{"id":"F2008L00474","name":"Financial Sector (Collection of Data) (reporting standard) determination No. 42 of 2008 - ARS 326.0 - Offshore Banking Units","slug":"financial-sector-collection-of-data-reporting-standard-determination-no-42-of-2008-ars-326-0-offshor","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":119259,"registerId":"commonwealth-F2008L00474-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Reporting Standard ARS 326.0","sectionType":"part","heading":"Reporting Standard ARS 326.0","content":"## ![](image.001.png)\n\n## Reporting Standard ARS 326.0\n\n# Offshore Banking Units\n\n### Objective of this reporting standard\n\nThis reporting standard is made under section 13 of the Financial Sector (Collection of Data) Act 2001 and outlines the overall requirements for the provision of information to APRA relating to an authorised deposit-taking institution’s offshore banking units. It should be read in conjunction with Form ARF 326.0 Offshore Banking Units and the associated instructions (both of which are attached and form part of this reporting standard).\n\n# Purpose\n\n1.  Data collected in Form ARF 326.0 Offshore Banking Units (Form ARF 326.0) is used by APRA for the purpose of prudential supervision. It may also be used by the Reserve Bank of Australia and the Australian Bureau of Statistics.\n\n# Application\n\n2. This reporting standard applies to an authorised deposit-taking institution (ADI) as set out in the table below.\n\n| Class of ADI                              | Applicable |\n| ----------------------------------------- | ---------- |\n| Australian-owned Bank                     | Yes        |\n| Foreign Subsidiary Bank                   | Yes        |\n| Branch of a Foreign Bank                  | Yes        |\n| Building Society                          | No         |\n| Credit Union                              | No         |\n| Specialist Credit Card Institution (SCCI) | No         |\n| Other ADI                                 | Yes        |\n\n# Information required\n\n3. An ADI to which this reporting standard applies must provide APRA with the information required by the Form ARF 326.0 for each reporting period.\n\n# Form and method of submission\n\n4. The information required by this reporting standard must be given to APRA either in electronic form, using one of the electronic submission mechanisms provided by the ‘Direct to APRA’ (also known as ‘D2A’) application.\n\nNote: the Direct to APRA application software may be obtained from APRA.\n\n# Reporting periods and due dates\n\n5. Subject to paragraph 6, an ADI to which this reporting standard applies must provide the information required by this reporting standard for each calendar month.\n\n6. APRA may, by notice in writing, change the reporting periods, or specified reporting periods, for a particular ADI, to require it to provide the information required by this reporting standard more frequently, or less frequently, having regard to:\n\n(a) the particular circumstances of the ADI;\n\n(b) the extent to which the information is required for the purposes of the prudential supervision of the ADI; and\n\n(c) the requirements of the Reserve Bank of Australia or the Australian Bureau of Statistics.\n\n7. The information required by this reporting standard must be provided to APRA by 10 business days after the end of the reporting period to which it relates.\n\n8. APRA may grant an ADI an extension of a due date in writing, in which case the new due date for the provision of the information will be the date on the notice of extension.\n\n# Authorisation\n\n9. All information provided by an ADI under this reporting standard must be subject to processes and controls developed by the ADI for the internal review and authorisation of that information. It is the responsibility of the board and senior management of the ADI to ensure that an appropriate set of policies and procedures for the authorisation of data submitted to APRA is in place.\n\n10. If an ADI submits information under this reporting standard using the ‘Direct to APRA’ software, it will be necessary for an officer of the ADI to digitally sign, authorise and encrypt the relevant data. For this purpose, APRA’s certificate authority will issue ‘digital certificates’, for use with the software, to officers of the ADI who have authority from the ADI to transmit the data to APRA.\n\n# Minor alterations to forms and instructions\n\n11. APRA may make minor variations to:\n\n> (a) a form that is part of this reporting standard, and the instructions to such a form, to correct technical, programming or logical errors, inconsistencies or anomalies; or\n\n> (b) the instructions to a form, to clarify their application to the form\n\n> without changing any substantive requirement in the form or instructions.\n\n12. If APRA makes such a variation it must notify in writing each ADI that is required to report under this reporting standard.\n\n# Transitional\n\n13. An ADI must report under the old reporting standard in respect of a transitional reporting period. For these purposes:\n\nold reporting standard means the reporting standard revoked in the determination making this reporting standard (being the reporting standard which this reporting standard replaces).\n\ntransitional reporting period means a reporting period under the old reporting standard:\n\n(a) which ended before the date of revocation of the old reporting standard; and\n\n(b) in relation to which the ADI was required, under the old reporting standard, to report by a date on or after the date of revocation of the old reporting standard.\n\nNote: for the avoidance of doubt, if an ADI was required to report under an old reporting standard, and the reporting documents were due before the date of revocation of the old reporting standard, the ADI is still required to provide the overdue reporting documents in accordance with the old reporting standard.\n\n# Interpretation\n\n14. In this reporting standard:\n\nADI means an authorised deposit-taking institution within the meaning of the Banking Act 1959.\n\nAPRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998.\n\nAustralian-owned bank means a locally incorporated ADI that assumes or uses the word ‘bank’ in relation to its banking business and is not a foreign subsidiary bank.\n\nbranch of a foreign bank means a ‘foreign ADI’ as defined in section 5 of the Banking Act 1959, but does not include a SCCI that is a foreign ADI.\n\nbuilding society means a locally incorporated ADI that assumes or uses the expression ‘building society’ in relation to its banking business.\n\nbusiness days means ordinary business days, exclusive of Saturdays, Sundays and public holidays.\n\nclass of ADI means each of the following:\n\n(i) Australian-owned bank;\n\n(ii) foreign subsidiary bank;\n\n(iii) branch of a foreign bank;\n\n(iv) building society;\n\n(v) credit union;\n\n(vi) other ADI; and\n\n(vii) specialist credit card institution.\n\ncredit union means a locally incorporated ADI that assumes or uses the expression ‘credit union’ in relation to its banking business and includes Cairns Penny Savings & Loans Limited.\n\ndue date means the relevant due date under paragraph 7 or, if applicable, paragraph 8.\n\nforeign subsidiary bank means a locally incorporated ADI in which a bank that is not locally incorporated has a stake of more than 15 per cent.\n\nlocally incorporated means incorporated in Australia or in a State or Territory of Australia, by or under a Commonwealth, State or territory law.\n\nother ADI means an ADI that is not an Australian-owned bank, a branch of a foreign bank, a building society, a credit union, a foreign subsidiary bank or a specialist credit card institution but does not include Cairns Penny Savings & Loans Limited.\n\nreporting period means a period mentioned in paragraph 5 or, if applicable, paragraph 6.\n\nspecialist credit card institution means an ADI that is subject to a condition on its authority under section 9 of the Banking Act 1959 confining the banking business that the ADI is authorised to carry on to the activities of credit card acquiring and credit card issuing in any credit card scheme that was designated as a payment system under section 11 of the Payment Systems (Regulation) Act 1998 on 11 April 2001.\n\nstake means a stake determined under the Financial Sector (Shareholdings) Act 1998, as if the only associates that were taken into account under paragraph (b) of subclause 10(1) of the Schedule to that Act were those set out in paragraphs (h), (j) and (l) of subclause 4(1).","sortOrder":0},{"sectionNumber":"Offshore Banking Units","sectionType":"part","heading":"Offshore Banking Units","content":"# Offshore Banking Units\n\n### Objective of this reporting standard\n\nThis reporting standard is made under section 13 of the Financial Sector (Collection of Data) Act 2001 and outlines the overall requirements for the provision of information to APRA relating to an authorised deposit-taking institution’s offshore banking units. It should be read in conjunction with Form ARF 326.0 Offshore Banking Units and the associated instructions (both of which are attached and form part of this reporting standard).\n\n# Purpose\n\n1.  Data collected in Form ARF 326.0 Offshore Banking Units (Form ARF 326.0) is used by APRA for the purpose of prudential supervision. It may also be used by the Reserve Bank of Australia and the Australian Bureau of Statistics.\n\n# Application\n\n2. This reporting standard applies to an authorised deposit-taking institution (ADI) as set out in the table below.