Document ID: chunk:federal_register_of_legislation:C2024C00820:section:19:p1
Version: federal_register_of_legislation:C2024C00820
Segment Type: section
Provision Reference: s 19 (pt 1/3)
Character Range: 72482–75150

19  Requirements to be met by all data sharing agreements
 (1A) The requirements in this section must be met by all data sharing agreements.
Note: There are other requirements that, depending on the nature of the project, must be met by some data sharing agreements. See sections 16A and 16B.
 (1) The parties to the agreement must be identified in the agreement.
 (2) The agreement must describe the project and specify that this Act applies to the project.
 (3) The agreement must specify:
 (a) the public sector data that the data custodian is to share (including any ADSP‑enhanced data an ADSP is to share on behalf of the data custodian) (the source data); and
 (b) the output of the project that the data custodian and accredited user agree is to be the final output.
 (4) The agreement must:
 (a) specify the data custodian of the source data; and
 (b) if the agreement appoints a Commonwealth body as data custodian of output of the project in accordance with section 20F—specify the output and explain why the appointment has been made.
Note: If the accredited user is a Commonwealth body, the agreement may appoint the accredited user as the Commonwealth body that is to be data custodian of the output.
 (5) The agreement must specify the title of any law that the sharing would contravene but for section 23 (authorisation to share overrides other laws).
 (6) The agreement must:
 (a) specify:
 (i) the data sharing purpose, or data sharing purposes, of the project; and
 (ii) if, under the agreement, the accredited user is to be allowed to use output of the project for any purpose incidental to that purpose or those purposes—any such incidental purpose; and
 (b) except in relation to any use of the output allowed in accordance with section 20D—prohibit the accredited user from collecting and using output of the project for any of the following:
 (i) any purpose not specified;
 (ii) any precluded purpose.
 (6A) The agreement must prohibit the accredited user from creating output of the project, other than:
 (a) the final output; and
 (b) output the creation of which is reasonably necessary or incidental to creation of the final output.
 (7) The agreement must specify how the project will be consistent with the data sharing principles, including by:
 (a) describing how the public interest is served by the project; and
 (b) specifying the actions the party will take to give effect to the principles.
 (8) If the sharing is being done through an ADSP, the agreement must:
 (a) specify any data services the ADSP is to perform in relation to public sector data shared with the ADSP by the data custodian; and
 (b) specify the circumstances in