Federal Register of Legislation - Australian Government

Primary content

Regulations as made
This instrument amends the Corporations Regulations 2001 to provide how information made publicly available under the portfolio holdings disclose regime is to be organised.
Administered by: Treasury
Registered 11 Nov 2021
Tabling HistoryDate
Tabled HR22-Nov-2021
Tabled Senate22-Nov-2021
Table of contents.

Commonwealth Coat of Arms of Australia

 

Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 11 November 2021

David Hurley

Governor‑General

By His Excellency’s Command

Jane Hume

Minister for Superannuation, Financial Services and the Digital Economy

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Corporations Regulations 2001                                                                                                         2

 


1  Name

                   This instrument is the Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

12 November 2021

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Corporations Act 2001.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Corporations Regulations 2001

1  At the end of Division 2E

Add:

Subdivision 2E.2Making portfolio holding information publicly available

7.9.07Z  Kinds of disclosable item for aggregated reporting

             (1)  For the purposes of subsection 1017BB(1A) of the Act, investment items of a kind described in an item of Table 1 in Schedule 8D to these Regulations are a prescribed kind of disclosable item if the table provides that individual asset names are not required to be disclosed for investments items that meet that description.

Example:    Cash assets are required to be organised by the name of the institution and are a prescribed kind of disclosable item as the words “Individual asset names not required to be disclosed” appear immediately below “Name of institution” for cash.

             (2)  For the purposes of subsection 1017BB(1A) of the Act, investment items of a kind described in an item of Table 2, 3 or 4 in Schedule 8D are a prescribed kind of disclosable item.

7.9.07ZA  Way the information must be organised

General rule

             (1)  For the purposes of subsection 1017BB(3) of the Act, the trustee, or the trustees, of the registrable superannuation entity must organise the information about an investment option in a way that:

                     (a)  is consistent with the tables in Schedule 8D to these Regulations; and

                     (b)  is easily downloadable and readable; and

                     (c)  is in one or more formats, with at least one of those formats being a delimited file format.

Different rows or columns in tables

             (2)  For the purposes of paragraph (1)(a), when organising the information about an investment option in a way that is consistent with the tables in Schedule 8D, the tables used for the investment option may have a different number of rows or columns from those in the tables in that Schedule.

Using subsidiary tables

             (3)  Subregulation (1) does not prevent the information about the investment option from being expressed in a table that:

                     (a)  deals only with the investment option; and

                     (b)  makes use of one or more subsidiary tables;

if all of the information referred to in Schedule 8D is readily accessible from that combination of tables.

2  In the appropriate position in Chapter 10

Insert:

Part 10.35Application provisions relating to the Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021

  

10.35.01  Application of amendments relating to portfolio holdings disclosure

            The amendments made by Schedule 1 to the Corporations Amendment (Portfolio Holdings Disclosure) Regulations 2021 apply in relation to reporting days that occur on or after the later of:

                     (a)  31 December 2021; and

                     (b)  the commencement of that Schedule.

3  After Schedule 8C

Insert:

Schedule 8DTables for reporting portfolio holding information

  

(regulations 7.9.07Z and 7.9.07ZA)

1  Table 1—Assets

 

Portfolio Holdings Information for Investment Option [A]—Assets

Summary

Cash

 

Name of Institution

Currency

Value (AUD)

Weighting (%)

Individual asset names not required to be disclosed.

Only disclose the name of the relevant institution for the asset.

Values and weighting for individual assets not disclosed. Only disclose total values and weighting for the asset aggregated by the institution.

Total

 

Fixed Income

Held directly or by associated entities or by PSTs

Internally managed

 

Name of Issuer / Counterparty

Value (AUD)

Weighting (%)

Individual asset names not required to be disclosed.

Only disclose the name of the issuer / counterparty for the asset.

Values and weighting for individual assets not disclosed. Only disclose total values and weighting aggregated by the issuer or counterparty of the asset.

Total

 

Fixed Income

Investment in non‑associated entities;

Held directly or by associated entities or by PSTs

Externally managed

 

Name of Fund Manager

Value (AUD)

Weighting (%)

Individual asset names not required to be disclosed.

Only disclose the name of the fund manager responsible for managing the asset.

Values and weightings for individual assets not disclosed. Only disclose total values and weighting aggregated by the fund manager responsible for managing the asset.

Total

 

Listed Equity

 

Name/kind of investment item

Security Identifier

Units held

Value (AUD)

Weighting (%)

 

 

 

 

 

Total

 

 

Unlisted Equity

Held directly or by associated entities or by PSTs

Internally managed

 

 

Name/kind of investment item

% Ownership

Value (AUD)

Weighting (%)

 

 

Values and weighting for individual assets not disclosed. Only disclose total value and weighting.