\n\n| Class of ADI                              | Applicable |\n| ----------------------------------------- | ---------- |\n| Australian-owned Bank                     | Yes        |\n| Foreign Subsidiary Bank                   | Yes        |\n| Branch of a Foreign Bank                  | Yes        |\n| Building Society                          | No         |\n| Credit Union                              | No         |\n| Specialist Credit Card Institution (SCCI) | No         |\n| Other ADI                                 | Yes        |\n\n# Information required\n\n3. An ADI to which this reporting standard applies must provide APRA with the information required by the Form ARF 326.0 for each reporting period.\n\n# Form and method of submission\n\n4. The information required by this reporting standard must be given to APRA either in electronic form, using one of the electronic submission mechanisms provided by the ‘Direct to APRA’ (also known as ‘D2A’) application.\n\nNote: the Direct to APRA application software may be obtained from APRA.\n\n# Reporting periods and due dates\n\n5. Subject to paragraph 6, an ADI to which this reporting standard applies must provide the information required by this reporting standard for each calendar month.\n\n6. APRA may, by notice in writing, change the reporting periods, or specified reporting periods, for a particular ADI, to require it to provide the information required by this reporting standard more frequently, or less frequently, having regard to:\n\n(a) the particular circumstances of the ADI;\n\n(b) the extent to which the information is required for the purposes of the prudential supervision of the ADI; and\n\n(c) the requirements of the Reserve Bank of Australia or the Australian Bureau of Statistics.\n\n7. The information required by this reporting standard must be provided to APRA by 10 business days after the end of the reporting period to which it relates.\n\n8. APRA may grant an ADI an extension of a due date in writing, in which case the new due date for the provision of the information will be the date on the notice of extension.\n\n# Authorisation\n\n9. All information provided by an ADI under this reporting standard must be subject to processes and controls developed by the ADI for the internal review and authorisation of that information. It is the responsibility of the board and senior management of the ADI to ensure that an appropriate set of policies and procedures for the authorisation of data submitted to APRA is in place.\n\n10. If an ADI submits information under this reporting standard using the ‘Direct to APRA’ software, it will be necessary for an officer of the ADI to digitally sign, authorise and encrypt the relevant data. For this purpose, APRA’s certificate authority will issue ‘digital certificates’, for use with the software, to officers of the ADI who have authority from the ADI to transmit the data to APRA.\n\n# Minor alterations to forms and instructions\n\n11. APRA may make minor variations to:\n\n> (a) a form that is part of this reporting standard, and the instructions to such a form, to correct technical, programming or logical errors, inconsistencies or anomalies; or\n\n> (b) the instructions to a form, to clarify their application to the form\n\n> without changing any substantive requirement in the form or instructions.\n\n12. If APRA makes such a variation it must notify in writing each ADI that is required to report under this reporting standard.\n\n# Transitional\n\n13. An ADI must report under the old reporting standard in respect of a transitional reporting period. For these purposes:\n\nold reporting standard means the reporting standard revoked in the determination making this reporting standard (being the reporting standard which this reporting standard replaces).\n\ntransitional reporting period means a reporting period under the old reporting standard:\n\n(a) which ended before the date of revocation of the old reporting standard; and\n\n(b) in relation to which the ADI was required, under the old reporting standard, to report by a date on or after the date of revocation of the old reporting standard.\n\nNote: for the avoidance of doubt, if an ADI was required to report under an old reporting standard, and the reporting documents were due before the date of revocation of the old reporting standard, the ADI is still required to provide the overdue reporting documents in accordance with the old reporting standard.\n\n# Interpretation\n\n14. In this reporting standard:\n\nADI means an authorised deposit-taking institution within the meaning of the Banking Act 1959.\n\nAPRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998.\n\nAustralian-owned bank means a locally incorporated ADI that assumes or uses the word ‘bank’ in relation to its banking business and is not a foreign subsidiary bank.\n\nbranch of a foreign bank means a ‘foreign ADI’ as defined in section 5 of the Banking Act 1959, but does not include a SCCI that is a foreign ADI.\n\nbuilding society means a locally incorporated ADI that assumes or uses the expression ‘building society’ in relation to its banking business.\n\nbusiness days means ordinary business days, exclusive of Saturdays, Sundays and public holidays.\n\nclass of ADI means each of the following:\n\n(i) Australian-owned bank;\n\n(ii) foreign subsidiary bank;\n\n(iii) branch of a foreign bank;\n\n(iv) building society;\n\n(v) credit union;\n\n(vi) other ADI; and\n\n(vii) specialist credit card institution.\n\ncredit union means a locally incorporated ADI that assumes or uses the expression ‘credit union’ in relation to its banking business and includes Cairns Penny Savings & Loans Limited.\n\ndue date means the relevant due date under paragraph 7 or, if applicable, paragraph 8.\n\nforeign subsidiary bank means a locally incorporated ADI in which a bank that is not locally incorporated has a stake of more than 15 per cent.\n\nlocally incorporated means incorporated in Australia or in a State or Territory of Australia, by or under a Commonwealth, State or territory law.\n\nother ADI means an ADI that is not an Australian-owned bank, a branch of a foreign bank, a building society, a credit union, a foreign subsidiary bank or a specialist credit card institution but does not include Cairns Penny Savings & Loans Limited.\n\nreporting period means a period mentioned in paragraph 5 or, if applicable, paragraph 6.\n\nspecialist credit card institution means an ADI that is subject to a condition on its authority under section 9 of the Banking Act 1959 confining the banking business that the ADI is authorised to carry on to the activities of credit card acquiring and credit card issuing in any credit card scheme that was designated as a payment system under section 11 of the Payment Systems (Regulation) Act 1998 on 11 April 2001.\n\nstake means a stake determined under the Financial Sector (Shareholdings) Act 1998, as if the only associates that were taken into account under paragraph (b) of subclause 10(1) of the Schedule to that Act were those set out in paragraphs (h), (j) and (l) of subclause 4(1).","sortOrder":1},{"sectionNumber":"Objective of this reporting standard","sectionType":"division","heading":"Objective of this reporting standard","content":"### Objective of this reporting standard\n\nThis reporting standard is made under section 13 of the Financial Sector (Collection of Data) Act 2001 and outlines the overall requirements for the provision of information to APRA relating to an authorised deposit-taking institution’s offshore banking units. It should be read in conjunction with Form ARF 326.0 Offshore Banking Units and the associated instructions (both of which are attached and form part of this reporting standard).","sortOrder":2},{"sectionNumber":"Purpose","sectionType":"part","heading":"Purpose","content":"# Purpose\n\n1.  Data collected in Form ARF 326.0 Offshore Banking Units (Form ARF 326.0) is used by APRA for the purpose of prudential supervision. It may also be used by the Reserve Bank of Australia and the Australian Bureau of Statistics.","sortOrder":3},{"sectionNumber":"Application","sectionType":"part","heading":"Application","content":"# Application\n\n2. This reporting standard applies to an authorised deposit-taking institution (ADI) as set out in the table below.\n\n| Class of ADI                              | Applicable |\n| ----------------------------------------- | ---------- |\n| Australian-owned Bank                     | Yes        |\n| Foreign Subsidiary Bank                   | Yes        |\n| Branch of a Foreign Bank                  | Yes        |\n| Building Society                          | No         |\n| Credit Union                              | No         |\n| Specialist Credit Card Institution (SCCI) | No         |\n| Other ADI                                 | Yes        |\n\n# Information required\n\n3. An ADI to which this reporting standard applies must provide APRA with the information required by the Form ARF 326.0 for each reporting period.\n\n# Form and method of submission\n\n4. The information required by this reporting standard must be given to APRA either in electronic form, using one of the electronic submission mechanisms provided by the ‘Direct to APRA’ (also known as ‘D2A’) application.\n\nNote: the Direct to APRA application software may be obtained from APRA.\n\n# Reporting periods and due dates\n\n5. Subject to paragraph 6, an ADI to which this reporting standard applies must provide the information required by this reporting standard for each calendar month.