This instrument is a delegated determination made under the Financial Sector (Collection of Data) Act 2001. It identifies, for the purposes of paragraph 7(1)(b) of that Act, a class of corporations that are to be treated as registrable corporations. The Determination is made under paragraph 7(1A)(b) of the Act, and commences on 16 April 2020. The text states that APRA, through a delegate, considers that the business activities of each corporation in the specified class include the provision of finance; on that basis the delegate determines the class in the Schedule for the purposes noted.

Mechanically, the instrument does three things in the source text:

• It invokes APRA’s delegated power under paragraph 7(1A)(b) of the Financial Sector (Collection of Data) Act 2001 and states the operative purpose: to determine the class of corporations specified in the Schedule “for the purposes of paragraph 7(1)(b) of the Act”.
• It defines the class in the Schedule as “Corporations granted a guarantee under section 5 of the Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Act 2020” with two express exclusions: those corporations that immediately prior to the grant were (i) registrable corporations within the meaning of section 7 of the Act, or (ii) authorised deposit-taking institutions within the meaning of the Banking Act 1959.
• It records administrative details: the instrument is dated 16 April 2020, signed by Sean Carmody as Executive Director, Cross-Industry Insights and Data Division, and it contains an interpretation note that APRA means the Australian Prudential Regulation Authority.

The Determination does not itself reproduce paragraph 7(1)(b) or section 7 of the Act, nor does it restate the reporting, collection or compliance mechanics that may flow from a corporation being “registrable” under the Act. The Schedule describes the qualifying event for inclusion (grant of a guarantee under s 5 of the specified Guarantee Act) and a temporal test (“immediately prior to the grant”) for exclusion. The Determination is narrowly framed to capture recipients of that specific statutory guarantee who were not already registrable corporations or ADIs immediately before receiving the guarantee.

The instrument rests on several compact legal concepts as stated in its text:

• Determination power and purpose: the delegate acts under paragraph 7(1A)(b) to make a determination “for the purposes of paragraph 7(1)(b) of the Act”. The document thus links two locus clauses in the Financial Sector (Collection of Data) Act 2001: one authorising the delegate to determine a class (7(1A)(b)) and the target provision that uses the class concept (7(1)(b)). The instrument does not reproduce those provisions; it records only the statutory citations.

• Registrable corporations (defined by reference): the Schedule identifies a class described as “corporations that are registrable corporations”. The label “registrable corporations” is invoked by reference to section 7 of the Financial Sector (Collection of Data) Act 2001; the Determination does not itself define the term beyond that cross-reference.

• Triggering event: inclusion in the class depends on a single statutory event , being “granted a guarantee under section 5 of the Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Act 2020”. The Determination therefore treats the grant of that guarantee as the definitional trigger that makes a corporate entity fall within the class.

• Temporal exclusion test: the Schedule contains an express temporal test for exclusion , the corporation is excluded if it was, immediately prior to the grant, already (i) a registrable corporation within the meaning of section 7 of the Act, or (ii) an authorised deposit-taking institution within the meaning of the Banking Act 1959. The phrase “immediately prior to the grant” is the sole temporal marker used in the instrument to distinguish cases.

• Administrative person and commencement: the Determination records the delegate (Sean Carmody) and an explicit commencement date, 16 April 2020. It also contains a short interpretation clause that “APRA means the Australian Prudential Regulation Authority.”

These concepts collectively make the instrument a narrowly targeted, event-driven inclusion of a set of corporations (recipients of a specific statutory guarantee) into the class that the Financial Sector (Collection of Data) Act treats as registrable corporations for purposes of paragraph 7(1)(b). The instrument does not itself state the consequences of being a registrable corporation; it confines itself to the identification exercise and to the stated factual basis for the delegate’s exercise of power , APRA’s view that the business activities include provision of finance.

The Determination identifies a specific, delimited group of corporate entities. According to the Schedule, the affected population is:

• Corporations that have been granted a guarantee under section 5 of the Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Act 2020, but only those that immediately prior to the grant were not:
  • registrable corporations within the meaning of section 7 of the Financial Sector (Collection of Data) Act 2001; or
  • authorised deposit-taking institutions within the meaning of the Banking Act 1959.

Thus the instrument targets recipients of the statutory guarantee who were not already inside two existing categories immediately before receiving the guarantee. The text implies a transitional or contingent reach: the grant of the guarantee is the event that brings a corporation into the class unless the corporation already fell within the existing statutory categories at the relevant moment.

