Data Availability and Transparency Act 2022

Subject to this section, this Act ceases to have effect at the end of the day (the sunset day) that is the fifth anniversary of the commencement of this section.

Section 7 of the Acts Interpretation Act 1901 (effect of repeal or amendment of Act) applies in relation to this section.

Despite subsection (1), regulations may be made under section 134 for the purposes of subsection (3) of this section at any time during the period starting 12 months before the sunset day and ending immediately before the first anniversary of the sunset day.

The regulations may, for the purposes of ensuring that scheme data is appropriately dealt with, prescribe matters of a transitional nature relating to this Act ceasing to have effect under subsection (1), including:

prescribing any saving or application provisions; and

the matters set out in subsections (4) to (7).

The regulations may provide that certain provisions of this Act continue to apply, or to apply in a modified way, after the sunset day, for the purposes set out in the regulations. Those provisions continue to apply, or continue to apply in the modified way, as set out in the regulations.

For example, the regulations may continue in existence the Commissioner and the Council.

The regulations may empower the Commissioner to give a data scheme entity, or an entity that was a data scheme entity before the sunset day, a written direction requiring the entity to take, or not to take, specified actions in order to ensure that scheme data is appropriately dealt with in connection with this Act ceasing to have effect.

The regulations may create offences or civil penalties for failure to comply with a direction mentioned in subsection (5).

The regulations may prescribe:

penalties, not exceeding 50 penalty units for individuals and entities other than bodies corporate or 250 penalty units for bodies corporate, for offences against the regulations; and

civil penalties, not exceeding 300 penalty units for individuals and entities other than bodies corporate or 1,500 penalty units for bodies corporate, for contraventions of the regulations.

Regulations made for the purposes of subsection (3) of this section must not have the effect of allowing data to be shared under section 13 (authorisation for data custodian to share public sector data) after the sunset day.

All legislative instruments made under this Act (including regulations made for the purposes of subsection (3) of this section) are repealed on the first anniversary of the sunset day.