\n\n6. APRA may, by notice in writing, change the reporting periods, or specified reporting periods, for a particular ADI, to require it to provide the information required by this reporting standard more frequently, or less frequently, having regard to:\n\n(a) the particular circumstances of the ADI;\n\n(b) the extent to which the information is required for the purposes of the prudential supervision of the ADI; and\n\n(c) the requirements of the Reserve Bank of Australia or the Australian Bureau of Statistics.\n\n7. The information required by this reporting standard must be provided to APRA by 10 business days after the end of the reporting period to which it relates.\n\n8. APRA may grant an ADI an extension of a due date in writing, in which case the new due date for the provision of the information will be the date on the notice of extension.\n\n# Authorisation\n\n9. All information provided by an ADI under this reporting standard must be subject to processes and controls developed by the ADI for the internal review and authorisation of that information. It is the responsibility of the board and senior management of the ADI to ensure that an appropriate set of policies and procedures for the authorisation of data submitted to APRA is in place.\n\n10. If an ADI submits information under this reporting standard using the ‘Direct to APRA’ software, it will be necessary for an officer of the ADI to digitally sign, authorise and encrypt the relevant data. For this purpose, APRA’s certificate authority will issue ‘digital certificates’, for use with the software, to officers of the ADI who have authority from the ADI to transmit the data to APRA.\n\n# Minor alterations to forms and instructions\n\n11. APRA may make minor variations to:\n\n> (a) a form that is part of this reporting standard, and the instructions to such a form, to correct technical, programming or logical errors, inconsistencies or anomalies; or\n\n> (b) the instructions to a form, to clarify their application to the form\n\n> without changing any substantive requirement in the form or instructions.\n\n12. If APRA makes such a variation it must notify in writing each ADI that is required to report under this reporting standard.\n\n# Transitional\n\n13. An ADI must report under the old reporting standard in respect of a transitional reporting period. For these purposes:\n\nold reporting standard means the reporting standard revoked in the determination making this reporting standard (being the reporting standard which this reporting standard replaces).\n\ntransitional reporting period means a reporting period under the old reporting standard:\n\n(a) which ended before the date of revocation of the old reporting standard; and\n\n(b) in relation to which the ADI was required, under the old reporting standard, to report by a date on or after the date of revocation of the old reporting standard.\n\nNote: for the avoidance of doubt, if an ADI was required to report under an old reporting standard, and the reporting documents were due before the date of revocation of the old reporting standard, the ADI is still required to provide the overdue reporting documents in accordance with the old reporting standard.\n\n# Interpretation\n\n14. In this reporting standard:\n\nADI means an authorised deposit-taking institution within the meaning of the Banking Act 1959.\n\nAPRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998.\n\nAustralian-owned bank means a locally incorporated ADI that assumes or uses the word ‘bank’ in relation to its banking business and is not a foreign subsidiary bank.\n\nbranch of a foreign bank means a ‘foreign ADI’ as defined in section 5 of the Banking Act 1959, but does not include a SCCI that is a foreign ADI.\n\nbuilding society means a locally incorporated ADI that assumes or uses the expression ‘building society’ in relation to its banking business.\n\nbusiness days means ordinary business days, exclusive of Saturdays, Sundays and public holidays.\n\nclass of ADI means each of the following:\n\n(i) Australian-owned bank;\n\n(ii) foreign subsidiary bank;\n\n(iii) branch of a foreign bank;\n\n(iv) building society;\n\n(v) credit union;\n\n(vi) other ADI; and\n\n(vii) specialist credit card institution.\n\ncredit union means a locally incorporated ADI that assumes or uses the expression ‘credit union’ in relation to its banking business and includes Cairns Penny Savings & Loans Limited.\n\ndue date means the relevant due date under paragraph 7 or, if applicable, paragraph 8.\n\nforeign subsidiary bank means a locally incorporated ADI in which a bank that is not locally incorporated has a stake of more than 15 per cent.\n\nlocally incorporated means incorporated in Australia or in a State or Territory of Australia, by or under a Commonwealth, State or territory law.\n\nother ADI means an ADI that is not an Australian-owned bank, a branch of a foreign bank, a building society, a credit union, a foreign subsidiary bank or a specialist credit card institution but does not include Cairns Penny Savings & Loans Limited.\n\nreporting period means a period mentioned in paragraph 5 or, if applicable, paragraph 6.\n\nspecialist credit card institution means an ADI that is subject to a condition on its authority under section 9 of the Banking Act 1959 confining the banking business that the ADI is authorised to carry on to the activities of credit card acquiring and credit card issuing in any credit card scheme that was designated as a payment system under section 11 of the Payment Systems (Regulation) Act 1998 on 11 April 2001.\n\nstake means a stake determined under the Financial Sector (Shareholdings) Act 1998, as if the only associates that were taken into account under paragraph (b) of subclause 10(1) of the Schedule to that Act were those set out in paragraphs (h), (j) and (l) of subclause 4(1).","sortOrder":4},{"sectionNumber":"Class of ADI","sectionType":"part","heading":"Class of ADI","content":"# Class of ADI","sortOrder":5},{"sectionNumber":"Applicable","sectionType":"part","heading":"Applicable","content":"# Applicable","sortOrder":6},{"sectionNumber":"Australian-owned Bank","sectionType":"part","heading":"Australian-owned Bank","content":"# Australian-owned Bank","sortOrder":7},{"sectionNumber":"Yes","sectionType":"part","heading":"Yes","content":"# Yes","sortOrder":8},{"sectionNumber":"Foreign Subsidiary Bank","sectionType":"part","heading":"Foreign Subsidiary Bank","content":"# Foreign Subsidiary Bank","sortOrder":9},{"sectionNumber":"Branch of a Foreign Bank","sectionType":"part","heading":"Branch of a Foreign Bank","content":"# Branch of a Foreign Bank","sortOrder":11},{"sectionNumber":"Building Society","sectionType":"part","heading":"Building Society","content":"# Building Society","sortOrder":13},{"sectionNumber":"No","sectionType":"part","heading":"No","content":"# No","sortOrder":14},{"sectionNumber":"Credit Union","sectionType":"part","heading":"Credit Union","content":"# Credit Union","sortOrder":15},{"sectionNumber":"Specialist Credit Card Institution (SCCI","sectionType":"part","heading":"Specialist Credit Card Institution (SCCI)","content":"# Specialist Credit Card Institution (SCCI)","sortOrder":17},{"sectionNumber":"Other ADI","sectionType":"part","heading":"Other ADI","content":"# Other ADI","sortOrder":19},{"sectionNumber":"Information required","sectionType":"part","heading":"Information required","content":"# Information required\n\n3. An ADI to which this reporting standard applies must provide APRA with the information required by the Form ARF 326.0 for each reporting period.","sortOrder":21},{"sectionNumber":"Form and method of submission","sectionType":"part","heading":"Form and method of submission","content":"# Form and method of submission\n\n4. The information required by this reporting standard must be given to APRA either in electronic form, using one of the electronic submission mechanisms provided by the ‘Direct to APRA’ (also known as ‘D2A’) application.\n\nNote: the Direct to APRA application software may be obtained from APRA.","sortOrder":22},{"sectionNumber":"Reporting periods and due dates","sectionType":"part","heading":"Reporting periods and due dates","content":"# Reporting periods and due dates\n\n5. Subject to paragraph 6, an ADI to which this reporting standard applies must provide the information required by this reporting standard for each calendar month.\n\n6. APRA may, by notice in writing, change the reporting periods, or specified reporting periods, for a particular ADI, to require it to provide the information required by this reporting standard more frequently, or less frequently, having regard to:\n\n(a) the particular circumstances of the ADI;\n\n(b) the extent to which the information is required for the purposes of the prudential supervision of the ADI; and\n\n(c) the requirements of the Reserve Bank of Australia or the Australian Bureau of Statistics.\n\n7. The information required by this reporting standard must be provided to APRA by 10 business days after the end of the reporting period to which it relates.\n\n8. APRA may grant an ADI an extension of a due date in writing, in which case the new due date for the provision of the information will be the date on the notice of extension.","sortOrder":23},{"sectionNumber":"Authorisation","sectionType":"part","heading":"Authorisation","content":"# Authorisation\n\n9. All information provided by an ADI under this reporting standard must be subject to processes and controls developed by the ADI for the internal review and authorisation of that information. It is the responsibility of the board and senior management of the ADI to ensure that an appropriate set of policies and procedures for the authorisation of data submitted to APRA is in place.