Financial Sector (Collection of Data) (reporting standard) determination No. 1 of 2009
EXPLANATORY STATEMENT
Prepared by the Australian Prudential Regulation Authority (APRA)
Financial Sector (Collection of Data) Act 2001 (the Act), paragraph 13(1)(a)
Under paragraph 13(1)(a) of the Act, APRA may, by writing, determine reporting standards with which financial sector entities must comply. Such standards relate to reporting financial or accounting data and other information regarding the business or activities of the entities. Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to issue an instrument 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 revoke any such instrument.
Financial Sector (Collection of Data) (reporting standard) determination No. 1 of 2009 revokes Reporting Standard FRS 100.0 Reporting Requirements for First Home Saver Accounts Providers made by Financial Sector (Collection of Data) (reporting standard) determination No. 56 of 2008 (the Old Standard) and determines Reporting Standard FRS 100.0 Reporting Requirements for First Home Saver Accounts Providers (the New Standard).
Under subsection 15(1) of the Act, APRA has determined that Financial Sector
(Collection of Data) (reporting standard) determination No. 1 of 2009 be effective from the later of 31 March 2009 and the date of registration on the Federal Register of Legislative Instruments.
- Background
This Explanatory Statement explains the changes being made by APRA to the Old Standard.
The New Standard comprises:
- the body of the reporting standard itself;
- Form FRF 100.0 Reporting Requirements for First Home Saver Accounts Providers (FRF 100.0), which must be completed by the FHSA provider; and
- a set of detailed technical instructions regarding completion of FRF 100.0.
The first submission of quarterly data required from FHSA providers will relate to the reporting period ended 31 December 2008. During this quarter, APRA identified an omission on the form which led to a gap in information being collected. This relates to item 2.1.7 of FRF 100.0. Specifically, the form did not collect data on accounts closed as a result of a repayment made in accordance with subsection 992A(4) (unsolicited offer of financial product), section 1016F (defective product disclosure document) or section 1019B (cooling-off period) of the Corporations Act 2001 or following a payment made in accordance with subsection 51B(1) (unclaimed money) of the First Home Saver Accounts Act 2008 or on other permissible grounds not covered by items 2.1.3 to 2.1.6 of FRF 100.0.
This has now been rectified by amending the FRF 100.0 and the set of detailed technical instructions regarding completion of FRF 100.0.
Additionally, the words “following a transfer” were inserted in item 2.1.4 to clarify that the reason for closure will be that the FHSA holder will give notice that he/she will no longer satisfy the FHSA eligibility requirements.
As at 31 December 2008, FRF 100.0 was due from approximately 13 Authorised Deposit-taking Institutions, who have been already notified of the amendment. Hence the impact on reporting entities is minor.
2. Purpose and operation of the instrument
The New Standard outlines the overall requirements for the provision of information to APRA relating to the First Home Saver Accounts business of First Home Saver Accounts providers. Data collected are used by APRA for the purpose of prudential supervision, including assessing compliance with prudential standards. The data may also be used by the Reserve Bank of Australia, the Australian Bureau of Statistics, the Australian Securities and Investments Commission and the Australian Tax Office.
The New Standard applies to a reporting period ending on or after 31 March 2009. The Old Standard applies in respect of the reporting period ending 31 December 2008.
3. Consultation
APRA undertook consultation on its proposed reporting requirements for FHSA providers in June and July 2008. The issues raised by industry and other interested parties were considered and incorporated in the final reporting standard, where appropriate. As the amendments to the Old Standard are minor, public consultation was not necessary.