Financial Sector (Collection of Data) (reporting standard) determination No. 9 of 2007 - MRS 140.3 - Investments - Loans and Advances

Administered by Department of the Treasury

Legislation au F2007L02099 Not in force Legislative Instrument

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Financial Sector (Collection of Data) (reporting standard) determinations Nos. 1- 17 of 2007

 

 

EXPLANATORY STATEMENT

 

Prepared by the Australian Prudential Regulation Authority (APRA)

Issued by the authority of APRA

 

Financial Sector (Collection of Data) Act 2001 (the Act), paragraph 13(1)(a)

 

Acts Interpretation Act 1901, subsection 33(3)

 

 

Under paragraph 13(1)(a) of the 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.  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 amend or vary any such instrument.

 

Financial Sector (Collection of Data) (reporting standard) determinations Nos. 1 - 17 of 2007 (the instruments) respectively revoke and replace the reporting standards (which were originally determined on 29 June 2004 to have effect from 30 June 2004) outlined below in respect of corporations to which section 5A of the Act applies (MDOs):

 

MRS 120.0: Capital Base

MRS 130.0: Off Balance Sheet Business – Direct Credit Substitutes Provided

MRS 130.1: Off Balance Sheet Business – Liquidity Support Facilities Obtained

MRS 130.2: Off Balance Sheet Business – Charges Granted

MRS 130.3: Off Balance Sheet Business – Credit Support Received

MRS 140.0: Investments – Direct Interest Rate Holdings

MRS 140.1: Investments – Direct Equity Holdings

MRS 140.2: Investments – Direct Property Holdings

MRS 140.3: Investments – Loans and Advances

MRS 140.4: Investments – Assets Indirectly Held

MRS 150.0: Asset Exposures

MRS 160.0: Derivative Activity

MRS 210.0: Outstanding Claims Liabilities

MRS 300.0: Statement of Financial Position

MRS 310.0: Statement of Financial Performance

MRS 310.2: Claims Expense and Reinsurance Recoveries

MRS 310.3: Investment and Operating Income and Expenses

 

Under subsection 15(2) of the Act, APRA has declared that the reporting standards shall begin to apply to all MDOs on the later of 30 June 2007 and the date of registration of the instruments on the Federal Register of Legislative Instruments.

 

  1.    Background

 

This Explanatory Statement explains the changes being made by APRA to the reporting framework for MDOs in response to Australian equivalents to international financial reporting standards (AIFRS).

 

Each reporting standard comprises: (1) the body of the reporting standard itself (which contains details about inter alia when returns under the standards must be lodged with APRA); (2) one or more reporting forms which must be completed by MDOs covered by the reporting standard; and (3) a set of detailed technical instructions regarding completion of the form.

 

The changes to Australian accounting standards that flow from the adoption of AIFRS, if left unadjusted, would automatically flow through to APRA’s reporting framework. APRA’s objective in its approach to AIFRS is to align its reporting  standards with Australian accounting standards and principles to the extent practicable, as the latter provide a widely accepted basis for the recognition and measurement of assets, liabilities, equity, revenue and expenses

 

 

2.      Purpose of the instrument

The purpose of each instrument is to revoke those reporting standards applying to MDOs and to replace them with corresponding standards which incorporate appropriate adjustments (new standards).  APRA considered that it would be clearer and more effective to consolidate the necessary changes within new standards.  For that reason, APRA decided to revoke and replace reporting standards rather than to amend them. APRA has also taken this opportunity to update the formatting of instructions attaching to all MDO reporting standards. Therefore APRA has revoked all MDO reporting standards and redetermined them.

 

3.      Operation of the instruments

 

The instruments determine the new standards.

 

The forms and instructions have been revised taking account of the impact of AIFRS. The core changes are as follows and most are due to AIFRS:

 

  • Terminology changes Use of AIFRS and prudential terminology (e.g. Market value replaced with Fair value, Provision for deferred tax replaced with Deferred tax liability, Unrealised gain on derivatives replaced with Derivative financial instruments);
  • Addition - eg Paid up ordinary shares and Other liabilities; and
  • Deleted – eg Goodwill amortisation.

 

In addition, there have also been changes to update the formatting and references of the instruction guides together with improvement of wording. These changes do not affect the content of the reporting standards or instruction guides.

