{"id":"F2017L01027","name":"Australian Prudential Regulation Authority (confidentiality) determination No 1 of 2017","slug":"australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96926,"registerId":"commonwealth-F2017L01027-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Prudential Regulation Authority (confidentiality) determination No 1 of 2017","content":"![](image.001.png)\n\nAustralian Prudential Regulation Authority (confidentiality) determination\n\nNo 1 of 2017\n\nInformation provided by ADIs under Reporting Standard ARS 731.1, ARS 731.3A, ARS 731.3B and ARS 731.4\n\nAustralian Prudential Regulation Authority Act 1998\n\nI, Katrina Ellis, a delegate of APRA, under paragraph 57(2)(b) of the Australian Prudential Regulation Authority Act 1998, DETERMINE that information contained in a reporting document described in the Schedule does not contain confidential information.\n\nThis determination has effect on the date of registration on the Federal Register of Legislation under the Legislation Act 2003.\n\nNote: The effect of this determination is that the non-confidential information may be published under subsection 56(5C) of the Australian Prudential Regulation Authority Act.\n\nDated: 08 August 2017\n\n\\[Signed\\]\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nKatrina Ellis\n\nGeneral Manager\n\nData Analytics\n\nInterpretation\n\nIn this determination:\n\nADI means an authorised deposit-taking institution within the meaning of the Banking Act 1959.\n\nAPRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998.\n\nARS 731.1 means Reporting Standard ARS 731.1 International Banking Statistics – Locational Data, or another reporting standard in substantially the same terms replacing it, made under section 13 of the Financial Sector (Collection of Data) Act 2001.\n\nARS 731.3A means Reporting Standard ARS 731.3A International Banking Statistics – Immediate and Ultimate Risk Exposures – Domestic Entity, or another reporting standard in substantially the same terms replacing it, made under section 13 of the Financial Sector (Collection of Data) Act 2001.\n\nARS 731.3B means Reporting Standard ARS 731.3B International Banking Statistics – Immediate and Ultimate Risk Exposures – Foreign Entity, or another reporting standard in substantially the same terms replacing it, made under section 13 of the Financial Sector (Collection of Data) Act 2001.\n\nARS 731.4 means Reporting Standard ARS 731.4 International Banking Statistics – Balance Sheet Items, or another reporting standard in substantially the same terms replacing it, made under section 13 of the Financial Sector (Collection of Data) Act 2001.\n\nreporting document means a reporting document within the meaning of section 13 of the Financial Sector (Collection of Data) Act 2001.\n\nSchedule\n\nReporting documents covered by this determination\n\nThis determination applies to information given to APRA, under the following reporting standards, where a period of at least 14 days has elapsed from the date ADI was required to provide the information specified in the relevant reporting standard.\n\n-   ARS 731.1\n-   ARS 731.3A\n-   ARS 731.3B\n-   ARS 731.4","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination narrows the treatment of confidentiality for specified reporting documents by declaring them non‑confidential after a 14‑day delay. It does not extend coverage beyond the listed reporting standards or create new categories of reports; it clarifies APRA's ability to publish those specific data items under the APRA Act."},"complexity_factors":["Very narrow, single-purpose instrument limited to four specified reporting standards","Bright‑line 14‑day timing rule introduces a simple temporal trigger","Relies on cross-references to the APRA Act (subsection 56(5C)) and Financial Sector (Collection of Data) reporting standards","Uses defined terms (ADI, APRA, ARS numbers) but does not create new regulatory duties","Delegate authorisation is explicit but creates reliance on delegated decision-making","Potential ambiguity from phrase 'date ADI was required to provide' depending on reporting schedules"],"plain_english_summary":"APRA (by delegate) declares that data ADIs supply under Reporting Standards ARS 731.1, ARS 731.3A, ARS 731.3B and ARS 731.4 is not confidential and may be published under the APRA Act once at least 14 days have passed from the date the ADI was required to provide it. This affects authorised deposit‑taking institutions (ADIs), who face the risk of their reported international banking data being published, and gives APRA authority to release those non‑confidential statistics."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination performs exactly the narrow function it was designed for: declassifying specific statistical returns for publication. It has not expanded beyond its original purpose of facilitating transparency in international banking statistics reporting."},"complexity_factors":["Very short instrument (under 2 pages)","Only 7 defined terms, all straightforward","Single operative provision with one simple condition (14-day waiting period)","No cross-references to other legislation beyond basic enabling Act citations","No exceptions, nested conditions, or discretionary powers"],"plain_english_summary":"This is a short legal instrument made by APRA (the banking regulator) that allows certain banking data to be made public. Normally, information that banks give to APRA is kept secret. But this determination says that specific international banking statistics—once they've been with APRA for at least 14 days—are **not** confidential and can be published. The data comes from four specific reporting forms (ARS 731.1, 731.3A, 731.3B, and 731.4) that banks must fill out about their overseas operations and risk exposures. This matters because it lets APRA share aggregated banking data with the public, researchers, or international bodies like the Bank for International Settlements, while still protecting individual banks' sensitive commercial secrets."}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2017","history":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2017/history","analysis":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2017/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2017/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2017/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2017/documents"}}