Data Availability and Transparency (Consequential Amendments) Transitional Rules 2022
made under Schedule 3 of the
Data Availability and Transparency (Consequential Amendments) Act 2022.
Compilation No. 1
Compilation date: 25 November 2023
Includes amendments up to: Data Availability and Transparency (Consequential Amendments) Transitional Rules (Transitional Entity) Amendment Rule 2023 – F2023L01548
About this compilation
This compilation
This is a compilation of the Data Availability and Transparency (Consequential Amendments) Transitional Rules 2022 that shows the text of the law as amended and in force on 25 November 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
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 Register (www.legislation.gov.au). 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 Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
Modifications
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 Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Name....................................................2
3 Authority.................................................2
4 Definitions................................................2
5 Transitional entities..........................................2
6 Conditions of accreditation as an ADSP.............................3
7 Transition period............................................4
Endnotes
Endnote 1—About the endnotes 5
Endnote 2—Abbreviation key 6
Endnote 3—Legislation history 7
Endnote 4—Amendment history 8
1 Name
This instrument is the Data Availability and Transparency (Consequential Amendments) Transitional Rules 2022.
3 Authority
This instrument is made under Schedule 3 to the Data Availability and Transparency (Consequential Amendments) Act 2022.
4 Definitions
(1) In this instrument:
Commonwealth Social Services Department means the Department administered by the Minister who administers the Social Security (International Agreements) Act 1999.
DAT Act means the Data Availability and Transparency Act 2022.
DAT (Consequential Amendments) Act means the Data Availability and Transparency (Consequential Amendments) Act 2022.
Queensland Health means the entity declared to be a department of government under section 197 of the Public Sector Act 2022 (Qld), in the government gazette Public Service Departmental Arrangements Notice (No.1) 2023.
(2) Any other expression used in this instrument that is defined in the DAT Act, or in Schedule 3 to the DAT (Consequential Amendments) Act, has the same meaning in this instrument as it has in the DAT Act or in that Schedule.
5 Transitional entities
For the purposes of the definition of transitional entity in subitem 1(1) of Schedule 3 to the DAT (Consequential Amendments) Act, each entity listed in column 1 of an item in the following table is prescribed as a transitional entity.
Transitional entities | |||
Item | Column 1 Transitional entity | Column 2 Conditions of accreditation as an ADSP | Column 3 Start of transition period |
1 | Australian Bureau of Statistics |
| The day this instrument commences. |
2 | Australian Institute of Family Studies |
| The day this instrument commences. |
3 | Australian Institute of Health and Welfare |
| The day this instrument commences. |
4 | Commonwealth Social Services Department | The entity must not provide secure access data services as part of a project. | The day this instrument commences. |
4A | Queensland Health | The entity must not provide complex data integration services as part of a project unless those services are provided by the Statistical Services Branch undertaking data linkage activities only. The entity must not provide secure access data services as part of a project. The entity must not provide de-identification data services as part of a project. | The day the Data Availability and Transparency (Consequential Amendments) Transitional Rules (Transitional Entity) Amendment Rule 2023 commences. |
5 | Queensland Treasury | The entity must not provide de‑identification data services or complex data integration services as part of a project unless those services are provided by the Queensland Government Statistician’s Office. The entity must not provide secure access data services as part of a project. | The day this instrument commences. |
6 | Victorian Department of Health | The entity must not provide de‑identification data services, complex data integration services or secure access data services as part of a project unless those services are provided by the Centre for Victorian Data Linkage. | The day this instrument commences. |
6 Conditions of accreditation as an ADSP
For the purposes of subitem 2(2) of Schedule 3 to the DAT (Consequential Amendments) Act, a condition (if any) listed in column 2 of an item in the table in section 5 is prescribed as a condition of accreditation as an ADSP applicable to the transitional entity listed in column 1 of that item.
Note: The accreditation of a transitional entity as an ADSP may also be subject to other conditions under the DAT Act.
7 Transition period
For the purposes of the definition of transition period in subitem 1(1) of Schedule 3 to the DAT (Consequential Amendments) Act, the transition period for a transitional entity listed in column 1 of an item in the table in section 5 is the period:
(a) beginning at the start of the day listed in column 3 of that item; and
(b) ending at the earliest of the following:
(i) if the Commissioner renews the transitional entity’s accreditation as an ADSP under section 84 of the DAT Act—the start of the day when the renewed accreditation takes effect;
(ii) if the Commissioner cancels the transitional entity’s accreditation as an ADSP under section 81 of the DAT Act—the start of the day when the cancellation takes effect;
(iii) the end of 30 July 2025.
Endnotes
Endnote 1—About the endnotes
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
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
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.
Misdescribed amendments
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 Legislation Act 2003.
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.
Endnote 2—Abbreviation key
ad = added or inserted | orig = original |
am = amended | par = paragraph(s)/subparagraph(s) |
amdt = amendment | /sub‑subparagraph(s) |
c = clause(s) | pres = present |
C[x] = Compilation No. x | prev = previous |
Ch = Chapter(s) | (prev…) = previously |
def = definition(s) | Pt = Part(s) |
Dict = Dictionary | r = regulation(s)/rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislation | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LA = Legislation Act 2003 | Sdiv = Subdivision(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
o = order(s) | commenced or to be commenced |
Ord = Ordinance |
|
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Data Availability and Transparency (Consequential Amendments) Transitional Rules 2022 | 28/09/2022 | 29/09/2022 | s.5, 6, 7 |
Data Availability and Transparency (Consequential Amendments) Transitional Rules (Transitional Entity) Amendment Rule 2023 | 24/11/2023 | 25/11/2023 | - |
Endnote 4—Amendment history
Provision affected | How affected |
s.2 | rep LA s.48D |
s.4 | ad def - F2023L01548 |
s.5 | am - F2023L01548 |