{"id":"F2018L00770","name":"Australian Prudential Regulation Authority Instrument fixing charges No. 2 of 2018","slug":"australian-prudential-regulation-authority-instrument-fixing-charges-no-2-of-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97398,"registerId":"commonwealth-F2018L00770-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. 2 of 2018","content":"![](image.001.png)\n\nAustralian Prudential Regulation Authority Instrument fixing charges No. 2 of 2018\n\nFor applications for authorisation as a Non-Operating Holding Company.\n\nAustralian Prudential Regulation Authority Act 1998\n\nI, Stephen Matthews, a delegate of APRA\n\n(i) 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 Instrument Fixing Charges No. 3 of 2013 dated 8 March 2013.\n\n(ii) 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 Legislative Instruments under the Legislation Act 2003.\n\n    Dated: 8 June 2018\n\n\\[Signed\\]\n\nStephen Matthews\n\nExecutive General Manager (Corporate Services)\n\nInterpretation in this Instrument\n\nIn this Instrument\n\nADI is short for Authorised Deposit-taking institution and has the meaning given in sub\\-Section 5(1) of the Banking Act 1959.\n\nAPRA 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\ngeneral insurer has the meaning given in Section 3 of the Insurance Act 1973.\n\nlife company has the meaning given in the Dictionary in the Schedule of the Life Act.\n\nNOHC is short for Non-Operating Holding Company and has the meaning given in the Banking Act 1959, the Insurance Act 1973 or the Life Insurance Act 1995, as applicable.\n\n  \nSchedule of charges  \n\n| 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| Authorisation as a NOHC of and ADI that is a bank.                             | $110,000                     | Applicant                         | On lodgement of the application |\n| Authorisation as a NOHC of and ADI that is a building society or credit union. | $110,000                     | Applicant                         | On lodgement of the application |\n| Authorisation as a NOHC of a general insurer.                                  | $110,000                     | Applicant                         | On lodgement of the application |\n| Authorisation as a NOHC of a life company (including a friendly society).      | $110,000                     | Applicant                         | On lodgement of the application |\n\nIn relation to the Schedule of charges above:\n\n(a) Each of the charges are 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 charge must apply in writing to APRA setting out details of the special circumstances that apply.\n\nNote 1: As per 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.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Instrument revokes 'Instrument Fixing Charges No. 3 of 2013' (paragraph (i)) and replaces it by fixing a single $110,000 GST‑exempt charge for each new application for NOHC authorisation across the listed entity types (Schedule). It also sets out APRA's limited waiver/refund discretion and no‑refund rules (paragraphs (b)–(d))."},"complexity_factors":["Single, fixed fee level for all listed NOHC application types simplifies pricing (Schedule of charges).","Fee payable on lodgement creates an immediate cashflow/compliance burden for applicants (Schedule of charges: 'When the charge is to be paid').","APRA discretion to waive or refund introduces administrative decision‑making and uncertainty (paragraph (b)).","Explicit prohibition on refunds where applications are unsuccessful or withdrawn limits relief options for applicants (paragraph (c)).","Cross‑references to multiple external Acts for defined terms (ADI, NOHC, friendly society, life company) require users to consult other legislation (Interpretation in this Instrument).","GST exemption relies on external tax law (Note 1 referencing the A New Tax System (GST) Act 1999).","Revocation of the earlier instrument replaces prior charging rules, requiring stakeholders to compare versions (paragraph (i)).","Procedural requirement to apply in writing for waiver/refund creates a paperwork/compliance step (paragraph (d))."],"plain_english_summary":"Sets a flat, GST‑exempt $110,000 fee payable on lodgement for APRA applications seeking authorisation as a Non‑Operating Holding Company (NOHC) — covering banks, building societies, credit unions, general insurers, life companies and friendly societies. The Instrument revokes the 2013 charging instrument. APRA may waive or refund fees in limited “special circumstances” but will not refund where an application is unsuccessful, withdrawn, or APRA has informed the applicant it will be unsuccessful."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its predecessor (Instrument No. 3 of 2013). It solely concerns fixing application charges for NOHC authorisations. There is no expansion beyond the original purpose of establishing fees for this specific regulatory process."},"complexity_factors":["Very short document (approximately 1 page of substantive content)","Only 5 defined terms (ADI, APRA, friendly society, general insurer, life company, NOHC)","Simple tabular structure for fee schedule with 4 identical fee amounts","Straightforward conditional logic for refunds (only 3 conditions in paragraph (c))","No cross-references to other legislative provisions beyond basic interpretation references","Single purpose instrument with no subordinate provisions or delegated powers beyond the fee waiver discretion"],"plain_english_summary":"This instrument sets a $110,000 (GST-exempt) application fee for entities seeking authorisation as a Non-Operating Holding Company (NOHC), affecting banks, building societies, credit unions, general and life insurers (including friendly societies). APRA may waive or refund fees in “special circumstances,” but not for rejected, withdrawn, or incomplete applications; refund requests must be made in writing. It replaces the prior 2013 fee schedule and raises the cost of corporate restructuring under APRA’s review."}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-2-of-2018","history":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-2-of-2018/history","analysis":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-2-of-2018/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-2-of-2018/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-2-of-2018/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-2-of-2018/documents"}}