Data Availability and Transparency Act (Authorised Officers) Authorisation 2025

Overview

The Data Availability and Transparency Act (Authorised Officers) Authorisation 2025 was enacted to facilitate the operationalisation of the Data Availability and Transparency Act 2022, which aims to enhance transparency and data accessibility within the Australian government and its agencies. This notifiable instrument was made by Paul Grimes, Chief Executive Officer of the Australian Trade and Investment Commission (Austrade), under section 137 of the Data Availability and Transparency Act 2022. The policy objective behind the Act is to ensure that data sharing mechanisms are robust and efficient, thereby fostering better governance and accountability. The authorisation of specific individuals as authorised officers is a critical step in ensuring that the data sharing scheme can be effectively implemented and overseen. This authorisation is effective from the day after its registration.

Scope and Application

The Data Availability and Transparency Act (Authorised Officers) Authorisation 2025, made under section 137 of the Data Availability and Transparency Act 2022, provides specific authorisations that apply to particular individuals within the Australian Trade and Investment Commission (Austrade). This authorisation names Paul Grimes, the Chief Executive Officer of Austrade, and any individuals who are SES employees or acting SES employees in the position of Chief Data Officer of Austrade as authorised officers. These authorised officers are granted specific powers and responsibilities under the data sharing scheme outlined in the Data Availability and Transparency Act 2022. The authorisation extends to all individuals who meet the specified criteria within Austrade, and these authorised officers will have the legal authority to enforce and administer the provisions of the Act within their designated roles. The definitions and expressions used in this authorisation instrument are consistent with those in the Data Availability and Transparency Act 2022, ensuring a uniform interpretation and application of the legislation. This authorisation is effective from the day after its registration and is a formal recognition of the individuals’ roles and responsibilities under the data sharing scheme.

Key Provisions

The Data Availability and Transparency Act (Authorised Officers) Authorisation 2025I authorises specific individuals as authorised officers under section 137 of the Data Availability and Transparency Act 2022. The key operative sections include the authorisation of Paul Grimes, the Chief Executive Officer of the Australian Trade and Investment Commission (Austrade), as an authorised officer (section 5). This authorisation empowers Paul Grimes to perform duties related to the data sharing scheme, including those of the Chief Data Officer of Austrade. The instrument commences on the day following its registration (section 2), and it is made under the authority granted by section 137 of the Data Availability and Transparency Act 2022 (section 3). The definitions used in this instrument align with those in the Data Availability and Transparency Act 2022, as stipulated in the Legislation Act 2003 (section 4). The Act imposes obligations on the authorised officers, ensuring that they adhere to the provisions of the Data Availability and Transparency Act 2022. As authorised officers, individuals such as Paul Grimes are expected to uphold the data sharing scheme's requirements and ensure compliance with relevant legislative mandates. These officers are responsible for facilitating and overseeing data availability and transparency as defined by the Act. They must act within the scope of their authority and ensure that all data-related activities align with the legislative framework. Breaches of the obligations and requirements set forth in the Data Availability and Transparency Act 2022 may result in various consequences. Offences under this Act can lead to both civil and criminal penalties. For instance, unauthorised access to or disclosure of data may be subject to criminal prosecution, with potential penalties including fines and imprisonment. The specific penalties vary depending on the nature and severity of the breach but are intended to enforce compliance and protect data integrity. The Act provides for maximum penalties where applicable, ensuring that there are clear consequences for non-compliance.