{"id":"F2019L00250","name":"Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2019","slug":"australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98861,"registerId":"commonwealth-F2019L00250-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2019","content":"![](image.001.png)\n\nAustralian Prudential Regulation Authority instrument fixing charges No. 1 of 2019\n\nCharges to be paid in relation to: friendly society rules and rule amendment applications; applications for authorisation as a Private Health Insurer; transfer of business applications and applications to hold a Restricted Authorised Deposit-taking Institution (ADI) licence and progression to an ADI.\n\nAustralian Prudential Regulation Authority Act 1998\n\nI, Stephen Matthews, a delegate of APRA:\n\n(a) under paragraph 51(1)(b) of the Australian Prudential Regulation Authority Act 1998 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 revoke Australian Prudential Regulation Authority Instrument fixing charges No. 5 of 2018 dated 7 June 2018; and\n\n(b) under paragraph 51(1)(b) of the Act fix the charges specified in the attached Schedule.\n\nThis instrument commences on the date of registration on the Federal Register of Legislation.\n\n    Dated: 27 February 2019\n\n\\[Signed\\]\n\n……………………………………\n\nStephen Matthews\n\nExecutive General Manager\n\nInterpretation\n\nADI is short for authorised deposit-taking institution and has the meaning given in subsection 5(1) of the Banking Act 1959.\n\n> APRA means the Australian Prudential Regulation Authority.\n\nfriendly society has the meaning given in Section 16C of the Life Insurance Act 1995 (the Life Act).\n\nGI is short for general insurer and has the meaning given in Section 3 of the Insurance Act 1973.\n\nLI is short for life company and has the meaning given in the Dictionary in the Schedule of the Life Act\n\nprivate health insurer has the meaning given in the Dictionary in Schedule 1 of the Private Health Insurance Act 2007.\n\n  \n\n> Note: Schedule of charges\n\n| Item | Application for which the charge is imposed                                                                                                                                                                                                                                                                                                                                                                                     | Amount of charge(GST exempt) | Person required to pay the charge | When the charge is to be paid   |\n| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------- | --------------------------------- | ------------------------------- |\n| 1    | Applications for approval of friendly society rules and rule amendments under sections 16L & 16Q of the Life Insurance Act 1995 (respectively).                                                                                                                                                                                                                                                                                 | $3,000                       | Applicant                         | On lodgement of the application |\n| 2    | Application for authorisation as a private health insurer under Section 12 of the Private Health Insurance (Prudential Supervision) Act 2015.                                                                                                                                                                                                                                                                                   | $110,000                     | Applicant                         | On lodgement of the application |\n| 3    | Applications for transfer of business approvals for:(a) GIs under Division 3A of Part III of the Insurance Act 1973;(b) LIs - including friendly societies under Part 9 of the Life Insurance Act 1995;(c) ADIs under section 10 of the Financial Sector (Business Transfer and Group Restructure) Act 1999; and(d) private health insurers under Section 33 of the Private Health Insurance (Prudential Supervision) Act 2015. | $11,000                      | Applicant[1]                      | On lodgement of the application |\n| 4    | Application for authorisation as an ADI under Section 9 of the Banking Act 1959 – where the applicant applies to be authorised to hold a restricted ADI licence.                                                                                                                                                                                                                                                                | $80,000                      | Applicant                         | On lodgement of the application |\n| 5    | Application for authorisation as an ADI under Section 9 of the Banking Act 1959 – where the applicant applies to progress from a restricted ADI to an ADI.                                                                                                                                                                                                                                                                      | $30,000                      | Applicant                         | On lodgement of the application |\n\nIn relation to the Schedule of charges above:\n\n(a) Each of the charges is GST exempt (see Note 1 below);\n\n(b) Subject to paragraph (c) below, APRA may waive or refund, in whole or in part, any application charge set out in the Schedule of charges if APRA is satisfied that special circumstances apply which would make it unjust or oppressive to impose a part of the charge, or the full amount of the charge. An example of a case where a waiver or refund may be justified is where an applicant applies for the wrong kind of authorisation by mistake, and withdraws the application before APRA has done any substantial amount of work considering the application;\n\n(c) No refund or waiver will be made if the application is unsuccessful or if APRA, in the course of processing the application, informs the applicant that the application will be unsuccessful (see Note 2 below) or if the application is withdrawn or not proceeded with by the applicant; and\n\n(d) An applicant seeking a refund or waiver of an application fee must apply in writing to APRA setting out details of the special circumstances that apply.\n\nNote 1: Division 81 of A New Tax System (Goods and Services Tax) Act 1999.\n\nNote 2: For the avoidance of doubt, it should be noted that the charge is payable in respect of every new application, even one that is made after the refusal or withdrawal of an earlier application for which the applicant also paid a fee.\n\n---\n\n[\\[1\\]](#_ftnref1) Section 10 of the Financial Sector (Transfer and Restructure) Act 1999 provides 2 regulated bodies of the same kind may apply in writing to APRA for approval of a transfer of business from one of the bodies to the other body. Section 33 of the Private Health Insurance (Prudential Supervision) Act 2015 provides both the transferee insurer and the transferor insurer apply jointly to APRA, in the approved form, for approval of the arrangement.","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 instrument performs exactly the function intended by section 51 of the APRA Act — fixing charges for specific regulatory applications. It replaces a previous instrument (No. 5 of 2018) with updated fee amounts but does not expand beyond the original statutory purpose of setting application fees."},"complexity_factors":["Short, single-purpose instrument (5 pages including signature block and notes)","Only 5 defined terms in the interpretation section (ADI, APRA, friendly society, GI, LI, private health insurer)","Simple tabular structure for the schedule of charges with 4 clear columns","Minimal conditional logic — only paragraphs (b)-(d) regarding waivers/refunds create any complexity","No cross-references to other legislation beyond naming the enabling Acts and noting GST exemption provisions","Straightforward administrative instrument with no substantive regulatory requirements beyond fee-setting"],"plain_english_summary":"This instrument sets the application fees APRA charges for licences and approvals, effectively a price list for entering or changing presence in Australia’s financial sector. It applies to friendly societies, insurers, banks (including restricted-to-full licence pathways), private health insurers and transfers of business, with examples including $3,000, $80,000 and $110,000 fees. Fees are GST-exempt, payable on lodgement, and only rarely waived or refunded. It matters because it raises the upfront cost of market entry and funds APRA’s assessment work."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument continues APRA's practice of specifying application charges and refund/waiver rules and revokes the prior charges instrument. It does not expand APRA's statutory powers or add new categories of regulated activity; it updates the schedule of fees and clarifies payment, GST and waiver/refund mechanics (see Schedule and paragraphs (a)–(d))."},"complexity_factors":["Narrow, rule-based instrument: fixes a closed list of application fees (Schedule) rather than creating new regulatory powers.","Multiple cross-references to other statutes and defined terms (Banking Act 1959, Life Insurance Act 1995, Insurance Act 1973, Private Health Insurance Act 2007) which requires users to check underlying definitions to know applicability.","Discretion over waivers/refunds held by APRA with conditions (paragraphs (b)–(d)); applicants must apply in writing for relief (paragraph (d)), creating administrative processes and case-by-case decision risk.","Timing and payment rule — fees payable on lodgement (Schedule) — raises upfront cost and cashflow considerations for applicants.","GST treatment is explicit (Note 1: GST-exempt), affecting net cost calculations for applicants.","No refund where application is unsuccessful or where APRA indicates it will be unsuccessful (paragraph (c) and Note 2), which creates risk of duplicated fees for re‑applications.","Instrument revokes an earlier fixing instrument (No. 5 of 2018), so stakeholders must compare amounts and categories with previous settings to assess material change."],"plain_english_summary":"This instrument fixes the fees APRA charges for a set of authorisation and approval applications (friendly society rule approvals, private health insurer authorisation, transfer-of-business approvals, and restricted/standard ADI authorisations). Applicants must pay the specified charge on lodgement. APRA may waive or refund fees in narrowly defined \"special circumstances,\" but will not refund if an application is refused, withdrawn after processing, or otherwise unsuccessful; the charges are GST-exempt."}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2019","history":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2019/history","analysis":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2019/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2019/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2019/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2019/documents"}}