Financial Sector (Collection of Data) (reporting standard) determination No. 54 of 2008 ARS 396.0 Points of Presence (Cth)
Financial Sector (Collection of Data) (reporting standard) determination No. 54 of 2008
Reporting standard ARS 396.0 Points of Presence
Financial Sector (Collection of Data) Act 2001
I, Wayne Stephen Byres, a delegate of APRA, under paragraph 13(1)(a) of the Financial Sector (Collection of Data) Act 2001 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901:
REVOKE Reporting Standard ARS 396.0 Points of Presence made by Financial Sector (Collection of Data) (reporting standard) determination No. 42 of 2006; and
DETERMINE Reporting Standard ARS 396.0 Points of Presence in the form set out in the Schedule, which applies to financial sector entities to the extent provided in paragraph 2 of the reporting standard.
Under section 15 of the Act, I DECLARE that the reporting standard shall begin to apply to those financial sector entities, and the revoked reporting standard shall cease to apply, on the later of 1 April 2008 and the date of registration of this instrument on the Federal Register of Legislative Instruments.
Dated 4th February 2008
[Signed]
Wayne Byres
Executive General Manager
Diversified Institutions Division
Interpretation
In this Determination
APRA means the Australian Prudential Regulation Authority.
Federal Register of Legislative Instruments means the register established under section 20 of the Legislative Instruments Act 2003.
Schedule
Reporting Standard ARS 396.0 Points of Presence comprises the 12 pages commencing on the following page.
Reporting Standard ARS 396.0
Points of Presence
Objective of this reporting standard
This reporting standard is made under section 13 of the Financial Sector (Collection of Data) Act 2001 and outlines the overall requirements for the provision of information to APRA relating to an authorised deposit-taking institution’s points of presence. It should be read in conjunction with Form ARF 396.0 Points of Presence and the associated instructions (all of which are attached and form part of this reporting standard).
Purpose
Data collected in Form ARF 396.0 Points of Presence (Form ARF 396.0) is used by APRA for the purpose of prudential supervision. It may also be used by the Reserve Bank of Australia and the Australian Bureau of Statistics.
Application
This reporting standard applies to all authorised deposit-taking institutions (ADIs).
Information required
An ADI that is an Australian-owned bank, a foreign subsidiary bank, a branch of a foreign ADI or an other ADI must provide APRA with the information required by Form ARF 396.0 on a domestic books basis for each reporting period.
An ADI that is a credit union, a building society, a specialist credit card institution (whether locally-incorporated or not) or Cairns Penny Savings & Loans Limited must provide APRA with the information required by Form ARF 396.0 on a licensed ADI basis for each reporting period.
Form and method of submission
The information required by this reporting standard must be given to APRA in electronic form, using one of the electronic submission mechanisms provided by the ‘Direct to APRA’ (also known as ‘D2A’) application.
Note: the Direct to APRA application software may be obtained from APRA.
Reporting periods and due dates
Subject to paragraph 7, an ADI to which this reporting standard applies must provide the information required by this reporting standard in respect of each financial year (within the meaning of the Corporations Act 2001) of the ADI.
APRA may, by notice in writing, change the reporting periods, or specified reporting periods, for a particular ADI, to require it to provide the information required by this reporting standard more frequently, or less frequently, having regard to:
(a)the particular circumstances of the ADI;
(b)the extent to which the information is required for the purposes of the prudential supervision of the ADI; and
(c)the requirements of the Reserve Bank of Australia or the Australian Bureau of Statistics.
The information required by this reporting standard must be provided to APRA by 20 business days after the end of the reporting period to which it relates.
APRA may grant an ADI an extension of a due date in writing in which case the new due date for the provision of the information will be the date on the notice of extension.
Authorisation
All information provided by an ADI under this reporting standard must be subject to processes and controls developed by the ADI for the internal review and authorisation of that information. It is the responsibility of the board and senior management of the ADI to ensure that an appropriate set of policies and procedures for the authorisation of data submitted to APRA is in place.
If an ADI submits information under this reporting standard using the ‘Direct to APRA’ software, it will be necessary for an officer of the ADI to digitally sign, authorise and encrypt the relevant data. For this purpose, APRA’s certificate authority will issue ‘digital certificates’, for use with the software, to officers of the ADI who have authority from the ADI to transmit the data to APRA.
