Digital Id (Transitional and Consequential Provisions) Rules 2024 (Cth)
made under item 10 of Schedule 1 to the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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These rules are the
Digital ID (Transitional and Consequential Provisions) Rules 2024 .
These rules commence at the same time as the
Digital ID (Transitional and Consequential Provisions) Act 2024 commences.
These rules are made under item 10 of Schedule 1 to the
Digital ID (Transitional and Consequential Provisions) Act 2024 .Note 1: Item 10 of Schedule 1 to the Act (
the Schedule ) relevantly provides that:(a) the Minister may make rules prescribing matters required or permitted by the Schedule to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the Schedule;
(b) without limiting the rule-making power mentioned in paragraph (a), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to the enactment of the Schedule or the Digital ID Act;
(c) rules made for the purposes of item 10 of the Schedule before the end of 12 months after commencement may provide that the Act or the Digital ID Act have effect with any modifications prescribed by the rules; and
(d) subject to the limitations in subitem 10(4) of the Schedule, the Act does not limit the rules that may be made.
Note 2: Subitem 10(4) of the Schedule provides that, to avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of arrest or detention, or entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in the Act;
(e) directly amend the text of the Act or the Digital ID Act.
Note 1: A number of expressions used in these rules are defined in the Act, including the following:
(a) commencement;
(b) driver’s licence;
(c) medicare card;
(d) myGov;
(e) passport.
Note 2: A number of expressions used in these rules are defined in theDigital ID Act, including the following:
(a) accredited entity;
(b) attribute;
(c) digital ID;
(d) participating relying party;
(e) personal information.
Note 3: A number of expressions used in these rules are defined in the Accreditation Rules, including the following:
(a) biometric binding;
(b) identity proofing;
(c) IP level;
(d) reporting period;
(e) special attribute.
(1) Expressions defined in the Digital ID Act and the Accreditation Rules have the same meaning in these rules.
(2) In these rules:
Act means theDigital ID (Transitional and Consequential Provisions) Act 2024 .
Accreditation Data Standards means theDigital ID (Accreditation) Data Standards 2024.
Accreditation Rules means theDigital ID (Accreditation) Rules 2024 .
AGDIS Data Standards means theDigital ID (AGDIS) Data Standards 2024.
AL2 means the authentication level specified as AL2 in rule 3.1 of theAccreditation Data Standards.
Designated Identity Exchange Provider means Services Australia in itscapacity as an accredited identity exchange provider while participating in the Australian Government Digital ID System.
Digital ID Act means theDigital ID Act 2024 .
myGov linkID means a special attribute that links a person with a service available through myGov that the person seeks to access.
one-off digital ID :see rule 5.3 of the Accreditation Rules.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
For the purposes of item 4 of the table in item 2 of Schedule 1 to the Act, the Digital ID Regulator is taken, immediately after commencement, to:
(a) have decided for the purposes of subsection 15(2) of the Digital ID Act to accredit an entity specified in column 1 of an item in Table 1 of Schedule 1 as the kind of accredited entity specified in column 2 of the item; and
(b) have imposed the conditions, if any, specified in column 3 of the item on the entity’s accreditation for the purposes of paragraph 17(2)(a) of the Digital ID Act.
For the purposes of item 4 of the table in subitem 4(1) of Schedule 1 to the Act, the Digital ID Regulator is taken, immediately after commencement, to:
(a) have approved an entity specified in column 1 of an item in the following table to participate in the Australian Government Digital ID System for the purposes of section 62 of the Digital ID Act as the kind of accredited entity specified in column 2 of the item; and
(b) have imposed the conditions specified in column 3 of the item on the entity’s approval for the purposes of paragraph 64(2)(a) of the Digital ID Act.
