Document ID: chunk:federal_register_of_legislation:F2022L01722:reg:6:p1
Version: federal_register_of_legislation:F2022L01722
Segment Type: reg
Provision Reference: reg 6 (pt 1/2)
Character Range: 3287–6094

6  Access to data by foreign individuals—notice to Australian Security Intelligence Organisation

Application of this section
 (1) This section applies if:
 (a) a designated individual for an entity (the responsible entity) is neither an Australian citizen nor a permanent resident; and
 (b) the individual is permitted by a data sharing agreement to access data.

Consistency with people principle—responsible entity
 (2) The responsible entity cannot be satisfied that the project to which the data sharing agreement relates is consistent with the people principle set out in subsection 16(3) of the Act unless:
 (a) the responsible entity has provided the following material to the Australian Security Intelligence Organisation:
 (i) an electronic copy of the signed data sharing agreement;
 (ii) the details about the individual that are specified in subsection (4); and
 (b) at least 14 days have passed since the material was provided.
Note 1: Other requirements in relation to the people principle are set out in the Data Availability and Transparency Code 2022.
Note 2: An accredited entity may be required to provide other parties to the data sharing agreement with information about foreign individuals (such as their affiliations) as part of the application of the data sharing principles and, in particular, the people principle.
Note 3: A data custodian is not authorised by section 13 of the Act to share data, and an accredited entity is not authorised by section 13A or 13B of the Act to collect or use data, unless it is satisfied that the project is consistent with the data sharing principles.

Consistency with people principle—entities other than responsible entity
 (3) An entity other than the responsible entity cannot be satisfied that the project to which the data sharing agreement relates is consistent with the people principle set out in subsection 16(3) of the Act unless:
 (a) it has been informed, in writing, by the responsible entity that the responsible entity has provided the material mentioned in paragraph (2)(a) to the Australian Security Intelligence Organisation; and
 (b) at least 14 days have passed since it was so informed.
Note 1: Other requirements in relation to the people principle are set out in the Data Availability and Transparency Code 2022.
Note 2: An accredited entity may be required to provide other parties to the data sharing agreement with information about foreign individuals (such as their affiliations) as part of the application of the data sharing principles and, in particular, the people principle.
Note 3: A data custodian is not authorised by section 13 of the Act to share data, and an accredited entity is not authorised by section 13A or 13B of the Act to collect or use data, unless it is satisfied that the project is consistent