Minor alterations to forms and instructions
APRA may make minor variations to:
(a)a form that is part of this reporting standard, and the instructions to such a form, to correct technical, programming or logical errors, inconsistencies or anomalies; or
(b)the instructions to a form, to clarify their application to the form
without changing any substantive requirement in the form or instructions.
If APRA makes such a variation it must notify in writing each ADI that is required to report under this reporting standard.
Transitional
An ADI must report under the old reporting standard in respect of a transitional reporting period. For these purposes:
old reporting standard means the reporting standard revoked in the determination making this reporting standard (being the reporting standard which this reporting standard replaces).
transitional reporting period means a reporting period under the old reporting standard:
(a)which ended before the date of revocation of the old reporting standard; and
(b)in relation to which the ADI was required, under the old reporting standard, to report by a date on or after the date of revocation of the old reporting standard.
Note: for the avoidance of doubt, if an ADI was required to report under an old reporting standard, and the reporting documents were due before the date of revocation of the old reporting standard, the ADI is still required to provide the overdue reporting documents in accordance with the old reporting standard.
Interpretation
In this reporting standard:
ADI means an authorised deposit-taking institution within the meaning of the Banking Act 1959.
APRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998.
Australian-owned bank means a locally incorporated ADI that assumes or uses the word ‘bank’ in relation to its banking business and is not a foreign subsidiary bank.
branch of a foreign bank means a ‘foreign ADI’ as defined in section 5 of the Banking Act 1959, but does not include a SCCI that is a foreign ADI.
building society means a locally incorporated ADI that assumes or uses the expression ‘building society’ in relation to its banking business.
business days means ordinary business days, exclusive of Saturdays, Sundays and public holidays.
class of ADI means each of the following:
(i)Australian-owned bank;
(ii)foreign subsidiary bank;
(iii)branch of a foreign bank;
(iv)building society;
(v)credit union;
(vi)other ADI; and
(vii)specialist credit card institution.
credit union means a locally incorporated ADI that assumes or uses the expression ‘credit union’ in relation to its banking business and includes Cairns Penny Savings & Loans Limited.
due date means the relevant due date under paragraph 8 or, if applicable, paragraph 9.
foreign subsidiary bank means a locally incorporated ADI in which a bank that is not locally incorporated has a stake of more than 15 per cent.
locally incorporated means incorporated in Australia or in a State or Territory of Australia, by or under a Commonwealth, State or territory law.
other ADI means an ADI that is not an Australian-owned bank, a branch of a foreign bank, a building society, a credit union, a foreign subsidiary bank or a specialist credit card institution but does not include Cairns Penny Savings & Loans Limited.
reporting period means a period mentioned in paragraph 6 or, if applicable, paragraph 7.
specialist credit card institution means an ADI that is subject to a condition on its authority under section 9 of the Banking Act 1959 confining the banking business that the ADI is authorised to carry on to the activities of credit card acquiring and credit card issuing in any credit card scheme that was designated as a payment system under section 11 of the Payment Systems (Regulation) Act 1998 on 11 April 2001.
stake means a stake determined under the Financial Sector (Shareholdings) Act 1998, as if the only associates that were taken into account under paragraph (b) of subclause 10(1) of the Schedule to that Act were those set out in paragraphs (h), (j) and (l) of subclause 4(1).
Reporting Form ARF 396.0
Points of Presence
Instruction Guide
This form collects information about the type and locality of service delivery channels, or “points of presence” for authorised deposit-taking institutions (ADIs), within Australia. This form requires full disclosure of face-to-face services and electronic service points (excluding Electronic Funds Transfer at Point of Sale (EFTPOS)/Electronic Funds Transfer at Point of Banking (EFTPOB)).
ADIs need to segment their service channels into types of outlet. A description of the minimum services available to customers at each outlet must be provided. The form does not mandate the way that institutions segment their service outlets.
General directions and notes
Reporting entity
This form is to be completed by all Australian-owned banks, foreign subsidiary banks, branches of foreign banks and other ADIs on a Domestic books basis.
This form should be completed by Credit Unions, Cairns Penny Savings & Loans Limited, Building Societies and Specialist Credit Card Institutions (SCCIs) on a licensed ADI basis. SCCIs that operate as branches in Australia are required to complete this form for the Australian branch only.