1 | Services Australia | Accredited attribute service provider | The entity must:
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2 | Services Australia | Accredited identity exchange provider | The entity must undertake all of the following if, during a reporting period for the entity, the entity has informed a participating relying party, in accordance with section 2.2.1 of Schedule 1 to the AGDIS Data Standards, which accredited identity service provider an individual used to authenticate (
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For the purposes of item 10 of the table in subitem 4(2) of Schedule 1 to the Act, the Digital ID Regulator is taken, immediately after commencement, to:
(a) have approved an entity specified in column 1 of an item in Table 2 of Schedule 1 to participate in the Australian Government Digital ID System for the purposes of section 62 of the Digital ID Act as a participating relying party; and
(b) have imposed the conditions specified in column 2 of the item on the entity’s approval for the purposes of paragraph 64(2)(a) of the Digital ID Act.
(1) Subitem 4(2) of Schedule 1 to the Act has effect in relation to an entity mentioned in subrule (2) with the modifications prescribed in that subrule.
(2) For the purposes of item 10 of the table in subitem 4(2) of Schedule 1 to the Act, the Digital ID Regulator is taken, on the specified date, to:
(a) have approved an entity specified in column 1 of an item in Table 3 of Schedule 1 to participate in the Australian Government Digital ID System for the purposes of section 62 of the Digital ID Act as a participating relying party; and
(b) have imposed the conditions specified in column 2 of the item on the entity’s approval for the purposes of paragraph 64(2)(a) of the Digital ID Act.
(3) Item 5 of Schedule 1 to the Act has effect in relation to an entity mentioned in subrule (2) with the modifications prescribed in subrules (4) to (11).
(4) Item 5 of Schedule 1 to the Act applies in relation to an entity that holds an approval to participate in the Australian Government Digital ID System because of the operation of subitem 4(2) of Schedule 1 to the Act as modified by this rule.
(5) For the purposes of paragraph 62(5)(a) of the Digital ID Act:
(a) the Digital ID Regulator is taken to have given written notice of the decision to approve the entity to participate in the Australian Government Digital ID System; and
(b) the notice referred to in paragraph (a) is taken to have complied with subsection 62(6) of the Digital ID Act.
(6) For the purposes of paragraph 62(6)(a) of the Digital ID Act, the Digital ID Regulator is taken to have notified the entity that the day the entity’s approval to participate in the Australian Government Digital ID System comes into force is the specified date.
(7) For the purposes of paragraph 62(6)(c) of the Digital ID Act, the Digital ID Regulator is taken to have notified the entity of the conditions set out in column 2 of the item in Table 3 of Schedule 1 that relates to the entity.
(8) For the purposes of paragraph 62(6)(d) of the Digital ID Act, the Digital ID Regulator is taken to have notified the entity that the day on which the entity must begin to participate in the Australian Government Digital ID System is the specified date.
(9) For the purposes of paragraph 64(1)(c) of the Digital ID Act, the entity is taken to have begun participating in the Australian Government Digital ID System on the specified date.
(10) A decision taken to have been made because of the operation of paragraph 4(2)(b) of Schedule 1 to the Act as modified by this rule is not a reviewable decision for the purposes of the Digital ID Act.
(11) In this rule:
specified date , in relation to an entity mentioned in subrule (2), means the date specified in column 3 of the item in Table 3 in Schedule 1 that relates to the entity.
(1) Division 2 of Part 3 of Chapter 4 of the Digital ID Act does not apply until the earlier of the following:
(a) 2 years after commencement; and
(b) the first date on which rules made under subsection 85(5) of the Digital ID Act commence.
(2) For the avoidance of doubt, this rule does not limit or modify the power of the Minister to make rules in accordance with subsection 85(5) or section 87 of the Digital ID Act.
References to ‘myGovID’ in the Act are taken to be references to ‘myID’.
Subsections 18(2) and (3) of the Digital ID Act (about conditions relating to restricted attributes of individuals) do not apply in relation to:
(a) the conditions taken to be imposed under paragraph (h) of column 3 of item 2 of the table in item 2 of Schedule 1 to the Act; and
(b) the conditions taken to be imposed under paragraph (c) of column 3 of item 3 of Table 1 in Schedule 1.
Note: See rule 2.1 (Entities taken to be accredited immediately after commencement).
