Non-Confidentiality Determination No. 11 of 2005

Administered by Department of the Treasury

Legislation au F2005L03614 Not in force Legislative Instrument

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NON-CONFIDENTIALITY DETERMINATION NO. 11 OF 2005

 

Determination that information is non-confidential [information provided by locally-incorporated banks and foreign authorised deposit-taking institutions under Reporting Standard ARS 320.0 (2005)]

 

 

EXPLANATORY STATEMENT

Issued by the authority of the Australian Prudential Regulation Authority (‘APRA’)

Australian Prudential Regulation Authority Act 1998 (‘APRA Act’), s 57

 

Non-Confidentiality Determination No. 11 of 2005 (the ‘Determination’), made on 15 November 2005 is APRA’s sixteenth determination under s 57 of the APRA Act.  The purpose of the Determination is to enable APRA to publish an edition of Monthly Banking Statistics, which will contain data in respect of October 2005.

Legislative background

Subsection 56(5C) of the APRA Act provides that it is not an offence against s 56(2) of that Act to disclose information in a reporting document given to APRA under s 13 of the Financial Sector (Collection of Data) Act 2001 where APRA has determined, under s 57, that the document does not contain confidential information.

Section 57 of the APRA Act gives APRA power to determine whether a document given under s 13 of the Financial Sector (Collection of Data) Act contains confidential information.  The section provides that before doing so APRA must give relevant entities or bodies, or their representative association, a reasonable opportunity to make representations as to whether information of the kind contained in the document is confidential, and take such representations into account.

Information covered by the determination 

The Determination provides that certain information given to APRA under Reporting Standard ARS 320.0 (2005) Statement of Financial Position (Domestic Books) (made under s13 of the Financial Sector (Collection of Data) Act), being information received after APRA’s last determination under s 57, non-confidential.  It applies to information given to APRA by foreign ADIs (generally banks) and locally-incorporated banks.

The Determination excludes information of a sensitive nature, including information relating to shareholder’s equity, total income tax liability and total provisions.  The latter two items were excluded as a result of consultations with industry under s 57 of the APRA Act (see below).  

Items that will be disclosed (and which are covered by the Determination) are set out in Appendix A to the Explanatory Statement.

 

 

Consultation

 

APRA commenced consultations in relation to whether information of the kind covered by the Determination should be treated as non-confidential by writing to locally-incorporated banks, foreign ADIs, and their respective representative bodies, on 24 December 2003.  Most agreed that information of the kind covered by the Determination could be treated as non-confidential.  A small minority objected to the publication of any information from ARS 320.0, but in APRA’s view there is a strong public interest in the publication of the information, and it is noted that similar information was regularly published under the former s 51 of the Banking Act 1959.

 

Regulation Impact Statement

 

The Office of Regulation Review has exempted APRA from the requirement to provide a Regulation Impact Statement in relation to the Determination.

 


Appendix A: List of items to be published in the Monthly Banking Statistics publication             

 

 

Table 1: Selected Assets on Australian Books of Individual Banks 

 Cash and liquid assets

 Trading securities

 Investment securities

 Acceptances of customers

 Gross loans and advances

 Other investments

 Total resident assets

 Outstanding value of all assets that have been securitised

 Value of housing loans securitised during the month

 

Table 2: Loans and Advances on Australian Books of Individual Banks 

 Loans to non-financial corporations

 Loans to financial corporations

 Loans to general government

 Housing loans - owner-occupied

 Housing loans - investment

 Household credit cards

 Other household loans

 Loans to community service organisations and non-profit institutions

 Total gross loans and advances

 Intra-group loans and advances

 

Table 3: Selected Liabilities on Australian Books of Individual Banks 

 Due to clearing houses and financial institutions

 Acceptances

 Total deposits

 Intra-group deposits

 Bonds, notes and long-term borrowings

 Other borrowings

 

Table 4: Deposits on Australian Books of Individual Banks 

 Deposits from non-financial corporations

 Deposits from financial corporations

 Deposits from general government

 Deposits from households

 Deposits from community service organisations and non-profit institutions

 Other deposit accounts

 Certificates of deposit

 Total deposits

 

 

 

Overview

The Australian Prudential Regulation Authority (APRA) made Non-Confidentiality Determination No. 11 of 2005 under section 57 of the Australian Prudential Regulation Authority Act 1998 to allow for the disclosure of certain information provided by locally-incorporated banks and foreign authorised deposit-taking institutions under Reporting Standard ARS 320.0. This was aimed at facilitating the publication of an edition of Monthly Banking Statistics by APRA, covering data from October 2005. The determination followed consultations with industry stakeholders, which largely supported the non-confidential treatment of the specified information. However, sensitive information, such as that relating to shareholder's equity, total income tax liability, and total provisions, was excluded from this determination. The items that will be disclosed are listed in Appendix A of the Explanatory Statement and include details on assets, loans, advances, and liabilities of the participating banks.

Scope and Application

The Non-Confidentiality Determination No. 11 of 2005, issued under the Australian Prudential Regulation Authority (APRA) Act, designates specific information submitted by locally-incorporated banks and foreign authorised deposit-taking institutions (ADIs) as non-confidential. This determination allows APRA to publish the data in its Monthly Banking Statistics publication for October 2005, covering information provided under the Reporting Standard ARS 320.0 (2005). The determination excludes sensitive information such as details related to shareholder equity, total income tax liability, and total provisions, reflecting feedback from industry consultations. The disclosed information includes various financial metrics, such as cash and liquid assets, trading securities, investment securities, loans, and deposits, as outlined in the appendix to the explanatory statement. This determination applies to all locally-incorporated banks and foreign ADIs, with APRA having consulted relevant entities before making this determination.

Key Provisions

The Non-Confidentiality Determination No. 11 of 2005 (the 'Determination') under section 57 of the Australian Prudential Regulation Authority Act 1998 (APRA Act) permits the Australian Prudential Regulation Authority (APRA) to publish information contained in the reporting documents provided by locally-incorporated banks and foreign authorised deposit-taking institutions (ADIs) under the Reporting Standard ARS 320.0 (2005). This determination specifically applies to information that APRA has determined to be non-confidential, enabling it to be included in the Monthly Banking Statistics publication. Notably, the Determination excludes sensitive information such as shareholder's equity, total income tax liability, and total provisions. These exclusions were made following consultations with industry stakeholders, as outlined in the Determination. The Determination imposes an obligation on APRA to consult with relevant entities, including locally-incorporated banks, foreign ADIs, and their respective representative bodies, before determining that certain information is non-confidential. It mandates that APRA must provide these entities with a reasonable opportunity to make representations regarding the confidentiality of the information. APRA is required to consider these representations before making its determination. The Determination also obligates APRA to ensure that the information it publishes does not include any sensitive or confidential details, as previously specified. Under the APRA Act, if APRA discloses information that it has determined to be non-confidential but which is found to be confidential, it does not constitute an offence under section 56(2) of the Act. However, any unauthorised disclosure of information that APRA has determined to be confidential could potentially result in legal consequences. The specific penalties for breaches of confidentiality provisions in the APRA Act are not detailed in the Determination itself, but they generally include fines and other civil or criminal sanctions, depending on the nature and severity of the breach. The Office of Regulation Review has exempted APRA from the requirement to provide a Regulation Impact Statement in relation to this Determination, recognising the minimal impact on the industry and the public interest in the disclosure of the specified financial data. The Determination's focus on facilitating the publication of monthly banking statistics underscores the importance of transparency and the availability of financial information to the public and stakeholders, while still protecting sensitive details from public disclosure.

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