Securitisation deconsolidation principle
Except as otherwise specified in these instructions, the following applies:
Where an ADI (or a member of its Level 2 consolidated group) participates in a securitisation that meets APRA’s operational requirements for regulatory capital relief under Prudential Standard APS 120 Securitisation (APS 120):
(a)special purpose vehicles (SPVs) holding securitised assets may be treated as non-consolidated independent third parties for regulatory reporting purposes, irrespective of whether the SPVs (or their assets) are consolidated for accounting purposes;
(b)the assets, liabilities, revenues and expenses of the relevant SPVs may be excluded from the ADI’s reported amounts in APRA’s regulatory reporting returns; and
(c)the underlying exposures (i.e. the pool) under such a securitisation may be excluded from the calculation of the ADI’s regulatory capital (refer to APS 120). However, the ADI must still hold regulatory capital for the securitisation exposures[1] that it retains or acquires and such exposures are to be reported in Form ARF 120.0 Standardised – Securitisation or Forms ARF 120.1A to ARF 120.1C IRB – Securitisation (as appropriate). The RWA relating to such securitisation exposures must also be reported in Form ARF 110.0 Capital Adequacy (ARF 110.0).
[1] Securitisation exposures are defined in accordance with APS 120.
Where an ADI (or a member of its Level 2 consolidated group) participates in a securitisation that does not meet APRA’s operational requirements for regulatory capital relief under APS 120, or the ADI elects to treat the securitised assets as on-balance sheet assets under Prudential Standard APS 112 Capital Adequacy: Standardised Approach to Credit Risk or Prudential Standard APS 113 Capital Adequacy: Internal Ratings-based Approach to Credit Risk, such exposures are to be reported as on-balance sheet assets in APRA’s regulatory reporting returns. In addition, these exposures must also be reported as a part of the ADI’s total securitised assets within Form ARF 120.2 Securitisation – Supplementary Items.
Licensed ADI
This refers to the operations of the reporting ADI on a stand-alone basis.
Reporting period
The form is to be completed for the period ending 30 June each financial year. All ADIs are required to submit the completed return within 20 business days of the reporting period.
Specific instructions
Section A: Service channel type
Service channel type
To specify the service channel type, ADIs should provide the name of each service channel type using their own accepted internal naming conventions. Some examples of the types of service channels your institution could report include: Branch, Agency, Automated Teller Machines (ATM), EFTPOS, Head Office, Mobile Lenders. A separate form should be completed for each type of service or distribution outlet.
Description of service channel
A textual description of the service channel should be included within the text box and should be as complete as possible.
For face-to-face services, the description should address each of the following areas:
Does the Point of Presence (POP) provide cash/cheque deposit and cash withdrawal services for personal and small business customers?
Does the POP provide cash/cheque deposit and cash withdrawal services for personal customers only?
Does the POP provide direct access to other financial services?
Are non - financial services provided by the POP?
Is the POP located in the ADIs premises?
Do other businesses operate out of the same premises?
Do ADI employees staff the POP?
Do any of the POPs in this class of service outlet provide access to financial services on a part time basis?
If the answer to (8) is YES – then the basis on which the services are made available should be described (e.g: “Branches indicated as “Part Time” are staffed at least 7.5 hours each week”)
Meets minimum branch requirements
ADIs will need to declare whether or not the service channel type meets the definition of a ‘branch’ as described below. If it does the box for “Meets minimum branch requirements” question should be marked with Y.
To be considered a branch, the following minimum face-to-face services must all be provided.
A branch:
accepts cash and other deposits (including business deposits) and provides change;
facilitates the keeping of accounts for customer access, including the provision of account balances;
opens and closes accounts;
can facilitate or arrange the assessment of the credit risk of existing and potential customers; and
offers additional services in the one establishment such as financial services, business banking and specialist lending, if these are generally available from the ADI.
The last dot point above need not mean that a financial adviser or business credit manager be available in the branch - the staff of the branch may simply act as a referral point for customers interested in these kinds of services.
Service channels that do not meet the minimum branch requirements
If a service channel does not meet the minimum branch requirements, you are required to select which of the following categories it falls into: “Other face-to-face”, “Electronic” or “Other”.
“Other face-to-face” includes service channels that provide face-to-face services but do not meet the minimum branch requirements, such as, Agencies, Mobile Lenders, Head Offices etc.
Service channels falling into the “Electronic” category may include ATMs, EFTPOS & RediPOS etc.
The “Other” category may include service channels such as Merchant/Investment Bank Offices, Internet/Telephone Banking.
