Document ID: chunk:federal_register_of_legislation:C2024C00820:section:11
Version: federal_register_of_legislation:C2024C00820
Segment Type: section
Provision Reference: s 11
Character Range: 24412–27197

11  Entity definitions
 (1) The following are data scheme entities:
 (a) data custodians of public sector data;
 (b) accredited entities.
 (2) An entity is a data custodian if the entity:
 (a) is a Commonwealth body; and
 (b) is not an excluded entity; and
 (c) either:
 (i) controls public sector data (whether alone or jointly with another entity), including by having the right to deal with that data; or
 (ii) has become the data custodian of output of a project in accordance with section 20F.
 (2A) If a data custodian of public sector data shares the data with an intermediary under section 13 as part of a project, the data custodian is taken also to be the data custodian of any ADSP‑enhanced data of the project.
 (3) Each of the following is an excluded entity:
 (aa) the National Data Commissioner and any APS employee made available to the National Data Commissioner under section 47;
 (a) the National Anti‑Corruption Commission;
 (ab) the Inspector of the National Anti‑Corruption Commission;
 (b) the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002;
 (ba) the Australian Federal Police;
 (c) that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation;
 (d) the Australian National Audit Office;
 (e) the Australian Secret Intelligence Service;
 (f) the Australian Security Intelligence Organisation;
 (g) the Australian Signals Directorate;
 (h) that part of the Defence Department known as the Defence Intelligence Organisation;
 (i) the Inspector‑General of Intelligence and Security;
 (j) the Office of the Commonwealth Ombudsman;
 (k) the Office of National Intelligence.
 (4) An entity accredited under section 74 as an:
 (a) accredited user (an accredited user); or
 (b) ADSP (short for accredited data service provider) (an ADSP);
is an accredited entity.
Note 1: Accredited users are able to collect and use shared data (including by creating output they can provide other entities with access to, or release) in accordance with an applicable data sharing agreement. ADSPs are expert intermediaries who can assist data custodians to prepare and share data appropriately.
Note 2: Excluded entities cannot be accredited (see subsection 74(1)).
 (5) A data scheme entity may do things under this Act in different capacities. In each of those capacities, the entity is taken to be a different data scheme entity. Among other things, this means that a data scheme entity may enter into a data sharing agreement to which it is party in more than one capacity.
Note: For example, the same entity may be party to the agreement in its capacity as data custodian of data to be shared and in its capacity as the accredited entity with which the data is shared.