APRA And ASIC Release Paper On Breach Reporting By Dual-Regulated Institutions

LAWFUEL – The Australia Law Jobs Newswire – The Australian Prudential Regulation Authority (APRA) and the Australian Securities and Investments Commission (ASIC) today issued a discussion paper on a proposed online breach reporting system for dual-regulated institutions.

The proposed system aims to simplify the process for regulated institutions to report breaches and reduce breach reporting duplication faced by those institutions regulated by both APRA and ASIC. The superannuation industry is already using an online system to report breaches to APRA. The proposed system will:

• enable all APRA-regulated institutions – authorised deposit-taking institutions, general insurers, life insurance companies, friendly societies and superannuation licensees – to report breaches to APRA online; and

• enable those institutions regulated by both APRA and ASIC to report online breach notifications required to be lodged with both regulators through a single breach report to APRA, thereby eliminating the requirement for jointly regulated institutions to provide separate breach reports for the same incident to both regulators.

APRA member, Mr John Trowbridge, said APRA and ASIC are working closely to reduce the breach reporting burden for dual regulated institutions and improve supervisory effectiveness.

‘This online system will allow all APRA-regulated institutions to report breaches in an efficient and low-cost way. Additionally, it will save them the requirement to report breaches separately to both regulators’, he said.

ASIC Deputy Chairman, Mr Jeremy Cooper said, ‘The cooperation between APRA and ASIC on this initiative demonstrates the joint regulatory effort to achieve better outcomes for regulated entities’.

‘Breach notifications provide APRA and ASIC with valuable information to help identify emerging trends or issues, as well as alerting APRA and ASIC to specific breaches of the law’, he added.The proposal follows the recent passage through Parliament of the Financial Sector Legislation Amendment (Simplifying Regulation and Reform) Act 2007. The Act introduces a consistent definition of reportable breaches across all institutions in APRA-regulated industries and all ASIC-regulated Australian Financial Services licensees.

APRA and ASIC invite interested parties to comment on the proposals by 31 October 2007. The discussion paper is available on the APRA website at www.apra.gov.au and the ASIC website at www.asic.gov.au.

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