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Reporting Standard ARS 391.0 (2005)

Commercial Finance

Objective of this reporting standard

This reporting standard is made under section 13 of the Financial Sector (Collection of Data) Act 2001 (the Collection of Data Act). It requires all ADIs, except locally-incorporated special service providers and specialist credit card institutions, to report to APRA, generally on a monthly basis, in relation to their commercial finance.

This reporting standard outlines the overall requirements for the provision of relevant information to APRA. It should be read in conjunction with:

• Form ARF 391.0.01 Commercial Finance in NSW;
• Form ARF 391.0.02 Commercial Finance in VIC;
• Form ARF 391.0.03 Commercial Finance in QLD;
• Form ARF 391.0.04 Commercial Finance in SA;
• Form ARF 391.0.05 Commercial Finance in WA;
• Form ARF 391.0.06 Commercial Finance in TAS;
• Form ARF 391.0.07 Commercial Finance in the NT;
• Form ARF 391.0.08 Commercial Finance in the ACT,

and the associated instructions (all of which are attached and form part of this reporting standard).

Purpose

1. Data collected in Forms ARF 391.0.1 to 391.0.8 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.

Application and commencement

2. This reporting standard will apply, from the date of registration on the Federal Register of Legislative Instruments, to all ADIs except locally-incorporated special service providers and specialist credit card institutions (whether locally-incorporated or not).

Information required

3. An ADI that is a:

(a) locally-incorporated bank; or

(b) foreign ADI (other than a specialist credit card institution)

must complete each of Forms ARF 391.0.1 to 391.0.8 on a domestic books basis for each reporting period.

4. An ADI that is:

(a) a locally-incorporated credit union;

(b) a locally-incorporated building society; or

(c) Cairns Penny Savings & Loans Limited

must complete each of Forms ARF 391.0.1 to 391.0.8 on a licensed ADI basis for each reporting period.

Forms and method of submission

5. The information required by this reporting standard must be given to APRA either:

(a) in electronic form, using one of the electronic submission mechanisms provided by the ‘Direct to APRA’ (also known as ‘D2A’) application; or

(b) manually completed on paper, which must be faxed or mailed to APRA’s head office.

Note: the Direct to APRA application software and paper forms may be obtained from APRA.

Reporting periods and due dates

6. Subject to paragraph 7, an ADI must provide the information required by this reporting standard for each calendar month.

7. 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:

(a) the particular circumstances of the ADI;

(b) the extent to which the information is required for the purposes of the prudential supervision of the ADI; and

(c) the requirements of the Reserve Bank of Australia or the Australian Bureau of Statistics.

8. 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.

9. 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.

Authorisation

10. 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.

11. 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.

12. If information under this reporting standard is provided in paper form, it must be signed on the front page of the relevant completed form by either:

(a) the Principal Executive Officer of the ADI; or

(b) the Chief Financial Officer of the ADI (whatever his or her official title may be).

Minor alterations to forms and instructions

13. APRA may make minor variations to:

(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

(b) the instructions to a form, to clarify their application to the form

without changing any substantive requirement in the form or instructions.

14. If APRA makes such a variation it must notify in writing each ADI that is required to report under this reporting standard.

Transitional

15. If the due date for lodgement in respect of a reporting period is a day after the date of registration of this reporting standard on the Federal Register of Legislative Instruments, an ADI must report under this reporting standard in respect of that reporting period (including where the reporting period ended before the date of registration).

Interpretation - classifications of ADIs

15.16.In this reporting standard:

ADI means an authorised deposit-taking institution within the meaning of the Banking Act 1959.

