{"id":"F2019L00831","name":"Australian Prudential Regulation Authority instrument fixing charges No. 3 of 2019","slug":"australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99452,"registerId":"commonwealth-F2019L00831-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 2019","content":"![](image.001.png)\n\nAustralian Prudential Regulation Authority instrument fixing charges No. 3 of 2019\n\nApproval of ADIs’ applications with respect to the RBA’s Committed Liquidity Facility - Calendar Year 2018\n\nAustralian Prudential Regulation Authority Act 1998\n\nI, Stephen Brian Matthews, a delegate of APRA, under paragraphs 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, and applications made to, APRA.\n\nThis instrument commences on the date of registration on the Federal Register of Legislation under the Legislation Act 2003.\n\nDated: 11 June 2019\n\n\\[Signed\\]\n\nStephen Brian Matthews\n\nExecutive General Manager\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\nRBA means the Reserve Bank of Australia\n\n \nSchedule of charges\n\nReview of applications made to APRA under Attachment A, paragraph 17 of Prudential Standard APS 210 – Liquidity\n\n```html\n

Column 1

Nature of services and applications for which the charge is imposed

Column 2

Amount of the charge[1] [2] [3]

Column 3

Person required to pay the charge

Column 4

When the charge is to be paid

Review of applications made to APRA under Attachment A, paragraph 17 of Prudential Standard APS 210 – Liquidity made under subsection 11AF(1) of the Banking Act 1959 and assessment and determination of appropriate size of Committed Liquidity Facility (CLF) sought by ADIs and offered by the RBA.

$11,000

  • Payable by ADIs where the number of APRA days assessing the size of the CLF that may be recognised for LCR purposes is estimated to be “10 or less”

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

The invoice may be issued at any time after this instrument commences.

$16,500

  • Payable by ADIs where the number of APRA days assessing the size of the CLF that may be recognised for LCR purposes is estimated to be “between 11 and 15 (inclusive)”

$33,000

  • Payable by ADIs where the number of APRA days assessing the size of the CLF that may be recognised for LCR purposes is estimated to be “between 16 and 30 (inclusive)”

$88,000

  • Payable by ADIs where the number of APRA days assessing the size of the CLF that may be recognised for LCR purposes is estimated to be “between 31 and 80 (inclusive)”
\n```\n\n \n\nReview of applications made to APRA under Attachment A, paragraph 19 of Prudential Standard APS 210 – Liquidity\n\n```html\n

Column 1

Nature of services and applications for which the charge is imposed

Column 2

Amount of the charge[4] [5] [6]

Column 3

Person required to pay the charge

Column 4

When the charge is to be paid

Review of applications made to APRA under Attachment A, paragraph 19 of Prudential Standard APS 210 – Liquidity made under subsection 11AF(1) of the Banking Act 1959 and assessment and determination of appropriate size of Committed Liquidity Facility (CLF) sought by ADIs and offered by the RBA.

$11,000

  • Payable by ADIs where the number of APRA days assessing the size of the CLF that may be recognised for LCR purposes is estimated to be “10 or less”

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

The invoice may be issued at any time after this instrument commences.

$16,500

  • Payable by ADIs where the number of APRA days assessing the size of the CLF that may be recognised for LCR purposes is estimated to be “between 11 and 15 (inclusive)”

$33,000

  • Payable by ADIs where the number of APRA days assessing the size of the CLF that may be recognised for LCR purposes is estimated to be “between 16 and 30 (inclusive)”