\n\n10. If an ADI submits information under this reporting standard using the ‘Direct to APRA’ software, it will be necessary for an officer of the ADI to digitally sign, authorise and encrypt the relevant data. For this purpose, APRA’s certificate authority will issue ‘digital certificates’, for use with the software, to officers of the ADI who have authority from the ADI to transmit the data to APRA.","sortOrder":24},{"sectionNumber":"Minor alterations to forms and instructi","sectionType":"part","heading":"Minor alterations to forms and instructions","content":"# Minor alterations to forms and instructions\n\n11. APRA may make minor variations to:\n\n> (a) a form that is part of this reporting standard, and the instructions to such a form, to correct technical, programming or logical errors, inconsistencies or anomalies; or\n\n> (b) the instructions to a form, to clarify their application to the form\n\n> without changing any substantive requirement in the form or instructions.\n\n12. If APRA makes such a variation it must notify in writing each ADI that is required to report under this reporting standard.","sortOrder":25},{"sectionNumber":"Transitional","sectionType":"part","heading":"Transitional","content":"# Transitional\n\n13. An ADI must report under the old reporting standard in respect of a transitional reporting period. For these purposes:\n\nold reporting standard means the reporting standard revoked in the determination making this reporting standard (being the reporting standard which this reporting standard replaces).\n\ntransitional reporting period means a reporting period under the old reporting standard:\n\n(a) which ended before the date of revocation of the old reporting standard; and\n\n(b) in relation to which the ADI was required, under the old reporting standard, to report by a date on or after the date of revocation of the old reporting standard.\n\nNote: for the avoidance of doubt, if an ADI was required to report under an old reporting standard, and the reporting documents were due before the date of revocation of the old reporting standard, the ADI is still required to provide the overdue reporting documents in accordance with the old reporting standard.","sortOrder":26},{"sectionNumber":"Interpretation","sectionType":"part","heading":"Interpretation","content":"# Interpretation\n\n14. In this reporting standard:\n\nADI means an authorised deposit-taking institution within the meaning of the Banking Act 1959.\n\nAPRA means the Australian Prudential Regulation Authority established under the Australian Prudential Regulation Authority Act 1998.\n\nAustralian-owned bank means a locally incorporated ADI that assumes or uses the word ‘bank’ in relation to its banking business and is not a foreign subsidiary bank.\n\nbranch of a foreign bank means a ‘foreign ADI’ as defined in section 5 of the Banking Act 1959, but does not include a SCCI that is a foreign ADI.\n\nbuilding society means a locally incorporated ADI that assumes or uses the expression ‘building society’ in relation to its banking business.\n\nbusiness days means ordinary business days, exclusive of Saturdays, Sundays and public holidays.\n\nclass of ADI means each of the following:\n\n(i) Australian-owned bank;\n\n(ii) foreign subsidiary bank;\n\n(iii) branch of a foreign bank;\n\n(iv) building society;\n\n(v) credit union;\n\n(vi) other ADI; and\n\n(vii) specialist credit card institution.\n\ncredit union means a locally incorporated ADI that assumes or uses the expression ‘credit union’ in relation to its banking business and includes Cairns Penny Savings & Loans Limited.\n\ndue date means the relevant due date under paragraph 7 or, if applicable, paragraph 8.\n\nforeign subsidiary bank means a locally incorporated ADI in which a bank that is not locally incorporated has a stake of more than 15 per cent.\n\nlocally incorporated means incorporated in Australia or in a State or Territory of Australia, by or under a Commonwealth, State or territory law.\n\nother ADI means an ADI that is not an Australian-owned bank, a branch of a foreign bank, a building society, a credit union, a foreign subsidiary bank or a specialist credit card institution but does not include Cairns Penny Savings & Loans Limited.\n\nreporting period means a period mentioned in paragraph 5 or, if applicable, paragraph 6.\n\nspecialist credit card institution means an ADI that is subject to a condition on its authority under section 9 of the Banking Act 1959 confining the banking business that the ADI is authorised to carry on to the activities of credit card acquiring and credit card issuing in any credit card scheme that was designated as a payment system under section 11 of the Payment Systems (Regulation) Act 1998 on 11 April 2001.\n\nstake means a stake determined under the Financial Sector (Shareholdings) Act 1998, as if the only associates that were taken into account under paragraph (b) of subclause 10(1) of the Schedule to that Act were those set out in paragraphs (h), (j) and (l) of subclause 4(1).","sortOrder":27},{"sectionNumber":"Instruction Guide","sectionType":"part","heading":"Instruction Guide","content":"## Instruction Guide\n\nThis form collects the assets and liabilities recorded on the books of the offshore banking unit declared under Sub-section 128 AE (2) of the Income Tax Assessment Act (1936) to be an offshore banking unit (OBU). Do not include assets and liabilities on the books of related corporations and overseas offices.\n\nIn compiling this form:\n\n-   include any transactions not posted as at the reporting date;\n-   translate all foreign currency amounts to Australian dollar equivalents using the mid of market spot rates applying as at the close of business; and\n-   report amounts in millions of Australian dollars, rounded to the first decimal place.\n\n\"Other OBU's\" refers to Australian financial institutions declared by the Federal Treasurer to be offshore banking units.\n\nA \"related corporation\" is defined as a company in which the authorised deposit-taking institution (ADI) has a 20 per cent or more beneficial interest; or a company which has a 20 per cent or more beneficial interest in your institution.\n\n\"Overseas offices\" includes your branches, agencies and other offices.\n\nA \"resident\" is a person ordinarily resident in Australia, or an enterprise or body operating in Australia. Australian subsidiaries and branches of foreign enterprises are regarded as residents, while foreign branches and subsidiaries of Australian enterprises are regarded as non-residents.\n\nGeneral directions and notes","sortOrder":28},{"sectionNumber":"Reporting entity","sectionType":"section","heading":"Reporting entity","content":"##### Reporting entity\n\nThe Offshore Banking Units form is to be completed by all Australian-owned banks, foreign subsidiary banks and branches of foreign banks on a Domestic books basis.\n\nThe Domestic books of the Australian-owned banks, foreign subsidiary banks and branches of foreign banks relates to the Australian books of the Australian ADI and has the following scope:\n\n-   is an unconsolidated report of the Australian licensed ADI's operations/transactions that are booked inside Australia;\n-   exclude offshore branches of the Australian licensed ADI from this reporting unit;\n-   exclude offshore banking units based overseas from this reporting unit;\n-   do not consolidate Australian and offshore controlled entities or associated entities that are not ADIs;\n-   include Australian based offshore banking units of the licensed ADI; and\n-   include transactions with non-residents recorded on Australian books.\n\nSecuritisation deconsolidation principle\n\nExcept as otherwise specified in these instructions, the following applies:\n\n1.  Where an ADI (or a member of its Level 2 consolidated group) participates in a securitisation that meets APRA’s operational requirements for regulatory capital relief under Prudential Standard APS 120 Securitisation (APS 120):\n\n(a) special purpose vehicles (SPVs) holding securitised assets may be treated as non-consolidated independent third parties for regulatory reporting purposes, irrespective of whether the SPVs (or their assets) are consolidated for accounting purposes;\n\n(b) the assets, liabilities, revenues and expenses of the relevant SPVs may be excluded from the ADI’s reported amounts in APRA’s regulatory reporting returns; and\n\n(c) the underlying exposures (i.e. the pool) under such a securitisation may be excluded from the calculation of the ADI’s regulatory capital (refer to APS 120). However, the ADI must still hold regulatory capital for the securitisation exposures[\\[1\\]](#_ftn1) that it retains or acquires and such exposures are to be reported in Form ARF 120.0 Standardised – Securitisation or Forms ARF 120.1A to ARF 120.1C IRB – Securitisation (as appropriate). The RWA relating to such securitisation exposures must also be reported in Form ARF 110.0 Capital Adequacy (ARF 110.0).\n\n2. Where an ADI (or a member of its Level 2 consolidated group) participates in a securitisation that does not meet APRA’s operational requirements for regulatory capital relief under APS 120, or the ADI elects to treat the securitised assets as on-balance sheet assets under Prudential Standard APS 112 Capital Adequacy: Standardised Approach to Credit Risk or Prudential Standard APS 113 Capital Adequacy: Internal Ratings-based Approach to Credit Risk, such exposures are to be reported as on-balance sheet assets in APRA’s regulatory reporting returns. In addition, these exposures must also be reported as a part of the ADI’s total securitised assets within Form ARF 120.2 Securitisation – Supplementary Items.