57

57 Determination as to confidentiality

(1) APRA may determine whether a document that was given to APRA by a registered entity, or by a body regulated by APRA, under section 13 of the Financial Sector (Collection of Data) Act 2001 contains confidential information, but must not make such a determination unless APRA has: (a) given to the entity or body, or to an association or other body representing the class of entities or bodies within which the entity or body is included, a reasonable opportunity to make representations as to whether information of the kind contained in the document is confidential; and (b) taken any such representations into account. (2) A determination made under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Part 2—Banking Act 1959

11 Subparagraph 9A(2)(a)(i)

After “regulations”, insert “or the Financial Sector (Collection of Data) Act 2001”.

12 Subparagraph 11AB(2)(a)(i)

After “regulations”, insert “or the Financial Sector (Collection of Data) Act 2001”.

13 After paragraph 11CA(1)(d)

Insert:

; or (e) the body corporate has contravened a requirement under the Financial Sector (Collection of Data) Act 2001.

14 Subparagraphs 16B(2)(a)(ii), (3)(a)(ii) and (4)(a)(ii)

After “regulations”, insert “or the Financial Sector (Collection of Data) Act 2001”.

15 At the end of section 16C

Add “or the Financial Sector (Collection of Data) Act 2001”.

16 Part VI

Repeal the Part.

17 Subsection 62(5)

Repeal the subsection.

18 Application

(1) The amendments made by this Part apply to a financial sector entity (within the meaning of the Financial Sector (Collection of Data) Act 2001) that is a body referred to in subitem (2) only on and after the day on which the reporting standards determined under section 13 of that Act begin to apply under section 15 of that Act to a class or kind of financial sector entities in which that body is included.

(2) The bodies are:

(a) ADIs; and
(b) authorised NOHCs; and
(c) subsidiaries of ADIs; and
(d) subsidiaries of authorised NOHCs.

(3) Expressions used in subitem (2) have the same meanings as in the Banking Act 1959.

Part 3—Insurance Act 1973

19 Subsection 3(1) (definition of accounts)

Omit “subsections 44(1) and (3) and 49J(1) and (3)”.

20 Subsection 3(1) (definition of quarterly statutory accounts)

Repeal the definition.

21 Subsection 3(1) (definition of statutory accounts)

Repeal the definition, substitute:

statutory accounts, in relation to a body corporate, means the reporting documents that the body corporate is required under section 13 of the Financial Sector (Collection of Data) Act 2001 to lodge with APRA.

22 Subsection 3(1) (definition of yearly statutory accounts)

Repeal the definition, substitute:

yearly statutory accounts, in relation to a body corporate, means the reporting documents that the body corporate is required under section 13 of the Financial Sector (Collection of Data) Act 2001 to lodge with APRA in respect of a financial year.

23 Paragraph 23(f)

After “Act”, insert “and the Financial Sector (Collection of Data) Act 2001”.

24 Paragraph 24(f)

After “Act”, insert “and the Financial Sector (Collection of Data) Act 2001”.

25 Sections 44 and 45

Repeal the sections.

26 Section 49

Repeal the section.

27 Sections 49J and 49K

Repeal the sections.

28 Section 49P

Repeal the section.

29 Paragraph 52(1)(b)

After “Act” (wherever occurring), insert “or the Financial Sector (Collection of Data) Act 2001”.

30 Subsection 52(1B)

After “Act” (second and third occurring), insert “or the Financial Sector (Collection of Data) Act 2001”.

31 Subsection 62(1)

After “Act” (second and third occurring), insert “or the Financial Sector (Collection of Data) Act 2001”.

32 Subparagraph 62(1A)(b)(ii)

After “Act” (wherever occurring), insert “or the Financial Sector (Collection of Data) Act 2001”.

33 Subsection 115(1)

After “Act” (second occurring), insert “or the Financial Sector (Collection of Data) Act 2001”.

34 Subsection 115A(1)

After “Act” (last occurring), insert “or the Financial Sector (Collection of Data) Act 2001”.

35 Paragraph 115A(2)(a)

After “Act” (last occurring), insert “or the Financial Sector (Collection of Data) Act 2001”.