$88,000

  • Payable by ADIs where the number of APRA days assessing the size of the CLF that may be recognised for LCR purposes is estimated to be “between 31 and 80 (inclusive)”
\n```\n\n---\n\n[\\[1\\]](#_ftnref1) Inclusive of GST.\n\n[\\[2\\]](#_ftnref2) Charge per entity.\n\n[\\[3\\]](#_ftnref3) Non-refundable and payable whether or not the ADI obtains approval.\n\n[\\[4\\]](#_ftnref4) Inclusive of GST.\n\n[\\[5\\]](#_ftnref5) Charge per entity.\n\n[\\[6\\]](#_ftnref6) Non-refundable and payable whether or not the ADI obtains approval.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument is confined to a narrow, administrative purpose: fixing fees for APRA’s review of CLF applications under specific paragraphs of Prudential Standard APS 210 for the 2018 period. It does not broaden APRA’s powers or add new regulatory obligations beyond charging for an existing service; it therefore does not change the scope of the legislation beyond its original, narrowly stated cost‑recovery purpose."},"complexity_factors":["Very short instrument (one page of operative text plus a schedule).","Only three defined terms in interpretation (ADI, APRA, RBA).","Two separate but substantively identical fee tables (for Attachment A paragraph 17 and paragraph 19 of APS 210).","Four discrete fee tiers based on ranges of an internal metric: APRA days (10 or less; 11–15; 16–30; 31–80).","Five footnote conditions to each table: GST inclusive, charge per entity, non‑refundable, payable regardless of approval, and payment timing. (Footnotes [1]–[6].)","Cross‑references to other instruments/acts: Prudential Standard APS 210 (Attachment A paras 17 and 19) and subsection 11AF(1) of the Banking Act 1959; authority under APRA Act paragraphs 51(1)(a) and (b).","Limited conditional logic (tier selection depends on APRA’s estimate) which creates administrative discretion but no formulaic calculation.","No appeal or review procedure for fee tiering included in the instrument."],"plain_english_summary":"**What this instrument does (mechanics)**\n\n- The instrument is a short APRA (Australian Prudential Regulation Authority) delegate decision that fixes specific fees for APRA’s review of certain applications from authorised deposit‑taking institutions (ADIs — banks, building societies, credit unions) about the Reserve Bank of Australia’s Committed Liquidity Facility (CLF). (Legal authority: paragraphs 51(1)(a) and (b) of the Australian Prudential Regulation Authority Act 1998.)\n\n- It sets four flat fee tiers that an ADI must pay for APRA’s assessment of CLF applications made under Attachment A, paragraph 17 and under Attachment A, paragraph 19 of Prudential Standard APS 210 – Liquidity (the two parts of APS 210 addressed are charged the same way). The fee payable depends on APRA’s estimate of how many APRA work days will be required to assess the CLF amount that may be recognised for Liquidity Coverage Ratio (LCR) purposes.\n\n - If APRA’s assessment is estimated to take 10 APRA days or fewer: $11,000.\n - If estimated at 11–15 APRA days: $16,500.\n - If estimated at 16–30 APRA days: $33,000.\n - If estimated at 31–80 APRA days: $88,000.\n\n- Practical payment rules: the charge is per entity, inclusive of GST, non‑refundable and payable whether or not the ADI obtains approval. APRA issues an invoice (it may do so any time after the instrument commences) and the ADI must pay within 14 days of receipt of that invoice. The instrument commences on registration under the Legislation Act 2003.\n\n**Who is directly affected**\n\n- ADIs (as defined in section 5 of the Banking Act 1959) that apply to APRA under Attachment A, paragraphs 17 or 19 of APS 210 for assessment/determination of the appropriate size of a CLF that the RBA offers for LCR recognition.\n\n**Why it matters (stated purpose and practical effect)**\n\n- Stated purpose: to fix the charges APRA will recover for undertaking the work of assessing CLF applications for the 2018 CLF period. In plain terms, APRA is applying set fees to recover part of the cost of reviewing and determining CLF amounts for ADIs (see Schedule and the instrument headnote).\n\n- Practical effect for ADIs: applying for CLF recognition now carries a predictable, tiered up‑front cost that is non‑refundable. The fee level depends on APRA’s estimate of the expected assessment workload (measured in APRA days).\n\n**Costs, incentives and trade‑offs (testing the stated purpose against consequences)**\n\n- Who pays and who decides: ADIs pay the fee; APRA decides which fee tier applies by estimating the number of APRA days required to assess the application (Schedule; Attachment references). That places discretion over fee classification with APRA.