sec.91GCAAuthorised disclosure to particular entities for data sharing purposes

sec.91GCA Authorised disclosure to particular entities for data sharing purposes

AEMO may disclose protected information to the following entities (each a relevant entity) if the disclosure is for a data sharing purpose mentioned in subsection (2) : any of the following: an Australian university; a research facility that is part of an Australian university and conducting research in relation to energy; an Australian university researcher who is conducting research in relation to energy; Energy Consumers Australia; the Australian Renewable Energy Agency; the Clean Energy Finance Corporation; a prescribed body; a person or body who— satisfies any requirements or criteria prescribed for the purposes of this paragraph; or is a member of a class of persons or bodies prescribed for the purposes of this paragraph; any staff assisting a person or body mentioned above in performing its functions or exercising its powers. For the purposes of this section, each of the following is a data sharing purpose : the delivery of government services; informing government planning, policy or programs; research in relation to energy. However, AEMO must not disclose protected information under this section for any of the following purposes: detecting, investigating, prosecuting or punishing— an offence; or a contravention of a law punishable by a pecuniary penalty; detecting, investigating or addressing acts or practices detrimental to public revenue; detecting, investigating or addressing serious misconduct; conducting surveillance or monitoring, or intelligence-gathering activities; conducting protective or custodial activities; enforcing a law relating to the confiscation of proceeds of crime; preparing for, or conducting, proceedings before a court or tribunal or implementing a court or tribunal order. AEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (1) . Subject to the requirements of subsections (7) , (8) and (10) and any conditions imposed under subsection (4) , a relevant entity to which protected information is disclosed under subsection (1) may use the information for the data sharing purpose for which it was disclosed. Subject to the requirements of subsections (7) , (8) and (10) and any conditions imposed under subsection (4) , a person to whom protected information is disclosed under subsection (1) may use the information in the ordinary course of carrying out functions as an officer or employee of a relevant entity. A relevant entity to which protected information is disclosed for a data sharing purpose under subsection (1) must not use the information for another purpose (a secondary purpose ) unless— AEMO has given written consent for the use or disclosure of the information for the secondary purpose; or the entity is authorised by or under another Act or law to use or disclose the information for the secondary purpose. A relevant entity to which protected information is disclosed under subsection (1) — must take reasonable steps to protect the information from— misuse, interference or loss; and unauthorised use, access, modification or disclosure; and must ensure that the information is de-identified or destroyed when the information is no longer required. Subsection (10) applies if a relevant entity to which protected information is disclosed under subsection (1) reasonably suspects or becomes aware that a requirement under subsection (7) or (8) has not been complied with. The entity must make a report to the AER about the non-compliance— as soon as practicable, but not later than 5 business days, after the entity reasonably suspects or becomes aware that the requirement has not been complied with; and in the form (if any) approved and published by the AER. In this section— Australian university means a registered higher education provider— that, for the purposes of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth, is registered in the “Australian University” provider category; and that is established by or under a law of the Commonwealth or a State or Territory; Australian university researcher means— a member of staff of an Australian university; or an undergraduate or postgraduate student of an Australian university; or a consultant to an Australian university; court or tribunal order — means an order, direction or other instrument made by— a court; or a judge (including a judge acting in a personal capacity) or a person acting as a judge; or a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or any other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or a tribunal; or a member or an officer of a tribunal; and includes an order, direction or other instrument that is of an interim or interlocutory nature; delivery of government services means the delivery of any of the following services by the Commonwealth or a State or Territory: providing information; providing services, other than services relating to a payment, entitlement or benefit; determining eligibility for a payment, entitlement or benefit; paying a payment, entitlement or benefit. Subsections (7) , (8) and (10) are civil penalty provisions. s 91GCA ins 2025 No. 7 (SA) s 14 (sec.91GCA-ssec.1) AEMO may disclose