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Data Availability and Transparency Act 2022
In force
Administered by
Department of Finance
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C2024C00820 C04
11 December 2024
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Chapter 1—Preliminary
Part 1.1—Introduction
1 Short title
2 Commencement
3 Objects
4 Simplified outline of this Act
5 Act binds the Crown
6 Extension to external Territories
7 Extraterritorial operation
Part 1.2—Definitions
9 Definitions
10 References to access to data
11 Entity definitions
11A The data sharing project
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Chapter 2—Authorisations
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Part 2.1—Introduction
12 Simplified outline of this Chapter
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Part 2.2—Authorisations
13 Authorisation for data custodian to share public sector data
13A Authorisation for accredited user to collect and use data
13B Authorisation for ADSP to act as intermediary
13C Authorisation for data custodian to collect and use submitted data
14 Penalties for unauthorised sharing
14A Penalties for unauthorised collection or use
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Part 2.3—Data sharing purposes and principles
15 Data sharing purposes
16 Data sharing principles
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Part 2.4—Privacy protections
16A General privacy protections
16B Purpose specific privacy protections
16C Project involving use of de identification or secure access data services
16D Project involving complex data integration services
16E Privacy coverage condition
16F Compliance with APP equivalence term
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Part 2.5—When sharing is barred
17 When sharing is barred
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Part 2.6—Data sharing agreements
18 Data sharing agreement
19 Requirements to be met by all data sharing agreements
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Part 2.7—Allowed access to output of project
20A Allowed access: providing data custodian of source data with access to ADSP enhanced data or output
20B Allowed access: providing access to output for validation or correction
20C Allowed access: providing access to or releasing output in other circumstances
20D Allowed access: sharing under section 13
20E Exit of ADSP enhanced data or output of project
20F Data custodian of output of project
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Part 2.8—Relationship with other laws
22 Other authorisations for data custodians not limited
23 Authorisations override other laws
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Chapter 3—Responsibilities of data scheme entities
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Part 3.1—Introduction
24 Simplified outline of this Chapter
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Part 3.2—General responsibilities
25 No duty to share but reasons required for not sharing
26 Comply with rules and data codes
27 Have regard to guidelines
30 Comply with conditions of accreditation
31 Report events and changes in circumstances affecting accreditation to Commissioner
32 Not provide false or misleading information
33 Registration of data sharing agreements
34 Assist Commissioner in relation to annual report
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Part 3.3—Data breach responsibilities
35 Definition of data breach
36 Take steps to mitigate data breach
37 Interaction with Part IIIC of the Privacy Act 1988 (notification of eligible data breaches)
38 Notify Commissioner of non personal data breach
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Chapter 4—National Data Commissioner and National Data Advisory Council
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Part 4.1—Introduction
39 Simplified outline of this Chapter
40 Commissioner to have regard to objects of Act
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Part 4.2—National Data Commissioner
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Division 1—Establishment, functions and powers
41 National Data Commissioner
42 Functions
43 Advice related functions
44 Guidance related functions
45 Regulatory functions
45A Education and support related functions
46 Application of finance law
47 Staff
48 Contractors
49 Consultants
50 Delegation by Commissioner
51 Independence of Commissioner
52 Commissioner not to be sued
Division 2—Terms and conditions etc.
53 Appointment
54 General terms and conditions of appointment
55 Other paid work
56 Remuneration
57 Leave of absence
58 Resignation
58A Disclosure of interests to Minister
59 Termination of appointment
60 Acting appointments
Part 4.3—National Data Advisory Council
61 Establishment and function of Council
62 Membership of Council
63 Appointment of members
64 Term of appointment
65 Remuneration and allowances
66 Leave of absence
67 Disclosure of interests to Minister or Commissioner
68 Disclosure of interests to Council
69 Resignation of members
70 Termination of appointment of members
71 Other terms and conditions of members
72 Procedures
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Chapter 5—Regulation and enforcement
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Part 5.1—Introduction
73 Simplified outline of this Chapter
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Part 5.2—Accreditation framework
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Division 1—Accreditation
74 Accreditation
75 Notice of accreditation decision
76 Application for accreditation
77 Criteria for accreditation
77A General provisions relating to accreditation
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Division 2—Conditions of accreditation
77B Conditions of accreditation
78 Imposition, variation or removal of conditions of accreditation by accreditation authority
79 Notice before decision relating to conditions of accreditation
80 Notice of conditions
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Division 3—Suspension and cancellation of accreditation
81 Suspension or cancellation of accreditation
82 Notice before decision about suspension or cancellation
83 Notice of suspension or cancellation
83A Lifting of suspension
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Division 4—Renewal of accreditation of ADSPs
84 Renewal
85 Notice of renewal decision
85A Application for renewal
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Division 5—Rules and further information
86 Rules relating to the accreditation framework
87 Further information or evidence
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Part 5.3—Complaints
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Division 1—Scheme Complaints
88 Making scheme complaints
89 Respondents
90 Communicating with complainant
91 Dealing with complaints
92 Grounds for not dealing with complaints
93 Admissibility of things said or done in conciliation
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Division 2—General complaints
94 Making general complaints
95 Dealing with complaints
96 Admissibility of things said or done in conciliation
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Part 5.4—Assessments and investigations
99 Assessments
100 Notices of assessment
101 Investigations
102 Determination on completion of investigation
103 Notices relating to investigation
103A Recommendations
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Part 5.5—Regulatory powers and enforcement
104 Power to require information and documents
105 Legal professional privilege
106 Limits on power to require information and documents
107 Transfer of matters to appropriate authority
108 Authorisation for Commissioner to disclose and receive information
109 Monitoring powers
110 Investigation powers
112 Directions
113 Civil penalty provisions
114 Infringement notices
115 Enforceable undertakings
116 Injunctions
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Chapter 6—Other matters
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Part 6.1—Introduction
117 Simplified outline of this Chapter
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Part 6.2—Review of decisions
118 Reviewable decisions
119 Applications for reconsideration of decisions made by delegates of the reviewer
120 Reconsideration by reviewer
121 Deadline for reconsideration
122 Review by the Administrative Review Tribunal
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Part 6.3—Extension of authorisations and attribution of conduct
123 Designated individuals and designation
124 Extension of authorisations to share, collect or use data
125 Other things an entity may or must do under the data sharing scheme
125A Contraventions by entities of civil penalty provisions and other non criminal breaches of this Act
125B Offences by entities against this Act
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Part 6.4—Data sharing scheme instruments
126 Data codes
127 Guidelines
128 Register of ADSPs
129 Register of accredited users
130 Register of data sharing agreements
131 Recognition of external dispute resolution schemes
132 Approved forms
133 Rules
134 Regulations
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Part 6.5—Other matters
135 Disclosure of scheme data in relation to information gathering powers
135A Data held by National Archives of Australia
136 Geographical jurisdiction of civil penalty provisions and offences
137 Authorised officers and individuals authorised to do particular things
137A Delegation by Minister
138 Annual report
139 Charging of fees by Commissioner
140 Charging of fees by data scheme entities
141 Commonwealth not liable to pay a fee
142 Periodic reviews of operation of Act
143 Sunset of the data sharing scheme
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
