{"id":"F2018L01680","name":"Australian Prudential Regulation Authority Regulations 2018","slug":"australian-prudential-regulation-authority-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98325,"registerId":"commonwealth-F2018L01680-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Australian Prudential Regulation Authority Regulations 2018.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Australian Prudential Regulation Authority Act 1998.","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Australian Prudential Regulation Authority Act 1998.","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Cooperation with other agencies","content":"#### 6 Cooperation with other agencies\n\n  For the purposes of subsection 10A(1) of the Act, the following agencies are specified:\n    (a) the Australian Bureau of Statistics;\n    (b) the Australian Crime Commission;\n    (c) the Australian Federal Police;\n    (d) the Australian Securities and Investments Commission;\n    (e) the Australian Transaction Reports and Analysis Centre (AUSTRAC);\n    (f) the Commissioner of Taxation;\n    (g) the Department administered by the Minister administering the Private Health Insurance Act 2007;\n    (h) the Department of Treasury;\n    (i) the Financial Reporting Council mentioned in section 225 of the Australian Securities and Investments Commission Act 2001;\n    (j) the Police Force of a State or Territory;\n    (k) the Reserve Bank of Australia.","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Liability to fringe benefits taxation","content":"#### 7 Liability to fringe benefits taxation\n\n  For the purposes of subsection 55(2) of the Act, subsection 55(1) of the Act does not apply in relation to the Fringe Benefits Tax Assessment Act 1986.","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Prescription of prudential regulation framework laws","content":"#### 8 Prescription of prudential regulation framework laws\n\n  For the purposes of paragraph (o) of the definition of prudential regulation framework law in subsection 3(1) of the Act, the Royal Commissions Act 1902 is prescribed for the purposes of section 56 of the Act.","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Secrecy—disclosure of protected information or production of protected document to specified agencies","content":"#### 9 Secrecy—disclosure of protected information or production of protected document to specified agencies\n\n  For the purposes of paragraph 56(5)(a) of the Act, the following agencies are specified:\n    (a) the Australian Bureau of Statistics;\n    (b) the Australian Competition and Consumer Commission;\n    (c) the Australian Crime Commission;\n    (d) the Australian Federal Police;\n    (e) the Australian Financial Complaints Authority;\n    (f) the Australian Securities and Investments Commission;\n    (g) the Australian Transaction Reports and Analysis Centre (AUSTRAC);\n    (h) the Bank for International Settlements;\n    (i) the Basel Committee on Banking Supervision;\n    (j) the Commissioner of Taxation;\n    (k) the Department administered by the Minister administering the Agricultural and Veterinary Chemicals Act 1994;\n    (l) the Department administered by the Minister administering the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006;\n    (m) the Department administered by the Minister administering the Private Health Insurance Act 2007;\n    (n) the Department of the Treasury;\n    (o) the Financial Reporting Council mentioned in section 225 of the Australian Securities and Investments Commission Act 2001;\n    (p) the Financial Stability Board;\n    (q) the International Monetary Fund;\n    (r) the Police Force of a State or Territory;\n    (s) the Private Health Insurance Ombudsman;\n    (t) the Reserve Bank of Australia;\n    (v) the Treasury of New Zealand;\n    (w) the World Bank Group.","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand APRA's statutory powers; it specifies which agencies APRA may cooperate with (regulation 6), which agencies may receive protected information (regulation 9), prescribes the Royal Commissions Act 1902 as a prudential framework law (regulation 8), and clarifies a tax treatment exclusion (regulation 7). It implements and clarifies existing statutory mechanisms rather than altering core scope."},"complexity_factors":["Cross-references to the Australian Prudential Regulation Authority Act 1998 (e.g. subsections 10A(1), 55(2), 56(5)(a), and the definition in subsection 3(1)) increase legal-navigation tasks.","Multiple enumerated lists of agencies for cooperation and disclosure (regulations 6 and 9) create administrative maintenance and verification burdens.","Interplay with external statutes—Fringe Benefits Tax Assessment Act 1986 (regulation 7) and Royal Commissions Act 1902 (regulation 8)—requires coordinated legal interpretation across regimes.","Primary effect is specification/clarification rather than novel regulatory duties, lowering doctrinal complexity.","Operational compliance considerations for APRA and recipient agencies (information handling, secrecy exemptions) introduce modest implementation complexity."],"plain_english_summary":"This instrument sets out who the Australian Prudential Regulation Authority (APRA) may cooperate or share protected information with, prescribes one Act as part of APRA’s prudential framework, and clarifies a fringe benefits tax exception. It affects APRA, the listed domestic and international agencies, and entities supervised by APRA because it changes the statutory bases and authorised recipients for information-sharing and cooperation."},"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":"The regulations remain tightly focused on their original purpose: supporting APRA's operational framework through administrative prescriptions (agency lists, tax clarifications, and secrecy provisions). No scope creep is evident."},"complexity_factors":["Very short instrument — only 9 sections","Minimal defined terms — only 1 definition ('Act')","Simple legislative structure — mostly lists of agencies without conditional logic or exceptions","No cross-references between sections beyond basic 'for the purposes of' citations","Straightforward administrative function — prescribing lists rather than creating substantive rights or obligations"],"plain_english_summary":"These regulations enable APRA to share confidential information and cooperate more easily with specific domestic regulators and certain international financial bodies, clarify that APRA remains liable for fringe benefits tax, and add the Royal Commissions Act 1902 to APRA’s secrecy exceptions. \n\nThey primarily affect APRA staff and counterpart agencies and, indirectly, bank, insurance and superannuation customers by strengthening regulatory collaboration and Australia’s participation in global financial oversight to help protect system stability."}},"importantCases":[],"_links":{"self":"/api/acts/australian-prudential-regulation-authority-regulations-2018","history":"/api/acts/australian-prudential-regulation-authority-regulations-2018/history","analysis":"/api/acts/australian-prudential-regulation-authority-regulations-2018/analysis","conflicts":"/api/acts/australian-prudential-regulation-authority-regulations-2018/conflicts","importantCases":"/api/acts/australian-prudential-regulation-authority-regulations-2018/important-cases","documents":"/api/acts/australian-prudential-regulation-authority-regulations-2018/documents"}}