protected information to the following entities (each a relevant entity) if the disclosure is for a data sharing purpose mentioned in subsection (2) : any of the following: an Australian university; a research facility that is part of an Australian university and conducting research in relation to energy; an Australian university researcher who is conducting research in relation to energy; Energy Consumers Australia; the Australian Renewable Energy Agency; the Clean Energy Finance Corporation; a prescribed body; a person or body who— satisfies any requirements or criteria prescribed for the purposes of this paragraph; or is a member of a class of persons or bodies prescribed for the purposes of this paragraph; any staff assisting a person or body mentioned above in performing its functions or exercising its powers. (sec.91GCA-ssec.2) For the purposes of this section, each of the following is a data sharing purpose : the delivery of government services; informing government planning, policy or programs; research in relation to energy. (sec.91GCA-ssec.3) However, AEMO must not disclose protected information under this section for any of the following purposes: detecting, investigating, prosecuting or punishing— an offence; or a contravention of a law punishable by a pecuniary penalty; detecting, investigating or addressing acts or practices detrimental to public revenue; detecting, investigating or addressing serious misconduct; conducting surveillance or monitoring, or intelligence-gathering activities; conducting protective or custodial activities; enforcing a law relating to the confiscation of proceeds of crime; preparing for, or conducting, proceedings before a court or tribunal or implementing a court or tribunal order. (sec.91GCA-ssec.4) AEMO may impose conditions to be complied with in relation to protected information disclosed under subsection (1) . (sec.91GCA-ssec.5) Subject to the requirements of subsections (7) , (8) and (10) and any conditions imposed under subsection (4) , a relevant entity to which protected information is disclosed under subsection (1) may use the information for the data sharing purpose for which it was disclosed. (sec.91GCA-ssec.6) Subject to the requirements of subsections (7) , (8) and (10) and any conditions imposed under subsection (4) , a person to whom protected information is disclosed under subsection (1) may use the information in the ordinary course of carrying out functions as an officer or employee of a relevant entity. (sec.91GCA-ssec.7) A relevant entity to which protected information is disclosed for a data sharing purpose under subsection (1) must not use the information for another purpose (a secondary purpose ) unless— AEMO has given written consent for the use or disclosure of the information for the secondary purpose; or the entity is authorised by or under another Act or law to use or disclose the information for the secondary purpose. (sec.91GCA-ssec.8) A relevant entity to which protected information is disclosed under subsection (1) — must take reasonable steps to protect the information from— misuse, interference or loss; and unauthorised use, access, modification or disclosure; and must ensure that the information is de-identified or destroyed when the information is no longer required. (sec.91GCA-ssec.9) Subsection (10) applies if a relevant entity to which protected information is disclosed under subsection (1) reasonably suspects or becomes aware that a requirement under subsection (7) or (8) has not been complied with. (sec.91GCA-ssec.10) The entity must make a report to the AER about the non-compliance— as soon as practicable, but not later than 5 business days, after the entity reasonably suspects or becomes aware that the requirement has not been complied with; and in the form (if any) approved and published by the AER. (sec.91GCA-ssec.11) In this section— Australian university means a registered higher education provider— that, for the purposes of the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth, is registered in the “Australian University” provider category; and that is established by or under a law of the Commonwealth or a State or Territory; Australian university researcher means— a member of staff of an Australian university; or an undergraduate or postgraduate student of an Australian university; or a consultant to an Australian university; court or tribunal order — means an order, direction or other instrument made by— a court; or a judge (including a judge acting in a personal capacity) or a person acting as a judge; or a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or any other person or body that has the power to act judicially under a law of the Commonwealth or a State or Territory; or a tribunal; or a member or an officer of a tribunal; and includes an order, direction or other instrument that is of an interim or interlocutory nature; delivery of government services means the delivery of any of the following services by the Commonwealth or a State or Territory: providing information; providing services, other than services relating to a payment, entitlement or benefit; determining eligibility for a payment, entitlement or benefit; paying a payment, entitlement or benefit.