\n\n  \nUnit of measurement\n\nAmounts denominated in foreign currency are to be converted to AUD in accordance with AASB 121 The Effects of Changes in Foreign Exchange Rates (AASB 121).\n\nThe general requirements of AASB 121 for translation are:\n\n1.  foreign currency monetary items outstanding at the reporting date must be translated at the spot rate at the reporting date;[\\[2\\]](#_ftn2)\n2.  foreign currency non-monetary items that are measured at historical cost in a foreign currency must be translated using the exchange rate at the date of the transaction;[\\[3\\]](#_ftn3)\n3.  foreign currency non-monetary items that are measured at fair value will be translated at the exchange rate at the date when fair value was determined.\n\nTransactions arising under foreign currency derivative contracts at the reporting date must be prepared in accordance with AASB 139 Financial Instruments: Recognition and Measurement (AASB 139). However, those foreign currency derivatives that are not within the scope of AASB 139 (e.g. some foreign currency derivatives that are embedded in other contracts) remain within the scope of AASB 121.\n\nFor APRA purposes equity items must be translated using the foreign currency exchange rate at the date of investment or acquisition. Post acquisition changes in equity are required to be translated on the date of the movement.\n\nAs foreign currency derivatives are measured at fair value, the currency derivative contracts are translated at the spot rate at the reporting date.\n\nExchange differences should be recognised in profit and loss in the period which they arise. For foreign currency derivatives, the exchange differences would be recognised immediately in profit and loss if the hedging instrument is a fair value hedge. For derivatives used in a cash flow hedge, the exchange differences should be recognised directly in equity.\n\nThe ineffective portion of the exchange differences in all hedges would be recognised in profit and loss; and\n\n4. translation of financial reports of foreign operations.\n\nA foreign operation is defined in AASB 121 as meaning an entity that is a subsidiary, associate, joint venture or branch of a reporting entity, the activities of which are based or conducted in a country or currency other than those of the reporting entity.\n\n-   Exchange differences relating to foreign currency monetary items that form part of the net investment of an entity in a foreign operation, must be recognised as a separate component of equity.\n-   Translation of financial reports should otherwise follow the requirements in AASB 121.\n\nReporting period\n\nThe form is to be completed as at the last day of the reporting month. Australian-owned banks, foreign subsidiary banks and branches of foreign banks should submit the completed form to APRA within 10 business days after the end of the relevant reporting month.","sortOrder":29},{"sectionNumber":"Specific instructions","sectionType":"part","heading":"Specific instructions","content":"Reporting Form ARF 326.0\n\nOffshore Banking Units\n\n## Instruction Guide\n\nThis form collects the assets and liabilities recorded on the books of the offshore banking unit declared under Sub-section 128 AE (2) of the Income Tax Assessment Act (1936) to be an offshore banking unit (OBU). Do not include assets and liabilities on the books of related corporations and overseas offices.\n\nIn compiling this form:\n\n-   include any transactions not posted as at the reporting date;\n-   translate all foreign currency amounts to Australian dollar equivalents using the mid of market spot rates applying as at the close of business; and\n-   report amounts in millions of Australian dollars, rounded to the first decimal place.\n\n\"Other OBU's\" refers to Australian financial institutions declared by the Federal Treasurer to be offshore banking units.\n\nA \"related corporation\" is defined as a company in which the authorised deposit-taking institution (ADI) has a 20 per cent or more beneficial interest; or a company which has a 20 per cent or more beneficial interest in your institution.\n\n\"Overseas offices\" includes your branches, agencies and other offices.\n\nA \"resident\" is a person ordinarily resident in Australia, or an enterprise or body operating in Australia. Australian subsidiaries and branches of foreign enterprises are regarded as residents, while foreign branches and subsidiaries of Australian enterprises are regarded as non-residents.\n\nGeneral directions and notes\n\n##### Reporting entity\n\nThe Offshore Banking Units form is to be completed by all Australian-owned banks, foreign subsidiary banks and branches of foreign banks on a Domestic books basis.\n\nThe Domestic books of the Australian-owned banks, foreign subsidiary banks and branches of foreign banks relates to the Australian books of the Australian ADI and has the following scope:\n\n-   is an unconsolidated report of the Australian licensed ADI's operations/transactions that are booked inside Australia;\n-   exclude offshore branches of the Australian licensed ADI from this reporting unit;\n-   exclude offshore banking units based overseas from this reporting unit;\n-   do not consolidate Australian and offshore controlled entities or associated entities that are not ADIs;\n-   include Australian based offshore banking units of the licensed ADI; and\n-   include transactions with non-residents recorded on Australian books.\n\nSecuritisation deconsolidation principle\n\nExcept as otherwise specified in these instructions, the following applies:\n\n1.  Where an ADI (or a member of its Level 2 consolidated group) participates in a securitisation that meets APRA’s operational requirements for regulatory capital relief under Prudential Standard APS 120 Securitisation (APS 120):\n\n(a) special purpose vehicles (SPVs) holding securitised assets may be treated as non-consolidated independent third parties for regulatory reporting purposes, irrespective of whether the SPVs (or their assets) are consolidated for accounting purposes;\n\n(b) the assets, liabilities, revenues and expenses of the relevant SPVs may be excluded from the ADI’s reported amounts in APRA’s regulatory reporting returns; and\n\n(c) the underlying exposures (i.e. the pool) under such a securitisation may be excluded from the calculation of the ADI’s regulatory capital (refer to APS 120). However, the ADI must still hold regulatory capital for the securitisation exposures[\\[1\\]](#_ftn1) that it retains or acquires and such exposures are to be reported in Form ARF 120.0 Standardised – Securitisation or Forms ARF 120.1A to ARF 120.1C IRB – Securitisation (as appropriate). The RWA relating to such securitisation exposures must also be reported in Form ARF 110.0 Capital Adequacy (ARF 110.0).\n\n2. Where an ADI (or a member of its Level 2 consolidated group) participates in a securitisation that does not meet APRA’s operational requirements for regulatory capital relief under APS 120, or the ADI elects to treat the securitised assets as on-balance sheet assets under Prudential Standard APS 112 Capital Adequacy: Standardised Approach to Credit Risk or Prudential Standard APS 113 Capital Adequacy: Internal Ratings-based Approach to Credit Risk, such exposures are to be reported as on-balance sheet assets in APRA’s regulatory reporting returns. In addition, these exposures must also be reported as a part of the ADI’s total securitised assets within Form ARF 120.2 Securitisation – Supplementary Items.\n\n  \nUnit of measurement\n\nAmounts denominated in foreign currency are to be converted to AUD in accordance with AASB 121 The Effects of Changes in Foreign Exchange Rates (AASB 121).\n\nThe general requirements of AASB 121 for translation are:\n\n1.  foreign currency monetary items outstanding at the reporting date must be translated at the spot rate at the reporting date;[\\[2\\]](#_ftn2)\n2.  foreign currency non-monetary items that are measured at historical cost in a foreign currency must be translated using the exchange rate at the date of the transaction;[\\[3\\]](#_ftn3)\n3.  foreign currency non-monetary items that are measured at fair value will be translated at the exchange rate at the date when fair value was determined.\n\nTransactions arising under foreign currency derivative contracts at the reporting date must be prepared in accordance with AASB 139 Financial Instruments: Recognition and Measurement (AASB 139). However, those foreign currency derivatives that are not within the scope of AASB 139 (e.g. some foreign currency derivatives that are embedded in other contracts) remain within the scope of AASB 121.\n\nFor APRA purposes equity items must be translated using the foreign currency exchange rate at the date of investment or acquisition. Post acquisition changes in equity are required to be translated on the date of the movement.\n\nAs foreign currency derivatives are measured at fair value, the currency derivative contracts are translated at the spot rate at the reporting date.\n\nExchange differences should be recognised in profit and loss in the period which they arise. For foreign currency derivatives, the exchange differences would be recognised immediately in profit and loss if the hedging instrument is a fair value hedge. For derivatives used in a cash flow hedge, the exchange differences should be recognised directly in equity.\n\nThe ineffective portion of the exchange differences in all hedges would be recognised in profit and loss; and\n\n4. translation of financial reports of foreign operations.