{"id":"F2020L01148","name":"Australian Prudential Regulation Authority (confidentiality) determination No. 2 of 2020","slug":"australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":113558,"registerId":"commonwealth-F2020L01148-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Prudential Regulation Authority (confidentiality) determination No. 2 of 2020","content":"![](image.001.png)\n\nAustralian Prudential Regulation Authority (confidentiality) determination\n\nNo. 2 of 2020\n\nInformation provided by authorised deposit-taking institutions under Reporting Standard ARS 923.2\n\nAustralian Prudential Regulation Authority Act 1998\n\nI, John Lonsdale, a delegate of APRA, under paragraph 57(2)(a) of the Australian Prudential Regulation Authority Act 1998, DETERMINE that the reporting document described in the Schedule does not contain confidential information.\n\nThis determination commences 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 1998.\n\nDated: 7 September 2020\n\n\\[Signed\\]\n\nJohn Lonsdale\n\nDeputy Chair\n\nInterpretation\n\nIn this determination:\n\nAPRA means the Australian Prudential Regulation Authority.\n\nARS 923.2 means Reporting Standard ARS 923.2 Repayment Deferrals, 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\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\nReporting documents covered by this determination\n\nThis determination applies to information given to APRA by an ADI under ARS 923.2 where a period of at least 5 business days has elapsed from the date an ADI was required to provide the information specified in ARS 923.2.","sortOrder":0}],"analysis":{"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 serves its original narrow purpose: authorising publication of specific repayment deferral data. It has not expanded beyond this intent."},"complexity_factors":["Very short document (approximately 250 words)","Only 4 defined terms in the interpretation section","Single operative provision with straightforward conditional trigger (5 business day delay)","No cross-references to other legislation beyond basic definitional citations","No exceptions, nested conditions, or procedural requirements","Single purpose instrument with linear structure"],"plain_english_summary":"This instrument declares data banks submit to APRA under ARS 923.2 on loan repayment deferrals to be non-confidential, letting APRA publish aggregated deferral figures. It affects authorised deposit-taking institutions (who still must report), APRA (which can release the data), and the public and analysts who gain transparency on repayment stress.\n\nA 5-business-day delay before publication gives banks a brief window to correct errors. This carve‑out was motivated by the surge in deferrals during COVID-19."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The determination confines its effect to information supplied under ARS 923.2 and declares that such information is non-confidential after the five-business-day trigger. The text does not indicate an expansion or narrowing of the underlying reporting standard's subject matter; it only alters the confidentiality treatment after the specified time."},"complexity_factors":["Short, single-purpose instrument focused on confidentiality status.","Cross-references to multiple statutes and instruments (APRA Act, Financial Sector (Collection of Data) Act, ARS 923.2).","A single temporal condition (5 business days) that determines effect.","Reliance on defined terms (ADI, reporting document, ARS 923.2) located in other laws.","Limited administrative discretion once the time condition is met; legal effect is automatic rather than rule-heavy."],"plain_english_summary":"This determination says that data ADIs give APRA under Reporting Standard ARS 923.2 will not be treated as confidential once at least five business days have passed from the date the ADI was required to provide it. That permits APRA to publish the non-confidential material under subsection 56(5C) of the APRA Act.\n\nIt affects authorised deposit-taking institutions (they supply the reports and carry the disclosure risk) and APRA (a delegate exercised power under paragraph 57(2)(a)). Mechanically, ADIs must keep providing ARS 923.2 data but should expect public release after the five-business-day trigger."}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2020","history":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2020/history","analysis":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2020/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2020/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2020/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-confidentiality-determination-no-2-of-2020/documents"}}