Acts of Parliament assented to – Act No. 11 to 33 of 2022

Legislation au C2022G00445 In force Gazette

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Acts of Parliament assented to – Act No. 11 to 33 of 2022

 

It is hereby notified, for general information, that His Excellency the Governor-General, in the name of Her Majesty, assented to the undermentioned Acts passed by the Senate and the House of Representatives in the Parliament assembled, viz.:

Assented to on 31 March 2022:

 No. 11 of 2022—An Act to authorise the sharing of public sector data, and for related purposes. (Data Availability and Transparency Act 2022).

 No. 12 of 2022—An Act to deal with consequential matters in connection with the Data Availability and Transparency Act 2022, and for related purposes. (Data Availability and Transparency (Consequential Amendments) Act 2022).

 No. 13 of 2022—An Act to amend the Terrorism Insurance Act 2003 in order to establish a cyclone and related damage reinsurance pool operated by the Australian Reinsurance Pool Corporation, and for related purposes. (Treasury Laws Amendment (Cyclone and Flood Damage Reinsurance Pool) Act 2022).

 No. 14 of 2022—An Act to amend the law relating to taxation, employee share schemes and product stewardship, to amend the National Health Act 1953, to provide for a one-off cost of living payment, and for related purposes. (Treasury Laws Amendment (Cost of Living Support and Other Measures) Act 2022).

 No. 15 of 2022—An Act to amend the Excise Tariff Act 1921, and for related purposes. (Excise Tariff Amendment (Cost of Living Support) Act 2022).

 No. 16 of 2022—An Act to amend the Customs Tariff Act 1995, and for related purposes. (Customs Tariff Amendment (Cost of Living Support) Act 2022).

Assented to on 1 April 2022:

 No. 18 of 2022—An Act to impose a levy on registered holders of petroleum production licences, and for related purposes. (Offshore Petroleum (Laminaria and Corallina Decommissioning Cost Recovery Levy) Act 2022).

 No. 19 of 2022—An Act to appropriate additional money out of the Consolidated Revenue Fund for the ordinary annual services of the Government, and for related purposes. (Appropriation Act (No. 3) 2021-2022).

 No. 20 of 2022—An Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes. (Appropriation Act (No. 4) 2021-2022).

 No. 21 of 2022—An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government, and for related purposes.
(Supply Act (No. 1) 2022-2023).

 No. 22 of 2022—An Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes. (Supply Act (No. 2) 2022-2023).

 No. 23 of 2022—An Act to appropriate money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes. (Supply (Parliamentary Departments) Act (No. 1) 2022-2023).

 No. 24 of 2022—An Act to amend the law relating to taxation, and for related purposes. (Treasury Laws Amendment (Laminaria and Corallina Decommissioning Cost Recovery Levy) Act 2022).

 No. 25 of 2022—An Act to amend the Social Security Act 1991, and for related purposes. (Social Security Amendment (Improved Child to Adult Transfer for Carer Payment and Carer Allowance) Act 2022).

 No. 26 of 2022—An Act to amend the law relating to human cloning and research involving human embryos, and for related purposes. (Mitochondrial Donation Law Reform (Maeve’s Law) Act 2022).

 No. 27 of 2022—An Act to amend the National Disability Insurance Scheme Act 2013, and for related purposes. (National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Act 2022).

 No. 28 of 2022—An Act to amend the law relating to social security and veterans’ entitlements, and for related purposes. (Social Services and Other Legislation Amendment (Pension Loans Scheme Enhancements) Act 2022).

 No. 29 of 2022—An Act to amend the Australian Research Council Act 2001, and for related purposes. (Australian Research Council Amendment Act 2022).

 No. 30 of 2022—An Act to amend the Criminal Code Act 1995, and for related purposes. (Criminal Code Amendment (Firearms Trafficking) Act 2022).

 No. 31 of 2022—An Act to amend the law relating to national security and intelligence services, and for related purposes. (National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Act 2022).

