{"id":"F2017L00731","name":"Australian Prudential Regulation Authority instrument fixing charges No. 3 of 2017","slug":"australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96565,"registerId":"commonwealth-F2017L00731-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. 3 of 2017","content":"![](image.001.png)\n\nAustralian Prudential Regulation Authority instrument fixing charges No. 3 of 2017\n\nModels-based capital adequacy requirements for ADIs for the financial year 2016\\-17\n\nAustralian Prudential Regulation Authority Act 1998\n\nI, Stephen Brian Matthews, a delegate of APRA, under paragraph 51(1)(a) and (b) of the Australian Prudential Regulation Authority Act 1998 FIX the charges specified in the attached Schedule of charges in respect of the specified services provided by APRA.\n\nThis instrument commences on the date of registration on the Federal Register of Legislation under the Legislation Act 2003.\n\nDated: 20 June 2017\n\n\\[Signed\\]\n\nStephen Brian Matthews\n\nExecutive General Manager (Corporate)\n\nInterpretation\n\nIn this instrument\n\nADI is short for authorised deposit-taking institution and has the meaning given in section 5 of the Banking Act 1959.\n\nAPRA means the Australian Prudential Regulation Authority.\n\n \nSchedule of charges\n\n```html\n

Column 1

Nature of services and applications for which the charge is imposed

Column 2

Amount of the charge

Column 3

Person required to pay the charge

Column 4

When the charge is to be paid

Assessment of applications and the ongoing supervision of ADIs under the models-based approach.

$309,100

(inclusive of GST)

This charge is ­non-refundable.

  • Australia and New Zealand Banking Group Limited
  • Commonwealth Bank of Australia
  • National Australia Bank Limited
  • Westpac Banking Corporation
  • Macquarie Bank Limited

14 days after receipt of APRA’s invoice for the charge.

The invoice may be issued at any time after the date of this instrument.

$130,900

(inclusive of GST)

This charge is non-refundable.

