Australian Government

Federal Register of Legislation

Data Availability and Transparency Code 2022

In force

Administered by

Department of Finance

This item is authorised by the following title:

Data Availability and Transparency Act 2022

Latest version

View as made version

F2025C00711 (C01)

20 June 2025

Table of contents

Part 1—Preliminary
Part 2—Data sharing principles
Part 4—Requirements to be met by all data sharing agreements 24 Purpose of Part For an entity to be authorised to share data with another entity under the Act, the project the sharing is part of must be covered by a registered data sharing agreement that is in effect and meets the requirements of the Act. This Part sets out additional requirements that a data sharing agreement must meet for the purposes of the Act. 25 Requirements for data sharing agreements involving state or territory data For the purposes of subsection 19(16) of the Act, this section prescribes requirements that must be met by a data sharing agreement under which: (a) the source data is, or includes, data that is state or territory data; and (b) the data custodian of the source data obtained the state or territory data: (i) from a State body or a Territory body (a state or territory data provider); and (ii) under another contract or agreement (a provisioning agreement). The requirements are that the data sharing agreement specify: (a) the state or territory data included in the source data; and (b) the state or territory data provider of the state or territory data; and (c) whether there are any conditions in the provisioning agreement related to the data custodian sharing the state or territory data; and (d) if there are such conditions in the provisioning agreement—how the sharing of the source data under the agreement is consistent with those conditions. Note: This section applies where state or territory data is obtained by a data custodian under one agreement and shared through another agreement (being a data sharing agreement). Part 9—Miscellaneous
- Division 1—
- Part 4—Requirements to be met by all data sharing agreements 24 Purpose of Part For an entity to be authorised to share data with another entity under the Act, the project the sharing is part of must be covered by a registered data sharing agreement that is in effect and meets the requirements of the Act. This Part sets out additional requirements that a data sharing agreement must meet for the purposes of the Act. 25 Requirements for data sharing agreements involving state or territory data For the purposes of subsection 19(16) of the Act, this section prescribes requirements that must be met by a data sharing agreement under which: (a) the source data is, or includes, data that is state or territory data; and (b) the data custodian of the source data obtained the state or territory data: (i) from a State body or a Territory body (a state or territory data provider); and (ii) under another contract or agreement (a provisioning agreement). The requirements are that the data sharing agreement specify: (a) the state or territory data included in the source data; and (b) the state or territory data provider of the state or territory data; and (c) whether there are any conditions in the provisioning agreement related to the data custodian sharing the state or territory data; and (d) if there are such conditions in the provisioning agreement—how the sharing of the source data under the agreement is consistent with those conditions. Note: This section applies where state or territory data is obtained by a data custodian under one agreement and shared through another agreement (being a data sharing agreement). Part 9—Miscellaneous
  - Part 4—Requirements to be met by all data sharing agreements 24 Purpose of Part For an entity to be authorised to share data with another entity under the Act, the project the sharing is part of must be covered by a registered data sharing agreement that is in effect and meets the requirements of the Act. This Part sets out additional requirements that a data sharing agreement must meet for the purposes of the Act. 25 Requirements for data sharing agreements involving state or territory data For the purposes of subsection 19(16) of the Act, this section prescribes requirements that must be met by a data sharing agreement under which: (a) the source data is, or includes, data that is state or territory data; and (b) the data custodian of the source data obtained the state or territory data: (i) from a State body or a Territory body (a state or territory data provider); and (ii) under another contract or agreement (a provisioning agreement). The requirements are that the data sharing agreement specify: (a) the state or territory data included in the source data; and (b) the state or territory data provider of the state or territory data; and (c) whether there are any conditions in the provisioning agreement related to the data custodian sharing the state or territory data; and (d) if there are such conditions in the provisioning agreement—how the sharing of the source data under the agreement is consistent with those conditions. Note: This section applies where state or territory data is obtained by a data custodian under one agreement and shared through another agreement (being a data sharing agreement). Part 9—Miscellaneous
  - Part 4—Requirements to be met by all data sharing agreements 24 Purpose of Part For an entity to be authorised to share data with another entity under the Act, the project the sharing is part of must be covered by a registered data sharing agreement that is in effect and meets the requirements of the Act. This Part sets out additional requirements that a data sharing agreement must meet for the purposes of the Act. 25 Requirements for data sharing agreements involving state or territory data For the purposes of subsection 19(16) of the Act, this section prescribes requirements that must be met by a data sharing agreement under which: (a) the source data is, or includes, data that is state or territory data; and (b) the data custodian of the source data obtained the state or territory data: (i) from a State body or a Territory body (a state or territory data provider); and (ii) under another contract or agreement (a provisioning agreement). The requirements are that the data sharing agreement specify: (a) the state or territory data included in the source data; and (b) the state or territory data provider of the state or territory data; and (c) whether there are any conditions in the provisioning agreement related to the data custodian sharing the state or territory data; and (d) if there are such conditions in the provisioning agreement—how the sharing of the source data under the agreement is consistent with those conditions. Note: This section applies where state or territory data is obtained by a data custodian under one agreement and shared through another agreement (being a data sharing agreement). Part 9—Miscellaneous