Financial Sector (Collection of Data) (reporting standard) determination No. 16 of 2015 - SRS 601.0 - Profile and Structure (RSE)

Administered by Department of the Treasury

Legislation au F2015L00819 Not in force Legislative Instrument

Legislation content

Financial Sector (Collection of Data) (reporting standard) determinations No. 1 to No. 10, No. 14 to No. 20, No. 22, No. 24 and No. 26 of 2015

EXPLANATORY STATEMENT

Prepared by the Australian Prudential Regulation Authority (APRA)

Financial Sector (Collection of Data) Act 2001, sections 13 and 15

Under subsection 13(1) of the Financial Sector (Collection of Data) Act 2001 (the Act), APRA has the power to determine reporting standards, in writing, 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.

On 10 June 2015, APRA made the following determinations (the revised reporting standards):

  1. Financial Sector (Collection of Data) (reporting standard) determination No. 1 of 2015, which:

(i)     revokes Reporting Standard SRS 001.0 Profile and Structure (Baseline) made under Financial Sector (Collection of Data) (reporting standard) determination No. 16 of 2014; and

(ii)  determines Reporting Standard SRS 001.0 Profile and Structure (Baseline);

2.      Financial Sector (Collection of Data) (reporting standard) determination No. 2 of 2015, which:

(i)     revokes Reporting Standard SRS 114.0 Operational Risk Financial Requirement made under Financial Sector (Collection of Data) (reporting standard) determination No. 64 of 2013; and

(ii)  determines Reporting Standard SRS 114.0 Operational Risk Financial Requirement;

3.      Financial Sector (Collection of Data) (reporting standard) determination No. 3 of 2015, which:

(i)     revokes Reporting Standard SRS 160.0 Defined Benefit Matters made under Financial Sector (Collection of Data) (reporting standard) determination No. 66 of 2013; and

(ii)  determines Reporting Standard SRS 160.0 Defined Benefit Matters;

4.      Financial Sector (Collection of Data) (reporting standard) determination No. 4 of 2015, which:

(i)     revokes Reporting Standard SRS 160.1 Defined Benefit Member Flows made under Financial Sector (Collection of Data) (reporting standard) determination No. 17 of 2014; and

(ii)  determines Reporting Standard SRS 160.1 Defined Benefit Member Flows;

5.      Financial Sector (Collection of Data) (reporting standard) determination No. 5 of 2015, which:

(i)     revokes Reporting Standard SRS 161.0 Self-Insurance made under Financial Sector (Collection of Data) (reporting standard) determination No. 68 of 2013; and

(ii)  determines Reporting Standard SRS 161.0 Self-Insurance;

6.      Financial Sector (Collection of Data) (reporting standard) determination No. 6 of 2015, which:

(i)     revokes Reporting Standard SRS 250.0 Acquired Insurance made under Financial Sector (Collection of Data) (reporting standard) determination No. 69 of 2013; and

(ii)  determines Reporting Standard SRS 250.0 Acquired Insurance;

7.      Financial Sector (Collection of Data) (reporting standard) determination No. 7 of 2015, which:

(i)    revokes Reporting Standard SRS 320.1 Statement of Financial Position made under Financial Sector (Collection of Data) (reporting standard) determination No. 71 of 2013; and

(ii)  determines Reporting Standard SRS 320.1 Statement of Financial Position;

8.      Financial Sector (Collection of Data) (reporting standard) determination No. 8 of 2015, which:

(i)    revokes Reporting Standard SRS 330.2 Statement of Financial Performance made under Financial Sector (Collection of Data) (reporting standard) determination No. 13 of 2014; and

(ii)  determines Reporting Standard SRS 330.2 Statement of Financial Performance;

9.      Financial Sector (Collection of Data) (reporting standard) determination No. 9 of 2015, which:

(i)    revokes Reporting Standard SRS 331.0 Services made under Financial Sector (Collection of Data) (reporting standard) determination No. 75 of 2013; and

(ii)  determines Reporting Standard SRS 331.0 Services;

