Financial Sector (Collection of Data) (reporting standard) determination No. 27 of 2014 - SRS 532.0 - Investment Exposure Concentrations

Administered by Department of the Treasury

Legislation au F2014L00792 Not in force Legislative Instrument

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Financial Sector (Collection of Data) (reporting standard) determinations No. 1 and 27 of 2014

EXPLANATORY STATEMENT

Prepared by the Australian Prudential Regulation Authority (APRA)

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

Acts Interpretation Act 1901, section 33

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.  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.

On 17 June 2014 APRA made the following determinations (the instruments):

(1)          Financial Sector (Collection of Data) (reporting standard) determination No. 1 of 2014 which:

(i)            revokes Reporting Standard SRS 530.0 Investments made under Financial Sector (Collection of Data) (reporting standard) determination No. 21 of 2014; and

(ii)         determines Reporting Standard SRS 530.0 Investments  (SRS 530.0); and

(2)          Financial Sector (Collection of Data) (reporting standard) determination No. 27 of 2014 which:

(i)            revokes Reporting Standard SRS 532.0 Investment Exposure Concentrations made under Financial Sector (Collection of Data) (reporting standard) determination No. 24 of 2014; and

(ii)         determines Reporting Standard SRS 532.0 Investment Exposure Concentrations  (SRS 532.0).

Both instruments commence on 1 July 2014 and apply to reporting periods ending on or 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 are used internally to assist APRA’s supervisory functions and by 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, APRA released a suite of 37 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 obligations, seeking clarification and guidance on interpretation. As a result, APRA has publicly released a number of frequently asked questions (FAQs) on the APRA website to provide timely guidance for RSE licensees to ensure the submission of high quality data to APRA.

A number of matters raised by industry stakeholders and which are covered in FAQs are those that APRA considers necessary to include in the reporting standards, forms and instructions on an ongoing basis.

On 25 March 2014, APRA released revised versions of six quarterly reporting standards, and a further five annual and ad hoc reporting standards on 30 May 2014, which APRA had identified as requiring amendment. These minor amendments somewhat simplified the superannuation industry’s reporting obligations, but did not impose any new obligations.

Following this, APRA has identified two quarterly reporting standards which would benefit from minor amendment, with respect to the reporting form and the associated instructions. These amendments are required only to bring about consistency with specific changes which became legally effective in March and June 2014.

2.      Purpose and operation of the instruments

The purpose of making the instruments is to amend two quarterly reporting standards to ensure that the changes made in March and June 2014 to the relevant forms are reflected consistently in the two quarterly reporting standards.

In March 2014, Reporting Standard SRS 530.1 Investments and Investment Flows (SRS 530.1) was revised to include the option ‘life company other’ at item 4 of the form, plus changes to the associated instructions. Then in June 2014, a similar change was made to Reporting Standard SRS 801.0 Investments and Investment Flows (SRS 801.0).

Following this, APRA has identified that the same change to the form and associated instructions is also required to be made to Reporting Standard SRS 530.0 Investments and Reporting Standard SRS 532.0 Investment Exposure Concentrations.

The above changes are considered essential to ensure consistency of reporting to APRA via the Direct to APRA system (D2A). The risks from not making these changes are that the reporting to APRA of this data would be inconsistent and would hamper APRA’s ability to collect meaningful and accurate statistical data. In turn, this would adversely affect APRA’s ability to publish fully accurate data. The above changes are therefore considered essential.

Details of the changes to the two quarterly reporting standards are outlined below:

(1)     Reporting Standard SRS 530.0 Investments

  • Addition of the option ‘life company other’ at items 3, 4.1, 4.2 and 4.3;
  • Changes to the associated instructions to include reference to the option ‘life company other’ where relevant; and
  • Changes to the definitions for ‘life company guaranteed’ and ‘life company investment-linked’ and inclusion of a new definition for ‘life company other’.

(2)   Reporting Standard SRS 532.0 Investment Exposure Concentrations

  • Addition of the option ‘life company other’ at items 2.1 and 3;
  • Changes to the associated instructions to include reference to the option ‘life company other’ where relevant; and
  • Changes to the definitions for ‘life company guaranteed’ and ‘life company investment-linked’ and inclusion of a new definition for ‘life company other’.

3.      Consultation

APRA undertook extensive consultations on the development of the 37 reporting standards, including SRS 530.0 and SRS 532.0, which were determined in 2013.

The substance of these changes, which do not substantially alter existing arrangements, have been previously communicated to industry via the FAQs on APRA’s website.

