{"id":"F2025L00741","name":"Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2025","slug":"australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106496,"registerId":"commonwealth-F2025L00741-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Australian Prudential Regulation Authori","sectionType":"part","heading":"Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2025","content":"# Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2025\n\nProvision of statistical information about financial sector entities to the Reserve Bank of Australia and the Australian Bureau of Statistics during the 2024-25 financial year","sortOrder":0},{"sectionNumber":"ABS means the Australian Bureau of Stati","sectionType":"part","heading":"ABS means the Australian Bureau of Statistics. Act means the Australian Prudential Regulation Authority Act 1998. API means Application Programming Interface.APRA means the Australian Prudential Regulation Authority.charge means a charge that reasonably relates to the costs and expenses incurred or to be incurred by APRA in relation to the matters to which the charge relates.EFS means Economic and Financial Statistics.financial sector entity has the meaning in section 5 of the Financial Sector (Collection of Data) Act 2001. RBA means the Reserve Bank of Australia.","content":"# ABS means the Australian Bureau of Statistics.  \nAct means the Australian Prudential Regulation Authority Act 1998.  \nAPI means Application Programming Interface.  \nAPRA means the Australian Prudential Regulation Authority.  \ncharge means a charge that reasonably relates to the costs and expenses incurred or to be incurred by APRA in relation to the matters to which the charge relates.  \nEFS means Economic and Financial Statistics.  \nfinancial sector entity has the meaning in section 5 of the Financial Sector (Collection of Data) Act 2001.  \nRBA means the Reserve Bank of Australia.","sortOrder":2},{"sectionNumber":"Schedule of charges","sectionType":"part","heading":"Schedule of charges","content":"# Schedule of charges\n\n| Column 1Services for which the charge is imposed                                                                                                      | Column 2Amount of the charge | Column 3Person required to pay the charge | Column 4When the charge is to be paid                   |\n| ----------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------- | ----------------------------------------- | ------------------------------------------------------- |\n| Provision to the ABS during the 2024-25 financial year of the statistical information specified in Attachment 1 concerning financial sector entities. | $243,492                     | ABS                                       | 28 days after receipt of APRA’s invoice for the charge. |\n| Provision to the RBA during the 2024-25 financial year of the statistical information specified in Attachment 2 concerning financial sector entities. | $420,486                     | RBA                                       | 28 days after receipt of APRA’s invoice for the charge. |\n| The development cost of the EFS collection system to be recovered for the 2024-25 financial year from the ABS.                                        | $14,291                      | ABS                                       | 28 days after receipt of APRA’s invoice for the charge. |\n| The development cost of the EFS collection system to be recovered for the 2024-25 financial year from the RBA.                                        | $18,189                      | RBA                                       | 28 days after receipt of APRA’s invoice for the charge. |\n| The maintenance and support costs of the data sharing APIs used by the RBA during the 2024-25 financial year.                                         | $97,426                      | RBA                                       | 28 days after receipt of APRA’s invoice for the charge. |\n\nIn relation to the Schedule of charges above:  \n\n(a) Each of the charges is not subject to GST under the A New Tax System (Goods and Services Tax) Act 1999.  \n(b) APRA may waive or refund, in whole or part, any amount of charge specified in the Schedule of charges if APRA is satisfied that it is appropriate in the circumstances. A waiver is only effective if it is given by APRA in writing.