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 Financial Sector (Collection of Data) Act 2001 (FCSOD Act) to address the need for simplification and refinement of prudential reporting requirements for the general insurance sector in Australia. These instruments, prepared by the Australian Prudential Regulation Authority (APRA), were introduced to align the balance sheet and income statement with Australian equivalents to International Financial Reporting Standards (AIFRS), enhancing APRA's analysis of the financial performance of general insurers. The determinations replace existing reporting standards with new standards that reflect APRA's proposals, ensuring that the reporting framework is both efficient and effective. This legislative action aimed to streamline the reporting process for insurers while maintaining robust oversight and regulatory standards.
Scope and Application
The Financial Sector (Collection of Data) (reporting standard) determination Nos. 2 to 13 of 2010, issued under the Financial Sector (Collection of Data) Act 2001 (FCSOD Act), applies to financial sector entities, specifically general insurers operating within Australia. These determinations mandate new and amended reporting standards concerning the collection and submission of financial and accounting data to the Australian Prudential Regulation Authority (APRA). The instruments cover a broad spectrum of reporting requirements, including capital requirements, investments, derivative activities, risk charges, and financial performance metrics. This legislation aims to enhance the analysis of the financial performance of general insurers by aligning the reporting standards with Australian equivalents to International Financial Reporting Standards (AIFRS). The scope of these determinations includes the introduction of eleven new reporting standards and the revocation of one existing standard, effective from the date of their registration on the Federal Register of Legal Instruments. The new standards will commence data collection for the first reporting period ending on or after the registration date, requiring insurers to submit additional reconciling data items as per the transitional arrangements outlined in GRS 900.0. The application of these standards is national, impacting all general insurers within Australia.
Key Provisions
The Financial Sector (Collection of Data) (reporting standard) determination Nos. 2 to 13 of 2010, established under the Financial Sector (Collection of Data) Act 2001 (FCSOD Act), introduce revised reporting standards for general insurers in Australia. The key operative sections of these determinations (paragraphs 2 and 3) establish new and amended reporting requirements designed to align the reporting of financial and accounting data with Australian equivalents to International Financial Reporting Standards (AIFRS). This alignment aims to simplify prudential reporting and enhance the analysis of the financial performance of general insurers by the Australian Prudential Regulation Authority (APRA). Section 15 of the FSCOD Act grants APRA the authority to formally declare when these reporting standards will begin to apply. The determinations introduce eleven new reporting standards, including standards for minimum capital requirements, determination of capital base, investments, derivative activities, insurance risk charges, and supplementary reporting information, among others. These standards will be effective from the date of their registration on the Federal Register of Legal Instruments.
The Act imposes several obligations on the entities it governs. General insurers must comply with the new reporting standards, which include providing additional reconciling data items for the first submission of quarterly and annual returns in accordance with Reporting Standard GRS 900.0 Transitional Arrangements 2010. This requirement is to enable APRA to compare and reconcile key reporting items under the prior and new reporting basis. Insurers must also ensure that their financial data is aligned with AIFRS, which involves potentially significant adjustments to their reporting practices and systems. Furthermore, insurers are obligated to complete and submit the new reporting forms and instructions issued by APRA, as outlined in the determinations.
Breach of the reporting standards established by these determinations can lead to various civil and criminal consequences. While the specific penalties are not outlined in the explanatory statement, breaches of similar regulatory requirements under the FSCOD Act can result in substantial penalties. For example, misleading or deceptive conduct, which can be an indirect consequence of non-compliance, can attract penalties of up to $1.1 million for a corporation under the Corporations Act 2001. Additionally, APRA has the authority to take enforcement actions, including issuing compliance directions, imposing financial penalties, and in severe cases, revoking the registration of financial sector entities. The determinations also revoke Reporting Standard GRS 320.0 (2008) Reconciliation of Annual Disclosure, which had previously been in effect, highlighting the importance of adhering to the new standards.