Data Availability and Transparency Act (Authorised Officers) Authorisation 2024

Overview

The Data Availability and Transparency Act (Authorised Officers) Authorisation 2024 was enacted to streamline the authorisation of officers within the Department of Defence to perform specific duties related to data sharing. This authorisation under section 137 of the Data Availability and Transparency Act 2022 was introduced to address the need for clear designation of roles and responsibilities in managing data sharing within the department. Authorised officers, including the Associate Secretary, Deputy Secretary Governance, Chief Data Integration Officer, and Assistant Secretary Data Governance and Services, are empowered to perform various tasks such as entering into data sharing agreements, making decisions on data integration, and maintaining necessary records. This authorisation ensures that the department can efficiently manage and oversee data sharing activities in compliance with the Act.

Scope and Application

The Data Availability and Transparency Act (Authorised Officers) Authorisation 2024, dated 27 March 2024, serves to appoint authorised officers within the Department of Defence for specific functions under the Data Availability and Transparency Act 2022. This authorisation applies to individuals holding or performing the duties of certain offices within the Department, including the Associate Secretary, Deputy Secretary Governance, Chief Data Integration Officer, and Assistant Secretary Data Governance and Services. These officers are empowered to engage in activities such as entering into data sharing agreements, making variations to these agreements, and making decisions regarding the integration of data as per the provisions of the Act. The instrument derives its authority from section 137 of the Data Availability and Transparency Act 2022 and includes definitions that align with those used in the principal Act, ensuring consistency in interpretation and application. The authorisation commences on the day after its registration, and it extends its reach to the specified officers within the Department of Defence, thereby facilitating the operational aspects of the data sharing scheme mandated by the Act.

Key Provisions

The Data Availability and Transparency Act (Authorised Officers) Authorisation 2024I specifies roles and authorisations within the Department of Defence for the purposes of the Data Availability and Transparency Act 2022. Under this instrument, certain officers are designated as authorised officers for the data sharing scheme (section 5). Specifically, the Associate Secretary, Deputy Secretary Governance, Chief Data Integration Officer, and Assistant Secretary Data Governance and Services are named as authorised officers for the data sharing scheme (subsection 137(2) of the Act). These officers have the authority to enter into variations to data sharing agreements and make decisions about data integration, including the application of subsection 16D(4) to proposed data integrations and the making of required records under subsection 16D(6) (subsection 137(3) and (4) of the Act). The obligations imposed by this instrument primarily concern the designated officers within the Department of Defence. These officers are tasked with the responsibility of executing data sharing agreements, entering into variations to those agreements, and making decisions regarding data integration as outlined in the Act (subsection 137(4)). They must ensure that their actions are in accordance with the provisions of the Data Availability and Transparency Act 2022 and that they properly fulfil their roles in the data sharing scheme. This includes the meticulous documentation and decision-making processes as stipulated under subsection 16D(4) and 16D(6) of the Act. For breaches of the obligations set out in the Data Availability and Transparency Act 2022, there are potential criminal and civil consequences. The Act itself, though not detailed in this authorisation, provides for various offences and penalties for non-compliance. Penalties can include fines and imprisonment, depending on the nature and severity of the breach. The maximum penalties are stipulated within the Act, but they are not explicitly detailed in this authorisation. It is essential that the authorised officers adhere strictly to the provisions to avoid any legal repercussions, which may include both civil and criminal liabilities.