\n\nAttachment 1 – Statistical information provided to the ABS during the 2024–25 financial year  \n\n| FORM_CDE   | FORM_NAME                                                                       |\n| ---------- | ------------------------------------------------------------------------------- |\n| ARF 720.0A | ABS/RBA Statement of Financial Position (Standard)                              |\n| ARF 720.0B | ABS/RBA Statement of Financial Position (Reduced)                               |\n| ARF 720.1A | ABS/RBA Loans and Finance Leases​ (Standard)                                    |\n| ARF 720.1B | ABS/RBA Loans and Finance Leases​ (Reduced)                                     |\n| ARF 720.2A | ABS/RBA Deposits ​(Standard)                                                    |\n| ARF 720.2B | ABS/RBA Deposits (Reduced)                                                      |\n| ARF 720.3  | ABS/RBA Intra-group Assets and Liabilities ​                                    |\n| ARF 720.4  | ABS/RBA Debt Securities Held ​                                                  |\n| ARF 720.5  | ABS/RBA Equity Securities Held                                                  |\n| ARF 720.6  | ABS/RBA Securities on Issue                                                     |\n| ARF 720.7  | ABS/RBA Bill Acceptances and Endorsements                                       |\n| ARF 721.0A | ABS/RBA Repurchase Agreements and Securities Lending (Option A)                 |\n| ARF 721.0B | ABS/RBA Repurchase Agreements and Securities Lending (Option B)                 |\n| ARF 722.0  | ABS/RBA Derivatives                                                             |\n| ARF 730.0  | ABS/RBA Statement of Financial Performance                                      |\n| ARF 730.1  | ABS/RBA Fees Charged                                                            |\n| ARF 741.0  | ABS/RBA Business Finance                                                        |\n| ARF 742.0A | ABS/RBA Business Credit Stocks, Flows and Interest Rates (Standard)             |\n| ARF 742.0B | ABS/RBA Business Credit Stocks, Flows and Interest Rates (Reduced)              |\n| ARF 743.0  | ABS/RBA Housing Finance                                                         |\n| ARF 744.0A | ABS/RBA Housing Credit Stocks, Flows and Interest Rates (Standard)              |\n| ARF 744.0B | ABS/RBA Housing Credit Stocks, Flows and Interest Rates (Reduced)               |\n| ARF 745.0  | ABS/RBA Personal Finance                                                        |\n| ARF 746.0A | ABS/RBA Personal Credit Stocks, Flows and Interest Rates (Standard)             |\n| ARF 746.0B | ABS/RBA Personal Credit Stocks, Flows and Interest Rates (Reduced)              |\n| ARF 747.0A | ABS/RBA Deposit Stocks, Flows and Interest Rates (Standard)                     |\n| ARF 747.0B | ABS/RBA Deposit Stocks, Flows and Interest Rates (Reduced)                      |\n| ARF 748.0A | ABS/RBA Wholesale Funding Stocks, Flows and Interest Rates (Standard)           |\n| ARF 748.0B | ABS/RBA Wholesale Funding Stocks, Flows and Interest Rates (Reduced)            |\n| SRF 720.0  | ABS Statement of Financial Position                                             |\n| SRF 721.0  | ABS Securities Subject to Repurchase and Resale and Stock Lending and Borrowing |\n| SRF722.0   | ABS Derivatives Schedule                                                        |\n|            |                                                                                 |\n\nAttachment 2 – Statistical information provided to the RBA during the 2024–25 financial year\n\n| FORM_CDE   | FORM_NAME                                                             |\n| ---------- | --------------------------------------------------------------------- |\n| ARF 720.0A | ABS/RBA Statement of Financial Position (Standard)                    |\n| ARF 720.0B | ABS/RBA Statement of Financial Position (Reduced)                     |\n| ARF 720.1A | ABS/RBA Loans and Finance Leases​ (Standard)                          |\n| ARF 720.1B | ABS/RBA Loans and Finance Leases​ (Reduced)                           |\n| ARF 720.2A | ABS/RBA Deposits ​(Standard) ​                                        |\n| ARF 720.2B | ABS/RBA Deposits (Reduced)                                            |\n| ARF 720.3  | ABS/RBA Intra-group Assets and Liabilities ​                          |\n| ARF 720.4  | ABS/RBA Debt Securities Held ​                                        |\n| ARF 720.6  | ABS/RBA Securities on Issue                                           |\n| ARF 720.7  | ABS/RBA Bill Acceptances and Endorsements                             |\n| ARF 721.0A | ABS/RBA Repurchase Agreements and Securities Lending (Option A)       |\n| ARF 721.0B | ABS/RBA Repurchase Agreements and Securities Lending (Option B)       |\n| ARF 