Document ID: chunk:federal_register_of_legislation:F2022L01719:reg:6:p2
Version: federal_register_of_legislation:F2022L01719
Segment Type: reg
Provision Reference: reg 6 (pt 2/3)
Character Range: 7043–9825

benefits to individuals or groups of people, including commercial benefits, that can reasonably be expected to result from the project;
 (iii) any benefits to Australian citizens, permanent residents and other people in Australia that can reasonably be expected to result from the project;
 (iv) if the data sharing purpose of the project is or includes informing government policy and programs—the desirability of government policy and programs being informed by evidence that can reasonably be expected to result from the project;
 (v) any adverse impacts on individuals or groups of people, including impacts related to privacy, that can reasonably be expected to result from the project;
 (vi) if the data sharing purpose of the project is or includes research and development—whether, and when, output of the project will be released; and
 (b) may consider any other matters the entity thinks relevant, including any of the following:
 (i) any issues relevant to Australia's national interests, as set out in policies of the Australian government;
 (ii) the social, economic, environmental, cultural and other benefits that can reasonably be expected to result from the project;
 (iii) the social, economic, environmental, cultural and other costs that can reasonably be expected to result from the project, or to result from the project not being undertaken.
Note 1: For example, a research project conducted by an Australian university may be in the public interest if a sector of Australian industry benefits from the research, even if the university also benefits commercially as a result of undertaking the research.
Note 2: A project can reasonably be expected to serve the public interest even if adverse impacts on some people, or on groups of people, can reasonably be expected. This is possible as long as other matters that must or may be considered under this subsection mean that, overall, the benefits that can reasonably be expected outweigh the adverse impacts.

Projects that do not serve the public interest
 (6) If the data sharing purpose of the project is or includes informing government policy and programs, or research and development, the project cannot reasonably be expected to serve the public interest if the only benefits that can reasonably be expected to result from the project are either or both of the following:
 (a) benefits that will serve the interests of another nation, or the people of another nation;
 (b) a commercial benefit to an entity other than an Australian entity.
Note: The Act defines Australian entity as:
(a) a Commonwealth body, State body or Territory body (each of these expressions is also defined in the Act); or
(b) the Commonwealth, a State or a Territory; or
(c) an Australian university (also defined in the Act).