10.  Financial Sector (Collection of Data) (reporting standard) determination No. 10 of 2015, which:

(i)    revokes Reporting Standard SRS 410.0 Accrued Default Amount made under Financial Sector (Collection of Data) (reporting standard) determination No. 20 of 2014; and

(ii) determines Reporting Standard SRS 410.0 Accrued Default Amounts;

11.  Financial Sector (Collection of Data) (reporting standard) determination No. 14 of 2015, which:

(i)    revokes Reporting Standard SRS 540.0 Fees made under Financial Sector (Collection of Data) (reporting standard) determination No. 85 of 2013; and

(ii)  determines Reporting Standard SRS 540.0 Fees;

12.  Financial Sector (Collection of Data) (reporting standard) determination No. 15 of 2015, which:

(i)    revokes Reporting Standard SRS 600.0 Profile and Structure (RSE Licensee) made under Financial Sector (Collection of Data) (reporting standard) determination No. 86 of 2013; and

(ii)  determines Reporting Standard SRS 600.0 Profile and Structure (RSE Licensee);

13.  Financial Sector (Collection of Data) (reporting standard) determination No. 16 of 2015, which:

(i)     revokes Reporting Standard SRS 601.0 Profile and Structure (RSE) made under Financial Sector (Collection of Data) (reporting standard) determination No. 87 of 2013; and

(ii)  determines Reporting Standard SRS 601.0 Profile and Structure (RSE);

14.  Financial Sector (Collection of Data) (reporting standard) determination No. 17 of 2015, which:

(i)    revokes Reporting Standard SRS 602.0 Wind-up made under Financial Sector (Collection of Data) (reporting standard) determination No. 88 of 2013; and

(ii)  determines Reporting Standard SRS 602.0 Wind-up;

15.  Financial Sector (Collection of Data) (reporting standard) determination No. 18 of 2015, which:

(i)    revokes Reporting Standard SRS 610.0 Membership Profile made under Financial Sector (Collection of Data) (reporting standard) determination No. 89 of 2013; and

(ii)  determines Reporting Standard SRS 610.0 Membership Profile;

16.  Financial Sector (Collection of Data) (reporting standard) determination No. 19 of 2015, which:

(i)    revokes Reporting Standard SRS 610.1 Changes in Membership Profile made under Financial Sector (Collection of Data) (reporting standard) determination No. 90 of 2013; and

(ii)  determines Reporting Standard SRS 610.1 Changes in Membership Profile;

17.  Financial Sector (Collection of Data) (reporting standard) determination No. 20 of 2015, which:

(i)    revokes Reporting Standard SRS 610.2 Membership Profile made under Financial Sector (Collection of Data) (reporting standard) determination No. 91 of 2013; and

(ii)  determines Reporting Standard SRS 610.2 Membership Profile;

18.  Financial Sector (Collection of Data) (reporting standard) determination No. 22 of 2015, which:

(i)    revokes Reporting Standard SRS 710.0 Conditions of Release made under Financial Sector (Collection of Data) (reporting standard) determination No. 93 of 2013; and

(ii)  determines Reporting Standard SRS 710.0 Conditions of Release;

19.  Financial Sector (Collection of Data) (reporting standard) determination No. 24 of 2015, which:

(i)    revokes Reporting Standard SRS 800.0 Financial Statements made under Financial Sector (Collection of Data) (reporting standard) determination No. 14 of 2014; and

(ii)  determines Reporting Standard SRS 800.0 Financial Statements;

20.  Financial Sector (Collection of Data) (reporting standard) determination No. 26 of 2015, which:

(i)    revokes Reporting Standard SRS 802.0 Fund Profile made under Financial Sector (Collection of Data) (reporting standard) determination No. 96 of 2013; and

(ii)  determines Reporting Standard SRS 802.0 Fund Profile.

The reporting standards listed in paragraphs 1 and 13 commence on 30 June 2015 and apply to reporting periods ending on and after that date.

The remaining reporting standards listed above commence on 1 July 2015 and apply to reporting periods ending on and after that date.

