This instrument contains several concrete features and small drafting choices that create practical risks or points of attention for payers, APRA, and advisers. The following are source-grounded items to watch.
Named, non-generalised charging. The Schedule imposes fixed amounts on named entities rather than setting a tariff applicable to a class or prescribing a formula. That means the instrument’s legal obligations are tightly bound to the entities listed in Column 3. If a practitioner is advising an ADI not named in the Schedule, do not assume the instrument imposes a charge on that ADI; the Schedule’s Column 3 determines who is required to pay.
GST-inclusive amounts. The amounts are stated to be inclusive of GST (Schedule, Column 2). The payer must therefore plan to pay the stated full amount; the instrument does not provide for GST to be added. For accounting and tax treatment, the nominated dollar figure includes GST, which may affect invoice coding and downstream tax claims. Review internal GST accounting: the instrument does not explain how APRA will issue tax invoices or handle input tax credits. The instrument does not specify whether APRA will issue a tax invoice; it only states the charge is inclusive of GST.
Non-refundable label. The Schedule explicitly says "This charge is non-refundable" for each listed amount (Schedule, Column 2). That phrase is categorical within the instrument. If a payer expects the possibility of remission, refund under changed circumstances, or a subsequent reassessment that might trigger a refund, the instrument itself forecloses refunds. Any argument for restitution or reversal of a paid charge would need to be pursued outside the instrument, for instance by judicial challenge to the validity of the instrument or other legal remedies.
APRA invoice timing. APRA may issue the invoice "at any time after the date of this instrument" (Schedule, Column 4). The instrument therefore gives APRA temporal discretion to select when to demand payment after the instrument’s date. From a payer’s perspective this creates an uncertain cashflow exposure window. Practitioners should note that receipt of an APRA invoice starts the 14-day payment countdown.
Short payment window. Payment is due 14 days after receipt of APRA’s invoice (Schedule, Column 4). That is a relatively short settlement term. Advisers should plan for a rapid payment process once an invoice is received, and ensure internal authorisations, treasury and accounts payable processes can meet the 14-day deadline. The instrument does not state whether partial payments, instalments, or payment plans are permitted; the Schedule simply fixes the amount and the 14-day term.
Scope phrasing. The descriptive scope is "Assessment of applications and the ongoing supervision of ADIs under the models-based approach" (Schedule, Column 1). That description is concise and not detailed. The instrument does not define "models-based approach" within its text. Readers should therefore be wary of assuming the phrase includes or excludes particular supervisory activities; the instrument’s short descriptive language may invite differing interpretations of the exact extent of the chargeable service. If a payer receives an invoice and disputes whether the work invoiced falls within that phrase, the instrument itself provides no internal mechanism for resolving that dispute.
Concentration and distribution of amounts. The Schedule shows a materially larger fixed amount ($233,200) for six named ADIs and a smaller fixed amount ($42,900) for Bendigo and Adelaide Bank Limited. The draft does not explain the basis for the differentiation. Advisers should not assume the amounts reflect a statutory formula or proportionality to size unless supporting materials are located elsewhere.
No enforcement mechanics stated. The Schedule fixes payment terms but contains no provisions on interest for late payment or steps APRA will take on default. This absence means that practical recovery or enforcement approaches will derive from other statutory or common law powers, if any, and that payers may need to evaluate risk of collection action under broader legal frameworks.
Commencement linked to registration. The instrument commences on registration under the Legislation Act 2003. Because APRA may issue the invoice at any time after the date of the instrument and because commencement is tied to registration, adviser attention is required to the instrument’s actual registration date on the Federal Register of Legislation, not merely the date printed on the document (instrument dated 05 June 2020). Invoice timing may be triggered following registration.
No express dispute or review route. The instrument does not set out an internal APRA review or objection process for the charge. If a payer wishes to object, they must identify the legal basis for any challenge in statutory or judicial review fora external to the instrument.
No stated use of proceeds. The instrument does not state what APRA will do with the receipts. That matters for public accountability and for payers who may seek to question the reasonableness of the charge in the context of APRA’s activities. The instrument’s silence on allocation may be relevant in administrative law arguments but within the instrument itself there is no guidance.
These are pragmatic points that arise directly from the instrument’s text and its concise drafting. Advisers should verify invoice delivery procedures, confirm the instrument’s registration date, and prepare for the short payment term and the non-refundable label.