Australian Prudential Regulation Authority (confidentiality) determination No. 16 of 2010

Administered by Department of the Treasury

Legislation au F2010L02390 Not in force Legislative Instrument

Legislation content

Australian Prudential Regulation Authority (confidentiality) determination No.16 of 2010

 

Information provided by locally-incorporated banks and foreign authorised deposit-taking institutions under Reporting Standard ARS 320.0 (2005)

 

 

EXPLANATORY STATEMENT

Issued by the authority of the Australian Prudential Regulation Authority (APRA)

Australian Prudential Regulation Authority Act 1998 (APRA Act), section 57

 

Australian Prudential Regulation Authority (confidentiality) determination No.16 of 2010 (the Determination), made on 24 August 2010 is APRA’s seventy eighth determination in relation to information provided under Reporting Standard ARS 320.0 (2005) Statement of Financial Position (Domestic Books) (ARS 320.0) (and its predecessor reporting standards) under section 57 of the APRA Act.[1] The purpose of the Determination is to enable APRA to publish an edition of Monthly Banking Statistics, which will contain data in respect of July 2010.

Legislative background

Subsection 56(5C) of the APRA Act provides that it is not an offence against section 56(2) of that Act to disclose information in a reporting document given to APRA under section 13 of the Financial Sector (Collection of Data) Act 2001 where APRA has determined, under section 57, that the document does not contain confidential information.

Section 57 of the APRA Act gives APRA power to determine whether a document given under section 13 of the Financial Sector (Collection of Data) Act contains confidential information. The section provides that before doing so APRA must give relevant entities or bodies, or their representative association, a reasonable opportunity to make representations as to whether information of the kind contained in the document is confidential, and take such representations into account (consultation undertaken is discussed below.)

Information covered by the determination

The Determination provides that certain information given to APRA under ARS 320.0 (made under section 13 of the Financial Sector (Collection of Data) Act by Financial Sector (Collection of Data) determination No. 37 of 2005[2]), being information received on or after the date of APRA’s last determination under section 57 and before the date of this one, is non-confidential. It applies to information given to APRA by foreign Authorised Deposit-taking Institutions (ADIs) (generally banks) and locally-incorporated banks.

The Determination excludes information of a sensitive nature, including information relating to shareholder’s equity, total income tax liability and total provisions. The latter two items were excluded as a result of consultations with industry under section 57 of the APRA Act (see below).

Items that will be disclosed (and which are covered by the Determination) are set out in the Appendix to this Explanatory Statement.

 

Consultation

 

APRA commenced consultations in relation to whether information of the kind covered by the Determination should be treated as non-confidential by writing to locally-incorporated banks, foreign ADIs, and their respective representative bodies, on 24 December 2003. Most agreed that information of the kind covered by the Determination could be treated as non-confidential. A small minority objected to the publication of any information from ARS 320.0, but in APRA’s view there is a strong public interest in the publication of the information, and it is noted that similar information was regularly published under the former section 51 of the Banking Act 1959.

 

 


Appendix

 

Items to be published in the Monthly Banking Statistics publication 

 

Table 1: Selected Assets on Australian Books of Individual Banks 

 Cash and liquid assets

 Trading securities

 Investment securities

 Acceptances of customers

 Gross loans and advances

 Other investments

 Total resident assets

 Outstanding principal balance of securitised assets

 Value of housing loans securitised

 

Table 2: Loans and Advances on Australian Books of Individual Banks 

 Loans to non-financial corporations

 Loans to financial corporations

 Loans to general government

 Housing loans - owner-occupied

 Housing loans - investment

 Household credit cards

 Other household loans

 Loans to community service organisations and non-profit institutions

 Total gross loans and advances

 Intra-group loans and advances

 

Table 3: Selected Liabilities on Australian Books of Individual Banks 

 Due to clearing houses and financial institutions

 Acceptances

 Total deposits

 Intra-group deposits

 Bonds, notes and long-term borrowings

 Other borrowings

 

Table 4: Deposits on Australian Books of Individual Banks 

 Deposits from non-financial corporations

 Deposits from financial corporations

 Deposits from general government

 Deposits from households

 Deposits from community service organisations and non-profit institutions

 Other deposit accounts

 Certificates of deposit

 Total deposits

 

 

 

[1]  Prior to January 2006, determinations under section 57 of the APRA Act were entitled ‘Non-confidentiality determination No. X of 200X’.