  1.    Background

APRA is empowered to make reporting standards under the Act, which require regulated institutions, including RSE licensees, to submit specified data through various reporting forms. Data from these forms is used by APRA to assist with APRA’s supervisory functions, and also by Government and other agencies such as the Australian Bureau of Statistics and the Australian Securities and Investments Commission. APRA also collates and publishes statistical information and analysis using data from these reporting forms.

In 2013 and 2014, APRA released a new suite of 39 final reporting standards applying to the superannuation industry. Since the commencement of the new reporting requirements, APRA has received industry feedback on some of these standards, as well as a large number of requests for clarification and guidance on interpretation.

2.      Purpose and operation of the instruments

The purpose of making these instruments is to make minor revisions to 20 of the existing reporting standards for superannuation to clarify and provide further guidance on existing reporting requirements.

As a result of the questions raised by the superannuation industry about the new reporting standards which were released in 2013 and 2014, APRA publicly released 95 frequently asked questions (FAQs) on the APRA website. The FAQs provided additional information to assist reporting entities to complete the reporting standards and were the result of ongoing dialogue with reporting entities and the superannuation industry more broadly.

Whilst some FAQs provide transition guidance, APRA considered that a number of the matters raised by industry and covered in FAQs should be included in the reporting standards, forms and instructions on an ongoing basis.

The majority of changes within the revised reporting standards are confined to the reporting instructions. The changes are minor in nature and are being released to simplify the superannuation industry’s reporting requirements by consolidating relevant guidance into the reporting standard.

3.      Consultation

As the FAQs had already been publicly released and the resulting changes to the reporting standards were minor in nature, no further consultation with industry was undertaken. Proposed final versions of the reporting standards, however, were released for an eight-week period to allow industry to identify any ‘fatal flaw’ issues in the final requirements; no such issues were reported to APRA during this eight-week period. 

4.      Regulation Impact Statement

The revised reporting standards incorporate into 20 reporting standards minor revisions which do not significantly change the reporting requirements. All of the revised reporting standards provide additional guidance and clarification and no new reporting requirements have been introduced as a result of this process.

The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required for these legislative instruments.

5.      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

Financial Sector (Collection of Data) (reporting standard) determinations No. 1 to No. 10, No. 14 to No. 20, No. 22, No. 24 and No. 26 of 2015

 

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

Overview of the Legislative Instrument

The purpose of making these legislative instruments is to make minor revisions to 20 reporting standards to provide additional guidance and clarification on how to complete the reporting standards. The data collected in these reporting standards is used by APRA to assist with APRA’s supervisory functions, and also by Government and other agencies such as the Australian Bureau of Statistics and the Australian Securities and Investments Commission. APRA also collates and publishes statistical information and analysis using data from these reporting forms.

Human rights implications

APRA has assessed the instrument against the international instruments listed in section 3 of the HRPS Act and determined that only Article 17 of the International Covenant on Civil and Political Rights (ICCPR) is conceivably potentially of relevance to the instrument.

Article 17 of the ICCPR prohibits the arbitrary or unlawful interference with a person’s privacy, family, home and correspondence, and attacks on reputation. Article 17 is exclusively concerned with prohibiting interference with the privacy and/or reputation of individual persons. It does not extend to the privacy and/or reputation of corporate entities.

The information collected as a result of the continued operation of the reporting standards will be about the profile and structure of each RSE licensee’s business operations. This information ultimately supports APRA achieving its mission of ensuring that, under all reasonable circumstances, financial promises made by the institutions APRA supervises are met within a stable, efficient and competitive financial system.

APRA does not publish the personal information which it collects. Information provided to APRA under reporting standards is protected information for the purposes of section 56 of the Australian Prudential Regulation Authority Act 1998 (APRA Act) and cannot be disclosed except under a limited range of circumstances provided for under that section. While APRA does publish some protected information gathered under reporting standards, APRA reviews all releases of data received under reporting standards to ensure that no information pertaining to an individual person can be deduced from the data.

