Australian Prudential Regulation Authority (confidentiality) determination No. 6 of 2007

Administered by Department of the Treasury

Legislation au F2007L01432 Not in force Legislative Instrument

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Australian Prudential Regulation Authority (confidentiality) determination    No. 6 of 2007

 

Information provided by locally-incorporated banks and foreign authorised deposit-taking institutions under Reporting Standard ARS 320.0 and Reporting Standard ARS 320.0 (2003)

 

EXPLANATORY STATEMENT

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

Australian Prudential Regulation Authority Act 1998 (the APRA Act), s 57

 

Australian Prudential Regulation Authority (confidentiality) determination No. 6 of 2007 (the Determination), made on 15 May 2007 determines under s 57 of the APRA Act, that certain information in reporting documents given to APRA under Reporting Standard ARS 320.0 for reporting periods between 1 July 2002 and ending 31 July 2003 and under Reporting Standard ARS 320.0 (2003) for reporting periods between 1 August 2003 and ending on 29 February 2004, is not confidential information. [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 the period 1 July 2002 to 29 February 2004. APRA has previously made a number of such determinations to permit monthly publication of the statistical information contained in Monthly Banking Statistics.

Legislative background

Subsection 56(5C) of the APRA Act provides that it is not an offence against s 56(2) of that Act to disclose information in a reporting document given to APRA under s 13 of the Financial Sector (Collection of Data) Act 2001 (the FSCOD Act) where APRA has determined, under s 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 s 13 of the FSCOD 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 in reporting documents under Reporting Standard ARS 320.0 Statement of Financial Position (Domestic Books) made under s 13 of the FSCOD Act by Determination of Reporting Standards on 28 June 2002 and under Reporting Standard ARS 320.0 (2003) Statement of Financial Position (Domestic Books)[2] (made under s13 of the FSCOD Act by Revocation No.1 and Determination No.5 of 2003 Reporting Standards for ADIs on 23 June 2003), in respect of reporting periods between 1 July 2002 and 29 February 2004, is non-confidential.  It applies to information given to APRA by foreign ADIs (generally banks) and locally-incorporated banks.

The Determination excludes (in Part 2 of the Schedule) 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 s 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 has been requested by industry to publish the information covered by the Determination. In April 2007 APRA wrote to the reporting entities concerned informing them of the proposed release of information covered by the Determination and inviting them to review and correct the data proposed to be released. No objections were received to the proposed release.

 

APRA first 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 s 51 of the Banking Act 1959.

 

 

 


Appendix

 

Items to be published in the Monthly Banking Statistics publication for reporting periods between 1 July 2002 and 29 February 2004.             

 

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 value of all assets that have been securitised

 Value of housing loans securitised (commencing December 2003)

 

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 (commencing July 2003)

 

Table 3: Selected Liabilities on Australian Books of Individual Banks 

 Due to clearing houses and financial institutions

 Acceptances

 Total deposits

 Intra-group deposits (commencing July 2003)

 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]  Found at http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/443A6952DC507C05CA256F900014A583/$file/ARS+320.0+20031.doc

Overview

The Australian Prudential Regulation Authority (confidentiality) determination No. 6 of 2007, made under section 57 of the Australian Prudential Regulation Authority Act 1998, aims to facilitate the publication of certain financial data from locally-incorporated banks and foreign authorised deposit-taking institutions (ADIs) for the reporting periods between 1 July 2002 and 29 February 2004. This determination ensures that specific information provided to the Australian Prudential Regulation Authority (APRA) under the Financial Sector (Collection of Data) Act 2001 is not treated as confidential, thereby enabling APRA to publish this data in its Monthly Banking Statistics. The determination was enacted to address the need for transparency and the dissemination of financial information to the public, with the objective of supporting informed decision-making and market oversight. Consultations were conducted with relevant entities and their representative associations before the determination was made. The feedback largely supported the release of the specified information as non-confidential, although some objections were noted. APRA considered the public interest in the publication of such data, given that similar information was previously disclosed under the Banking Act 1959. The determination excludes sensitive information such as shareholder’s equity, total income tax liability, and total provisions, which were excluded following industry consultations.

Scope and Application

The Australian Prudential Regulation Authority (confidentiality) determination No. 6 of 2007 applies to information provided by locally-incorporated banks and foreign authorised deposit-taking institutions (ADIs) under Reporting Standards ARS 320.0 and ARS 320.0 (2003) for reporting periods between 1 July 2002 and 29 February 2004. This Determination, made under section 57 of the Australian Prudential Regulation Authority Act 1998 (APRA Act), specifies that certain information in the reporting documents submitted to APRA is not considered confidential. This decision enables APRA to publish an edition of Monthly Banking Statistics that encompasses data from the specified period. Notably, the Determination excludes information deemed sensitive, such as shareholder equity, total income tax liability, and total provisions, which were excluded following consultations with the industry. The application of this Determination is limited to the specified reporting periods and standards, and it does not extend to other types of financial information or institutions unless explicitly stated in subordinate instruments.

Key Provisions

The Australian Prudential Regulation Authority (APRA) (confidentiality) determination No. 6 of 2007 pertains to the information provided by locally-incorporated banks and foreign authorised deposit-taking institutions (ADIs) under Reporting Standards ARS 320.0 and ARS 320.0 (2003). The main operative sections of this Determination, specifically section 1, establish that certain information in reporting documents provided to APRA under these standards for specified reporting periods is not considered confidential information. This provision is intended to facilitate the publication of an edition of Monthly Banking Statistics, which will include data from 1 July 2002 to 29 February 2004. The obligations and requirements imposed by this Determination on the entities it governs are primarily related to the disclosure of specific financial information. These entities are required to provide APRA with detailed financial data as per the stipulated reporting standards. APRA, in turn, must consider any representations made by the relevant entities or their associations before determining whether the information is non-confidential. The Determination explicitly excludes certain sensitive information, such as details relating to shareholder equity, total income tax liability, and total provisions, which were excluded following industry consultations. The Determination also outlines the potential consequences for breach, although it does not explicitly mention specific offences, penalties, or civil/criminal consequences within the text. The authority to make such determinations is derived from section 57 of the Australian Prudential Regulation Authority Act 1998 (APRA Act), which allows APRA to decide on the confidentiality of information in reporting documents. Subsection 56(5C) of the APRA Act further stipulates that disclosing information deemed non-confidential by APRA does not constitute an offence. The determination process ensures that APRA takes into account the views of the relevant entities and their associations, aiming to balance the public interest in financial transparency with the need to protect sensitive information. In summary, the Australian Prudential Regulation Authority (confidentiality) determination No. 6 of 2007 mandates that certain financial information provided by banks and ADIs for specified periods is non-confidential, facilitating its publication in Monthly Banking Statistics. The entities involved must provide detailed financial data as per the reporting standards, and APRA must consider any representations from these entities before making its determination. While the Determination does not specify penalties for breach, it underscores the importance of balancing public interest in financial transparency with the protection of sensitive information.

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