\n\nA foreign operation is defined in AASB 121 as meaning an entity that is a subsidiary, associate, joint venture or branch of a reporting entity, the activities of which are based or conducted in a country or currency other than those of the reporting entity.\n\n-   Exchange differences relating to foreign currency monetary items that form part of the net investment of an entity in a foreign operation, must be recognised as a separate component of equity.\n-   Translation of financial reports should otherwise follow the requirements in AASB 121.\n\nReporting period\n\nThe form is to be completed as at the last day of the reporting month. Australian-owned banks, foreign subsidiary banks and branches of foreign banks should submit the completed form to APRA within 10 business days after the end of the relevant reporting month.\n\n# Specific instructions\n\n### Liabilities\n\n#### 1. Deposits from\n\nInclude current, term and certificates of deposit, placements and overdrawn nostro accounts.\n\nDeposits from offshore banking units (refer to General Instructions) should be included in Item 1 (a).\n\n“(c) Other\" should include deposits from Commonwealth and State governments, other government bodies and financial institutions, which are not offshore banking units.\n\nDeposits from related corporations and overseas offices should be included in Item 2.\n\n#### 2. Balances due to related corporations and overseas offices\n\nInclude all balances due to related corporations and overseas offices. Refer to General Instructions.\n\n#### 3. All other liabilities (excluding shareholders’ funds)\n\n\"All other liabilities\" includes items in transit, accounts payable, prepayments received, accrued interest, etc.\n\n#### 4. Total liabilities\n\nThis item is the sum of Items 1 to 3.\n\n#### Assets\n\n#### 6. Deposits and loans\n\nInclude in this item: overdrafts, placements, import and export finance and nostro accounts.\n\nDeposits with related corporations and overseas offices should be included in Item 7.\n\n#### 7. Balances due from related corporations and overseas offices\n\nInclude all balances due from related corporations and overseas offices. Refer to general instructions.\n\n#### 8. All other assets\n\n\"All other assets\" includes items in transit, accounts receivable, prepayments made, futures deposits and margins, accrued interest, etc.\n\nProvisions for doubtful debts relating to exposures on the books of your offshore banking unit should be deducted from this item.\n\n#### 9. Total assets\n\nThis item is the sum of Items 5 to 8.","sortOrder":30},{"sectionNumber":"Liabilities","sectionType":"division","heading":"Liabilities","content":"Reporting Form ARF 326.0\n\nOffshore Banking Units\n\n## Instruction Guide\n\nThis form collects the assets and liabilities recorded on the books of the offshore banking unit declared under Sub-section 128 AE (2) of the Income Tax Assessment Act (1936) to be an offshore banking unit (OBU). Do not include assets and liabilities on the books of related corporations and overseas offices.\n\nIn compiling this form:\n\n-   include any transactions not posted as at the reporting date;\n-   translate all foreign currency amounts to Australian dollar equivalents using the mid of market spot rates applying as at the close of business; and\n-   report amounts in millions of Australian dollars, rounded to the first decimal place.\n\n\"Other OBU's\" refers to Australian financial institutions declared by the Federal Treasurer to be offshore banking units.\n\nA \"related corporation\" is defined as a company in which the authorised deposit-taking institution (ADI) has a 20 per cent or more beneficial interest; or a company which has a 20 per cent or more beneficial interest in your institution.\n\n\"Overseas offices\" includes your branches, agencies and other offices.\n\nA \"resident\" is a person ordinarily resident in Australia, or an enterprise or body operating in Australia. Australian subsidiaries and branches of foreign enterprises are regarded as residents, while foreign branches and subsidiaries of Australian enterprises are regarded as non-residents.\n\nGeneral directions and notes\n\n##### Reporting entity\n\nThe Offshore Banking Units form is to be completed by all Australian-owned banks, foreign subsidiary banks and branches of foreign banks on a Domestic books basis.\n\nThe Domestic books of the Australian-owned banks, foreign subsidiary banks and branches of foreign banks relates to the Australian books of the Australian ADI and has the following scope:\n\n-   is an unconsolidated report of the Australian licensed ADI's operations/transactions that are booked inside Australia;\n-   exclude offshore branches of the Australian licensed ADI from this reporting unit;\n-   exclude offshore banking units based overseas from this reporting unit;\n-   do not consolidate Australian and offshore controlled entities or associated entities that are not ADIs;\n-   include Australian based offshore banking units of the licensed ADI; and\n-   include transactions with non-residents recorded on Australian books.\n\nSecuritisation deconsolidation principle\n\nExcept as otherwise specified in these instructions, the following applies:\n\n1.  Where an ADI (or a member of its Level 2 consolidated group) participates in a securitisation that meets APRA’s operational requirements for regulatory capital relief under Prudential Standard APS 120 Securitisation (APS 120):\n\n(a) special purpose vehicles (SPVs) holding securitised assets may be treated as non-consolidated independent third parties for regulatory reporting purposes, irrespective of whether the SPVs (or their assets) are consolidated for accounting purposes;\n\n(b) the assets, liabilities, revenues and expenses of the relevant SPVs may be excluded from the ADI’s reported amounts in APRA’s regulatory reporting returns; and\n\n(c) the underlying exposures (i.e. the pool) under such a securitisation may be excluded from the calculation of the ADI’s regulatory capital (refer to APS 120). However, the ADI must still hold regulatory capital for the securitisation exposures[\\[1\\]](#_ftn1) that it retains or acquires and such exposures are to be reported in Form ARF 120.0 Standardised – Securitisation or Forms ARF 120.1A to ARF 120.1C IRB – Securitisation (as appropriate). The RWA relating to such securitisation exposures must also be reported in Form ARF 110.0 Capital Adequacy (ARF 110.0).\n\n2. Where an ADI (or a member of its Level 2 consolidated group) participates in a securitisation that does not meet APRA’s operational requirements for regulatory capital relief under APS 120, or the ADI elects to treat the securitised assets as on-balance sheet assets under Prudential Standard APS 112 Capital Adequacy: Standardised Approach to Credit Risk or Prudential Standard APS 113 Capital Adequacy: Internal Ratings-based Approach to Credit Risk, such exposures are to be reported as on-balance sheet assets in APRA’s regulatory reporting returns. In addition, these exposures must also be reported as a part of the ADI’s total securitised assets within Form ARF 120.2 Securitisation – Supplementary Items.\n\n  \nUnit of measurement\n\nAmounts denominated in foreign currency are to be converted to AUD in accordance with AASB 121 The Effects of Changes in Foreign Exchange Rates (AASB 121).\n\nThe general requirements of AASB 121 for translation are:\n\n1.  foreign currency monetary items outstanding at the reporting date must be translated at the spot rate at the reporting date;[\\[2\\]](#_ftn2)\n2.  foreign currency non-monetary items that are measured at historical cost in a foreign currency must be translated using the exchange rate at the date of the transaction;[\\[3\\]](#_ftn3)\n3.  foreign currency non-monetary items that are measured at fair value will be translated at the exchange rate at the date when fair value was determined.\n\nTransactions arising under foreign currency derivative contracts at the reporting date must be prepared in accordance with AASB 139 Financial Instruments: Recognition and Measurement (AASB 139). However, those foreign currency derivatives that are not within the scope of AASB 139 (e.g. some foreign currency derivatives that are embedded in other contracts) remain within the scope of AASB 121.\n\nFor APRA purposes equity items must be translated using the foreign currency exchange rate at the date of investment or acquisition. Post acquisition changes in equity are required to be translated on the date of the movement.\n\nAs foreign currency derivatives are measured at fair value, the currency derivative contracts are translated at the spot rate at the reporting date.\n\nExchange differences should be recognised in profit and loss in the period which they arise. For foreign currency derivatives, the exchange differences would be recognised immediately in profit and loss if the hedging instrument is a fair value hedge. For derivatives used in a cash flow hedge, the exchange differences should be recognised directly in equity.\n\nThe ineffective portion of the exchange differences in all hedges would be recognised in profit and loss; and\n\n4. translation of financial reports of foreign operations.\n\nA foreign operation is defined in AASB 121 as meaning an entity that is a subsidiary, associate, joint venture or branch of a reporting entity, the activities of which are based or conducted in a country or currency other than those of the reporting entity.\n\n-   Exchange differences relating to foreign currency monetary items that form part of the net investment of an entity in a foreign operation, must be recognised as a separate component of equity.\n-   Translation of financial reports should otherwise follow the requirements in AASB 121.