Australian Prudential Regulation Authority instrument fixing charges No. 5 of 2019

Administered by Department of the Treasury

Legislation au F2019L01140 In force Legislative Instrument

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Australian Prudential Regulation Authority instrument fixing charges No. 5 of 2019

For assessing applications by general insurers to use the Internal Model-based Method for determining the prescribed capital amount

EXPLANATORY STATEMENT

 

Issued by the Australian Prudential Regulation Authority (APRA)

Australian Prudential Regulation Authority Act 1998, paragraphs 51(1)(a) and (b)

 

Acts Interpretation Act 1901, subsection 33(3)

 

This explanatory statement relates to Australian Prudential Regulation Authority instrument fixing charges No. 5 of 2019 which is made under paragraphs 51(1)(a) and (b) of the Australian Prudential Regulation Act 1998 (the APRA Act) and dated 30 August 2019 (the instrument).

  1. Background

Legislative framework

APRA has statutory responsibility for the prudential supervision of most of the superannuation industry, the life insurance, general insurance and private health insurance industries, and authorised deposit-taking institutions (ADIs). ADIs 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 that APRA provides to such persons; and

(b)    applications or requests (however described) made to APRA under any law of the Commonwealth.

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 by APRA in relation to the matters to which the charge relates and must not be such as to amount to taxation.

Purpose and operation of the instrument

The instrument:

(a)   revokes the Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2009; and

(b)   fixes charges for services provided by APRA relating to the assessment of applications from general insurers (including Level 2 insurance groups) that have sought to use the Internal Model-based Method (IMB Method) approach for determining the prescribed capital amount (PCA).

General Insurance Internal Models-based Method

Under Prudential Standard GPS 110 Capital Adequacy (GPS 110)[1], general insurers may choose one of two methods for determining the PCA.  These are the:

(a)   IMB Method; or

(b)   Standard Method.

The Standard Method is the ‘default’ method and is currently being used by most authorised general insurers.   

General insurers seeking to use the IMB Method must have APRA’s approval to do so.

The IMB Method is expected to benefit those general insurers that seek to adopt it because it will align regulatory capital requirements more closely with the general insurer’s individual risk profiles and internal risk and capital management processes. This approach should also result in more efficient use of capital. 

How the charge has been calculated

The charges set by the instrument are fixed on a cost recovery basis and in line with the Australian Government Cost Recovery Guidelines July 2014 – Resource Management Guide No. 304. 

The charge is based on the need to recover APRA’s expected costs for carrying out the assessment of the expected applications for approval to use the IMB method. Those costs are based on an estimation of APRA staff time involved with an addition of direct overhead costs. 

The costs incurred in monitoring the PCA of general insurers using the IMB Method and Standard Method are recovered through the Financial Institutions Supervisory Levies.

2.      Operation of the instrument

Description of the charges

 

The charges fixed by the current instrument is based on a two-tiered structure:

(a)   $400,000 plus GST (which totals $440,000) imposed on each general insurer for the first application seeking approval to use the IMB Method made by the group; and / or

(b)   $150,000 plus GST (which totals $165,000) imposed for each second and onward application for approval from a general insurance group.

Charges must be reasonably related to the costs and expenses incurred

 

As indicated above, the charges fixed by the instrument are set on a cost recovery basis and related to the estimated time and effort involved in the discharge of APRA’s responsibilities and in line with the Australian Government Cost Recovery Guidelines July 2014. 

The charges do not amount to taxation

As the charges are reasonably related to the costs incurred by APRA in providing the services concerned, the charges do not constitute a tax.

The charges are not retrospective

The charges are fixed prospectively. They are payable 14 days after receipt of APRA’s invoice.

Cost Recovery Implementation Statement

A Cost Recovery Implementation Statement (CRIS), which covers APRA’s cost recovery model for the supervision of financial institutions, has been tabled in support of this Explanatory Statement and has been published on the APRA website[2].

3.      Consultation

A consultation was not conducted for this instrument as there has been no change to the substance of the IMB Method approval process[3], or to the relevant prudential standards[4] or guidance relating to the IMB Method; only to the amounts being fixed as charges. The changes to the fixed charges is driven by updated effort and cost estimates in APRA’s assessment of approvals to use the IMB Method.

As part of annual consultation regarding APRA’s costs recovery, each industry sector is made aware of APRA’s cost recovery process including the reduction of levies through direct user charging.

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

A Statement of Compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is provided at Attachment A to this Explanatory Statement.


Attachment A

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Australian Prudential Regulation Authority instrument fixing charges No. 5 of 2019

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (HRPS Act).

 

Overview of the Legislative Instrument

 

The Legislative Instrument fixes charges to be paid to APRA by general insurers for APRA’s assessment of general insurers applications to use the Internal Model-based Method for determining their prescribed capital amount.

