Financial Sector (Collection of Data) (reporting standard) determination No. 49 of 2013

Administered by Department of the Treasury

Legislation au F2013L00373 Not in force Legislative Instrument

Legislation content

Financial Sector (Collection of Data) (reporting standard) determination Nos. 42 to 60 of 2012

EXPLANATORY STATEMENT

Prepared by the Australian Prudential Regulation Authority (APRA)

Financial Sector (Collection of Data) Act 2001, subsections 13(1) and 15(1)
Acts Interpretation Act 1901, subsection 33(3)

Under paragraph 13(1)(a) of the Financial Sector (Collection of Data) Act 2001 (FSCODA), 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 15(1) of FSCODA provides that APRA may declare a date on and after which reporting standards are 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 and vary any such instrument.

On 20 December 2012, APRA made the following determinations (the instruments) under the relevant provisions of the FSCODA and Acts Interpretation Act for life companies:

  1. Financial Sector (Collection of Data) (reporting standard) determination No. 42 of 2013, which makes Reporting Standard LRS 001 Reporting Requirements;
  2. Financial Sector (Collection of Data) (reporting standard) determination No. 43 of 2013, which revokes Reporting Standard LRS 110.0 Capital Adequacy made on 17 July 2009 and makes a new Reporting Standard LRS 110.1 Prescribed Capital Amount;
  3. Financial Sector (Collection of Data) (reporting standard) determination No. 53 of 2013, which revokes Reporting Standard LRS 300.0 Statement of Financial Position made on 17 July 2009 and makes a new Reporting Standard LRS 300.0 Statement of Financial Position;
  4. Financial Sector (Collection of Data) (reporting standard) determination No. 54 of 2013, which revokes Reporting Standard LRS 310.0 Statement of Financial Performance made on 17 July 2009 and makes a new Reporting Standard LRS 310.0 Income Statement;
  5. Financial Sector (Collection of Data) (reporting standard) determination No. 55 of 2013, which revokes Reporting Standard LRS 330.0 Summary of Revenue and Expenses made on 17 July 2009 and makes a new Reporting Standard LRS 330.0 Summary of Revenue and Expenses;
  6. Financial Sector (Collection of Data) (reporting standard) determination No. 56 of 2013, which revokes Reporting Standard LRS 340.0 Retained Profits made on 17 July 2009 and makes a new Reporting Standard LRS 340.0 Retained Profits;
  7. Financial Sector (Collection of Data) (reporting standard) determination No. 57 of 2013, which revokes Reporting Standard LRS 400.0 Statement of Policy Liabilities made on 17 July 2009 and makes a new Reporting Standard LRS 400.0 Statement of Policy Liabilities;
  8. Financial Sector (Collection of Data) (reporting standard) determination No. 58 of 2013, which revokes Reporting Standard LRS 420.0 Assets Backing Policy Liabilities made on 17 July 2009 and makes a new Reporting Standard LRS 420.0 Assets Backing Policy Liabilities;
  9. Financial Sector (Collection of Data) (reporting standard) determination No. 59 of 2013, which revokes Reporting Standard LRS 430.0 Sources of Profit made on 17 July 2009 and makes a new Reporting Standard LRS 430.0 Sources of Profit; and
  10. Financial Sector (Collection of Data) (reporting standard) determination No. 60 of 2013, which revokes the following reporting standards:
    1. Reporting Standard LRS 100.0 Solvency made on 17 July 2009;
    2. Reporting Standard LRS 120.0 Management Capital made on 17 July 2009;
    3. Reporting Standard LRS 210.0 Derivatives, Commitments and Off-Balance Sheet Items made on 17 July 2009;
    4. Reporting Standard LRS 220.0 Large Exposures made on 17 July 2009;
    5. Reporting Standard LRS 410.0 Capital Measurement Statistics made on 17 July 2009; and
    6. Reporting Standard LRS 901 Transitional Arrangements 2008 made on 6 December 2007.

The instruments commence on 1 January 2013. The instruments are being registered after this date; however the requirements apply to reporting periods ending no earlier than 28 February 2013. No life company will be impacted by the retrospective registration as the time for lodging forms with APRA will arise no earlier than 20 business days after 28 February 2013.