1 | Australian Postal Corporation | Accredited identity service provider |
Accredited proofing schemes/rules include:
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2 | ConnectID Pty Ltd | Accredited identity exchange provider |
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3 | Makesure Consulting Pty Ltd | Accredited identity service provider |
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4 | OCR Labs Pty Ltd trading as IDVerse | Accredited identity service provider |
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5 | Services Australia | Accredited attribute service provider | The entity’s accredited services must be provided only for the purpose of issuing and managing the myGov linkID attribute. | |||||||||||||||||||||||||||
Note: See rule 2.3 (Relying parties taken to be approved to participate in the Australian Government Digital ID System immediately after commencement).
1 | Australian Capital Territory Chief Minister, Treasury, and Economic Development Directorate (as represented by the ACT Revenue Office) | The entity:
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2 | Australian Communications and Media Authority | The entity:
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3 | Australian Electoral Commission | The entity:
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4 | Australian Financial Security Authority | The entity:
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5 | Australian Maritime Safety Authority | The entity:
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6 | Australian Prudential Regulation Authority | The entity:
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7 | Australian Skills Quality Authority | The entity:
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8 | Australian Trade and Investment Commission | The entity:
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9 | Commissioner of State Revenue (Victoria) | The entity:
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10 | Commissioner of Taxation | The entity:
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11 | Commonwealth Department of Agriculture, Fisheries and Forestry | The entity:
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12 | Commonwealth Department of Defence | The entity:
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13 | Commonwealth Department of Education | The entity:
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14 | Commonwealth Department of Employment and Workplace Relations | The entity:
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15 | Commonwealth Department of Health and Aged Care | The entity:
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16 | Commonwealth Department of Home Affairs | The entity:
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17 | Commonwealth Department of Industry, Science and Resources | The entity:
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18 | Commonwealth Department of Social Services | The entity:
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19 | Commonwealth Department of the Prime Minister and Cabinet | The entity:
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20 | Commonwealth Department of the Treasury | The entity:
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21 | Health Administration Corporation |
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22 | New South Wales Department of Education |
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23 | Northern Territory Department of Corporate and Digital Development |
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24 | Queensland Department of Customer Services, Open Data and Small and Family Business |
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25 | Services Australia | The entity:
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26 | South Australian Department of Treasury and Finance | The entity:
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27 | Tasmanian State Revenue Office | The entity:
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28 | Western Australian Department of the Premier and Cabinet | The entity:
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29 | Workplace Gender Equality Agency |
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Table 3 – Relying parties taken to be approved to participate in the Australian Government Digital ID System on a specified date after commencement Note: See rule 2.4 (Relying parties taken to be approved to participate in the Australian Government Digital ID System on a specified date after commencement).
1 | Australian Maritime Safety Authority | The entity:
| 27 May 2025 |
2 | Commissioner of Taxation | The entity:
| 17 March 2025 |
3 | Commonwealth Department of Finance | The entity:
| 31 January 2025 |
4 | Homes Tasmania | ||
| 31 January 2025 | ||
5 | South Australian Department of Treasury and Finance | The entity:
| 3 February 2025 |
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | orig = original |
am = amended | par = paragraph(s)/subparagraph(s) |
amdt = amendment | /sub‑subparagraph(s) |
c = clause(s) | pres = present |
C[x] = Compilation No. x | prev = previous |
Ch = Chapter(s) | (prev…) = previously |
def = definition(s) | Pt = Part(s) |
Dict = Dictionary | r = regulation(s)/rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislation | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LA = | Sdiv = Subdivision(s) |
LIA = | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | |
o = order(s) | commenced or to be commenced |
Ord = Ordinance |
Digital ID (Transitional and Consequential Provisions) Rules 2024 | 12 Nov 2024 (F2024L01436) | 30 Nov 2024 (r 1.2) | |
Digital ID (Transitional and Consequential Provisions) Amendment Rules 2025 (No. 1) | 14 Mar 2025 (F2025L00359) | 15 Mar 2025 (s 2) | — |
item 24....................................... | am F2025L00359 |
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