 

4.      Consultation

 

Consultation with all 7 MDOs has been held over a 2 week period.

 

5.      Regulation Impact Statement

 

A RIS or BCC report is not mandatory as the proposal has a low impact on business and individuals (including compliance costs).

Overview

The Financial Sector (Collection of Data) (reporting standard) determinations Nos. 1- 17 of 2007, made under the Financial Sector (Collection of Data) Act 2001, address the need to update the reporting framework for Major Deposit-taking Institutions (MDOs) in alignment with Australian equivalents to international financial reporting standards (AIFRS). This legislative instrument, issued by the Australian Prudential Regulation Authority (APRA), aims to ensure that the reporting standards reflect the current accounting principles and practices, thereby enhancing the accuracy and comparability of financial data reported by MDOs. The policy objective is to maintain a robust regulatory framework that supports effective supervision and regulation of financial institutions, facilitating better risk management and stability within the financial sector. The determinations revoke and replace existing reporting standards with new ones that incorporate adjustments necessitated by the adoption of AIFRS. This approach was chosen to improve clarity and effectiveness by consolidating necessary changes within new standards rather than amending the existing ones. The new standards include updated terminology, additional reporting requirements, and revised formatting of instruction guides, all aimed at aligning APRA's reporting framework with Australian accounting standards and principles. APRA consulted with all seven MDOs before issuing these determinations, and due to the low impact on business and individuals, a Regulation Impact Statement was deemed unnecessary.

Scope and Application

The Financial Sector (Collection of Data) (reporting standard) determinations Nos. 1-17 of 2007, issued by the Australian Prudential Regulation Authority (APRA) under the Financial Sector (Collection of Data) Act 2001, aim to update and replace the existing reporting standards for Major Deposit-taking Institutions (MDOs) in accordance with Australian equivalents to international financial reporting standards (AIFRS). These instruments apply to MDOs, which are corporations to which section 5A of the Act applies, and encompass a broad range of financial and accounting data. The determinations specify new reporting standards that include terminology changes, additions, and deletions to align with AIFRS, while also updating the formatting and references of instruction guides. The changes are intended to provide a widely accepted basis for the recognition and measurement of financial data, ensuring consistency with Australian accounting standards and principles. The reporting standards and accompanying forms and instructions are designed to be completed by MDOs and submitted to APRA, with the new standards taking effect from 30 June 2007 or the date of registration of the instruments on the Federal Register of Legislative Instruments, whichever is later.

Key Provisions

The Financial Sector (Collection of Data) (reporting standard) determinations Nos. 1-17 of 2007 primarily focus on updating and revising the reporting standards for Managed Investment Schemes (MIS) under the Financial Sector (Collection of Data) Act 2001 (the Act) (s.13). These determinations revoke and replace the existing reporting standards (MRS 120.0 to MRS 310.3) with new ones that reflect changes due to the adoption of Australian equivalents to international financial reporting standards (AIFRS). This includes updates to terminology, the addition of new categories, and the removal of outdated items, all aimed at aligning the reporting framework with contemporary accounting principles. The new standards will apply to all Managed Investment Schemes (MDOs) from the later of 30 June 2007 or the date of registration of these instruments on the Federal Register of Legislative Instruments (s.15(2)). The obligations imposed by these determinations on financial sector entities, particularly MDOs, include the requirement to comply with the revised reporting standards. This involves adhering to new terminology, completing updated reporting forms, and following the detailed technical instructions provided. MDOs must ensure that their financial and accounting data align with the newly defined categories and standards, which are now consistent with AIFRS. The entities are also required to submit their reports to the Australian Prudential Regulation Authority (APRA) by the specified deadlines, ensuring that all necessary information is accurately and comprehensively presented. Failure to comply with the new reporting standards can result in significant consequences. While the specific offences and penalties are not explicitly stated in the explanatory statement, it is reasonable to infer that breaches of reporting requirements under the Act could lead to enforcement actions by APRA. These actions may include fines, penalties, or other regulatory measures. The severity of the penalties would depend on the nature and extent of the non-compliance, but they could potentially include substantial financial penalties as outlined in other sections of the Act. Additionally, ongoing non-compliance could lead to further regulatory scrutiny or even licensing repercussions for the entities involved.

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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.