EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO 29
ISSUED BY THE AUTHORITY OF THE TREASURER
BANKING ACT 1959
BANKING (STATISTICS) REGULATIONS (AMENDMENT)
Section 71 of the Banking Act 1959 empowers the Governor-General to make regulations not inconsistent with the Act which are necessary or convenient to be prescribed for carrying and or giving effect to the Act.
Section 53 of the Act requires that each savings bank prepare and deliver annual balance sheets and statements in accordance with the forms contained in the Schedule to the Act. Regulation 5 of the Banking (Statistics) Regulations prescribes dates in respect of which the balance sheets and other Annual Statements are required to be furnished for each individual bank.
The recent granting of a new banking authority for Metway Bank Limited by the Governor-General meant it was necessary to prescribe an annual balance date for the completion of the bank’s statistical returns.
Regulation 5 has been amended by the inclusion in the table listing the annual balancing dates for savings banks, 30 June of each year as the date for Metway Bank Limited.
The reporting date was determined after consultation with Metway Bank and corresponds with Metway’s own accounting period, thereby minimising the burden placed on the bank.
Overview
The Banking (Statistics) Regulations (Amendment) 1989, issued under the authority of the Treasurer and pursuant to the Banking Act 1959, was enacted to address the need for prescribing an annual balance date for Metway Bank Limited, following the granting of a new banking authority to the bank by the Governor-General. This amendment was necessary to ensure that Metway Bank's statistical returns were aligned with its own accounting period. The policy objective of this amendment is to streamline the reporting process for the bank, reducing administrative burden while maintaining compliance with statutory requirements. The regulation, which is an amendment to Regulation 5 of the Banking (Statistics) Regulations, specifies that the annual balance date for Metway Bank Limited is 30 June each year, a date agreed upon through consultation with the bank to facilitate smoother integration of its financial reporting processes.
Scope and Application
The Banking (Statistics) Regulations (Amendment) Statutory Rules 1989 apply specifically to Metway Bank Limited, which is now subject to the annual reporting requirements stipulated under Section 53 of the Banking Act 1959. This amendment, issued under the authority of the Treasurer, updates Regulation 5 to include Metway Bank Limited in the list of savings banks required to deliver annual balance sheets and statements. The amendment aligns Metway Bank’s reporting date with its own accounting period, specifically setting 30 June each year as the annual balance date, thus ensuring that the regulatory requirements do not unduly burden the bank. The changes reflect a targeted approach, ensuring compliance with the Act’s provisions while accommodating the unique operational framework of Metway Bank Limited. The jurisdictional reach of these regulations is within the Commonwealth, as they pertain to statutory reporting requirements imposed by federal legislation. There are no stated exclusions, exemptions, or thresholds in these specific regulations, and they do not extend or restrict application through subordinate instruments beyond the outlined amendment.
Key Provisions
The primary operative sections of these regulations pertain to the amendment of Regulation 5, which specifies the annual balance dates for savings banks, including the addition of Metway Bank Limited. According to Section 53 of the Banking Act 1959, savings banks are required to prepare and submit annual balance sheets and statements following the prescribed forms. Regulation 5 of the Banking (Statistics) Regulations has been amended to include 30 June as the annual balance date for Metway Bank Limited, aligning with the bank’s own accounting period to ease reporting requirements.
These amendments impose specific obligations on Metway Bank Limited, requiring it to prepare and submit its annual balance sheets and statements by 30 June each year. This obligation is consistent with the statutory requirement under Section 53 of the Banking Act 1959, which mandates that all savings banks adhere to prescribed forms for their financial reporting. By setting the balance date at 30 June, the regulations aim to synchronise Metway’s reporting schedule with its internal accounting processes, thereby reducing the administrative burden on the bank.
Non-compliance with the regulations may result in various consequences. Although the specific penalties are not detailed in the text, breaches of the Banking Act 1959 and its regulations typically attract civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity and intent behind the breach. The exact nature and extent of these penalties would be determined by the courts based on the specific circumstances of the offence.