Commonwealth Consolidated Acts

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DATA AVAILABILITY AND TRANSPARENCY ACT 2022 - SECT 123

Designated individuals and designation

  (1)   For the purposes of this Act, the following table specifies individuals who are designated individuals for entities, and each such individual's designation .

 

Designated individuals and designation

Item

Designated individuals

Designation

1

an authorised officer of the entity or an individual authorised under subsection   137(3) or (4)

section   137 and, if applicable, the authorisation of the individual under subsection   137(3) or (4)

2

a statutory officeholder of the entity

the individual's capacity as a statutory officeholder

3

an APS employee in the entity not covered by item   2

the individual's duties as an APS employee

4

an employee, officer or member of the entity not covered by item   2 or 3

the individual's employment or authority

5

an individual who is party to an approved contract with the entity, or an employee, officer or member of a body corporate that is party to an approved contract with the entity

the individual or body corporate's contract with the entity

6

an individual who is an agent appointed by the entity, or an employee, officer or member of a person that is an agent appointed by the entity

the individual or person's authority as an agent

 

  (2)   If, for an individual to whom item   1 of the table in subsection   (1) applies, any of items   2, 3 or 4 of the table also apply, the individual has the designation specified for each applicable item.

  (3)   An individual or body corporate's contract with an entity is an approved contract if:

  (a)   the entity is an accredited entity and party to a data sharing agreement; and

  (b)   the contract is authorised by, or approved under, the data sharing agreement in accordance with any requirements in a data code.



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