722.0  | ABS/RBA Derivatives                                                   |\n| ARF 723.0  | ABS/RBA Margin Lending                                                |\n| ARF 730.1  | ABS/RBA Fees Charged                                                  |\n| ARF 741.0  | ABS/RBA Business Finance                                              |\n| ARF 742.0A | ABS/RBA Business Credit Stocks, Flows and Interest Rates (Standard)   |\n| ARF 742.0B | ABS/RBA Business Credit Stocks, Flows and Interest Rates (Reduced)    |\n| ARF 743.0  | ABS/RBA Housing Finance                                               |\n| ARF 744.0A | ABS/RBA Housing Credit Stocks, Flows and Interest Rates (Standard)    |\n| ARF 744.0B | ABS/RBA Housing Credit Stocks, Flows and Interest Rates (Reduced)     |\n| ARF 745.0  | ABS/RBA Personal Finance                                              |\n| ARF 746.0A | ABS/RBA Personal Credit Stocks, Flows and Interest Rates (Standard)   |\n| ARF 746.0B | ABS/RBA Personal Credit Stocks, Flows and Interest Rates (Reduced)    |\n| ARF 747.0A | ABS/RBA Deposit Stocks, Flows and Interest Rates (Standard)           |\n| ARF 747.0B | ABS/RBA Deposit Stocks, Flows and Interest Rates (Reduced)            |\n| ARF 748.0A | ABS/RBA Wholesale Funding Stocks, Flows and Interest Rates (Standard) |\n| ARF 748.0B | ABS/RBA Wholesale Funding Stocks, Flows and Interest Rates (Reduced)  |","sortOrder":3}],"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 services provided by APRA. It has not expanded beyond its original purpose of cost recovery for statistical data sharing."},"complexity_factors":["Short, single-purpose instrument (5 pages including attachments)","Only 7 defined terms in the interpretation section","Simple tabular structure with 4 clear columns (service, amount, payer, timing)","No cross-references to other legislation beyond naming the enabling Act and one definitional reference","No conditional logic or nested exceptions—just straightforward fee-setting","Two minor administrative provisions (GST exemption and waiver power) with no sub-conditions"],"plain_english_summary":"This instrument sets the GST-free fees APRA will charge the RBA and ABS for access to APRA’s 2024–25 financial-sector data (five specified charges totalling $793,884). Agencies must pay within 28 days of invoice; APRA can waive or refund in writing.\n\nIt affects the RBA and ABS directly and, indirectly, banks and other regulated firms whose data is shared. It’s a cost‑recovery measure to avoid duplicate reporting and prevent taxpayers subsidising inter‑agency data sharing."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not expand APRA’s statutory role; it implements a routine cost‑recovery function authorised by paragraph 51(1)(a) of the APRA Act. It simply fixes annual, year‑specific fees and lists the exact statistical returns to be supplied. The inclusion of line items for EFS development and API maintenance is a specificity in cost allocation for this year but remains within the original, intended scope of APRA’s ability to charge for services it provides."},"complexity_factors":["Short instrument: single delegate instrument fixing a limited set of charges","7 defined terms in the interpretation section (ABS, Act, API, APRA, charge, EFS, financial sector entity, RBA)","Schedule lists 5 distinct charge items (statistical provision, two development‑cost shares, API maintenance) with clear payees and payment timing","Attachments enumerate over 30 distinct data forms (ARF/SRF codes) specifying the datasets to be supplied","Cross‑references to paragraph 51(1)(a) of the APRA Act and to s5 of the Financial Sector (Collection of Data) Act 2001","Two simple conditional notes: GST exemption and APRA’s written waiver/refund discretion","No layered exceptions, no iterative formulas, no sliding scales or conditional thresholds"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- APRA fixes a set of specific charges (fees) it will invoice for services provided during the 2024–25 financial year. The services are APRA providing statistical information about regulated financial sector entities to the Australian Bureau of Statistics (ABS) and the Reserve Bank of Australia (RBA), plus recovery of a portion of development and ongoing maintenance costs for APRA’s Economic and Financial Statistics (EFS) collection system and associated APIs. (See the Schedule of charges and Attachments 1–2.)\n- The instrument takes effect on the date it is registered on the Federal Register of Legislation.