{"id":"F2021L00065","name":"Australian Prudential Regulation Authority (confidentiality) determination No. 1 of 2021","slug":"australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101215,"registerId":"commonwealth-F2021L00065-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 2021","content":"![](image.001.png)\n\nAustralian Prudential Regulation Authority (confidentiality) determination\n\nNo. 1 of 2021\n\nInformation provided by authorised deposit-taking institutions under Reporting Standard ARS 720.6\n\nAustralian Prudential Regulation Authority Act 1998\n\nI, Sean Carmody, a delegate of APRA, under paragraph 57(2)(a) of the Australian Prudential Regulation Authority Act 1998, determine the parts of the relevant reporting document specified in the schedule does not contain confidential information.\n\nThis determination commences on the date of registration on the Federal Register of Legislation.\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 1998.\n\nDated: 21 January 2021\n\n\\[Signed\\]\n\nSean Carmody\n\nExecutive Director\n\nCross-Industry Insights and Data Division\n\nInterpretation\n\nIn this determination:\n\nAPRA means the Australian Prudential Regulation Authority.\n\nauthorised deposit-taking institution (ADI) has the meaning given in section 5 of the Banking Act 1959.\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\nParts of reporting documents covered by this determination\n\n    This determination only applies to information in the specified parts of the following reporting form given to APRA by an ADI, under the following reporting standard, from the due date an ADI was required to provide the information specified in the relevant reporting standard to APRA:\n\n(a) Reporting Standard ARS 720.6 ABS/RBA Securities on Issue:\n\n| Reporting form | Item                                                                                                                              |\n| -------------- | --------------------------------------------------------------------------------------------------------------------------------- |\n| ARF 720.6      | Total short-term debt securities excluding hybrids: Issued in Australia: Negotiable certificates of deposit (AUD)                 |\n| ARF 720.6      | Total short-term debt securities excluding hybrids: Issued in Australia: Negotiable certificates of deposit (FX (AUD equivalent)) |\n| ARF 720.6      | Total long-term debt securities excluding hybrids: Issued in Australia: Negotiable certificates of deposit (AUD)                  |\n| ARF 720.6      | Total long-term debt securities excluding hybrids: Issued in Australia: Negotiable certificates of deposit (FX (AUD equivalent))  |","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination maintains its original narrow scope. It was clearly intended to declassify specific data items (negotiable certificates of deposit) from a single reporting standard to enable publication. It has not expanded beyond this specific purpose."},"complexity_factors":["Very short instrument (under 1 page)","Only 3 defined terms (APRA, ADI, reporting document)","Single operative provision with straightforward conditional logic","No cross-references to other legislation beyond citation of enabling Act","Narrow, specific scope limited to 4 data items in one reporting form","No exceptions, nested conditions, or discretionary powers"],"plain_english_summary":"This APRA determination makes certain data banks submit under Reporting Standard ARS 720.6 about negotiable certificates of deposit non-confidential, so APRA can publish it.  \n\nThat means banks’ reported figures on these short‑term debt instruments can be released publicly, boosting transparency and helping analysts, the Reserve Bank and others monitor bank funding, liquidity and market stability."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument removes confidentiality for specified entries of ARF 720.6 (Reporting Standard ARS 720.6), enabling publication of those items under subsection 56(5C). The change applies from registration and from the due date ADIs were required to supply the listed data, narrowing confidentiality protections for those precise report fields."},"complexity_factors":["Narrow, data‑specific scope limited to four ARF 720.6 items (negotiable certificates of deposit) — reduces complexity.","Legal basis requires cross‑reference to APRA Act powers (paragraph 57(2)(a)) and publication rule (subsection 56(5C)) — adds statutory cross‑checking.","Decision made by APRA delegate rather than Parliament — implicates administrative discretion and record of delegation.","Commencement ties to registration on the Federal Register and to the due date ADIs were required to provide the data — adds timing nuance.","Low compliance burden but concrete effect on ADIs’ disclosure risk and market sensitivity of published data."],"plain_english_summary":"This APRA delegate determination (under paragraph 57(2)(a) of the Australian Prudential Regulation Authority Act 1998) declares specified fields in reporting form ARF 720.6 (Reporting Standard ARS 720.6) are not confidential. As non‑confidential, those data may be published under subsection 56(5C).\n\nIt affects authorised deposit‑taking institutions (section 5, Banking Act 1959) that must lodge ARS 720.6 returns and covers four ARF items about negotiable certificates of deposit. The effect is public disclosure of those listed report items from registration onward; APRA controls the decision and ADIs bear the disclosure risk."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2021","history":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2021/history","analysis":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2021/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2021/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2021/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-1-of-2021/documents"}}