DATA AVAILABILITY AND TRANSPARENCY (CONSEQUENTIAL AMENDMENTS) BILL 2020
This is a Bill, not an Act. For current law, see the Acts databases.
DATA AVAILABILITY AND TRANSPARENCY (CONSEQUENTIAL AMENDMENTS) BILL 2020
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Data Availability and Transparency
(Consequential Amendments) Bill 2020
No. , 2020
(Prime Minister)
A Bill for an Act to deal with consequential matters
in connection with the
Data Availability and
Transparency Act 2020
, and for related purposes
No. , 2020
Data Availability and Transparency (Consequential Amendments) Bill
2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Administrative Decisions (Judicial Review) Act 1977
3
Australian Security Intelligence Organisation Act 1979
3
Freedom of Information Act 1982
4
Privacy Act 1988
4
No. , 2020
Data Availability and Transparency (Consequential Amendments) Bill
2020
1
A Bill for an Act to deal with consequential matters
1
in connection with the
Data Availability and
2
Transparency Act 2020
, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Data Availability and Transparency (Consequential
6
Amendments) Act 2020
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Data Availability and Transparency (Consequential Amendments) Bill
2020
No. , 2020
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
At the same time as the
Data Availability
and Transparency Act 2020
commences.
However, the provisions do not commence
at all if that Act does not commence.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2020
Data Availability and Transparency (Consequential Amendments) Bill
2020
3
Schedule 1--Amendments
1
2
Administrative Decisions (Judicial Review) Act 1977
3
1 After paragraph (yc) of Schedule 1
4
Insert:
5
(yd) any of the following decisions about the accreditation of a
6
foreign entity under Part 5.2 of the
Data Availability and
7
Transparency Act 2020
, if made for reasons of security
8
(within the meaning of the
Australian Security Intelligence
9
Organisation Act 1979
):
10
(i) to refuse to accredit the entity;
11
(ii) to suspend or cancel accreditation;
12
(iii) to impose, vary or remove a condition of accreditation;
13
Australian Security Intelligence Organisation Act 1979
14
2 Subsection 35(1) (at the end of paragraph (a) of the
15
definition of
prescribed administrative action
)
16
Add "or".
17
3 Subsection 35(1) (after paragraph (e) of the definition of
18
prescribed administrative action
)
19
Insert:
20
; or (f) the exercise of a power under Part 5.2 (accreditation
21
framework) of the
Data Availability and Transparency Act
22
2020
.
23
4 At the end of subsection 36(1)
24
Add:
25
; or (d) a security assessment in respect of a foreign entity within the
26
meaning of the
Data Availability and Transparency Act
27
2020
, in relation to the exercise of a power under Part 5.2
28
(accreditation framework) of that Act.
29
Schedule 1
Amendments
4
Data Availability and Transparency (Consequential Amendments) Bill
2020
No. , 2020
Freedom of Information Act 1982
1
5 After subsection 7(2E)
2
Insert:
3
(2F) An agency is exempt from the operation of this Act in relation to
4
the following documents:
5
(a) a document comprising ADSP-enhanced data within the
6
meaning of the
Data Availability and Transparency Act 2020
7
(the
DAT Act
);
8
(b) a document that was shared with or through the agency under
9
subsection 13(1) of the DAT Act;
10
(c) a document that:
11
(i) contains a summary of, or an extract or information
12
from, a document mentioned in paragraph (a) or (b), to
13
the extent that it contains such a summary, extract or
14
information; and
15
(ii) is not output within the meaning of the DAT Act.
16
Privacy Act 1988
17
6 Subsection 50(1) (after paragraph (a) of the definition of
18
alternative complaint body
)
19
Insert:
20
(aa) the National Data Commissioner; or
21
7 After subparagraph 50(2)(a)(i)
22
Insert:
23
(ia) to the National Data Commissioner under Part 5.3 of the
24
Data Availability and Transparency Act 2020
; or
25
8 After subparagraph 50(3)(a)(i)
26
Insert:
27
(ia) to the National Data Commissioner under Part 5.3 of the
28
Data Availability and Transparency Act 2020
; or
29