Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"access" has a meaning affected by section 10.
"accreditation authority" means:
(a) for an entity applying for accreditation, or accredited, as an ADSP--the Commissioner; or
(b) for a Commonwealth body, State body or Territory body, or the Commonwealth or a State or Territory, applying for accreditation, or accredited, as an accredited user--the Minister; or
(c) for another entity applying for accreditation, or accredited, as an accredited user--the Commissioner.
"accredited entity" : see subsection 11(4).
"accredited user" : see subsection 11(4).
"ADSP" : see subsection 11(4).
ADSP-controlled access ": see subsection" 16B(6).
"ADSP-enhanced data" : see subsection 11A(3).
"adverse or qualified security assessment" means an adverse security assessment, or a qualified security assessment, within the meaning of Part IV of the Australian Security Intelligence Organisation Act 1979 .
"ancillary contravention" of a civil penalty provision means a contravention that arises out of the operation of section 92 of the Regulatory Powers Act.
"ancillary offence" has the same meaning as in the Criminal Code .
"APP entity" has the same meaning as in the Privacy Act 1988 .
APP-equivalence term ": see subsection" 16E(2).
"appointed member" : see paragraph 62(1)(e).
"approved contract" : see subsection 123(3).
"approved form" for a provision of this Act, the rules or a data code means a form approved by the Commissioner for the purposes of the provision under section 132.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian aircraft" has the same meaning as in the Criminal Code .
"Australian entity" means an entity that is any of the following:
(a) a Commonwealth body, a State body or a Territory body;
(b) the Commonwealth, a State or a Territory;
(c) an Australian university.
"Australian ship" has the same meaning as in the Criminal Code .
"Australian university" means a registered higher education provider:
(a) that, for the purposes of the Tertiary Education Quality and Standards Agency Act 2011 , is registered in the "Australian University" provider category; and
(b) that is established by or under a law of the Commonwealth, a State or a Territory.
"authorised officer" : see section 137.
(a) means personal information about any measurable biological or behavioural characteristic relating to an individual that could be used to identify the individual or verify the individual's identity; and
(b) includes a biometric template containing representations of information mentioned in paragraph (a).
Note: Data that is not personal information cannot be biometric data. For example, an eye colour, by itself, is not biometric data.
"breach" : a data scheme entity breaches this Act if the data scheme entity engages in conduct that contravenes, or is inconsistent with, this Act.
"Circuit Court" means the Federal Circuit and Family Court of Australia (Division 2) .
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"Commissioner" means the National Data Commissioner referred to in section 41.
"Commonwealth body" :
(a) means:
(i) a Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013 ; or
(ii) any other person or body that is an agency within the meaning of the Freedom of Information Act 1982 ; but
(b) does not include an Australian university.
"complex data integration service" : see subsection 16D(3).
"condition of accreditation" means a condition:
(a) prescribed by the rules for the purposes of subsection 77B(1); or
(b) imposed under section 74, 78 or 84.
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"Council" means the National Data Advisory Council established by section 61.
"court/tribunal order" means an order, direction or other instrument made by:
(a) a court; or
(b) a judge (including a judge acting in a personal capacity) or a person acting as a judge; or
(c) a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or
(d) any other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or
(e) a tribunal; or
(f) a member or an officer of a tribunal;
and includes an order, direction or other instrument that is of an interim or interlocutory nature.
"data" means any information in a form capable of being communicated, analysed or processed (whether by an individual or by computer or other automated means).
"data breach" : see section 35.
"data code" : see subsection 126(1).
"data custodian" : see subsection 11(2).
"data scheme entity" : see subsection 11(1).
"data service" means any operation performed on or in relation to data, at any stage from collection or creation to destruction.
"data sharing agreement" : see section 18.
"data sharing purpose" : see subsection 15(1).
"data sharing scheme" means this Act and the regulations, rules, data codes and guidelines made under it.
"Defence Department" means the Department administered by the Minister administering the Defence Act 1903 .
de-identification data service : see subsection " " 16C(3).
"de-identified" has the same meaning as in the Privacy Act 1988 .
"delivery of government services" : see subsection 15(1A).
"designated individual" : see section 123.
"designation" : see section 123.
"electronic communication" means a communication of information in any form by means of guided electromagnetic energy, unguided electromagnetic energy or both.
"enforcement related purpose" : see subsection 15(3).
"engage in conduct" means:
(a) do an act; or
(b) omit to do an act.
"entity" means any of the following:
(a) a Commonwealth body, a State body or a Territory body;
(b) a body politic;
(c) an Australian university;
(d) a body corporate;
(e) an individual.
"excluded entity" : see subsection 11(3).
"Federal Court" means the Federal Court of Australia.
"final output" of a project means the output specified as the agreed final output in the data sharing agreement for the project (see paragraph 19(3)(b)).
"government entity" : see subsection 125A(4).
"guidelines" means guidelines made under section 127.
"offence against this Act" includes an offence against section 6 of the Crimes Act 1914 , or Chapter 7 of the Criminal Code , that relates to this Act.
Note: Ancillary offences that relate to this Act are also offences against this Act (see section 11.6 of the Criminal Code ).
"operational data" means:
(a) data about information sources or operational activities or methods available to an agency mentioned in paragraph 17(2)(b); or
(b) data about particular operations that have been, are being or are proposed to be undertaken by such an agency, or about proceedings relating to those operations.
"output" : see subsection 11A(1).
"paid work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
"personal information" has the same meaning as in the Privacy Act 1988 .
Note: Information that has been de - identified is no longer personal information.
"point" : see subsection 136(9).
"precluded purpose" : see subsections 15(2) and (4).
"primary contravention" of a civil penalty provision means a contravention that does not arise out of the operation of section 92 of the Regulatory Powers Act.
"primary offence" has the same meaning as in the Criminal Code .
"project" : see section 11A.
"public sector data" means data lawfully collected, created or held by or on behalf of a Commonwealth body, and includes ADSP - enhanced data.
registered ": a data sharing agreement is" registered if the agreement is included in the register of data sharing agreements under subsection 130(4).
"regulatory function" means a function set out in subsection 45(1).
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"release" : see subsection 10(1).
"reviewable decision" : see section 118.
"reviewer" : see section 118.
"rules" means rules made under subsection 133(1).
"scheme data" means:
(a) any copy of data created for the purpose of being shared under section 13 as part of a project and held by the entity that is the sharer mentioned in that section, whether or not the data has yet been shared; or
(b) output of a project, other than a copy that has exited the data sharing scheme (see section 20E); or
(c) ADSP - enhanced data of a project, other than a copy that has exited the data sharing scheme (see section 20E).
secure access data service ": see subsection" 16C(4).
"security" has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .
"share" : see subsection 10(2).
"source data" : see paragraph 19(3)(a).
"State body" means any of the following, but does not include an Australian university:
(a) a department of a State;
(b) a body established for a public purpose by or under a law of a State, other than a body prescribed by the rules;
(c) the holder of a statutory office appointed under a law of a State, other than an office prescribed by the rules.
"submit" : see subsection 20A(3).
"Territory body" means any of the following, but does not include an Australian university:
(a) a department of a Territory;
(b) a body established for a public purpose by or under a law of a Territory, other than a body prescribed by the rules;
(c) the holder of a statutory office appointed under a law of a Territory, other than an office prescribed by the rules.
"use" includes handle, store and provide access.
Note: Examples of use of data by an accredited user include developing and modifying output.