\n\nReporting period\n\nThe form is to be completed as at the last day of the reporting month. Australian-owned banks, foreign subsidiary banks and branches of foreign banks should submit the completed form to APRA within 10 business days after the end of the relevant reporting month.\n\n# Specific instructions\n\n### Liabilities\n\n#### 1. Deposits from\n\nInclude current, term and certificates of deposit, placements and overdrawn nostro accounts.\n\nDeposits from offshore banking units (refer to General Instructions) should be included in Item 1 (a).\n\n“(c) Other\" should include deposits from Commonwealth and State governments, other government bodies and financial institutions, which are not offshore banking units.\n\nDeposits from related corporations and overseas offices should be included in Item 2.\n\n#### 2. Balances due to related corporations and overseas offices\n\nInclude all balances due to related corporations and overseas offices. Refer to General Instructions.\n\n#### 3. All other liabilities (excluding shareholders’ funds)\n\n\"All other liabilities\" includes items in transit, accounts payable, prepayments received, accrued interest, etc.\n\n#### 4. Total liabilities\n\nThis item is the sum of Items 1 to 3.\n\n#### Assets\n\n#### 6. Deposits and loans\n\nInclude in this item: overdrafts, placements, import and export finance and nostro accounts.\n\nDeposits with related corporations and overseas offices should be included in Item 7.\n\n#### 7. Balances due from related corporations and overseas offices\n\nInclude all balances due from related corporations and overseas offices. Refer to general instructions.\n\n#### 8. All other assets\n\n\"All other assets\" includes items in transit, accounts receivable, prepayments made, futures deposits and margins, accrued interest, etc.\n\nProvisions for doubtful debts relating to exposures on the books of your offshore banking unit should be deducted from this item.\n\n#### 9. Total assets\n\nThis item is the sum of Items 5 to 8.","sortOrder":31},{"sectionNumber":"1. Deposits from","sectionType":"subdivision","heading":"1. Deposits from","content":"#### 1. Deposits from\n\nInclude current, term and certificates of deposit, placements and overdrawn nostro accounts.\n\nDeposits from offshore banking units (refer to General Instructions) should be included in Item 1 (a).\n\n“(c) Other\" should include deposits from Commonwealth and State governments, other government bodies and financial institutions, which are not offshore banking units.\n\nDeposits from related corporations and overseas offices should be included in Item 2.","sortOrder":32},{"sectionNumber":"2. Balances due to related corporations ","sectionType":"subdivision","heading":"2. Balances due to related corporations and overseas offices","content":"#### 2. Balances due to related corporations and overseas offices\n\nInclude all balances due to related corporations and overseas offices. Refer to General Instructions.","sortOrder":33},{"sectionNumber":"3. All other liabilities (excluding shar","sectionType":"subdivision","heading":"3. All other liabilities (excluding shareholders’ funds)","content":"#### 3. All other liabilities (excluding shareholders’ funds)\n\n\"All other liabilities\" includes items in transit, accounts payable, prepayments received, accrued interest, etc.","sortOrder":34},{"sectionNumber":"4. Total liabilities","sectionType":"subdivision","heading":"4. Total liabilities","content":"#### 4. Total liabilities\n\nThis item is the sum of Items 1 to 3.","sortOrder":35},{"sectionNumber":"Assets","sectionType":"subdivision","heading":"Assets","content":"Reporting Form ARF 326.0\n\nOffshore Banking Units\n\n## Instruction Guide\n\nThis form collects the assets and liabilities recorded on the books of the offshore banking unit declared under Sub-section 128 AE (2) of the Income Tax Assessment Act (1936) to be an offshore banking unit (OBU). Do not include assets and liabilities on the books of related corporations and overseas offices.\n\nIn compiling this form:\n\n-   include any transactions not posted as at the reporting date;\n-   translate all foreign currency amounts to Australian dollar equivalents using the mid of market spot rates applying as at the close of business; and\n-   report amounts in millions of Australian dollars, rounded to the first decimal place.\n\n\"Other OBU's\" refers to Australian financial institutions declared by the Federal Treasurer to be offshore banking units.\n\nA \"related corporation\" is defined as a company in which the authorised deposit-taking institution (ADI) has a 20 per cent or more beneficial interest; or a company which has a 20 per cent or more beneficial interest in your institution.\n\n\"Overseas offices\" includes your branches, agencies and other offices.\n\nA \"resident\" is a person ordinarily resident in Australia, or an enterprise or body operating in Australia. Australian subsidiaries and branches of foreign enterprises are regarded as residents, while foreign branches and subsidiaries of Australian enterprises are regarded as non-residents.\n\nGeneral directions and notes\n\n##### Reporting entity\n\nThe Offshore Banking Units form is to be completed by all Australian-owned banks, foreign subsidiary banks and branches of foreign banks on a Domestic books basis.\n\nThe Domestic books of the Australian-owned banks, foreign subsidiary banks and branches of foreign banks relates to the Australian books of the Australian ADI and has the following scope:\n\n-   is an unconsolidated report of the Australian licensed ADI's operations/transactions that are booked inside Australia;\n-   exclude offshore branches of the Australian licensed ADI from this reporting unit;\n-   exclude offshore banking units based overseas from this reporting unit;\n-   do not consolidate Australian and offshore controlled entities or associated entities that are not ADIs;\n-   include Australian based offshore banking units of the licensed ADI; and\n-   include transactions with non-residents recorded on Australian books.\n\nSecuritisation deconsolidation principle\n\nExcept as otherwise specified in these instructions, the following applies:\n\n1.  Where an ADI (or a member of its Level 2 consolidated group) participates in a securitisation that meets APRA’s operational requirements for regulatory capital relief under Prudential Standard APS 120 Securitisation (APS 120):\n\n(a) special purpose vehicles (SPVs) holding securitised assets may be treated as non-consolidated independent third parties for regulatory reporting purposes, irrespective of whether the SPVs (or their assets) are consolidated for accounting purposes;\n\n(b) the assets, liabilities, revenues and expenses of the relevant SPVs may be excluded from the ADI’s reported amounts in APRA’s regulatory reporting returns; and\n\n(c) the underlying exposures (i.e. the pool) under such a securitisation may be excluded from the calculation of the ADI’s regulatory capital (refer to APS 120). However, the ADI must still hold regulatory capital for the securitisation exposures[\\[1\\]](#_ftn1) that it retains or acquires and such exposures are to be reported in Form ARF 120.0 Standardised – Securitisation or Forms ARF 120.1A to ARF 120.1C IRB – Securitisation (as appropriate). The RWA relating to such securitisation exposures must also be reported in Form ARF 110.0 Capital Adequacy (ARF 110.0).\n\n2. Where an ADI (or a member of its Level 2 consolidated group) participates in a securitisation that does not meet APRA’s operational requirements for regulatory capital relief under APS 120, or the ADI elects to treat the securitised assets as on-balance sheet assets under Prudential Standard APS 112 Capital Adequacy: Standardised Approach to Credit Risk or Prudential Standard APS 113 Capital Adequacy: Internal Ratings-based Approach to Credit Risk, such exposures are to be reported as on-balance sheet assets in APRA’s regulatory reporting returns. In addition, these exposures must also be reported as a part of the ADI’s total securitised assets within Form ARF 120.2 Securitisation – Supplementary Items.\n\n  \nUnit of measurement\n\nAmounts denominated in foreign currency are to be converted to AUD in accordance with AASB 121 The Effects of Changes in Foreign Exchange Rates (AASB 121).\n\nThe general requirements of AASB 121 for translation are:\n\n1.  foreign currency monetary items outstanding at the reporting date must be translated at the spot rate at the reporting date;[\\[2\\]](#_ftn2)\n2.  foreign currency non-monetary items that are measured at historical cost in a foreign currency must be translated using the exchange rate at the date of the transaction;[\\[3\\]](#_ftn3)\n3.  foreign currency non-monetary items that are measured at fair value will be translated at the exchange rate at the date when fair value was determined.\n\nTransactions arising under foreign currency derivative contracts at the reporting date must be prepared in accordance with AASB 139 Financial Instruments: Recognition and Measurement (AASB 139). However, those foreign currency derivatives that are not within the scope of AASB 139 (e.g. some foreign currency derivatives that are embedded in other contracts) remain within the scope of AASB 121.\n\nFor APRA purposes equity items must be translated using the foreign currency exchange rate at the date of investment or acquisition. Post acquisition changes in equity are required to be translated on the date of the movement.\n\nAs foreign currency derivatives are measured at fair value, the currency derivative contracts are translated at the spot rate at the reporting date.