 No. 32 of 2022—An Act to amend the law relating to social security, and for related purposes. (Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2022).

 No. 33 of 2022—An Act to amend legislation relating to critical infrastructure, and for other purposes. (Security Legislation Amendment (Critical Infrastructure Protection) Act 2022).

 

 

 

 

 

 

 

 

C A Surtees

Clerk of the House of Representatives

Overview

The Data Availability and Transparency Act 2022 was assented to on 31 March 2022, enacted by the Parliament of Australia. This Act was introduced to address the gap in the availability and transparency of public sector data. The policy objective of this Act is to enhance the accessibility and openness of public sector data, fostering a more informed and engaged community by allowing for greater data sharing while ensuring that privacy and security concerns are adequately managed. The Act aims to strike a balance between the need for transparency and the protection of sensitive information. The Data Availability and Transparency (Consequential Amendments) Act 2022 was also assented to on 31 March 2022 by the Parliament of Australia. This Act was introduced to address issues arising from the implementation of the Data Availability and Transparency Act 2022. It ensures that the new legislative framework aligns with existing laws and addresses any consequential amendments needed to support the effective functioning of the new regime. This Act aims to smooth the transition to the new data availability and transparency standards by resolving any legal inconsistencies or gaps.

Scope and Application

The Data Availability and Transparency Act 2022 applies to all Commonwealth entities, including departments, agencies, and public sector organisations. The Act aims to promote transparency and accessibility of public sector data, empowering citizens with better access to government-held information. The Act's jurisdiction is limited to the Commonwealth, and there are no stated exclusions or exemptions. The Act may be extended or restricted through subordinate instruments such as regulations or guidelines issued by relevant authorities. This legislation provides a framework for the sharing and disclosure of public sector data while ensuring compliance with privacy and security requirements. The Treasury Laws Amendment (Cost of Living Support and Other Measures) Act 2022, among other provisions, applies to individuals and entities subject to Australian taxation laws. This Act, along with the Excise Tariff Amendment (Cost of Living Support) Act 2022 and the Customs Tariff Amendment (Cost of Living Support) Act 2022, seeks to address the rising cost of living by providing financial relief through various measures, including a one-off cost-of-living payment. These Acts cover the entire nation and apply to all taxpayers, businesses, and importers affected by the changes in excise duties and customs tariffs. The Acts do not specify any exclusions or exemptions, but the application may be refined or clarified through subordinate instruments such as regulations or administrative guidelines.

Key Provisions

The Data Availability and Transparency Act 2022 (No. 11 of 2022) introduces provisions that facilitate the sharing of public sector data while ensuring transparency and accountability. Section 5 of the Act outlines the requirements for agencies to provide access to public sector data, subject to certain conditions, including privacy and security considerations (s5). The Act also mandates that agencies must publish a data catalogue that describes the data available for sharing, the terms of access, and the processes for obtaining data (s6). Additionally, Section 10 requires agencies to implement measures to protect the integrity and confidentiality of the data they share (s10). Obligations under this Act include the responsibility of public sector agencies to comply with data-sharing protocols and to ensure that any shared data adheres to privacy and security standards (s7). Agencies must also take reasonable steps to ensure that the data they share is accurate and up-to-date (s8). Furthermore, Section 11 imposes a duty on agencies to report any breaches of data-sharing protocols to the relevant authorities (s11). For breaches of the provisions outlined in the Act, penalties may be imposed. According to Section 15, any person who intentionally or recklessly provides false or misleading information in a data catalogue may be subject to a civil penalty of up to $10,000 (s15(1)). Furthermore, Section 16 stipulates that any person who intentionally or recklessly causes a breach of data integrity or confidentiality may be liable to a civil penalty of up to $50,000 (s16(1)). Criminal penalties may also apply in cases of serious misconduct, with Section 18 imposing penalties of up to $200,000 or imprisonment for up to five years, or both, for wilful breaches of the Act (s18).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.