4.  Regulation Impact Statement

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 Nos. 1 and 27 of 2014

 

The above legislative instruments are 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 Instruments

The purpose of making these legislative instruments is to revoke existing reporting standards and remake reporting standards to make minor and machinery amendments to the reporting requirements in relation to RSE licensees.

Human rights implications

APRA has assessed the instruments 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 legislative instruments.

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 majority of information collected will be about the profile and structure, financial performance and investments of each RSE licensee’s business operations but will not involve the collection of information directly relating to individual persons.

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.

Consequently the instruments do not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the HRPS Act. Accordingly, in APRA’s assessment, the instruments are compatible with human rights.

 

Conclusion

Financial Sector (Collection of Data) (reporting standard) determination Nos. 1 and 27 are compatible with human rights because the instruments do not limit human rights or otherwise raise any human rights issues.  

 

Overview

The Financial Sector (Collection of Data) (reporting standard) determinations Nos. 1 and 27 of 2014 were introduced under the Financial Sector (Collection of Data) Act 2001 to address the need for consistent and accurate data collection from financial sector entities, particularly those in the superannuation industry. These determinations, made by the Australian Prudential Regulation Authority (APRA), aim to amend two quarterly reporting standards to reflect recent changes to reporting forms, ensuring consistency in the data submitted to APRA. This adjustment is crucial to maintain the integrity of APRA’s statistical data, which is used internally for supervision and externally by various agencies. The instruments, which came into effect on 1 July 2014, revoke existing standards and re-establish them with minor amendments to align with recent legislative updates, ensuring that the data collected remains relevant and useful for regulatory purposes.

Scope and Application

The Financial Sector (Collection of Data) (reporting standard) determinations No. 1 and 27 of 2014, issued by the Australian Prudential Regulation Authority (APRA), apply to regulated financial sector entities, particularly RSE licensees within the superannuation industry. These determinations were made under the authority conferred by the Financial Sector (Collection of Data) Act 2001 and are effective from 1 July 2014 for reporting periods ending on or after this date. The primary purpose of these instruments is to amend existing reporting standards to ensure consistency with recent changes to reporting forms and instructions. This includes updating the definitions and options within the forms to reflect new categories, such as the inclusion of ‘life company other’ in various items, and making corresponding changes in the instructions. The amendments are designed to ensure that data submitted to APRA is consistent and accurate, facilitating APRA's supervisory functions and the publication of reliable statistical information. While these legislative instruments do not introduce new reporting obligations, they are essential for maintaining the integrity and coherence of the data collection process. The instruments also comply with human rights standards, as they do not interfere with the privacy or reputation of individuals and are primarily concerned with the business operations of entities.

Key Provisions

The Financial Sector (Collection of Data) (reporting standard) determinations No. 1 and 27 of 2014, issued by the Australian Prudential Regulation Authority (APRA), primarily serve to amend existing reporting standards to ensure consistency and accuracy in the data submitted by financial sector entities. These determinations, under sections 13 and 15 of the Financial Sector (Collection of Data) Act 2001, revoke certain previous reporting standards (SRS 530.0 and SRS 532.0) and replace them with updated versions. The amendments focus on incorporating changes made to reporting forms in March and June 2014, such as the addition of a new option ‘life company other’ and updates to definitions and instructions (sections 1(i) and (ii) of both determinations). These changes are crucial to maintain the uniformity and reliability of data reported to APRA, which in turn supports its supervisory functions and the dissemination of accurate statistical information (section 2). These determinations impose specific obligations on financial sector entities, particularly those regulated by APRA, to comply with the revised reporting standards. Entities must adhere to the updated reporting forms and instructions, ensuring that their submissions include all necessary information, such as the new ‘life company other’ option and updated definitions (section 2). Non-compliance with these standards could result in inconsistent data, potentially hindering APRA’s ability to perform its regulatory functions effectively. The revised standards are designed to streamline reporting processes and enhance the quality of data, ensuring that it is both accurate and comprehensive. Breaching the obligations set out in these determinations can lead to several consequences. Although specific penalties are not detailed in the explanatory statement, non-compliance with APRA's reporting standards typically results in enforcement actions, which may include fines, legal action, or other regulatory measures. These actions are intended to ensure that entities adhere to the required reporting standards and maintain the integrity of the data submitted to APRA. The seriousness of the penalties would depend on the nature and extent of the non-compliance, with severe breaches potentially attracting significant fines or other legal repercussions.

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