words “Individual asset names not required to be disclosed” appear immediately below “Name of institution” for cash.

2. (2)

   For the purposes of subsection 1017BB(1A) of the Act, investment items of a kind described in an item of Table 2, 3 or 4 in Schedule 8D are a prescribed kind of disclosable item.

7.9.07ZAWay the information must be organised

General rule

1. (1)

   For the purposes of subsection 1017BB(3) of the Act, the trustee, or the trustees, of the registrable superannuation entity must organise the information about an investment option in a way that:

   1. (a)

      is consistent with the tables in Schedule 8D to these Regulations; and

   2. (b)

      is easily downloadable and readable; and

   3. (c)

      is in one or more formats, with at least one of those formats being a delimited file format.

Different rows or columns in tables

1. (2)

   For the purposes of paragraph (1)(a), when organising the information about an investment option in a way that is consistent with the tables in Schedule 8D, the tables used for the investment option may have a different number of rows or columns from those in the tables in that Schedule.

Using subsidiary tables

1. (3)

   Subregulation (1) does not prevent the information about the investment option from being expressed in a table that:

   1. (a)

      deals only with the investment option; and

   2. (b)

      makes use of one or more subsidiary tables;

if all of the information referred to in Schedule 8D is readily accessible from that combination of tables.

2

In the appropriate position in Chapter 10

Insert:

Part 10.35—Application provisions relating to the Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021

10.35.01Application of amendments relating to portfolio holdings disclosure

The amendments made by Schedule 1 to the Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021 apply in relation to reporting days that occur on or after the later of:

1. (a)

   31 December 2021; and

2. (b)

   the commencement of that Schedule.

3

After Schedule 8C

Insert:

Schedule 8D—Tables for reporting portfolio holding information

(regulations 7.9.07Z and 7.9.07ZA)

1Table 1—Assets

Portfolio Holdings Information for Investment Option [A]—Assets			Summary
Cash
Name of Institution	Currency		Value (AUD)	Weighting (%)
Individual asset names not required to be disclosed. Only disclose the name of the relevant institution for the asset.			Values and weighting for individual assets not disclosed. Only disclose total values and weighting for the asset aggregated by the institution.
Total
Fixed Income Held directly or by associated entities or by PSTs Internally managed
Name of Issuer / Counterparty			Value (AUD)		Weighting (%)
Individual asset names not required to be disclosed. Only disclose the name of the issuer / counterparty for the asset.			Values and weighting for individual assets not disclosed. Only disclose total values and weighting aggregated by the issuer or counterparty of the asset.
Total
Fixed Income Investment in non‑associated entities; Held directly or by associated entities or by PSTs Externally managed
Name of Fund Manager			Value (AUD)		Weighting (%)
Individual asset names not required to be disclosed. Only disclose the name of the fund manager responsible for managing the asset.			Values and weightings for individual assets not disclosed. Only disclose total values and weighting aggregated by the fund manager responsible for managing the asset.
Total
Listed Equity
Name/kind of investment item	Security Identifier	Units held	Value (AUD)		Weighting (%)
Total
Unlisted Equity Held directly or by associated entities or by PSTs Internally managed
Name/kind of investment item	% Ownership		Value (AUD)		Weighting (%)
Values and weighting for individual assets not disclosed. Only disclose total value and weighting.
Total
Unlisted Equity Investment in non‑associated entities; Held directly or by associated entities or by PSTs Externally managed
Name of Fund Manager			Value (AUD)		Weighting (%)
Individual asset names not required to be disclosed. Only disclose the name of the fund manager responsible for managing the asset.			Values and weightings for individual assets not disclosed. Only disclose total values and weighting aggregated by the fund manager responsible for managing the assets.
Total
Listed Property
Name/kind of investment item	Security Identifier	Units held	Value (AUD)		Weighting (%)
Total
Unlisted Property Held directly or by associated entities or by PSTs Internally managed
Name/kind of investment item	Address	% of property held	Value (AUD)		Weighting (%)
Values and weighting for individual assets not disclosed. Only disclose total value and weighting.
Total
Unlisted Property Investment in non‑associated entities; Held directly or by associated entities or by PSTs Externally managed
Name of Fund Manager			Value (AUD)		Weighting (%)
Individual asset names not required to be disclosed. Only disclose the name of the fund manager responsible for managing the asset.			Values and weightings for individual assets not disclosed. Only disclose total values and weighting aggregated by the fund manager responsible for managing the assets.
Total
Listed Infrastructure
Name/kind of investment item	Security Identifier	Units held	Value (AUD)		Weighting (%)
Total
Unlisted Infrastructure Held directly or by associated entities or by PSTs Internally managed
Name/kind of investment item	% Ownership		Value (AUD)		Weighting (%)
Value and weighting for individual assets not disclosed. Only disclose total value and weighting.
Total
Unlisted Infrastructure Investment in non‑associated entities; Held directly or by associated entities or by PSTs Externally managed
Name of Fund Manager			Value (AUD)		Weighting (%)
Individual asset names not required to be disclosed. Only disclose the name of the fund manager responsible for managing the asset.			Values and weightings for individual assets not disclosed. Only disclose total values and weighting aggregated by the fund manager responsible for managing the assets.
Total
Listed Alternatives
Name/kind of investment item	Security Identifier	Units held	Value (AUD)		Weighting (%)
Total
Unlisted Alternatives Held directly or by associated entities or by PSTs Internally managed
Name/kind of investment item			Value (AUD)		Weighting (%)
Value and weighting for individual assets not disclosed. Only disclose total value and weighting.
Total
Unlisted Alternative Investment in non‑associated entities; Held directly or by associated entities or by PSTs Externally managed
Name of Fund Manager			Value (AUD)		Weighting (%)
Individual asset names not required to be disclosed. Only disclose the name of the fund manager responsible for managing the asset.			Values and weightings for individual assets not disclosed. Only disclose total values and weighting aggregated by the fund manager responsible for managing the assets.
Total
Total Investment Items

2Table 2—Derivatives by kind of derivative

Portfolio Holdings Information for Investment Option [A]—Derivatives
Kind of derivative	Value	Weighting
Swaps	Values and weighting for individual derivatives not disclosed. Only disclose total values and weighting for this kind of derivative.
Forwards	Values and weighting for individual derivatives not disclosed. Only disclose total values and weighting for this kind of derivative.
Futures	Values and weighting for individual derivatives not disclosed. Only disclose total values and weighting for this kind of derivative.
Options	Values and weighting for individual derivatives not disclosed. Only disclose total values and weighting for this kind of derivative.
Total

3Table 3—Derivatives by asset class

Portfolio Holdings Information for Investment Option [A]—Derivatives by Asset Class
Asset class	Actual asset allocation (% of total assets (including derivatives) in the investment option)	Effect of derivatives exposure (% of total assets (including derivatives) in the investment option)
Cash
Fixed Income
Equities
Property
Infrastructure
Alternatives
Total

4Table 4—Derivatives by currency

Portfolio Holdings Information for Investment Option [A]—Derivatives by Currency
Currency exposure	Actual currency exposure (% of assets and derivatives under management)	Effect of derivatives exposure (% of assets and derivatives under management)
AUD
USD
Currencies of other developed markets
Currencies of emerging markets