Total

 

 

Unlisted Equity

Investment in non‑associated entities;

Held directly or by associated entities or by PSTs

Externally managed

 

 

Name of Fund Manager

Value (AUD)

Weighting (%)

Individual asset names not required to be disclosed.

Only disclose the name of the fund manager responsible for managing the asset.

Values and weightings for individual assets not disclosed. Only disclose total values and weighting aggregated by the fund manager responsible for managing the assets.

Total

 

 

Listed Property

 

 

Name/kind of investment item

Security Identifier

Units held

Value (AUD)

Weighting (%)

 

 

 

 

 

Total

 

 

 

 

Unlisted Property

Held directly or by associated entities or by PSTs

Internally managed

 

 

Name/kind of investment item

Address

% of property held

Value (AUD)

Weighting (%)

 

 

 

Values and weighting for individual assets not disclosed. Only disclose total value and weighting.

Total

 

 

Unlisted Property

Investment in non‑associated entities;

Held directly or by associated entities or by PSTs

Externally managed

 

 

Name of Fund Manager

Value (AUD)

Weighting (%)

Individual asset names not required to be disclosed.

Only disclose the name of the fund manager responsible for managing the asset.

Values and weightings for individual assets not disclosed. Only disclose total values and weighting aggregated by the fund manager responsible for managing the assets.

Total

 

 

Listed Infrastructure

 

 

Name/kind of investment item

Security Identifier

Units held

Value (AUD)

Weighting (%)

 

 

 

 

 

Total

 

 

 

 

Unlisted Infrastructure

Held directly or by associated entities or by PSTs

Internally managed

 

 

Name/kind of investment item

% Ownership

Value (AUD)

Weighting (%)

 

 

Value and weighting for individual assets not disclosed. Only disclose total value and weighting.

Total

 

 

Unlisted Infrastructure

Investment in non‑associated entities;

Held directly or by associated entities or by PSTs

Externally managed

 

 

Name of Fund Manager

Value (AUD)

Weighting (%)

Individual asset names not required to be disclosed.

Only disclose the name of the fund manager responsible for managing the asset.

Values and weightings for individual assets not disclosed. Only disclose total values and weighting aggregated by the fund manager responsible for managing the assets.

Total

 

 

Listed Alternatives

 

 

Name/kind of investment item

Security Identifier

Units held

Value (AUD)

Weighting (%)

 

 

 

 

 

Total

 

 

 

 

Unlisted Alternatives

Held directly or by associated entities or by PSTs

Internally managed

 

 

Name/kind of investment item

Value (AUD)

Weighting (%)

 

Value and weighting for individual assets not disclosed. Only disclose total value and weighting.

Total

 

 

Unlisted Alternative

Investment in non‑associated entities;

Held directly or by associated entities or by PSTs

Externally managed

 

 

Name of Fund Manager

Value (AUD)

Weighting (%)

Individual asset names not required to be disclosed.

Only disclose the name of the fund manager responsible for managing the asset.

Values and weightings for individual assets not disclosed. Only disclose total values and weighting aggregated by the fund manager responsible for managing the assets.

Total

 

 

Total Investment Items

 

 

 

2  Table 2—Derivatives by kind of derivative

 

Portfolio Holdings Information for Investment Option [A]—Derivatives

Kind of derivative

Value

Weighting

Swaps

Values and weighting for individual derivatives not disclosed. Only disclose total values and weighting for this kind of derivative.

Forwards

Values and weighting for individual derivatives not disclosed. Only disclose total values and weighting for this kind of derivative.

Futures

Values and weighting for individual derivatives not disclosed. Only disclose total values and weighting for this kind of derivative.

Options

Values and weighting for individual derivatives not disclosed. Only disclose total values and weighting for this kind of derivative.

Total

 

 

3  Table 3—Derivatives by asset class

 

Portfolio Holdings Information for Investment Option [A]—Derivatives by Asset Class

Asset class

Actual asset allocation (% of total assets (including derivatives) in the investment option)

Effect of derivatives exposure (% of total assets (including derivatives) in the investment option)

Cash

 

 

Fixed Income

 

 

Equities

 

 

Property

 

 

Infrastructure

 

 

Alternatives

 

 

Total

 

 

4  Table 4—Derivatives by currency

 

Portfolio Holdings Information for Investment Option [A]—Derivatives by Currency

Currency exposure

Actual currency exposure (% of assets and derivatives under management)

Effect of derivatives exposure (% of assets and derivatives under management)

AUD

 

 

USD

 

 

Currencies of other developed markets

 

 

Currencies of emerging markets