  • ING Bank (Australia) Limited
  • Bendigo and Adelaide Bank Limited
  • Suncorp-Metway Limited
\n```","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function suggested by its title: fixing specific charges for specific services for a specific financial year. There is no evidence of scope creep; it is a routine annual charging instrument operating within the standard parameters of APRA's cost-recovery framework under the APRA Act 1998."},"complexity_factors":["Very short document (approximately 1 page of substantive content)","Only 2 defined terms in the interpretation section ('ADI' and 'APRA')","Simple tabular structure with 4 columns covering service description, amount, payer, and payment timing","No cross-references to other legislation beyond the enabling Act (APRA Act 1998)","No conditional logic, exceptions, or nested provisions","Straightforward fee imposition with flat dollar amounts rather than formulas or calculations"],"plain_english_summary":"This June 2017 APRA fee instrument charges eight named banks for APRA’s assessment and supervision of their models-based capital arrangements for the 2016–17 year. The Big Four and Macquarie pay $309,100 each; ING, Bendigo & Adelaide, and Suncorp pay $130,900 each.\n\nFees include GST, are non‑refundable, payable 14 days after invoice, and fund APRA’s intensive oversight of banks that use internal risk models."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument stays within the original administrative purpose of the APRA Act power to fix charges: it simply sets specific fees for APRA services (assessment and ongoing supervision under the models‑based approach) for the 2016–17 year. It does not expand APRA's prudential powers, change substantive capital requirements, or broaden the regulatory reach—it only allocates supervisory costs to listed ADIs for that year."},"complexity_factors":["Very short instrument (single page plus Schedule)","Only two defined terms explicitly in the Interpretation (ADI; APRA)","Single statutory cross‑reference: paragraph 51(1)(a) and (b) of the APRA Act","Schedule contains two fixed fee levels and a small, named list of ADIs (no formulae or indexed amounts)","Simple payment condition: non‑refundable and payable 14 days after invoice","Limited discretion retained by APRA over timing of invoice issuance"],"plain_english_summary":"**What this instrument does**\n\n- This is an administrative instrument in which the Australian Prudential Regulation Authority (APRA) fixes specific dollar charges for particular services it will provide for the 2016–17 financial year.\n\n- The services described are: \"assessment of applications and the ongoing supervision of authorised deposit‑taking institutions (ADIs) under the models‑based approach.\" (See Schedule, Column 1.)\n\n- APRA made the instrument using its power under paragraph 51(1)(a) and (b) of the Australian Prudential Regulation Authority Act 1998 (see instrument text). The instrument takes effect on the date it is registered under the Legislation Act 2003 (see commencement line).\n\n**Who pays and how much**\n\n- The Schedule names specific ADIs and sets a fixed fee (inclusive of GST) for each named institution. The instrument lists two fee levels:\n - $309,100 (inclusive of GST) for: Australia and New Zealand Banking Group Limited; Commonwealth Bank of Australia; National Australia Bank Limited; Westpac Banking Corporation; and Macquarie Bank Limited. (Schedule, Column 2–3.)\n - $130,900 (inclusive of GST) for: ING Bank (Australia) Limited; Bendigo and Adelaide Bank Limited; and Suncorp‑Metway Limited. (Schedule, Column 2–3.)\n\n- The Schedule states the charge is non‑refundable and is payable 14 days after APRA issues an invoice. APRA may issue the invoice at any time after the instrument’s date. (Schedule, Column 2 and Column 4.)\n\n**Why this matters (mechanics and practical effects)**\n\n- This instrument does not change ADIs’ prudential obligations or the capital rules themselves; it establishes APRA’s administrative fee for completing an assessment and for ongoing supervision under the models‑based capital approach for the specified year. (See Schedule description.)\n\n- Who pays: the named ADIs listed in Column 3 of the Schedule. Who decides to charge: APRA (here acting by delegate under the APRA Act). When the money is due: 14 days after APRA issues an invoice. (Instrument text; Schedule, Column 4.)\n\n- The cost impact is concentrated on a small number of large banks identified by name. The instrument imposes a defined, one‑off/annual administrative charge (non‑refundable) rather than a variable levy tied to balance sheet size or behaviour.\n\n- The instrument creates a direct cash cost for the listed ADIs. The text does not prescribe how the ADIs must account for or allocate that cost internally or in their pricing to customers; any pass‑through to customers would be a commercial decision by each ADI, not mandated by this instrument.\n\n**Implementation, compliance and discretion**\n\n- Implementation is operational: APRA issues invoices and the named ADIs pay within 14 days. The instrument gives APRA discretion over invoice timing (\"may be issued at any time after the date of this instrument\"). (Schedule, Column 4.)\n\n- Compliance burden on the ADIs is limited to paying the specified amount on invoice and does not create new reporting or regulatory standards. The Schedule explicitly makes charges non‑refundable.\n\n**Costs, incentives and trade‑offs**\n\n- Funding effect: the charges provide APRA with fee revenue to cover the cost of assessments and supervision under the models‑based approach. The direct benefit (APRA’s resource to supervise) is concentrated; the cost is directly borne by named ADIs.\n\n- Incentive effects on ADIs are indirect: a fixed supervisory charge increases their regulatory compliance cost. The instrument does not tie fees to performance or behaviour, so it does not create explicit perverse incentives (for example, to change risk profiles to reduce future fees). It does allow APRA to recover supervisory costs from supervised entities.\n\n- Administrative risk and opportunity cost are small: the instrument is short, specific and invoice‑based. The principal operational discretion left to APRA is timing of invoicing. There is no new regulatory discretion to alter substantive prudential rules in this instrument.\n\n**Source references (where items appear in the instrument)**\n- Power to fix charges: paragraph 51(1)(a) and (b) of the APRA Act (instrument preamble).\n- Definitions: \"ADI\" and \"APRA\" appear in the Interpretation paragraph of the instrument.\n- Fee amounts, named ADIs, GST treatment, non‑refundability, and payment timing: Schedule (Columns 1–4) of the instrument.\n\n(Analyst note: the instrument is a targeted, administrative fee schedule for a specific supervisory function and year; it does not amend prudential rules or impose new prudential obligations.)"},"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-instrument-fixing-charges-no-3-of-2017","history":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2017/history","analysis":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2017/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2017/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2017/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2017/documents"}}