 

Human rights implications

 

APRA has assessed the Legislative Instrument against the international instruments listed in section 3 of the HRPS Act and determined that the Legislative Instrument does not engage any of the applicable rights or freedoms, as the charges payable by the general insurers will not have any direct or indirect effect on the rights of individual persons.

 

Conclusion

 

Australian Prudential Regulation Authority instrument fixing charges No. 5 of 2019 is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

 

[1] Made by Insurance (prudential standard) determination No. 12 of 2019.

[2] APRA’s Cost Recovery Implementation Statement – Prudential regulation of financial institutions dated 3 July 2019 is available here: https://www.apra.gov.au/sites/default/files/cost_recovery_implementation_statement_prudential_regulation_of_financial_institutions_2019-2020.pdf

[3] See Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2009.

[4] See Insurance (prudential standard) determination No. 12 of 2019 Prudential Standard GPS 110 Capital Adequacy and Insurance (prudential standard) determination No. 3 of 2019 Prudential Standard GPS 113 Capital Adequacy: Internal Model-based Method.

Overview

The Australian Prudential Regulation Authority Instrument Fixing Charges No. 5 of 2019, enacted under the Australian Prudential Regulation Authority Act 1998, is designed to address the need for setting specific charges for the assessment of applications by general insurers seeking to use the Internal Model-based Method for determining their prescribed capital amount. This instrument was created by the Australian Prudential Regulation Authority (APRA) to ensure that the charges imposed are reasonably related to the costs incurred by APRA in providing these services and do not constitute taxation. The primary objective is to maintain a cost recovery model that aligns with the Australian Government Cost Recovery Guidelines, ensuring that the charges are prospective and do not impact retrospectively. The instrument also aims to ensure that the charges do not infringe upon any human rights as recognised in the Human Rights (Parliamentary Scrutiny) Act 2011, given that the charges are not expected to affect the rights of individual persons directly or indirectly.

Scope and Application

The Australian Prudential Regulation Authority instrument fixing charges No. 5 of 2019, made under the Australian Prudential Regulation Authority Act 1998, pertains to the charges imposed on general insurers for the assessment of their applications to use the Internal Model-based Method for determining their prescribed capital amount. This instrument revokes the previous Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2009 and establishes new charges for the services provided by APRA in this regard. The charges are based on a cost recovery model and are fixed in line with the Australian Government Cost Recovery Guidelines July 2014. The charges are set at $400,000 plus GST for the first application from a general insurer seeking approval to use the IMB Method, and $150,000 plus GST for each subsequent application from the same insurer. These charges are designed to recover APRA’s expected costs for assessing the applications and are not considered to be taxation. The charges are applicable to general insurers, including Level 2 insurance groups, that seek to use the IMB Method for determining their prescribed capital amount. The geographic reach of this instrument is national, as it applies across Australia, and it is specific to the prudential supervision of the insurance industry by APRA. There are no stated exclusions or exemptions within the instrument, although costs incurred in monitoring the prescribed capital amount of general insurers are recovered through Financial Institutions Supervisory Levies. The instrument does not extend or restrict its application through subordinate instruments, as it stands independently in fixing the charges for the specified services.

Key Provisions

The main operative sections of this legislation establish the framework within which the Australian Prudential Regulation Authority (APRA) fixes charges for services it provides to general insurers, specifically for the assessment of applications to use the Internal Model-based Method (IMB Method) for determining the prescribed capital amount (PCA). According to section 51(1) of the Australian Prudential Regulation Authority Act 1998 (APRA Act), APRA can fix charges for services and facilities it provides to persons, as well as for applications or requests made to it under any law of the Commonwealth. The charges are set out in the instrument and are intended to be reasonably related to the costs and expenses incurred by APRA in relation to the matters to which the charge relates, as stated in section 51(2) of the APRA Act. The obligations imposed by the legislation on the parties it governs include the requirement for general insurers to pay the specified charges for the assessment of their applications to use the IMB Method. These charges are set out in the instrument, with a higher charge for the first application by a general insurer seeking approval to use the IMB Method, and a lower charge for any subsequent applications. The charges must be reasonably related to the costs and expenses incurred by APRA in providing the services concerned, and they do not amount to taxation. The charges are fixed prospectively and are payable 14 days after receipt of APRA's invoice. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach of the charges. However, failure to pay the specified charges could potentially lead to legal action by APRA to recover the unpaid amounts, as well as reputational damage for the non-compliant insurer. Additionally, ongoing non-compliance with regulatory requirements could potentially lead to regulatory sanctions or other consequences for the insurer. It is important to note that the legislation is designed to ensure that the charges are reasonably related to the costs and expenses incurred by APRA, and are not intended to amount to taxation.

Legal classification tags

Area of Law
Financial Regulation
Insurance Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Charges and Fees
Cost Recovery

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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.