\n\n- Concentrated benefit, diffuse cost: APRA recovers assessment costs directly (concentrated benefit to APRA’s budgetary/administrative position). The cost is concentrated on each ADI that applies (non‑refundable per entity). Smaller ADIs will bear the same per‑entity fees as larger ADIs, so the relative impact is larger on smaller firms.\n\n- Behavioural incentives for ADIs: a non‑refundable, tiered charge can (a) make ADIs more selective about lodging applications or prompt them to simplify applications to reduce APRA days, and (b) discourage marginal applications where the expected regulatory benefit is small relative to the fee. ADIs may instead rely on alternative liquidity approaches if the cost of applying outweighs the benefit of CLF recognition.\n\n- Bureaucratic discretion and dispute risk: because APRA estimates the number of APRA days to set the tier, there is scope for disagreement about the appropriate tier. The instrument itself does not include an internal appeal or dispute mechanism for the fee estimate — any challenge would be routed through APRA’s usual administrative processes or external avenues under general administrative law.\n\n- Compliance and opportunity costs: ADIs must allocate resources to prepare applications and pay the fixed charge regardless of outcome. That is an explicit, short‑term cash cost; it also represents an opportunity cost (staff time and advisory fees) that may be larger for smaller institutions.\n\n- Implementation risk and timing: APRA may issue invoices anytime after commencement; payment is due within 14 days of invoice. Depending on invoice timing and ADIs’ budgeting cycles, this could create short payment lead times.\n\n- Market and competition effects: the fee structure raises the marginal cost of seeking CLF recognition. That may slightly increase operating costs for ADIs that rely on CLF recognition for LCR treatment; larger banks are more able to absorb these fixed fees, so the policy has a potential asymmetric effect by scale.\n\n**Concrete sources in the instrument**\n\n- Authority to fix the charges: paragraphs 51(1)(a) and (b) of the APRA Act (instrument head). \n- Services charged: review of applications under Attachment A, paragraph 17 and Attachment A, paragraph 19 of Prudential Standard APS 210 – Liquidity (Schedule). \n- Fee table, per‑entity, GST inclusive, non‑refundable and payable whether or not approval is obtained (see schedule and footnotes [1]–[6]). \n- Payment timing: 14 days after receipt of invoice; invoice may be issued anytime after commencement (Schedule).\n\n**Net summary**\n\nThis is a narrow, administrative instrument that fixes non‑refundable, per‑entity fees (four tiered amounts) for APRA’s assessment of ADI applications relating to the RBA’s CLF (APS 210 Attachments A.17 and A.19) for calendar year 2018. It shifts explicit assessment costs onto applicant ADIs, delegates fee‑tiering discretion to APRA (via an estimate of APRA assessment days), and introduces predictable up‑front charges that may influence ADIs’ decisions about whether and how to apply for CLF recognition."},"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 remains tightly scoped to its original purpose of setting fees for CLF application assessments. It does not expand beyond the specific service of reviewing liquidity facility applications under APS 210."},"complexity_factors":["Very short instrument (approximately 2 pages of substantive content)","Only 3 defined terms (ADI, APRA, RBA)","Simple tabular structure with 4 fee tiers based on estimated assessment days","No cross-references to other legislation beyond naming the enabling Act and prudential standard","Straightforward conditional logic (fee amount depends solely on estimated APRA days)","No exceptions, exemptions, or nested conditions"],"plain_english_summary":"This APRA fee instrument sets non‑refundable charges (including GST) for assessing applications by ADIs for the Reserve Bank’s Committed Liquidity Facility — a backup RBA credit line banks use to meet liquidity requirements. Fees range from $11,000 to $88,000 depending on assessment effort, are payable 14 days after invoice, and apply to applications for calendar year 2018."}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2019","history":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2019/history","analysis":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2019/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2019/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2019/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-instrument-fixing-charges-no-3-of-2019/documents"}}