On 20 December 2012, APRA made the following determinations that were then varied and re-signed on 12 February 2013 (the instruments):

  1. Financial Sector (Collection of Data) (reporting standard) determination No. 44 of 2013, which makes Reporting Standard LRS 112.0 Determination of Capital Base;
  2. Financial Sector (Collection of Data) (reporting standard) determination No. 45 of 2013, which makes Reporting Standard LRS 112.3 Related Party Exposures;
  3. Financial Sector (Collection of Data) (reporting standard) determination No. 46 of 2013, which makes Reporting Standard LRS 114.0 Asset Risk Charge;
  4. Financial Sector (Collection of Data) (reporting standard) determination No. 47 of 2013, which makes Reporting Standard LRS 114.2 Derivatives Activity;
  5. Financial Sector (Collection of Data) (reporting standard) determination No. 48 of 2013, which makes Reporting Standard LRS 114.3 Off-balance Sheet Business;
  6. Financial Sector (Collection of Data) (reporting standard) determination No. 49 of 2013, which makes Reporting Standard LRS 115.0 Insurance Risk Charge;
  7. Financial Sector (Collection of Data) (reporting standard) determination No. 50 of 2013, which makes Reporting Standard LRS 117.0 Asset Concentration Risk Charge;
  8. Financial Sector (Collection of Data) (reporting standard) determination No. 51 of 2013, which makes Reporting Standard LRS 118.0 Operational Risk Charge; and
  9. Financial Sector (Collection of Data) (reporting standard) determination No. 52 of 2013, which makes Reporting Standard LRS 200.0 Capital Adequacy Supplementary Information.

The instruments commence on 12 February 2013. The instruments are being registered after this date; however the requirements apply to reporting periods ending no earlier than 28 February 2013. No life company will be impacted by the retrospective re-signing and registration as the time for lodging forms with APRA will arise no earlier than 20 business days after 28 February 2013.

  1.    Background

APRA commenced a review of the regulatory capital framework for general insurers and life companies (LAGIC review) in 2010. The broad aims of the review were to:

  • improve the risk sensitivity and appropriateness of the capital standards in general insurance and life insurance (including friendly societies); and
  • where appropriate, improve the alignment of the capital standards across the industries that APRA supervises.

APRA has made a range of amendments to its prudential framework to give effect to the findings of the review. The revised approach provides a clearer view of the financial position of life companies through a direct comparison of the amount of eligible capital with required capital. As a result of the changes, there is a common capital framework for required capital and eligible capital across general insurers and life companies. The minimum capital requirement is known as the Prudential Capital Requirement (PCR). This comprises a prescribed capital amount plus any supervisory adjustment determined by APRA. Life companies must at all times satisfy minimum requirements for the composition of their capital bases and ensure that the capital base exceeds the PCR.

 

2.      Purpose and operation of the instruments

The purpose of making the instruments is to introduce new and amended reporting standards and revoke existing reporting standards in relation to life companies in order to implement the changes arising from the LAGIC review.

The implementation of the revised capital framework under LAGIC requires substantive changes to the reporting requirements for both general insurers and life companies. Specifically, in the case of changes to reporting requirements for life companies, definitions of the capital base are included that are consistent with those applicable to general insurers and ADIs. The methodology for calculating the prescribed capital amount is also specified, including the introduction of explicit risk charges for asset risk, asset concentration risk, insurance risk and operational risk.

The changes in reporting requirements in relation to life companies and registered NOHCs of life companies are effected through the instruments.

The new reporting standards and associated reporting forms are issued under the FSCODA. These reporting standards enable the reporting requirements of the revised prudential framework to take effect. 

The collection of quarterly and annual data under the new life company prudential reporting requirements will commence for the first reporting period ending on or after 1 January 2013.

3.      Consultation

APRA undertook consultation on the LAGIC review between May 2010 and October 2012, including four rounds of industry consultation, three technical papers and two quantitative impact studies.

In addition to extensive consultation in relation to the prudential requirements, APRA released the following consultation materials in relation to the reporting requirements:

  • June 2012 – Discussion paper ‘Review of capital standards for general insurers and life insurers – proposed revisions to reporting requirements’[1], draft versions of reporting forms and instructions, reporting standards and capital adequacy calculation workbooks and instructions;
  • August 2012 – Letter to insurers ‘Additional proposed changes to the reporting standards’[2]; and
  • October 2012 – Response paper ‘Review of capital standards for general insurers and life insurers – reporting requirements’[3], final versions of all forms and instructions and reporting standards.

APRA has considered both formal and informal feedback from industry throughout the above multi-year process. Submissions received by APRA were broadly supportive of the changes. Issues considered to be significant or to have merit were incorporated into the revised capital framework.

4.      Regulation Impact Statement

A Regulation Impact Statement has been prepared and has been lodged as supporting material.

5.      Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

The legislative instruments the subject of this explanatory statement do not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Accordingly, in APRA’s assessment, these legislative instruments are compatible with human rights.

