Data Availability and Transparency Regulations 2022 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This instrument is the
Data Availability and Transparency Regulations 2022 .
This instrument is made under the
Data Availability and Transparency Act 2022 .
In this instrument:
Act means theData Availability and Transparency Act 2022 .
System Operator has the same meaning as in theMy Health Records Act 2012 .
For the purposes of subparagraph 17(4)(a)(i) of the Act, the provisions of Acts and legislative instruments specified in the following table are prescribed.
Note: Sharing that is prohibited by a prescribed provision is barred under the data sharing scheme.
section 122 | |
section 25A | |
subsection 40ZA(2) subsection 60A(2) | |
section 17 section 28 | |
section 56 | |
subsection 8A(5) section 81 section 92 | |
section 74 | |
section 106, as that section continues to apply in accordance with item 330 of Schedule 1 to the | |
section 150 section 150AA | |
section 16 section 16AA | |
section 15JQ section 15JR section 15LB section 15LC paragraph 85ZS(1)(d) paragraph 85ZU(b) paragraph 85ZW(b) | |
section 104.22 section 105.45 section 122.1 section 122.2 section 122.3 section 122.4A | |
section 73A | |
section 58 | |
section 36 section 37 | |
section 37 | |
section 106ZR | |
subsection 21(3) | |
section 41 | |
section 77B subsection 90(6) section 92 | |
section 98 section 101 section 228 section 233 section 234 | |
section 99 section 104 | |
paragraph 29(5)(e) subsection 38PE(3) subsection 38PF(2) section 40 section 41 section 45 section 46 section 46A section 46B section 46D section 46F section 46G section 46H | |
section 217 clause 16 of Schedule 1 | |
section 65 | |
subsection 72A(2) subsection 72B(2) | |
section 79A | |
section 45 | |
subsection 315H(3) subsection 317ZF(1) | |
section 63 section 108 section 133 section 181A section 181B section 182 section 182A | |
subsection 16(3) section 22 section 22A section 22B section 28 section 28A | |
For the purposes of subparagraph 17(4)(a)(ii) of the Act, the provisions of Acts and legislative instruments specified in the following table are prescribed.
Note: Sharing that is prohibited by an order, direction, certificate or other instrument made by an officer of the Commonwealth under a prescribed provision is barred under the data sharing scheme.
subsection 7(1) subsection 13(1) subsection 14(2) subsection 14(3) | |
subsection 26(2) subsection 26(3) | |
For the purposes of paragraph 17(4)(b) of the Act, the following are prescribed as entities that must not share data in the capacity of data custodian:
(a) the System Operator, while acting in its capacity as System Operator;
(b) the data custodian within the meaning of the
My Health Records Act 2012 , while acting in its capacity as data custodian within the meaning of that Act;(c) the Chief Executive Medicare, while acting in his or her capacity as a registered repository operator under section 38 of, or clause 10 of Schedule 1 to, the
My Health Records Act 2012 ;(d) any other entity that is a participant in the My Health Records system within the meaning of the
My Health Records Act 2012 , while acting in its capacity as participant in the My Health Records system within the meaning of that Act.
For the purposes of paragraph 17(4)(c) of the Act, sharing is barred if the data was collected for the purposes of:
(a) the
Commonwealth Electoral Act 1918 ; or(b) the
Referendum (Machinery Provisions) Act 1984 .
For the purposes of paragraph 17(4)(c) of the Act, sharing is barred if:
(a) the data is the contents of, or an extract from, an instrument given or furnished to the Director of Public Prosecutions under subsection 8(1) of the
Director of Public Prosecutions Act 1983 ; and(b) the relevant time for the purposes of section 8 of that Act has not occurred in relation to the instrument.
For the purposes of paragraph 17(4)(c) of the Act, sharing is barred if the data is held by the Director of Professional Services Review for the purposes of Part VAA (the Professional Services Review Scheme) of the
Health Insurance Act 1973 .
For the purposes of paragraph 17(4)(c) of the Act, sharing is barred if:
(a) the data is health information (within the meaning of the
Privacy Act 1988 ) about a person, including a deceased person; and(b) the data is included in a record held by, or on behalf of, the Department administered by the Minister administering the
Australian Border Force Act 2015 ; and(c) the record was created at a time when the person was a detainee within the meaning of the
Migration Act 1958 .
For the purposes of paragraph 17(4)(c) of the Act, sharing is barred if the data is COVID app data within the meaning of the
Privacy Act 1988 .
For the purposes of paragraph 17(4)(c) of the Act, sharing is barred if the data:
(a) was produced by, or given to or obtained by, a Royal Commission within the meaning of the
Royal Commissions Act 1902 (whether or not the data is still required for the purposes of the Royal Commission); and(b) has not been made publicly available in accordance with that Act.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Data Availability and Transparency Regulations 2022 | 13 Apr 2022 (F2022L00601) | 14 Apr 2022 (s 2(1) item 1) | |
Fair Work and Other Legislation Amendment (Secure Jobs, Better Pay) Regulations 2023 | 30 May 2023 (F2023L00625) | Sch 1 (item 42): 31 May 2023 (s 2(1) item 6) | — |
National Anti‑Corruption Commission (Consequential Amendments) Regulations 2023 | 20 June 2023 (F2023L00814) | Sch 1 (items 1, 2): 1 July 2023 (s 2(1) item 1) | — |
s 2............................................. | rep LA s 48D |
s 5............................................. | am F2023L00625; F2023L00814 |
0
0
0