Conclusion

Financial Sector (Collection of Data) (reporting standard) determinations No. 1 to No. 10, No. 14 to No. 20, No. 22, No. 24 and No. 26 of 2015 are compatible with human rights because:

 

(i)            to the extent that determinations No. 1 to No. 10, No. 14 to No. 20, No. 22, No. 24 and No. 26 of 2015 limit human rights, those limitations are reasonable, necessary and proportionate; and

(ii)         the remaining parts of the determinations do not raise human rights issues.

Overview

The Financial Sector (Collection of Data) Act 2001 was enacted to facilitate the collection of data from financial sector entities in order to enable better oversight and regulation by the Australian Prudential Regulation Authority (APRA). APRA, as the enacting body, has the power to determine reporting standards for financial or accounting data under sections 13 and 15 of the Act. The legislation was introduced to address the need for standardised data collection practices within the financial sector, enabling APRA to effectively carry out its supervisory functions and ensuring that data is collected in a consistent and comparable manner. In June 2015, APRA made several determinations to revise existing reporting standards to provide additional guidance and clarification in response to feedback from the superannuation industry, thereby improving the accuracy and usefulness of the data collected.

Scope and Application

The Financial Sector (Collection of Data) (reporting standard) determinations No. 1 to No. 10, No. 14 to No. 20, No. 22, No. 24, and No. 26 of 2015, made under the Financial Sector (Collection of Data) Act 2001, apply to financial sector entities within the Commonwealth of Australia. These determinations were issued by the Australian Prudential Regulation Authority (APRA) to update and clarify existing reporting standards for the superannuation industry, aiming to streamline and enhance the data collection process. The revised reporting standards are designed to consolidate guidance into the reporting standards themselves, thereby simplifying the reporting requirements for entities subject to APRA’s supervision. These determinations cover a range of reporting standards, including those relating to the profile and structure of financial entities, operational risk, defined benefit matters, and financial statements, among others. The revised standards replace previous standards to provide clearer instructions and eliminate ambiguities raised by industry feedback and frequent inquiries. There are no stated exclusions or thresholds specified within these determinations; however, the scope of application is limited to entities within the financial sector, particularly those regulated by APRA. The instruments do not introduce new reporting requirements but focus on enhancing the clarity and usability of existing standards.

Key Provisions

The Financial Sector (Collection of Data) (reporting standard) determinations No. 1 to No. 10, No. 14 to No. 20, No. 22, No. 24, and No. 26 of 2015 primarily involve the Australian Prudential Regulation Authority (APRA) revising and clarifying existing reporting standards for the financial sector. These determinations are made under sections 13 and 15 of the Financial Sector (Collection of Data) Act 2001 (the Act), which empower APRA to establish reporting standards for financial sector entities. These entities include RSE licensees and other regulated institutions, which are required to submit specified financial and operational data to APRA. This data is crucial for APRA’s supervisory functions and is also used by other government agencies such as the Australian Bureau of Statistics and the Australian Securities and Investments Commission. The revised reporting standards aim to address the feedback received from the industry and to provide further guidance on the interpretation of the original standards. Most of the changes pertain to the reporting instructions, consolidating guidance and clarifying existing requirements. For instance, the determinations revoke previous reporting standards and introduce new, slightly modified versions. The new standards became effective on different dates, with some commencing on 30 June 2015 and others on 1 July 2015, applying to reporting periods ending on or after those dates. APRA has imposed specific obligations on the entities governed by these determinations. These obligations include submitting the required data in accordance with the newly established reporting standards. The entities must ensure that their reporting adheres to the revised instructions and timelines. Failure to comply with these standards could result in inaccurate or incomplete data being submitted to APRA, potentially affecting the regulator's ability to perform its supervisory duties effectively. Breaching the requirements set out in these determinations can lead to various consequences. Although the explanatory statement does not detail specific penalties for non-compliance, the Act generally provides for civil and criminal penalties for violations. Typically, non-compliance could result in fines, corrective actions, or more severe sanctions depending on the nature and extent of the breach. It is important for entities to understand and adhere to the reporting standards to avoid potential legal repercussions and to ensure they continue to meet their regulatory obligations.

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