Financial Sector (Collection of Data) (reporting standard) determination No. 5 of 2010 - GRS 160.0 (2010) - Derivative Activity and Risk Charge

Administered by Department of the Treasury

Legislation au F2010L02325 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 were enacted under the authority of the Financial Sector (Collection of Data) Act 2001, by the Australian Prudential Regulation Authority (APRA). The purpose of these instruments was to introduce new and amended reporting standards for the prudential supervision of general insurers in Australia. These standards were designed to align the reporting requirements with the Australian equivalents of International Financial Reporting Standards (AIFRS), thereby simplifying the reporting process and enhancing APRA's ability to analyse the financial performance of insurers. The changes were the result of consultations with the industry aimed at refining the reporting requirements. These legislative instruments established eleven new reporting standards and revoked one existing standard, effective from the date of their registration on the Federal Register of Legal Instruments.

Scope and Application

The Financial Sector (Collection of Data) (reporting standard) determination Nos. 2 to 13 of 2010 applies to financial sector entities in Australia, specifically general insurers, and mandates the compliance with new and amended reporting standards concerning financial and accounting data as well as other business or activity-related information. These standards were established under the Financial Sector (Collection of Data) Act 2001 by the Australian Prudential Regulation Authority (APRA) to streamline prudential reporting, aligning it with the Australian equivalents to International Financial Reporting Standards (AIFRS). The instruments encompass eleven new reporting standards, which include, among others, minimum capital requirements, investment guidelines, and revenue reporting, effective from the date of registration on the Federal Register of Legal Instruments. Additionally, certain transitional arrangements and the revocation of previous standards such as GRS 320.0 (2008) Reconciliation of Annual Disclosure are included in the determination. The scope of these instruments is limited to the Commonwealth jurisdiction, and while they introduce new reporting obligations, they do not specify any exclusions or exemptions.

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), establishes new reporting standards for financial sector entities, particularly general insurers, to comply with. These standards, which align with Australian equivalents to International Financial Reporting Standards (AIFRS), focus on areas such as minimum capital requirements, determination of capital base, investments, and derivative activities, among others. These new standards, effective from the date of their registration on the Federal Register of Legal Instruments, aim to streamline and refine prudential reporting to the Australian Prudential Regulation Authority (APRA), enhancing the quality of data APRA receives for its analysis of financial performance. The determinations impose obligations on financial sector entities, particularly general insurers, to adhere to the specified reporting standards. This includes reporting financial and accounting data, and other relevant information in a manner that aligns with the new standards. The new standards require insurers to report additional reconciling data items for the first submission of quarterly and annual returns. This requirement is aimed at facilitating APRA's comparison and reconciliation of key reporting items under the prior and new reporting basis, ensuring a smooth transition and data consistency. Breaches of the reporting standards outlined in the determinations may have serious consequences. Under the FCSOD Act, non-compliance could lead to civil or criminal penalties. The specific penalties for breaches are not detailed in the explanatory statement, but generally, civil penalties for non-compliance with APRA's reporting requirements can include fines of up to $330,000 for individuals and $1.65 million for bodies corporate. Criminal penalties may also apply, with fines of up to $220,000 for individuals and $1.1 million for bodies corporate, alongside potential imprisonment. The severity of these penalties underscores the importance of adhering to the new reporting standards.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.