[2]  Legislative Instrument - F2005L01683: see http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/asmade/bytitle/0F204D94AC5C5E1FCA2570280080F2F0?OpenDocument.

Overview

The Australian Prudential Regulation Authority (confidentiality) determination No.16 of 2010 was enacted to address the need for the Australian Prudential Regulation Authority (APRA) to publish an edition of Monthly Banking Statistics containing data for July 2010. This determination, issued under section 57 of the Australian Prudential Regulation Authority Act 1998, allows APRA to disclose certain non-confidential information provided by locally-incorporated banks and foreign authorised deposit-taking institutions under Reporting Standard ARS 320.0 (2005). The primary objective of the determination is to facilitate the dissemination of banking statistics while ensuring that sensitive information remains protected. After consulting with relevant entities and considering their representations, APRA concluded that the majority of the information could be published without compromising confidentiality. The determination excludes sensitive information such as shareholder’s equity, total income tax liability, and total provisions, while allowing the disclosure of various assets and liabilities as specified in the appendix to this Explanatory Statement.

Scope and Application

The Australian Prudential Regulation Authority (confidentiality) determination No.16 of 2010 applies to information provided to the Australian Prudential Regulation Authority (APRA) by locally-incorporated banks and foreign authorised deposit-taking institutions (ADIs) under Reporting Standard ARS 320.0. This determination is made in accordance with section 57 of the Australian Prudential Regulation Authority Act 1998. The primary objective of this determination is to facilitate APRA's publication of an edition of Monthly Banking Statistics, which will include data related to July 2010. The Determination excludes sensitive information, such as details related to shareholders' equity, total income tax liability, and total provisions, which were excluded following consultations with industry. Specific items that will be disclosed and are covered by this determination are detailed in the appendix to the explanatory statement. This determination applies to information submitted to APRA by foreign ADIs and locally-incorporated banks on or after the date of APRA’s last determination under section 57 and before the date of this determination.

Key Provisions

The Australian Prudential Regulation Authority (confidentiality) determination No.16 of 2010 (the Determination) is a crucial instrument under section 57 of the Australian Prudential Regulation Authority Act 1998 (APRA Act). This Determination allows APRA to publish certain financial data from locally-incorporated banks and foreign authorised deposit-taking institutions (ADIs) in its Monthly Banking Statistics, specifically for the month of July 2010. The information provided under the Reporting Standard ARS 320.0 (2005) is classified as non-confidential, permitting its publication while safeguarding sensitive details. The scope of this Determination includes data received by APRA from these entities after the previous confidentiality determination and before the date of this one, excluding sensitive financial details such as shareholder's equity, total income tax liability, and total provisions. The obligations imposed by this Determination on locally-incorporated banks and foreign ADIs are primarily related to the provision of specified financial data to APRA. These entities are required to submit the relevant information under ARS 320.0 as stipulated by section 13 of the Financial Sector (Collection of Data) Act 2001. APRA, in turn, is mandated to consult with these entities and their representative bodies before determining the confidentiality status of the data. This consultation process ensures that the entities have a reasonable opportunity to present their views on whether the information should be deemed confidential. The Determination also requires APRA to consider these representations when making its decision. The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within its text. However, the underlying legislation, particularly the APRA Act and the Financial Sector (Collection of Data) Act, may impose penalties for non-compliance or improper disclosure of information. In cases where sensitive information is disclosed in breach of the confidentiality provisions, the entities involved could face legal action, penalties, or other regulatory consequences as prescribed by the relevant Acts. It is important for these entities to adhere to the requirements of the Determination to avoid potential repercussions.

Legal classification tags

Area of Law
Financial Regulation
Instrument
Determination
Concepts
Consultation Requirements
Reporting & Disclosure Obligations
Exemptions & Exclusions
Catchwords
Non-confidentiality

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.