 

 

[1]  http://www.apra.gov.au/CrossIndustry/Consultations/Pages/LAGIC-Reporting-Requirements-June-2012.aspx

[2]  http://www.apra.gov.au/CrossIndustry/Consultations/Documents/120806-letter-to-industry-LAGIC-proposed-changes-to-reporting-standards.pdf

[3]  http://www.apra.gov.au/lifs/ReportingFramework/Pages/LAGIC-final-reporting-requirements-LI-October-2012.aspx

Overview

The Financial Sector (Collection of Data) (reporting standard) determination Nos. 42 to 60 of 2013 were enacted to implement new and amended reporting standards for life companies in Australia, as well as to revoke existing reporting standards. These legislative instruments were introduced by the Australian Prudential Regulation Authority (APRA) under the Financial Sector (Collection of Data) Act 2001, and their primary objective was to reflect the findings of the Life and General Insurance Capital (LAGIC) review. The review aimed to enhance the risk sensitivity and appropriateness of capital standards for life and general insurers, and to improve the alignment of capital standards across industries under APRA's supervision. By introducing these new reporting standards, APRA sought to provide a clearer view of the financial position of life companies through a direct comparison of the amount of eligible capital with the required capital. The instruments commenced on 1 January 2013, with requirements applying to reporting periods ending no earlier than 28 February 2013. APRA undertook extensive consultation with industry stakeholders between May 2010 and October 2012, releasing multiple consultation papers, draft reporting forms, and instructions to facilitate the process. The legislative instruments were well-received by the industry, with most submissions supporting the proposed changes.

Scope and Application

The Financial Sector (Collection of Data) (reporting standard) determination Nos. 42 to 60 of 2013, made under the Financial Sector (Collection of Data) Act 2001 (FSCODA) by the Australian Prudential Regulation Authority (APRA), establish new reporting standards for life companies in the Australian financial sector. These instruments, which were made on 20 December 2012 and subsequently varied on 12 February 2013, apply to life companies within the financial sector, requiring them to comply with specific reporting standards regarding their financial and accounting data. These standards are aimed at ensuring consistency and transparency in reporting across the industry, particularly in light of the Life and General Insurance Capital (LAGIC) review that began in 2010. The new standards include various revised and new reporting requirements such as the prescribed capital amount, capital adequacy, and risk charges, which are designed to align with the revised capital framework. The instruments commenced on 1 January 2013 and 12 February 2013, respectively, for different sets of reporting standards, but the actual reporting requirements apply to periods ending no earlier than 28 February 2013. APRA has also considered extensive industry feedback and completed a Regulation Impact Statement, ensuring that the legislative instruments are compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Financial Sector (Collection of Data) (reporting standard) determinations Nos. 42 to 60 of 2012, issued by the Australian Prudential Regulation Authority (APRA), outline new and amended reporting standards for life companies. These determinations were made under the authority granted by the Financial Sector (Collection of Data) Act 2001 (FSCODA) and the Acts Interpretation Act 1901. Specifically, these instruments introduce new reporting standards and revoke existing ones to implement changes arising from the Life and General Insurance Capital (LAGIC) review. They include new standards such as Reporting Standard LRS 001 Reporting Requirements, LRS 110.1 Prescribed Capital Amount, LRS 300.0 Statement of Financial Position, and others, which are designed to enhance the risk sensitivity and appropriateness of capital standards for life insurance companies. These standards became effective from 1 January 2013, although the instruments themselves were registered later. The obligations imposed by these determinations on life companies and other financial sector entities primarily revolve around the accurate and timely collection, calculation, and reporting of financial data. Life companies must ensure that they comply with the new reporting standards, which include detailed specifications on how to define and measure various aspects of their capital base, such as prescribed capital amounts and various risk charges. They are required to submit their reports in the prescribed format and within the stipulated timeframes. These obligations aim to ensure that APRA has a clear and comprehensive view of the financial health and risk profile of the companies under its supervision. Failure to comply with these reporting standards can lead to significant consequences. Under the FSCODA, breaches of the reporting requirements may result in enforcement actions by APRA. While the determinations themselves do not specify penalties, breaches of reporting requirements can lead to penalties under the FSCODA. The maximum penalties for non-compliance with the FSCODA can be substantial, including fines and potential criminal charges for directors or officers of the companies involved. APRA may also take supervisory and regulatory actions, such as issuing directions, imposing conditions on the company’s operations, or even revoking the company’s authorisation. These consequences underscore the importance of strict adherence to the new reporting standards by the entities governed by these determinations.

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