Who decides: APRA (the Australian Prudential Regulation Authority), through a named delegate (Sean Carmody as Executive Director, Cross-Industry Insights and Data Division), is the decision-maker recorded in the Determination. The instrument explicitly states the delegate’s action “under paragraph 7(1A)(b) of the Financial Sector (Collection of Data) Act 2001,” and the interpretation clause supplies the acronym APRA for the reader.

Who pays or bears the immediate compliance effect: the Schedule’s language makes clear that the class consists of corporations , so the immediate, identifiable entities affected are corporate borrowers that obtained the statutory guarantee under s 5 of the Guarantee Act. The Determination itself does not set monetary charges or fees. It does not itself state reporting obligations, costs or penalties; it makes those effects contingent on the rights and duties that attach to being a “registrable corporation” under the Financial Sector (Collection of Data) Act 2001 and the referenced paragraph 7(1)(b). Therefore, the practical burden or cost will fall upon the corporations that are captured, insofar as the Act’s data collection powers and obligations apply to registrable corporations.

Temporal and conditional qualifiers that determine who is affected:

• The qualification “immediately prior to the grant” makes the corporation’s pre-grant regulatory status central. Corporations that were already registrable under section 7 or already ADIs under the Banking Act are expressly excluded from the newly determined class. The instrument therefore focuses on entities that became subject to the guarantee program but were not already inside the main supervisory categories referenced by the Act.

The Determination itself is narrowly limited: it determines a class of corporations “for the purposes of paragraph 7(1)(b) of the Act.” The instrument does not restate any duties, obligations, rights, or enforcement mechanisms. Accordingly, the Determination’s text supplies only the following concrete legal effects and inferences:

• Classification effect: by specifying the class in the Schedule and determining it under paragraph 7(1A)(b), the instrument brings those corporations within the scope of the referenced paragraph 7(1)(b) of the Financial Sector (Collection of Data) Act 2001. The Determination thus performs an identificatory function: it makes an express, delegated finding that certain corporations are to be treated as registrable corporations for the Act’s purposes. The Determination does not itself spell out the duties that flow from registrability.

• Delegated factual basis: the delegate records that “APRA considers that the business activities of each corporation of the class of corporations specified in the Schedule includes the provision of finance.” That statement is presented as the factual or policy basis for the exercise of the delegated power. The Determination therefore links the inclusion decision to APRA’s view about the nature of the business activities of the target entities.

• No standalone rights or exemptions expressed: the instrument contains no discrete grant of rights, exemptions, or special treatment other than the classification. It does not provide a mechanism in the instrument for corporations to apply for exclusion, appeal the determination, or obtain a private ruling; none of those procedures are stated in the text.

• Cross-reference dependency: any procedural duties (for example, reporting obligations, data submission, confidentiality protections, or timeframes) that might attach to the label “registrable corporation” are not reproduced. They remain in the Financial Sector (Collection of Data) Act 2001 , specifically in the paragraph and section cited , and in any subordinate instruments made under that Act. The Determination, therefore, operates as an enabling step: it determines who is within the scope of the Act’s existing duties and rights, but it does not itself create those duties or articulate the rights.

• Exclusions carve out pre-existing regulated entities: the Schedule excludes corporations that were immediately prior to the grant already registrable within the meaning of s 7 or authorised deposit-taking institutions under the Banking Act. Practically, that exclusion preserves the status of those corporations under the existing framework; the Determination covers only entities that would otherwise be outside those two categories prior to the guarantee being granted.

The Determination text does not create offences, penalties, or enforcement protocols. It is an administrative determination that identifies a class of corporations “for the purposes of paragraph 7(1)(b) of the Act.” The instrument is silent on enforcement measures, penalties, infringement notices, civil remedies, or criminal sanctions.

Consequently:

• The Determination itself imposes no penalty provisions. There are no monetary fines, infringement mechanisms, or coercive timelines set out in the instrument text.
• The instrument does not describe enforcement actors, investigatory powers, or the chain of enforcement that might apply to the class of corporations it identifies.
• Any penalties or enforcement processes applicable to entities within the class will be those provided for in the Financial Sector (Collection of Data) Act 2001 , specifically in paragraph 7(1)(b) and related provisions , and potentially in subordinate or consequential instruments. Those provisions are not reproduced in the Determination.