36 Subparagraph 115A(3)(a)(i)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

37 Subparagraph 117A(1)(a)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

38 Subsection 123(2)

Repeal the subsection.

Note: The heading to section 123 is altered by omitting “, accounts”.

39 Subsection 123(4)

Omit “or (2)”.

40 Subsection 128(1)

Omit “, 44”.

41 Subsection 128(1)

Omit “, 49J”.

42 Paragraph 128(1)(b)

Omit “44,”.

43 Paragraph 128(1)(b)

Omit “, 49J”.

44 Paragraph 132(c)

Repeal the paragraph.

45 Application

The amendments made by this Part apply only on and after the day on which the reporting standards determined under section 13 of the Financial Sector (Collection of Data) Act 2001 begin to apply under section 15 of that Act to financial sector entities (within the meaning of that Act) whose sole or principal business in Australia is insurance business (within the meaning of the Insurance Act 1973).

Part 4—Life Insurance Act 1995

46 Paragraph 21(3)(e)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

47 Section 57

Omit “section 82”, substitute “the Financial Sector (Collection of Data) Act 2001”.

48 Section 82

Repeal the section.

49 Subsection 83(2)

Repeal the subsection, substitute:

(2) The audit must be carried out before reporting documents as at the end of that financial year are given to APRA under the Financial Sector (Collection of Data) Act 2001.

50 Subsection 83(3)

Omit “prepared under subsection 82(1) are not effective for the purposes of this Act”, substitute “referred to in subsection (2) are not effective for the purposes of this Act or the Financial Sector (Collection of Data) Act 2001”.

51 Paragraph 88(1)(a)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

52 Subparagraph 88(3)(a)(i)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

53 Paragraph 89(2)(a)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

54 Paragraph 92(1)(a)

Omit “section 82”, substitute “the Financial Sector (Collection of Data) Act 2001”.

55 Paragraph 98(1)(a)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

56 Subparagraph 98(3)(a)(i)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

57 Sections 117 and 118

Repeal the sections.

58 Section 121

Repeal the section.

59 Section 122

Omit “referred to in subsection 82(1)”, substitute “under the Financial Sector (Collection of Data) Act 2001”.

60 Subsection 124(1)

Omit “section 118”, substitute “the Financial Sector (Collection of Data) Act 2001”.

61 Subsection 125A(1) (paragraph (b) of the definition of provision to which this section applies)

Repeal the paragraph.

62 Subsection 125B(1) (paragraph (b) of the definition of provision to which this section applies)

Repeal the paragraph.

63 Subparagraph 136(b)(i)

After “Life Insurance Act 1945”, insert “or the Financial Sector (Collection of Data) Act 2001”.

64 Subparagraph 136(b)(ii)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

65 Paragraphs 150(1)(b) and (c)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

66 Section 166

After “Act” (first occurring), insert “or the operation of the Financial Sector (Collection of Data) Act 2001”.

67 At the end of section 166

Add “or the provisions of the Financial Sector (Collection of Data) Act 2001”.

68 At the end of subsection 230A(3)

Add “or the Financial Sector (Collection of Data) Act 2001”.

69 Paragraph 230B(1)(a)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

70 Subsection 236(1) (paragraph (zb) of the definition of reviewable decision)

Repeal the paragraph.

71 Subsection 236(1) (paragraphs (zd), (ze) and (zf) of the definition of reviewable decision)

Repeal the paragraphs.

72 Sections 243 and 244

Repeal the sections.

73 Subsection 248(2)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

74 Schedule

Insert:

reporting document has the same meaning as in the Financial Sector (Collection of Data) Act 2001.

75 Application

The amendments made by this Part apply only on and after the day on which the reporting standards determined under section 13 of the Financial Sector (Collection of Data) Act 2001 begin to apply under section 15 of that Act to financial sector entities (within the meaning of that Act) that are registered under the Life Insurance Act 1995.

Part 5—Retirement Savings Accounts Act 1997

76 Subparagraph 3(1)(a)(iv)

Repeal the subparagraph, substitute:

(iv) section 183; and

77 Paragraph 3(2)(d)

Omit “, 184, 193 and 194”, substitute “and 184”.

