Data Availability and Transparency Act 2022

The following provisions of this Act are subject to monitoring under Part 2 of the Regulatory Powers Act:

a civil penalty provision;

an offence against section 14 or 14A (penalties for unauthorised sharing, collection and use) and subsection 104(3) (failure to comply with notice given under subsection 104(1));

a provision of Chapter 3 (responsibilities of data scheme entities).

Part 2 of the Regulatory Powers Act creates a framework for monitoring whether a provision is being complied with. It includes powers of entry and inspection.

Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.

Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.

For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):

there are no related provisions; and

the Commissioner is an authorised applicant; and

the Commissioner is an authorised person; and

any judicial officer within the meaning of the Regulatory Powers Act is an issuing officer; and

the Commissioner is the relevant chief executive; and

each of the following is a relevant court:

the Federal Court;

the Circuit Court;

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).

The person assisting must have the necessary skills, qualifications or experience (see subsection 45(2)).