ADI list means the attached ADI list.

building society means an ADI whose name appears under the heading ‘Building Societies’ in the ADI list.

credit union means an ADI whose name appears under the heading ‘Credit Unions’ in the ADI list.

foreign ADI means an ADI that is not incorporated in Australia.

locally-incorporated means incorporated in Australia.

locally-incorporated bank means an ADI whose name appears under the heading ‘Australian-owned Banks’ or ‘Foreign Subsidiary Banks’ in the ADI list.

special service provider means an ADI whose name appears under the heading ‘Other ADIs’ in the ADI list (other than Cairns Penny Savings & Loans Limited).

specialist credit card institution means an ADI whose name appears under the heading ‘Specialist Credit Card Institutions (SCCIs)’ in the ADI list.

16.17.If an ADI is not in the ADI list, then:

(a) if the ADI assumes or uses the word ‘bank’ in relation to its financial business, and is locally-incorporated, it is taken to be a locally-incorporated bank for the purposes of this reporting standard;

(b) if the ADI assumes or uses the expression ‘building society’ in relation to its financial business, and is locally-incorporated, it is taken to be a locally-incorporated building society for the purposes of this reporting standard;

(c) if the ADI assumes or uses the expression ‘credit union’, ‘credit society’ or ‘credit co-operative’ in relation to its financial business, and is locally-incorporated, it is taken to be a locally-incorporated credit union for the purposes of this reporting standard; and

(d) if the ADI engages in credit card issuing or credit card acquiring, or both, and does not otherwise carry on banking business within the meaning of section 5 of the Banking Act 1959, it is taken to be a specialist credit card institution for the purposes of this reporting standard.

17.18.APRA may in writing determine that an ADI is taken to be a locally-incorporated bank, locally-incorporated building society, locally-incorporated credit union, locally-incorporated special service provider or specialist credit card institution for the purposes of this reporting standard (even if, under paragraph 16 or 17, it comes within a different classification).

Interpretation - other definitions

18.19.In this reporting standard:

business days means ordinary business days, exclusive of Saturdays, Sundays and public holidays.

Principal Executive Officer means the principal executive officer of the ADI for the time being, by whatever name called, and whether or not he or she is a member of the governing board of the entity.

reporting period means a reporting period under paragraph 6 or, if applicable, paragraph 7.

The ADI list

Australian-owned Banks

• Adelaide Bank Limited
• AMP Bank Limited
• Australia and New Zealand Banking Group Limited
• Bank of Queensland Limited
• Bendigo Bank Limited
• Commonwealth Bank of Australia
• Commonwealth Development Bank of Australia Limited (a subsidiary of Commonwealth Bank of Australia)
• Elders Rural Bank Limited
• Macquarie Bank Limited
• Members Equity Bank Pty Limited
• National Australia Bank Limited
• St George Bank Limited
• Suncorp-Metway Limited
• Westpac Banking Corporation

Foreign Subsidiary Banks

• Arab Bank Australia Limited
• Bank of Cyprus Australia Pty Limited
• BankWest (the trading name of Bank of Western Australia Limited, a foreign subsidiary bank following its sale to Bank of Scotland in December 1995)
• Citibank Pty Limited (a subsidiary of Citibank N.A.)
• HSBC Bank Australia Limited
• ING Bank (Australia) Limited
• Investec Bank (Australia) Limited
• Laiki Bank (Australia) Limited
• NM Rothschild & Sons (Australia) Limited
• Rabobank Australia Limited (a subsidiary of Rabobank Nederland from October 1994)

Branches of Foreign Banks

• ABN AMRO Bank N.V.
• Bank of America, National Association
• Bank of China (subject to depositor protection provisions of the Banking Act 1959)
• Bank of Tokyo-Mitsubishi, Ltd
• Barclays Capital (the trading name of Barclays Bank plc)
• BNP Paribas
• Citibank N.A.
• Credit Suisse
• Deutsche Bank AG
• HSBC Bank plc
• ING Bank NV
• JPMorgan Chase Bank, National Association
• Mizuho Corporate Bank, Ltd
• Oversea-Chinese Banking Corporation Limited
• Rabobank Nederland (the trading name of Co-operative Central Raiffeisen-Boerenleenbank B.A.)
• Royal Bank of Canada
• Société Générale
• Standard Chartered Bank
• State Bank of India
• State Street Bank and Trust Company
• The International Commercial Bank of China
• The Royal Bank of Scotland Plc
• The Toronto-Dominion Bank
• Taiwan Business Bank
• UBS AG
• United Overseas Bank Limited
• WestLB AG