78 Section 16 (definition of lodge)

Repeal the definition.

79 Section 16 (paragraph (o) of the definition of reviewable decision)

Omit “182; or”, substitute “182.”.

80 Section 16 (paragraph (p) of the definition of reviewable decision)

Repeal the paragraph.

81 Section 37

Omit “and to require RSA providers to provide an annual return to APRA”.

82 Paragraphs 44(1)(a) and (b)

Repeal the paragraphs.

Note: The heading to section 44 is replaced by the heading “RSA provider to give copy of audit report to APRA”.

83 At the end of subsection 44(1)

Add:

Note: The Financial Sector (Collection of Data) Act 2001 makes provision for annual returns and other financial documents to be given by RSA providers to APRA.

84 Subsections 44(3) and (4)

Repeal the subsections, substitute:

Endorsement of report on return (4) If the return given under the Financial Sector (Collection of Data) Act 2001 is not given on a data processing device, or by way of electronic transmission, the report referred to in subsection (1) may be endorsed on the return.

85 Subsection 64(2)

Omit “returns in accordance with section 44”, substitute “reporting documents referred to in section 13 of the Financial Sector (Collection of Data) Act 2001”.

86 Subsections 65(1) and (3)

After “regulations”, insert “and the Financial Sector (Collection of Data) Act 2001”.

87 Paragraph 66(1)(a)

After “regulations”, insert “or the Financial Sector (Collection of Data) Act 2001”.

88 Subparagraphs 67(1)(a)(iii) and 68(1)(a)(iii)

After “regulations”, insert “or the Financial Sector (Collection of Data) Act 2001”.

89 Subsection 95(1)

After “regulations”, insert “or the Financial Sector (Collection of Data) Act 2001”.

90 Subsection 144(2)

Repeal the subsection, substitute:

Financial returns (2) The form of a financial return a copy of which is required to be given by an RSA provider to APRA under section 13 of the Financial Sector (Collection of Data) Act 2001 may require the return to contain the provider’s tax file number.

91 Subparagraph 161(1)(a)(ii)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

93 Sections 193 and 194

Repeal the sections.

94 Application

The amendments made by this Part apply only on and after the day on which the reporting standards determined under section 13 of the Financial Sector (Collection of Data) Act 2001 begin to apply under section 15 of that Act to financial sector entities (within the meaning of that Act) that are RSA providers (within the meaning of the Retirement Savings Accounts Act 1997).

Part 6—Superannuation Industry (Supervision) Act 1993

97 Paragraphs 36(1)(a) and (b)

Repeal the paragraphs.

Note: The heading to section 36 is replaced by the heading “Trustee to give copy of audit report to APRA”.

98 After subsection 36(1)

Insert:

Note: The Financial Sector (Collection of Data) Act 2001 makes provision for annual returns and other financial documents to be given by trustees to APRA.

99 Subsections 36(3) and (4)

Repeal the subsections, substitute:

Endorsement of report on return (4) If the return given under the Financial Sector (Collection of Data) Act 2001 is not given on a data processing device, or by way of electronic transmission, the report referred to in subsection (1) may be endorsed on the return.

100 Subsection 36(5)

Omit “under this section”, substitute “under the Financial Sector (Collection of Data) Act 2001”.

130A After paragraph 111(1)(a)

Insert:

(aa) if the entity is not a self managed superannuation fund—so keep its accounts as to enable the preparation of reporting documents referred to in section 13 of the Financial Sector (Collection of Data) Act 2001; and

131 At the beginning of paragraph 111(1)(b)

Insert “if the entity is a self managed superannuation fund—”.

131A Subparagraph 111(1)(b)(ii)

Omit “36”, substitute “36A”.

132 Subsection 112(1)

After “superannuation entity”, insert “that is a self managed superannuation fund”.

132A Before paragraph 113(3)(a)

Insert:

(aa) must, if it is approved for a superannuation entity that is not a self managed superannuation fund, either:
(i) relate solely to the audit of financial statements given to APRA under the Financial Sector (Collection of Data) Act 2001 and prepared in respect of a year of income; or
(ii) relate not only to the audit of those statements, but also to the audit of such other accounts and statements, prepared in respect of a year of income, as are identified in the form; and

133 Paragraph 113(3)(a)

After “must”, insert “, if it is approved for a superannuation entity that is a self managed superannuation fund—”.