\n\nExchange differences should be recognised in profit and loss in the period which they arise. For foreign currency derivatives, the exchange differences would be recognised immediately in profit and loss if the hedging instrument is a fair value hedge. For derivatives used in a cash flow hedge, the exchange differences should be recognised directly in equity.\n\nThe ineffective portion of the exchange differences in all hedges would be recognised in profit and loss; and\n\n4. translation of financial reports of foreign operations.\n\nA foreign operation is defined in AASB 121 as meaning an entity that is a subsidiary, associate, joint venture or branch of a reporting entity, the activities of which are based or conducted in a country or currency other than those of the reporting entity.\n\n-   Exchange differences relating to foreign currency monetary items that form part of the net investment of an entity in a foreign operation, must be recognised as a separate component of equity.\n-   Translation of financial reports should otherwise follow the requirements in AASB 121.\n\nReporting period\n\nThe form is to be completed as at the last day of the reporting month. Australian-owned banks, foreign subsidiary banks and branches of foreign banks should submit the completed form to APRA within 10 business days after the end of the relevant reporting month.\n\n# Specific instructions\n\n### Liabilities\n\n#### 1. Deposits from\n\nInclude current, term and certificates of deposit, placements and overdrawn nostro accounts.\n\nDeposits from offshore banking units (refer to General Instructions) should be included in Item 1 (a).\n\n“(c) Other\" should include deposits from Commonwealth and State governments, other government bodies and financial institutions, which are not offshore banking units.\n\nDeposits from related corporations and overseas offices should be included in Item 2.\n\n#### 2. Balances due to related corporations and overseas offices\n\nInclude all balances due to related corporations and overseas offices. Refer to General Instructions.\n\n#### 3. All other liabilities (excluding shareholders’ funds)\n\n\"All other liabilities\" includes items in transit, accounts payable, prepayments received, accrued interest, etc.\n\n#### 4. Total liabilities\n\nThis item is the sum of Items 1 to 3.\n\n#### Assets\n\n#### 6. Deposits and loans\n\nInclude in this item: overdrafts, placements, import and export finance and nostro accounts.\n\nDeposits with related corporations and overseas offices should be included in Item 7.\n\n#### 7. Balances due from related corporations and overseas offices\n\nInclude all balances due from related corporations and overseas offices. Refer to general instructions.\n\n#### 8. All other assets\n\n\"All other assets\" includes items in transit, accounts receivable, prepayments made, futures deposits and margins, accrued interest, etc.\n\nProvisions for doubtful debts relating to exposures on the books of your offshore banking unit should be deducted from this item.\n\n#### 9. Total assets\n\nThis item is the sum of Items 5 to 8.","sortOrder":36},{"sectionNumber":"6. Deposits and loans","sectionType":"subdivision","heading":"6. Deposits and loans","content":"#### 6. Deposits and loans\n\nInclude in this item: overdrafts, placements, import and export finance and nostro accounts.\n\nDeposits with related corporations and overseas offices should be included in Item 7.","sortOrder":37},{"sectionNumber":"7. Balances due from related corporation","sectionType":"subdivision","heading":"7. Balances due from related corporations and overseas offices","content":"#### 7. Balances due from related corporations and overseas offices\n\nInclude all balances due from related corporations and overseas offices. Refer to general instructions.","sortOrder":38},{"sectionNumber":"8. All other assets","sectionType":"subdivision","heading":"8. All other assets","content":"#### 8. All other assets\n\n\"All other assets\" includes items in transit, accounts receivable, prepayments made, futures deposits and margins, accrued interest, etc.\n\nProvisions for doubtful debts relating to exposures on the books of your offshore banking unit should be deducted from this item.","sortOrder":39},{"sectionNumber":"9. Total assets","sectionType":"subdivision","heading":"9. Total assets","content":"#### 9. Total assets\n\nThis item is the sum of Items 5 to 8.","sortOrder":40}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2248},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is the original 2008 determination (No. 42 of 2008). The scope remains focused on collecting prudential data regarding Offshore Banking Units from specified ADIs, consistent with its original intent under the Financial Sector (Collection of Data) Act 2001. While it replaces a previous reporting standard (as noted in the transitional provisions), the instrument itself has not expanded beyond its initial purpose of OBU reporting."},"complexity_factors":["15+ defined terms in the interpretation section including complex definitions like 'stake' which modifies associate rules from the Financial Sector (Shareholdings) Act 1998","Multiple external cross-references to Commonwealth Acts: Banking Act 1959, Income Tax Assessment Act 1936, Financial Sector (Shareholdings) Act 1998, and Payment Systems (Regulation) Act 1998","Technical accounting standards incorporated by reference: AASB 121 (foreign exchange rates) and AASB 139 (financial instruments)","Detailed securitisation deconsolidation principles with conditional logic distinguishing between qualifying and non-qualifying securitisations","Complex foreign currency translation rules distinguishing between monetary items, non-monetary historical cost items, and fair value items","Class-based application table creating exemptions for specific ADI types (building societies, credit unions, SCCIs)"],"plain_english_summary":"This standard requires most authorised deposit-taking institutions (ADIs)—including Australian-owned banks, foreign bank branches and subsidiaries—to submit monthly electronic returns to APRA on the assets and liabilities held in their Offshore Banking Units (OBUs). Building societies, credit unions and specialist credit card institutions are exempt.\n\nReports (via APRA’s D2A, digitally signed) must be in AUD, use specified exchange-rate and accounting rules, and feed APRA, the RBA and ABS for prudential supervision and economic monitoring."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument sets reporting obligations for the same classes of ADI listed in para 2 and includes a transitional clause preserving prior reporting duties where applicable (para 13). The text does not specify an expansion or narrowing of the reporting population; instead it restates application, method, timing and administrative requirements."},"complexity_factors":["Cross-references to external prudential and accounting standards (AASB 121, AASB 139; APS 120/112/113) in instructions increase technical reporting complexity (Instruction Guide, 'Unit of measurement', 'Securitisation deconsolidation principle').","Multiple ADI classes and specific inclusions/exclusions (table at para 2; Reporting entity scope) require entity-level interpretation.","APRA discretion to vary reporting frequency and to make minor form variations adds regulatory uncertainty and implementation variability (paras 6, 11–12).","Operational requirements for electronic submission, encryption and APRA-issued digital certificates create IT and security implementation burden (para 4; para 10).","Board and senior management responsibility for data authorisation and internal controls imposes governance and compliance obligations (para 9).","Detailed line-item rules and exclusion rules (related corporations, overseas offices, domestic books scope) require transaction-level mapping to reporting fields (Instruction Guide; Specific instructions).","Transitional reporting rules preserve obligations across revocation dates, requiring parallel handling of old and new forms for some periods (para 13).","Foreign currency translation and rounding rules, with specified treatment for different instrument types and hedges, increase accounting workload (Instruction Guide, 'Unit of measurement')."],"plain_english_summary":"This standard requires specified ADIs (Australian‑owned banks, foreign subsidiary banks, branches of foreign banks and other ADIs) to submit monthly electronic returns on offshore banking unit balances using Form ARF 326.0 for APRA’s prudential supervision (paras 2–3, 5–7). APRA may change reporting frequency, make minor form variations and grant extensions; boards must maintain internal authorisation controls and officers must digitally sign submissions (paras 6, 11–12, 8–10). Costs fall on reporting ADIs; APRA decides frequency and form content."}},"importantCases":[],"_links":{"self":"/api/acts/financial-sector-collection-of-data-reporting-standard-determination-no-42-of-2008-ars-326-0-offshor","history":"/api/acts/financial-sector-collection-of-data-reporting-standard-determination-no-42-of-2008-ars-326-0-offshor/history","analysis":"/api/acts/financial-sector-collection-of-data-reporting-standard-determination-no-42-of-2008-ars-326-0-offshor/analysis","conflicts":"/api/acts/financial-sector-collection-of-data-reporting-standard-determination-no-42-of-2008-ars-326-0-offshor/conflicts","importantCases":"/api/acts/financial-sector-collection-of-data-reporting-standard-determination-no-42-of-2008-ars-326-0-offshor/important-cases","documents":"/api/acts/financial-sector-collection-of-data-reporting-standard-determination-no-42-of-2008-ars-326-0-offshor/documents"}}