Building Societies

• ABS Building Society Ltd
• B & E Ltd
• Greater Building Society Ltd
• Heritage Building Society Limited
• Home Building Society Ltd
• Hume Building Society Ltd
• IMB Ltd
• Lifeplan Australia Building Society Limited
• Mackay Permanent Building Society Ltd
• Maitland Mutual Building Society Limited
• Newcastle Permanent Building Society Ltd
• Pioneer Permanent Building Society Limited
• The Rock Building Society Limited
• Wide Bay Australia Ltd

Credit Unions

• Amcor Credit Co-operative Limited
• AMP Employees' & Agents Credit Union Limited
• Austral Credit Union Limited
• Australian Central Credit Union Limited
• Australian Defence Credit Union Ltd
• Australian National Credit Union Limited
• AWA Credit Union Limited
• Bananacoast Community Credit Union Ltd
• Bankstown City Credit Union Ltd
• Berrima District Credit Union Ltd
• Big River Credit Union Ltd
• Big Sky Credit Union Ltd
• Blue Mountains and Riverlands Community Credit Union Ltd
• Broadway Credit Union Ltd
• Calare Credit Union Ltd
• Capital Credit Union Ltd
• Capricornia Credit Union Ltd
• Carboy (SA) Credit Union Limited
• Central Murray Credit Union Limited
• Central West Credit Union Limited
• Circle Credit Co-operative Limited
• Coastline Credit Union Limited
• Collie Miners Credit Union Ltd
• Combined Australian Petroleum Employees' Credit Union Ltd
• Community Alliance Credit Union Limited
• Community First Credit Union Limited
• Companion Credit Union Limited
• Comtax Credit Union Limited
• Connect Credit Union of Tasmania Limited
• Country First Credit Union Ltd
• CPS Credit Union (SA) Ltd
• CPS Credit Union Co-operative (ACT) Limited
• Credit Union Australia Ltd
• Credit Union Home Loans Australia Limited
• Credit Union Incitec Pivot Limited
• Croatian Community Credit Union Limited
• CSR and Rinker Employees Credit Union Limited
• Dairy Farmers Credit Union Ltd
• Dana Employees Credit Union
• Defence Force Credit Union Limited
• Discovery Credit Union Ltd
• Dnister Ukrainian Credit Co-operative Limited
• ELCOM Credit Union Ltd
• Electricity Credit Union Ltd
• Encompass Credit Union Limited
• Ericsson Employees Credit Co-operative Limited
• Esso Employees' Credit Union Ltd
• Eurobodalla Credit Union Ltd
• Family First Credit Union Limited
• Fire Brigades Employees' Credit Union Limited
• Fire Service Credit Union Limited
• Firefighters & Affiliates Credit Co-operative Limited
• First Pacific Credit Union Limited
• Fitzroy & Carlton Community Credit Co-operative Limited
• Flying Horse Credit Union Co-operative Limited

Specialist Credit Card Institutions (SCCIs)

Foreign-owned SCCIs

• GE Capital Finance Australia
• GE Finance Australasia Pty Ltd

Locally Incorporated SCCIs

• MoneySwitch Limited

Other ADIs

These companies are run by industry bodies and provide services (e.g. payments clearing) to member building societies and credit unions.

• Australian Settlements Limited
• Credit Union Services Corporation (Australia) Limited
• Creditlink Services Limited

One ADI that provides general banking services which does not fall into the other categories.

• Cairns Penny Savings & Loans Limited