134 Paragraph 113(3)(b)

After “regulations”, insert “and the Financial Sector (Collection of Data) Act 2001”.

135 Paragraphs 120A(1)(a) and (2)(a)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

136 Paragraphs 129(1)(a) and (b)

After “regulations”, insert “or the Financial Sector (Collection of Data) Act 2001”.

137 Paragraph 130(1)(b)

After “regulations”, insert “or the Financial Sector (Collection of Data) Act 2001”.

138 Subparagraph 131(1)(a)(iii)

After “regulations”, insert “or the Financial Sector (Collection of Data) Act 2001”.

139 Subparagraph 131A(1)(a)(iii)

After “regulations”, insert “or the Financial Sector (Collection of Data) Act 2001”.

141 Paragraph 252G(1)(b)

After “Act”, insert “or the Financial Sector (Collection of Data) Act 2001”.

142 Subsection 252G(1) (note)

Omit “section 36”, substitute “the Financial Sector (Collection of Data) Act 2001”.

142A Subsection 252G(2) (note)

Omit “section 36”, substitute “the Financial Sector (Collection of Data) Act 2001”.

143 Paragraph 263(1)(a)

After “regulations”, insert “or the Financial Sector (Collection of Data) Act 2001”.

144 Subsection 299U(2)

Repeal the subsection, substitute:

Financial return (2) The form of a financial return a copy of which is required to be given by a superannuation entity to APRA under section 13 of the Financial Sector (Collection of Data) Act 2001 may require the return to contain the entity’s tax file number.

145 Subparagraph 313(1)(a)(ii)

After “Act”, insert “or under the Financial Sector (Collection of Data) Act 2001 in connection with a superannuation entity”.

146 At the end of section 347A

Add:

(13) In this section:

Regulator means the Commissioner of Taxation.

146A At the end of section 348

Add:

(4) In this section:

Regulator means the Commissioner of Taxation.

147 Application

The amendments made by this Part apply only on and after the day on which the reporting standards determined under section 13 of the Financial Sector (Collection of Data) Act 2001 begin to apply under section 15 of that Act to financial sector entities (within the meaning of that Act) that are trustees of superannuation entities (within the meaning of the Superannuation Industry (Supervision) Act 1993).

Part 7—Other Acts

Broadcasting Services Act 1992

148 Subclause 4(4) of Schedule 1 (subparagraph (c)(i) of the definition of authorised lender)

Repeal the subparagraph, substitute:

(i) that is a registered entity under the Financial Sector (Collection of Data) Act 2001; or

Cheques Act 1986

149 Subsection 3(1) (definition of FCA institution)

Omit “registered corporation under the Financial Corporations Act 1974”, substitute “registered entity under the Financial Sector (Collection of Data) Act 2001”.

Financial Corporations (Transfer of Assets and Liabilities) Act 1993

150 Section 3 (paragraph (b) of the definition of eligible subsidiary)

Repeal the paragraph, substitute:

(b) is a financial corporation that is a registered entity under the Financial Sector (Collection of Data) Act 2001; and

151 Paragraph 4(b)

Repeal the paragraph, substitute:

(b) is, under the Financial Sector (Collection of Data) Act 2001, a registered entity included in the category for money market corporations.

Financial Institutions Supervisory Levies Collection Act 1998

152 Paragraph 9(2)(a)

153 Transitional

The amendment made by item 152 applies to the payment of levy (within the meaning of the Financial Institutions Supervisory Levies Collection Act 1998) for the financial year beginning on 1 July 2002 and for all subsequent financial years.

Income Tax Assessment Act 1936

154 Subparagraph 128AE(2)(e)(i)

Repeal the subparagraph, substitute:

(i) that is, under the Financial Sector (Collection of Data) Act 2001, a registered entity included in the category for money market corporations; or

155 Section 159GZA (definition of financial institution)

Repeal the definition, substitute:

financial institution has the meaning given by section 159GZAA.

156 After section 159GZA

Insert: