Senate

Explanatory Memorandum

(Circulated by authority of the Minister for Government Services, the Hon Stuart Robert MP)

Outline and financial impact

The Data Availability and Transparency (Consequential Amendments) Bill 2020 amends the Australian Security Intelligence Organisation Act 1979, the Administrative Decisions (Judicial Review) Act 1977, the Freedom of Information Act 1982, and the Privacy Act 1988 to support the operation of the Data Availability and Transparency Bill 2020.

Proposal announced: the Data Availability and Transparency Bill 2020 and this Bill form part of the 2018-19 Budget measure; "Delivering Australia's Digital Future - data sharing and release arrangements", and the 2020-21 Budget measure "Department of the Prime Minister and Cabinet - additional resourcing ".

Financial impact: $20.5 million from 2018-19 to 2021-22, and $11.1 million from 2020-21 over 4 years and $0.7 million ongoing from 2024-25.

Compliance cost impact: The measure will increase average regulatory costs by $0.11 million over two years, comprising a cost to business of $0.2 million per year, to community organisations of $0.06 million, and to individuals of $0.02 million per year.

The Productivity Commission Inquiry Report into Data Availability and Use has been certified as being informed by a process and analysis equivalent to a Regulation Impact Statement (RIS) for the purposes of the Government decision to implement this legislation. The Data Availability and Use report can be found at this link:
www.pc.gov.au/inquiries/completed/data-access/report .

Human rights implications: This Bill is compatible with human rights, and to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate. Refer to the Statement of Compatibility with Human Rights in Part 3 below.