Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2013

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Australian Prudential Regulation Authority instrument fixing charges

No.1 of 2013

For applications for authorisation or registration as an ADI, General Insurer or Life Company

EXPLANATORY STATEMENT

Prepared by the Australian Prudential Regulation Authority

Australian Prudential Regulation Authority Act 1998, paragraph 51(1) (b)

Acts Interpretation Act 1901, subsection 33(3)

 

This explanatory statement relates to Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2013 made under paragraph 51(1)(b) of the Australian Prudential Regulation Authority Act 1998 (the APRA Act) and subsection 33(3) of the Acts Interpretation Act 1901[1] and dated 8 March 2013 (the Instrument). 

 

The Instrument:

1. revokes the Instrument fixing charges to be paid to APRA No 1 of 2010 for applications for authorisation as an ADI, General Insurer or Life Company dated 17 December 2010 (the revoked instrument); and

 

2. fixes the charges set out in the Schedule to the Instrument, in respect of applications for authorisation or registration as an authorised deposit-taking institution (ADI) for the purposes of the Banking Act 1959 (the Banking Act), as a general insurer for the purposes of the Insurance Act 1973 (the Insurance Act), and as a life company (including a friendly society), for the purposes of the Life Insurance Act 1995 (the Life Act), respectively. 

 

  1. Background

 

Legislative framework

 

The APRA Act is administered by APRA. APRA has statutory responsibility for the prudential regulation of most of the superannuation industry, the general insurance and life insurance industries and authorised deposit taking institutions (ADIs), which include banks, building societies and credit unions.

Subsection 51(1) of the APRA Act provides that APRA may, by legislative instrument, fix charges to be paid to it by persons in respect of:

(a) services and facilities which APRA provides to such persons; and

(b) applications or requests made to APRA under laws of the Commonwealth.

 

Subsection 51(1) also specifies that an instrument fixing charges may provide for the waiver or refund of the charges. 

 

Subsection 51(2) of the APRA Act provides that a charge fixed under subsection 51(1) must be reasonably related to the costs and expenses incurred or to be incurred in relation to the matters to which the charge relates, and must not be such as to amount to taxation.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument (including rules, regulations or bylaws) the power shall, unless the contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

APRA made the Instrument Fixing Charges to be paid to APRA for applications for authorisations as an ADI, General Insurer or Life Company dated 3 June 2003 (the original charging instrument). 

 

The reasons for imposing the charges and the basis for calculation of the charges is set out in the combined Explanatory Statement and Regulatory Impact Statement for the original charging instrument[2]. 

 

2.      Purpose of the Instrument

 

The Instrument sets out the charges fixed by APRA for applications for authorisation or registration as an ADI for the purposes of the Banking Act, as a general insurer for the purposes of the Insurance Act, and as a life company (including a friendly society), for the purposes of the Life Act, respectively.   

 

The charges which are fixed are set out in the Schedule to the Instrument and are summarised below.

 

The Instrument also provides that the charges concerned are payable by the applicant when the application is lodged, are not refundable if the application is refused, withdrawn or not proceeded with, and may be waived or refunded by APRA in specified circumstances, (as permitted under subsection 51(1) of the APRA Act).

 

For the avoidance of doubt, it should be noted that the charge is payable in respect of every new application, even one that is made after the refusal or withdrawal of an earlier application for which the applicant also paid a charge. These provisions are also consistent with those contained in the revoked instrument.

 

 

Table 1 Summary of the charges fixed by the Instrument.

Entity type

Type of charge

Proposed charge

ADIs

 

 

Bank

Authorisation charge

$80,000

Building society or credit union

Authorisation charge

$80,000

Specialist credit card institution or provider of purchased payment facilities

Authorisation charge

$40,000

Other ADI under section 9 of the Banking Act not yet covered

Authorisation charge

$80,000

Other Entities

 

 

General insurer

Authorisation charge

$80,000

Life company (other than a friendly society)

Registration charge

$80,000

Life company (being a friendly society)

Registration charge

$80,000

 

These charges are exempt from GST by operation of A New Tax System (Goods and Services Tax) (Exempt Taxes, Fees and Charges) Determination 2010 (No. 2) made by the Assistant Treasurer on 7 June 2010 (the GST Determination) under section 81-5 of the A New Tax System (Goods and Services Tax) Act 1999.

 

Operation and commencement of the Instrument

 

The Instrument operates to repeal the original charging instrument and the variation instrument, and fix the charges set out in the Schedule to the Instrument.  The Instrument commences on the date of registration on the Federal Register of Legislative Instruments.

 

Charges must be reasonably related to the costs and expenses incurred

 

The charges set by this instrument are fixed on a cost recovery basis and in line with the Australian Government Cost Recovery Guidelines July 2005.  A Cost Recovery Impact Statement (CRIS) has been tabled in support of this Explanatory Statement.

 

How the charges have been calculated

The ADI, General Insurer or Life Company fees were reviewed (along with other entity type fees) during the 2011-12 financial year to ascertain whether all existing fees are set at appropriate levels and are compliant with the cost recovery guidelines.

This review included consultation with members of APRA's cross-division Licensing Group.

3.      Consultation

 

Consultation has not been undertaken as the changes are considered to be of a minor or machinery nature and do not substantially alter existing arrangements within the meaning of paragraph 18(2)(a) of the Legislative Instruments Act 2003.

 

4.      Cost Recovery Impact Statement

A Cost Recovery Impact Statement, executed by APRA’s Chairman and dated 7 March 2013 has been prepared which captures the proposed charges.

As indicated in the Cost Recovery Impact Statement:

“The outcome of the review relating to applications of entities, including ADIs, General Insurers and regulated Life Companies, intending to be authorised fees was:

  • All licensing application charges should be charged at the same level, regardless of the industry type;
  • All licensing application charges are to be increased to better reflect the actual cost incurred, with the exception of special service providers (SCCI and PPPFs); and
  • There should be no discount applied to licensing re-application charges. “

 

5.      Regulation Impact Statement

The Office of Best Practice Regulation has been consulted on the applications for authorisation or registration as an ADI, General Insurer or Life Company and has advised that a Regulation Impact Statement is not required as the proposed changes are of a ‘minor nature’.

 

6.      Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

APRA has assessed the Instrument against the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (HRPS Act) and determined that none of those instruments are of relevance to the Instrument.

The instrument will fix charges to be paid to APRA by corporations for applications for authorisation or registration as an ADI, General Insurer or Life Company.  Authorisation permits the holder to carry on certain types of business in Australia, subject to prudential regulation by APRA.  Charges payable by authorised corporations will not have any direct or indirect effect on the rights of individual persons.

Consequently, the Instrument does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the HRPS Act. Accordingly, in APRA’s assessment, this legislative instrument is compatible with human rights.

 

[1] Subsection 33(3) of the Acts Interpretation Act 1901 confers a general power to repeal, rescind, revoke, amend or vary statutory instruments.

[2] The combined Explanatory Statement and Regulatory Impact Statement for the original charging instrument can be found on http://www.comlaw.gov.au/Details/F2006B01150/Download (FRLI reference number F2006B01150).

Overview

The Australian Prudential Regulation Authority Instrument Fixing Charges No. 1 of 2013 is an instrument under the Australian Prudential Regulation Authority Act 1998 (APRA Act) that sets out the charges for applications for authorisation or registration as an authorised deposit-taking institution, general insurer, or life company. Enacted by the Australian Prudential Regulation Authority (APRA), the instrument was introduced to ensure that the charges levied for these applications are reasonably related to the costs incurred by APRA and are not punitive in nature. The instrument fixes the charges at a level that reflects the actual cost incurred by APRA, while also considering the need for cost recovery in line with the Australian Government Cost Recovery Guidelines. The policy objective behind the instrument is to maintain the financial stability of the financial sector by ensuring that APRA can effectively regulate the prudential aspects of the authorised deposit-taking institutions, general insurance, and life insurance industries.

Scope and Application

The Australian Prudential Regulation Authority instrument fixing charges No.1 of 2013, under the Australian Prudential Regulation Authority Act 1998, governs the charges that need to be paid to the Australian Prudential Regulation Authority (APRA) for applications for authorisation or registration as an authorised deposit-taking institution (ADI), general insurer, or life company. This applies to corporations seeking to conduct business in Australia, which includes banks, building societies, credit unions, general insurance firms, and life insurance companies. The charges are applicable on a national level, reflecting APRA's jurisdiction over the prudential regulation of these industries across the country. The charges set by the instrument are exempt from Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) (Exempt Taxes, Fees and Charges) Determination 2010 (No. 2). The charges are fixed based on cost recovery principles and are intended to cover the costs and expenses incurred by APRA in processing the applications. The instrument also provides for the waiver or refund of these charges in specified circumstances, ensuring flexibility within the regulatory framework.

Key Provisions

The Australian Prudential Regulation Authority (APRA) Instrument fixing charges No. 1 of 2013 outlines the charges for applications for authorisation or registration as an Authorised Deposit-taking Institution (ADI), General Insurer, or Life Company. These charges are detailed in the Schedule to the Instrument and are payable when the application is lodged. The Instrument also provides for the waiver or refund of these charges under specific circumstances as permitted by subsection 51(1) of the Australian Prudential Regulation Authority Act 1998 (APRA Act). This instrument revokes the previous Instrument fixing charges to be paid to APRA No 1 of 2010, dated 17 December 2010, and introduces new charges set out in the Schedule. The APRA Act mandates that APRA may fix charges for services and facilities it provides and for applications or requests made under Commonwealth laws. These charges must be reasonably related to the costs and expenses incurred by APRA in relation to the matter. Additionally, the Act prohibits charges that amount to taxation. The charges fixed under the new Instrument must align with the Australian Government Cost Recovery Guidelines and reflect the actual costs incurred by APRA. Entities subject to this Act, including ADIs, General Insurers, and Life Companies, must adhere to the payment of these charges when lodging an application for authorisation or registration. These charges are non-refundable, even if the application is refused, withdrawn, or not proceeded with. The Instrument stipulates that these charges are payable for every new application, including those made subsequent to the refusal or withdrawal of earlier applications. Furthermore, APRA has the discretion to waive or refund these charges under specific conditions. Failure to comply with the provisions of the APRA Act or the charges set by the Instrument could lead to regulatory scrutiny or action by APRA. While the explanatory statement does not detail specific civil or criminal penalties for non-compliance, breaches of regulatory requirements typically result in enforcement actions, which may include fines, sanctions, or other regulatory measures as deemed appropriate by APRA. The exact penalties would depend on the nature and severity of the breach and would be determined in accordance with the relevant legislative provisions and APRA's regulatory framework.

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Administrative Law
Financial Law
Corporate Law & Governance
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Charges & Fees
Cost Recovery
Consultation Requirements
Regulatory Impact Statement

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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.