Data Availability and Transparency (Authorised Officers—Treasury) Authorisation 2022
I, Steven Kennedy, Secretary to the Treasury, make the following instrument.
Dated 8 September 2022
Steven Kennedy
Secretary
Department of the Treasury
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Authorised officers in the Treasury for the purposes of the data sharing scheme
5 Authorised officers in the Treasury
Part 1—Preliminary
1 Name
This instrument is the Data Availability and Transparency (Authorised Officers—Treasury) Authorisation 2022.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Data Availability and Transparency Act 2022.
4 Definitions
Note: Expressions have the same meaning in this instrument as in the Data Availability and Transparency Act 2022 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
In this instrument:
the Act means the Data Availability and Transparency Act 2022.
the Treasury means the Department of the Treasury.
Part 2—Authorised officers in the Treasury for the purposes of the data sharing scheme
5 Authorised officers in the Treasury
Under subsection 137(2) the Act, each person holding, occupying or performing the duties of each of the following offices or positions in the Treasury, has been authorised to be an authorised officer for the purposes of the data sharing scheme:
(a) a Deputy Secretary;
(b) an SES employee whose duties or responsibilities include data strategy and governance for the Treasury.
Overview
The Data Availability and Transparency (Authorised Officers—Treasury) Authorisation 2022 was enacted to provide specific authorisation to certain officers within the Department of the Treasury to act as authorised officers under the Data Availability and Transparency Act 2022. This legislation was introduced by Steven Kennedy, the Secretary to the Treasury, and is designed to streamline the process of data sharing within the Treasury by clearly identifying the authorised officers responsible for overseeing data strategy and governance. The enactment of this authorisation ensures that the Treasury can effectively participate in the data sharing scheme mandated by the Act, thereby enhancing transparency and efficiency in the handling of data within the department. The instrument was authorised under the Data Availability and Transparency Act 2022, with the aim of facilitating compliance with the legislative requirements concerning data availability and transparency.
Scope and Application
The Data Availability and Transparency (Authorised Officers—Treasury) Authorisation 2022 establishes the framework under which certain officers within the Department of the Treasury are authorised to act as authorised officers in relation to a data sharing scheme. This authorisation is made under the Data Availability and Transparency Act 2022, and it applies to specific individuals who hold, occupy, or perform the duties of specified offices or positions within the Treasury, such as a Deputy Secretary or a Senior Executive Service (SES) employee responsible for data strategy and governance. The authorisation extends to the whole of Australia and comes into effect the day after the instrument is registered. The Act itself, as well as the definitions and terms used in this authorisation, are consistent with those outlined in the Data Availability and Transparency Act 2022. This authorisation does not specify any exclusions or exemptions, and its scope is limited to the authorised officers identified within the Treasury.
Key Provisions
The Data Availability and Transparency (Authorised Officers—Treasury) Authorisation 2022 (section 1) outlines the authorisation of specific officers within the Department of the Treasury to act as authorised officers under the Data Availability and Transparency Act 2022 (section 4). This authorisation allows these officers to engage in activities related to data sharing as stipulated by the Act. The instrument commences on the day after its registration (section 2(1)). Key roles identified for authorisation include Deputy Secretaries (section 5(a)) and Senior Executive Service (SES) employees whose roles encompass data strategy and governance within the Treasury (section 5(b)).
Under the Act, these authorised officers are tasked with specific duties related to the data sharing scheme, including the facilitation and oversight of data sharing processes within the Treasury. The authorisation extends to their ability to act on behalf of the Treasury in matters pertaining to the data sharing scheme, ensuring compliance with the provisions of the Data Availability and Transparency Act 2022. These officers are expected to maintain the integrity and security of data while promoting transparency and accessibility in accordance with the Act's requirements.
The Act imposes a series of obligations on the authorised officers, including adherence to the data sharing scheme's protocols and policies. They must ensure that data is shared in a manner that is consistent with the Act's objectives, which include enhancing transparency and promoting the efficient use of data. Furthermore, these officers are required to act with due diligence and integrity, ensuring that data is handled in a secure and confidential manner, in line with the Act's provisions. They must also be proactive in identifying and addressing any issues that may arise in the course of data sharing activities.
Breaches of the Act's provisions can result in both civil and criminal penalties. Civil penalties may include fines up to a specified maximum amount, as determined by the Act. Criminal penalties may also apply, depending on the severity and nature of the breach. For instance, officers found guilty of serious breaches may face imprisonment, in addition to fines. The Act provides for enforcement mechanisms to be put in place to ensure compliance, with the possibility of legal action being taken against non-compliant officers. The specific penalties and consequences for breaches are detailed within the Act and can vary based on the circumstances of the breach.