\n\nWho pays and when\n\n- The ABS will be invoiced $243,492 for the statistical information plus $14,291 for a share of EFS development costs. Total invoiced amounts are due 28 days after APRA issues an invoice. (Schedule of charges.)\n- The RBA will be invoiced $420,486 for the statistical information, $18,189 for its share of EFS development costs, and $97,426 for maintenance and support of the data-sharing APIs. Those amounts are due 28 days after APRA issues an invoice. (Schedule of charges.)\n- APRA may waive or refund any of these charges, in whole or part, but only in writing. The listed charges are not subject to GST. (Schedule notes (a) and (b).)\n\nWhat is being supplied\n\n- The instrument lists the precise statistical returns/forms APRA will supply to each agency during 2024–25 (many ARF and SRF form codes are enumerated in Attachment 1 for ABS and Attachment 2 for RBA). Those attachments define the scope of the datasets being provided.\n\nWhy this matters (purpose claim and operational effect)\n\n- The instrument implements APRA’s power to fix charges under paragraph 51(1)(a) of the Australian Prudential Regulation Authority Act 1998 by allocating the cost of providing specified statistical data and certain IT development and maintenance to the two recipient agencies (ABS and RBA). This is a cost‑recovery measure: APRA is setting out who pays for these services and how much.\n\nCosts, incentives and trade-offs (practical effects and implementation points)\n\n- Who pays: the financial burden for these specific services falls directly on the ABS and the RBA (Schedule of charges). If those agencies choose not to absorb the cost in their budgets, they could reallocate funds or reduce spending elsewhere.\n- Who benefits: APRA recovers costs for producing and transmitting data and for parts of its EFS IT platform; the ABS and RBA receive the enumerated datasets. Financial sector entities themselves do not face new reporting obligations from this instrument — the instrument charges the recipients of the data, not the reporters. (Defined term: financial sector entity is cited from the Financial Sector (Collection of Data) Act 2001, s 5.)\n- Budget and pricing effects: fixed lump‑sum amounts are set for the year rather than per‑transaction or usage pricing. That concentrates the cost to the named payers and simplifies billing, but may misalign pricing if usage materially differs from the cost allocation assumptions APRA used.\n- Implementation risks and dependencies: the instrument recovers development and API maintenance costs, indicating APRA relies on the EFS collection system and APIs for data sharing. If those systems underperform, data provisioning or timelines could be affected; conversely, if costs run higher than anticipated APRA may need further instruments or negotiations to recover the shortfall.\n- Administrative discretion and consistency: APRA may waive or refund charges in writing. That discretion allows case‑by‑case adjustments (implementation flexibility) but also introduces potential variation in outcomes across years or counterparties unless APRA publishes consistent waiver criteria.\n- Compliance burden: the instrument does not impose new reporting duties on regulated firms directly. It is an internal cost‑recovery and inter‑agency billing measure.\n\nRelevant legal touchpoints and cross‑references\n\n- The instrument is made under paragraph 51(1)(a) of the Australian Prudential Regulation Authority Act 1998 (the statutory power to fix charges). It also refers to the definition of financial sector entity in the Financial Sector (Collection of Data) Act 2001, s 5 (for the meaning of the term used in attachments). The Schedule notes the GST position and APRA’s waiver power.\n\nConcise practical takeaway\n\n- This is a routine, year‑specific APRA cost‑recovery instrument that sets fixed fees for APRA to supply enumerated statistical returns and to recover specified EFS development and API maintenance costs from the ABS and the RBA for 2024–25. It specifies amounts, payers, payment timing (28 days after invoice), a GST exemption, and a written waiver power for APRA.\n\n(References: Schedule of charges; Attachments 1 and 2; Schedule notes (a) and (b); instrument heading and commencement clause.)"}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2025","history":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2025/history","analysis":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2025/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2025/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2025/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-1-of-2025/documents"}}