Practical implication for affected entities:

• Entities captured by the Determination should not treat the instrument itself as the source of enforcement obligations or penalties, but should understand it as bringing them within the scope of the Financial Sector (Collection of Data) Act 2001 for the purposes cited. To determine the actual compliance risks (including penalties for non-compliance), those corporations must consult the Act’s operative provisions , paragraph 7(1)(b) and associated sections , and any APRA instruments or notices that implement the Act’s reporting and enforcement regime.

Administrative facts recorded in the Determination that bear on enforcement pathways:

• The Determination is dated and signed by a named APRA delegate, and it includes a precise commencement date (16 April 2020). Those administrative details are relevant when determining when any obligations under the Act might begin to apply to a given corporation, insofar as APRA applies the Determination from its commencement date.

In sum, the instrument establishes classification; it does not itself establish penalties or enforcement mechanisms. Those matters are reserved to the Financial Sector (Collection of Data) Act 2001 and related subordinate rules, which must be examined to identify the applicable enforcement architecture for registrable corporations as defined by this Determination.

The Determination explicitly cross-references three statutes and creates an interactional relationship among them as follows:

• Financial Sector (Collection of Data) Act 2001:

  • The Determination is made expressly under paragraph 7(1A)(b) of that Act and is made “for the purposes of paragraph 7(1)(b) of the Act.” The Determination therefore serves to identify a class of corporations to which the referenced paragraph (7(1)(b)) applies. The instrument does not reproduce the operative content of paragraph 7(1)(b) or section 7; it simply performs the classification function that those provisions require or permit.

• Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Act 2020:

  • The Schedule defines the class by reference to corporations “granted a guarantee under section 5” of that Guarantee Act. The Determination therefore reaches corporate recipients of that statutory guarantee. The guarantee statute’s s 5 is the event-defining provision used to identify which corporations fall within the Determination’s scope. The Determination’s design creates a direct statutory linkage: an entity’s status under the Guarantee Act is determinative for its treatment under the Financial Sector (Collection of Data) Act, via this delegated instrument.

• Banking Act 1959:

  • The Schedule excludes “authorised deposit-taking institutions within the meaning of the Banking Act 1959.” This carve-out means the Determination does not apply to entities that, by that other statute, are ADIs. The Determination therefore preserves the prior regulatory coverage of ADIs under the Banking Act and avoids duplicative or overlapping classification for those institutions.

The net effect of these interactions, as recorded in the Determination text, is that APRA uses the occurrence of a specified action under one statute (the grant of a guarantee under s 5 of the Guarantee Act) to expand , for the purposes of a separate statutory data-collection framework , the class of corporations covered by the latter Act, while expressly excluding entities that already fall inside established supervisory categories (registrable under s 7 of the Collection Act or ADIs under the Banking Act).

Because the Determination relies on cross-references, practical questions of interaction will require examination of the referenced provisions themselves. For example:

The instrument as provided contains only a single dated entry and does not record any amendments. The Determination includes the following administration history points as expressed in the text:

• Date of instrument and commencement: The Determination is dated 16 April 2020 and expressly states “This instrument commences on 16 April 2020.” No subsequent dates or amendment entries are included in the text provided.

• Signatory: The Determination is signed by Sean Carmody, Executive Director, Cross-Industry Insights and Data Division, as the APRA delegate. The text supplies this signature block once (appearing twice in the provided text, but identical), and no amendment signatures appear.

• Interpretation provision: the Determination contains a brief interpretation clause stating “APRA means the Australian Prudential Regulation Authority.” No other interpretative amendments or definitions are added, nor are there revocation clauses, sunset clauses, or specified review dates in the instrument.

• Repetition in source: The material supplied contains a repetition of the same Determination text; the two blocks are identical in wording and both bear the same date and signature details. The instrument text itself does not explain the duplication; the operative single Determination is shown with commencement 16 April 2020.

Because the Determination text does not include any amending provisions or recorded subsequent variations, the amendment history in the provided source is nil beyond the original making and commencement on 16 April 2020. Any later amendments, revocations, or replacement instruments would need to be checked in the official legislative or instrument registers; they are not present in the material supplied.

The Determination text supplied contains no reference to litigation, judicial consideration, statutory challenge, or dispute resolution. The instrument does not note any court proceedings, administrative appeals, or contested matters relating to its making or application.

Therefore, based on the text provided:

• There is no recorded litigation history in the instrument itself.
• The Determination makes no provision for internal review, appeal, or merits review in its text; it merely records the delegate’s exercise of power and the commencement date.

