Banking (Statistics) Regulations 1989

Statutory Rules 1989 No. 357 as amended

made under the

Banking Act 1959

This compilation was prepared on 1 July 2002
taking into account amendments up to SR 2002 No. 125

[Note:  These regulations were repealed by SR 2002 No. 125]

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Name of regulations [see Note 1] 

 2 Definitions 

 3 Accounting days 

 4 Balance sheets 

 5 Statements of profit and loss 

 6 Statements of assets and liabilities 

 6A Transferring institutions — monthly financial statements 

 7 Directions by APRA — forms 

 9 APRA to publish balance sheets etc 

 10 Repeal of former Banking (Statistics) Regulations 

Schedule 1 Balance sheet 

Schedule 2 Statement of profit and loss 

Schedule 3 Statement of liabilities and assets on the Australian books             

Schedule 4 Monthly financial statement 

Notes  

1 Name of regulations [see Note 1]

  These regulations are the Banking (Statistics) Regulations 1989.

2 Definitions

  In these Regulations, unless the contrary intention appears:

accounting day, for an ADI, means the day fixed under regulation 3 by APRA for the ADI.

Act means the Banking Act 1959.

transferring institution means a body that is taken, under subitem 7 (3) of Schedule 8 to the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, to have been given an authority under subsection 9 (3) of the Banking Act 1959 to carry on banking business.

3 Accounting days

  APRA:

 (a) may fix the day that is to be the accounting day for an ADI for a year or for all years; and

 (b) must give the ADI written notice of the day.

4 Balance sheets

 (1) For the purposes of paragraph 51 (1) (a) of the Act, an ADI, except a foreign ADI, must prepare a balance sheet in accordance with the form in Schedule 1 for each year.

 (2) The balance sheet:

 (a) is to be prepared as at the close of business on the ADI’s accounting day for that year; and

 (b) is to be given to APRA no later than 6 months after that accounting day.

5 Statements of profit and loss

 (1) For the purposes of paragraph 51 (1) (a) of the Act, an ADI, except a foreign ADI, must prepare a statement of profit and loss in accordance with the form in Schedule 2 in respect of each year.

 (2) The statement of profit and loss:

 (a) is to be prepared for the period ending at the close of business on the ADI’s accounting day for that year; and

 (b) is to be given to APRA no later than 6 months after that accounting day.

6 Statements of assets and liabilities

 (1) For the purposes of paragraph 51 (1) (a) of the Act, an ADI must prepare a statement of assets and liabilities on its Australian books in accordance with the form in Schedule 3.

 (2) The statement of assets and liabilities:

 (a) is to be prepared as at the close of business on the last day of each month; and

 (b) is to be given to APRA not later than 14 days after the last day of that month; and

 (c) is not to contain contingent assets or liabilities.

 (3) An account between the head office of an ADI and a branch of the ADI, or between different branches of the ADI, is not to be regarded as an asset or a liability.

6A Transferring institutions — monthly financial statements

 (1) This regulation applies to a transferring institution with assets of a value greater than $50,000,000 at any time in a month, including:

 (a) the month in which this regulation commences; and

 (b) the month immediately before this regulation commences.

 (2) For the purposes of paragraph 51 (1) (a) of the Act, the institution must prepare, and give to APRA, a financial statement for the month, in accordance with the form in Schedule 4.

 (3) The statement:

 (a) is to be prepared as at the close of business on the last day of the month; and

 (b) is to be given to APRA no later than 14 days after that day.

7 Directions by APRA — forms

 (1) APRA may specify in writing the manner in which a form referred to in regulation 4, 5, 6 or 6A is to be completed.

 (2) Anything specified by APRA under subregulation (1) is not to be inconsistent with these Regulations.

9 APRA to publish balance sheets etc

 (1) For the purposes of paragraph 51 (1) (f) of the Act, APRA must prepare and publish for each ADI:

 (a) an annual balance sheet; and

 (b) an annual profit and loss statement; and

 (c) a statement of assets and liabilities for each month.

 (2) However, if APRA is not given relevant accounts, financial reports or other information in relation to the banking business of an ADI, APRA is not required to prepare and publish a balance sheet, profit and loss statement or statement of assets and liabilities for the ADI.

10 Repeal of former Banking (Statistics) Regulations

  Statutory Rules 1962 No. 92, 1966 No. 159, 1968 No. 108, 1970 No. 136, 1971 No. 126, 1972 No. 72, 1974 No. 89, 1975 No. 218, 1980 No. 167, 1981 Nos. 210 and 371, 1982 Nos. 144 and 213, 1984 No. 282, 1986 No. 302, 1987 No. 184, 1988 No. 254 and 1989 Nos. 29 and 81 are repealed.

Schedule 1 Balance sheet

(subregulation 4 (1))

of the (name of ADI) as at the close of business on..........

Notes

(1)   Insert details of shares, including number, denomination, class and total value.

(2)   Insert details of shares issued, including number and amount, denomination and class, and amount paid-up per share. Set out details of reserved liability (if any).

(3)   Include all subordinated debt (term or perpetual) and any other debt instruments accepted as capital by APRA.

(4)   Include provision accounts, except those for bad or doubtful debts.

(5)   State basis of valuation.

(6)   State basis of valuation.

(7)   Deduct both specific and general provisions for bad or doubtful debts.

(8)   State basis of valuation.

(9)   Include remittances in transit.

Schedule 2 Statement of profit and loss

(subregulation 5 (1))

of the (name of ADI) for the period ended.......

$ millions

Notes

(1)   Include all non-interest income attributable to the normal operations of the ADI. Exclude income associated with extraordinary items.

(2)   Include all non-interest expenses attributable to the normal operations of the ADI. Exclude expenses associated with extraordinary items.

(3)   Itemise significant amounts included in this item.

Schedule 3 Statement of liabilities and assets on the Australian books

(subregulation 6 (1))

*   Includes Norfolk Island

Note   in this statement, AUD means Australian dollars.

Notes

(1)   Insert only amounts which are Australian deposits for the purpose of section 13A of the Banking Act 1959.

(2)   This item applies to ADIs within the meaning of ADI in section 5 of the Banking Act 1959.

(3)   When the statement is prepared by the Commonwealth Bank of Australia or the Commonwealth Development Bank of Australia for “shareholders’ funds” substitute “capital and reserve funds”.

Schedule 4 Monthly financial statement

(regulation 6A)

Monthly Financial Statement

name:  [name of transferring financial institution]

month: [month to which financial statement relates]

date prepared:

Note   Items 36, 37 and 38 of this statement relate to dealings by a transferring institution with an ADI that was, before the transfer date:

•         a special service provider; or
•         a credit union or building society; or
•         any other financial institution.

The items are to be completed if the transferring institution had borrowings with ADIs of the relevant type in the month to which this statement relates.  The items should be completed by reference to the status of the ADI immediately before the transfer date.

Notes to the Banking (Statistics) Regulations 1989

Note 1

The Banking (Statistics) Regulations 1989 (in force under the Banking Act 1959) as shown in this compilation comprise Statutory Rules 1989 No. 357 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments

Note 2

Schedule 3 — Subregulation 12.3 of the Statutory Rules 1998 No. 198 provides as follows:

 12.3 Subregulation 1 (c) (i):

Omit “Other Banks3”, substitute “Other ADIs3”.

The proposed amendment was misdescribed and is not incorporated in this compilation.