Uniformity and reporting electronic service channels
ADIs are required to report information about their Automatic Teller Machines and Cash Dispensers (CDs). The reporting of other forms of electronic service channels, while encouraged, is not mandatory.
Please report these services using the three generally accepted classes of electronic service points:
ATMs and CDs
Terminal allowing an authorised cardholder to withdraw cash from either a cheque/savings or credit account. Where the terminal is an ATM, it will also provide access to a varying range of other services such as balance inquiry, transfer of funds and acceptance of deposits. Authorisation is via a Personal Identification Number (PIN). Access is unassisted and may be 24 hours/day, depending on the terminal’s location.
The reporting of ATMs within the Points of Presence form should be done in the following manner:
the ADI that has ownership of the ATM and is responsible for the switching of transactions are to report this terminal on the form.
do not report ATMs that are supplied by other institutions even though your institution has access to the third party owned ATM.
EFTPOS terminal
Terminal located at a retail outlet which enables an authorised cardholder to purchase goods and services using either deposit or credit funds and may also enable cash withdrawals using deposit funds. Authorisation is via a PIN for deposit funds and a verified signature for credit funds. Access is with the assistance of the retailer and is therefore restricted to the operating hours of the retail outlet.
All ADIs must report their own terminals.
For non-ADI owned terminals. The party or ADI which is responsible for key management of the terminal is responsible for recording the terminal on this form. Provision of key management involves securing the transaction message at the point of capture. This would also include switching the transaction. For example, a third party who owns the terminal and has an ADI ‘driving’ the transactions, the ADI is to report these terminals (a non-ADI third party that owns the terminal and ‘drives’ the transactions will report to the Reserve Bank).
EFTPOB terminal
Terminal located at a retail outlet which enables an authorised cardholder to withdraw cash from a cheque/savings or credit account and also provides access to a varying range of other services such as balance inquiry, transfer of funds and acceptance of deposits. Authorisation is via a PIN. Access is with the assistance of the retailer and is therefore restricted to the operating hours of the retail outlet. GiroPost terminals are not to be included in this category – please report them separately.
All ADIs report their own terminals.
For non-ADI owned terminals. The party or ADI which is responsible for key management of the terminal is responsible for recording the terminal on this form. Provision of key management involves securing the transaction message at the point of capture. This would also include switching the transaction. For example, a third party who owns the terminal and has an ADI ‘driving’ the transactions, the ADI is to report these terminals (a non-ADI third party that owns the terminal and ‘drives’ the transactions will report to the Reserve Bank of Australia).
Credit authorised transfer (CAT)/CAT with merchant data CAPture (CAT/CAP)
Terminal located at a retail outlet which enables an authorised cardholder to purchase goods and services using credit funds. Authorisation is via a signature. The CAT/CAP terminal does not require a paper voucher because CAP functionality allows for electronic capture and transfer of the transaction details. Access is with the assistance of the retailer and is therefore restricted to the operating hours of the retail outlet.
Giropost
In an endeavor to ensure consistent reporting of Giropost outlets, APRA will obtain this information directly from Australia Post for outlets that perform personal banking.
In the case where the ADI offers services to business customers, in addition to personal, via a Giropost outlet, this will need to be reported as a separate service channel. A description of the services provided in addition to locality needs to be listed within the table.
Over the counter cash transactions
Two further boxes have been added to the form in order to facilitate the presentation of information upon release to the general public. The boxes relate to ‘Provides over the counter cash transactions’. If such services are provided, then the reporting institution must indicate whether these services are available to business customers and/or personal customers.
Section B: Location of service channel
Locality disclosure
For each class of service, report (1) the town or suburb where the service is physically located, (2) the postcode and (3) state/territory location. In column (4) report the total number of instances of the provision of that service in that location. Please ensure that the spelling of localities is accurate. If unsure of the spelling of a locality, please visit where a search can be done on all localities within Australia. It should be noted that this segmentation is mandatory for all physical delivery channels other than EFTPOS/EFTPOB.
Part time indicator
Next to the total number of service points in each locality, column (5), please indicate the number of these service points that operate on a part time basis. Where a part time indicator is utilised, please describe the times of normal operation during which these service points operate within the “Description of service channel” box that is used to describe the services available at the particular service channel. ADIs may, if they prefer, provide a separate disclosure of their part time service points. In this situation, the number of service points disclosed by locality would always match the number of part time service points.
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