To establish whether there has been subsequent judicial or tribunal consideration of this Determination, one would need to consult court records, tribunal decisions, or the official consolidated instrument history. Those sources are not included in the text supplied, and this Determination contains no self-contained litigation register.

The Determination is concise and precise in drafting, but several concrete practical pitfalls and interpretative points arise from its wording that counsel and compliance officers should note:

• “Immediately prior to the grant” temporal test: the Schedule excludes corporations that were, “immediately prior to the grant,” registrable under section 7 or ADIs under the Banking Act. The instrument’s operation will therefore turn on the exact timing of the guarantee grant and the corporation’s regulatory status at that instant. Entities and advisers must identify the precise grant timestamp and verify pre-grant regulatory status; minor timing errors could change whether an entity is captured.

• Reliance on cross-references: the Schedule defines the class by reference to s 5 of the Guarantee Act, to s 7 of the Collection Act, and to the Banking Act 1959’s ADI definition. The Determination therefore requires cross-referencing multiple statutes to determine coverage. The instrument itself does not define what “granted a guarantee under section 5” entails, nor does it explain what events constitute the effective grant for this purpose. Parties must consult the Guarantee Act’s s 5 and any administrative practice that APRA or the guarantee program uses to record grant events.

• The Determination does not state the consequences: the instrument does not itself list the reporting requirements, timing, data items, or penalties that flow from being a registrable corporation. That means affected corporations should not rely on the Determination text alone to assess compliance obligations. Instead, they must map the Determination’s classificatory outcome onto the statutory duties in paragraph 7(1)(b) and associated provisions of the Collection Act.

• Narrow scope and exclusions: the instrument expressly excludes registrable corporations already within s 7 and ADIs. That exclusion preserves the prior coverage of those entities, but it also means that the Determination targets primarily entities that were previously outside APRA’s registrable corpus. Corporations that become registrable only because they accepted the guarantee may be surprised by new reporting obligations; anticipate communication from APRA or administrative instruments implementing those duties.

• Delegation signature and administrative record: the Determination is signed by a named APRA delegate. Practically, affected entities may need to demonstrate whether APRA has validly exercised delegated authority under paragraph 7(1A)(b). The instrument records the delegate and the statutory basis for the exercise, but does not attach the delegate’s statement of reasons beyond the single sentence that APRA considers the business activities include provision of finance.

The Determination does not itself set out compliance steps, reporting forms, or deadlines. It identifies a class of corporations to be treated as registrable for the purposes of paragraph 7(1)(b) of the Financial Sector (Collection of Data) Act 2001. Practical compliance therefore requires translating that classification into the Act’s operational duties. The following steps, drawn from the Determination’s text and its cross-references, indicate a prudent compliance pathway:

1. Establish whether the entity was granted the guarantee:

   • Confirm whether the corporation was “granted a guarantee under section 5 of the Guarantee of Lending to Small and Medium Enterprises (Coronavirus Economic Response Package) Act 2020.” The Determination’s Schedule makes that statutory event the entry point into the class. Maintain documentary evidence of grant (dates, official notices) because the Determination’s temporal test looks at status “immediately prior to the grant.”

2. Verify pre-grant status:

   • Determine whether, immediately prior to the grant, the corporation was already a “registrable corporation within the meaning of section 7 of the Act” or an “authorised deposit-taking institution within the meaning of the Banking Act 1959.” If either condition was true immediately before the grant, the corporation is expressly excluded from the Determination’s class. Keep contemporaneous regulatory status records to support any exclusion claim.

3. Treat classification as triggering review of the Collection Act duties:

   • If the entity falls within the Schedule (i.e., it was granted the s 5 guarantee and was not excluded by virtue of pre-grant status), treat the Determination as bringing the corporation within the ambit of paragraph 7(1)(b) of the Financial Sector (Collection of Data) Act 2001. Because the Determination does not reproduce the duties, obtain and review paragraph 7(1)(b), section 7 and any related provisions of the Act to identify the specific reporting obligations, data requirements, timeframes, confidentiality obligations and enforcement consequences.

4. Monitor APRA communications:

   • Expect that APRA may issue further instructions, data collection notices, or guidance to implement the Act’s reporting regime for registrable corporations. The Determination records a commencement date (16 April 2020); check APRA’s administrative notices or industry communications contemporaneous with or following that date for practical reporting templates, contacts and deadlines.