Financial Sector (Collection of Data) (reporting standard) determination No. 10 of 2010 - GRS 310 (2010) - Revenue, Expenses and Statement of Financial Performance

Administered by Department of the Treasury

Legislation au F2010L02331 Not in force Legislative Instrument

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Financial Sector (Collection of Data) (reporting standard) determination
Nos. 2 to 13 of 2010
 

EXPLANATORY STATEMENT

Prepared by the Australian Prudential Regulation Authority

Financial Sector (Collection of Data) Act 2001, paragraph 13(1)(a) and section 15

 

Acts Interpretation Act 1901, subsection 33(3)

 

 

Under paragraph 13(1)(a) of the Financial Sector (Collection of Data) Act 2001 (the FCSOD 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.  Section 15 of the FSCOD Act gives APRA power to make a formal declaration of the date when reporting standards begin to apply.  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.

1. Background

Since 2009, APRA has been in consultation with industry on proposals to simplify prudential reporting to APRA and for minor refinements to the reporting requirements to enhance APRA’s analysis of the financial performance of general insurers.   APRA’s key proposal was the alignment of the balance sheet and income statement with the Australian equivalents to International Financial Reporting Standards (AIFRS). 

 

2. Purpose of the instruments

The changes to the prudential reporting to APRA required the introduction of new and amended reporting requirements. The purpose of making the instruments is to replace existing reporting standards with reporting standards that implement APRA’s proposals. 

 

Accordingly Financial Sector (Collection of Data) (reporting standard) determination Nos. 2 to 12 of 2010 make the following reporting standards effective on and from the date of registration on the Federal Register of Legal Instruments:

 

  • Reporting Standard GRS 110.0 Minimum Capital Requirement;
  • Reporting Standard GRS 120.0 Determination of Capital Base;
  • Reporting Standard GRS 140 Investments;
  • Reporting Standard GRS 160.0 Derivative Activity and Risk Charge;
  • Reporting Standard GRS 170.1 Maximum Event Retention and Risk Charge for Lenders Mortgage Insurers;
  • Reporting Standard GRS 210 Insurance Risk Charge;
  • Reporting Standard GRS 300.0 Statement of Financial Position;
  • Reporting Standard GRS 301.0 Reinsurance Assets and Risk Charge;
  • Reporting Standard GRS 310 Revenue, Expenses and Financial Performance;
  • Reporting Standard GRS 400 Supplementary Reporting Information;
  • Reporting Standard GRS 900.0 Transitional Arrangements 2010.

 

In addition, Reporting Standard GRS 320.0 (2008) Reconciliation of Annual Disclosure which came into effect on 3 November 2008 (determination No. 83 of 2008) is no longer required and has been revoked by determination No. 13 of 2010.

 

3.              Operation of the instruments

 

Eleven new reporting standards and associated reporting forms will be issued under the FSCOD Act.  These new reporting standards enable the reporting requirements of the revised prudential framework to take effect. 

 

The collection of quarterly and annual data under the new general insurance prudential reporting requirements will commence for the first reporting period ending on or after the date of registration on the Federal Register of Legal Instruments. 

 

Insurers will be required to report additional reconciling data items for the first submission of the quarterly and annual returns in accordance with Reporting Standard GRS 900.0 Transitional Arrangements 2010 (GRS 900.0). This will enable APRA to compare and reconcile key reporting items under the prior and new reporting basis.

 

4. Consultation

Section 17 of the Legislative Instruments Act 2003 requires consultation when a rule-maker makes a legislative instrument.  APRA undertook consultation with the general insurance industry on the proposed changes to the current reporting framework from 3 December 2009 to 12 February 2010 . The consultation process involved the release of a discussion paper outlining the proposed changes, draft prudential standards, draft reporting forms and instructions, along with a quantitative impact study.  APRA also met with numerous parties over the consultation period.  APRA received 11 written responses and 45 completed quantitative impact studies.  Submissions were generally supportive of the proposals. A response paper was issued by APRA on 23 July 2010, outlining the outcomes of the consultation process.

Overview

The Financial Sector (Collection of Data) (reporting standard) determination Nos. 2 to 13 of 2010, made under the Financial Sector (Collection of Data) Act 2001, addresses the need to streamline and enhance the prudential reporting requirements for general insurers in Australia. The Australian Prudential Regulation Authority (APRA), acting under the authority conferred by the Act, introduced these new reporting standards to align the financial reporting of general insurers with Australian equivalents to International Financial Reporting Standards (AIFRS). This initiative aimed to simplify the reporting process and improve APRA’s capacity to analyse the financial performance of insurers. The determinations revoke the previous reporting standard GRS 320.0 (2008) and introduce eleven new reporting standards, effective from the date of their registration on the Federal Register of Legal Instruments. The changes are intended to facilitate the transition to the new reporting framework, allowing APRA to better monitor and regulate the insurance sector.

Scope and Application

The Financial Sector (Collection of Data) (reporting standard) determination Nos. 2 to 13 of 2010, issued by the Australian Prudential Regulation Authority (APRA), applies to financial sector entities within Australia, specifically general insurers. These entities are required to comply with the new and amended reporting standards set forth in these determinations. These standards concern the reporting of financial or accounting data and other relevant information regarding the business or activities of these entities. The new reporting standards aim to simplify prudential reporting to APRA and enhance the regulator’s analysis of the financial performance of the general insurance sector by aligning the reporting requirements with the Australian equivalents of the International Financial Reporting Standards (AIFRS). The scope of the Act is limited to the Commonwealth jurisdiction, and it does not extend to state or territory entities unless they fall under the definition of a financial sector entity as per the Financial Sector (Collection of Data) Act 2001 (FSCOD Act). The new standards will take effect from the date of registration on the Federal Register of Legal Instruments, and APRA has undertaken consultation with the industry to gather support for these changes.

Key Provisions

The Financial Sector (Collection of Data) (reporting standard) determination Nos. 2 to 13 of 2010, under the Financial Sector (Collection of Data) Act 2001 (FCSOD Act), establish new reporting standards for financial sector entities, particularly general insurers, to comply with when submitting financial and accounting data to the Australian Prudential Regulation Authority (APRA). These determinations cover a range of reporting standards, including minimum capital requirements, investment details, derivative activities, and various financial performance metrics, as well as transitional arrangements to assist in the shift from the old reporting framework to the new one. These provisions are detailed in paragraphs (2) and (3) of the explanatory statement. Entities governed by these determinations are required to adhere to the new reporting standards, which involve the submission of detailed financial information that aligns with Australian equivalents to International Financial Reporting Standards (AIFRS). This includes not only the initial data submission but also ongoing quarterly and annual reporting. Entities must ensure they reconcile and report additional data items as specified in Reporting Standard GRS 900.0 Transitional Arrangements 2010 to facilitate a smooth transition and enable APRA to compare the old and new reporting bases. The obligation to comply with these standards is clearly articulated in the explanatory statement under paragraph (3). Failure to comply with these new reporting standards may result in regulatory scrutiny or corrective actions from APRA. While the specific civil or criminal penalties for non-compliance are not detailed in the explanatory statement, it is understood that APRA has the authority to enforce compliance through its regulatory powers. The seriousness of non-compliance can potentially lead to enforcement actions, fines, or other regulatory penalties under the FCSOD Act. The legislative framework, including the Acts Interpretation Act 1901, supports the revocation of existing instruments and the implementation of new standards, as indicated in the explanatory statement under paragraph (1).

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