Non-Confidentiality Determination No. 12 of 2005

Administered by Department of the Treasury

Legislation au F2005L04160 Not in force Legislative Instrument

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NON-CONFIDENTIALITY DETERMINATION NO. 12 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. 12 of 2005 (the ‘Determination’), made on 14 December 2005 is APRA’s eighteenth 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 November 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) issued Non-Confidentiality Determination No. 12 of 2005 under Section 57 of the Australian Prudential Regulation Authority Act 1998. This Determination, made on 14 December 2005, aims to allow APRA to publish an edition of Monthly Banking Statistics for November 2005, containing data from locally-incorporated banks and foreign authorised deposit-taking institutions (ADIs). The Determination specifies that certain information provided under Reporting Standard ARS 320.0 (2005) is non-confidential, excluding sensitive data such as shareholder’s equity, total income tax liability, and total provisions. This decision follows consultations with industry representatives, with most entities agreeing that the specified information could be treated as non-confidential, despite some objections. The Determination facilitates the disclosure of selected assets, loans, and liabilities data, as outlined in the attached appendix, while maintaining the confidentiality of sensitive information.

Scope and Application

The Non-Confidentiality Determination No. 12 of 2005, issued by the Australian Prudential Regulation Authority (APRA), applies to information provided by locally-incorporated banks and foreign authorised deposit-taking institutions (ADIs) under the Reporting Standard ARS 320.0 (2005). This determination allows APRA to publish an edition of Monthly Banking Statistics containing data for November 2005, which would otherwise be considered confidential under the Australian Prudential Regulation Authority Act 1998. The determination excludes sensitive information, such as shareholder's equity, total income tax liability, and total provisions, following consultations with the relevant entities. The Determination does not cover the entire spectrum of information submitted under ARS 320.0, with specific items that will be disclosed outlined in Appendix A. The determination's reach is limited to the Commonwealth level and applies to entities within the financial sector, specifically those required to report under the Financial Sector (Collection of Data) Act 2001.

Key Provisions

The main sections of the Non-Confidentiality Determination No. 12 of 2005, issued by the Australian Prudential Regulation Authority (APRA), pertain to the determination of specific information as non-confidential under certain reporting standards. Section 57 of the Australian Prudential Regulation Authority Act 1998 (APRA Act) empowers APRA to determine whether information provided under the Financial Sector (Collection of Data) Act 2001 contains confidential information. This determination allows APRA to publish the specified information in its Monthly Banking Statistics, covering November 2005. The determination specifies that information given under Reporting Standard ARS 320.0 (2005) is non-confidential, provided it is received after the last determination under s 57 of the APRA Act and is provided by locally-incorporated banks and foreign authorised deposit-taking institutions (ADIs). The obligations imposed by this determination on the relevant entities, such as locally-incorporated banks and foreign ADIs, include providing specific information under Reporting Standard ARS 320.0 to APRA. These entities must ensure that the information given is non-confidential as per the determination. APRA, in turn, has the obligation to consider any representations made by these entities or their representative associations regarding the confidentiality of the information before making its determination. APRA must also give these entities or their representative associations a reasonable opportunity to make these representations. Under this determination, any breach of the obligations outlined would not be considered an offence under section 56(2) of the APRA Act, as the information specified in the determination is deemed non-confidential. However, there are no specific penalties outlined for breaches of this determination, as it primarily serves to facilitate the publication of certain financial data. The strong public interest in the publication of such information is noted, and similar information was regularly published under the former section 51 of the Banking Act 1959. The regulation impact statement requirement for this determination has been exempted by the Office of Regulation Review.

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