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. These determinations address the need to simplify and refine prudential reporting for general insurers, ensuring that the data collected aligns with Australian equivalents to International Financial Reporting Standards (AIFRS) and enhances the Australian Prudential Regulation Authority's (APRA) analysis of financial performance. The purpose of these instruments is to implement APRA's proposals by replacing existing reporting standards with new ones that reflect the updated requirements. APRA consulted with the industry from December 2009 to February 2010, receiving generally supportive feedback on the proposed changes. The new reporting standards will take effect from the date of their registration on the Federal Register of Legal Instruments, with insurers required to submit additional reconciling data items for the initial quarterly and annual returns under the new framework.
Scope and Application
The Financial Sector (Collection of Data) (reporting standard) determination Nos. 2 to 13 of 2010 applies to financial sector entities, specifically general insurers, as governed by the Financial Sector (Collection of Data) Act 2001. This Act empowers the Australian Prudential Regulation Authority (APRA) to determine reporting standards for financial or accounting data and other information concerning the business or activities of these entities. The reporting standards pertain to various aspects, including the minimum capital requirement, determination of capital base, investments, derivative activities, risk charges, and supplementary reporting information. The determinations are effective from the date of registration on the Federal Register of Legal Instruments and apply across the Commonwealth of Australia. The scope of the Act extends to the simplification of prudential reporting and minor refinements to the reporting requirements, primarily focusing on the alignment of the balance sheet and income statement with the Australian equivalents to International Financial Reporting Standards (AIFRS). The application of these standards facilitates APRA's analysis of the financial performance of general insurers. Additionally, the Act allows for the revocation of existing reporting standards and the introduction of new or amended ones, ensuring the regulatory framework remains relevant and effective.
Key Provisions
The Financial Sector (Collection of Data) (reporting standard) determination Nos. 2 to 13 of 2010, made under the Financial Sector (Collection of Data) Act 2001 (FCSOD Act), introduces a new set of reporting standards for entities in the financial sector. These standards are designed to align the reporting of financial and accounting data with the Australian equivalents to International Financial Reporting Standards (AIFRS), enhancing the quality and comparability of data reported to the Australian Prudential Regulation Authority (APRA) (paragraph 1). Specifically, these determinations make effective new reporting standards such as GRS 110.0 Minimum Capital Requirement, GRS 120.0 Determination of Capital Base, GRS 140 Investments, and others, which were proposed to simplify and refine prudential reporting requirements (paragraph 2).
The new reporting standards impose specific obligations on financial sector entities, primarily general insurers in this context, to ensure compliance with the outlined requirements. These obligations include the submission of quarterly and annual data as per the new prudential framework, starting from the first reporting period ending after the registration date on the Federal Register of Legal Instruments (paragraph 3). Insurers must also submit additional reconciling data items for the first quarterly and annual returns in accordance with GRS 900.0 Transitional Arrangements 2010, facilitating a smooth transition and enabling APRA to reconcile key reporting items under the old and new reporting basis.
Entities failing to comply with the new reporting standards may face various consequences. Although the explanatory statement does not detail specific penalties, non-compliance with the FCSOD Act generally can result in enforcement actions by APRA, including administrative penalties. Under the Acts Interpretation Act 1901, APRA has the authority to revoke any legislative instrument, which might be exercised if entities persistently fail to comply with the new standards. It is also possible that civil or criminal penalties could apply depending on the nature and severity of the non-compliance, as stipulated by other relevant legislation.