Digital ID (Transitional and Consequential Provisions) Amendment Rules 2025 (No. 1)

Administered by Department of Finance

Legislation au F2025L00359 Rules Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Minister for Finance

Digital ID (Transitional and Consequential Provisions) Act 2024

Digital ID (Transitional and Consequential Provisions) Amendment Rules 2025 (No. 1)

Subitem 10(1) of Schedule 1 (the Schedule) to the Digital ID (Transitional and Consequential Provisions) Act 2024 (the Transitional Act) provides that the Minister may, by legislative instrument, make rules prescribing matters required or permitted by this Schedule, or necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

The purpose of the Digital ID (Transitional and Consequential Provisions) Amendment Rules 2025 (No. 1) (the Amendment Rules) is to ensure the Queensland Department of Customer Services, Open Data and Small and Family Business (Queensland Department of Customer Services) is taken to be approved to participate as a relying party in the Australian Government Digital Identity System (AGDIS), following a recent machinery of government change in Queensland.  

The Transitional Act does not specify any conditions that need to be met before the power to make the Rules may be exercised.

Details of the Amendment Rules are set out in Attachment A.

The Amendment Rules are a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act). Section 17 of the Legislation Act provides that the rule-maker must be satisfied that there has been undertaken any consultation that is appropriate and reasonably practicable before making a legislative instrument.  Following a machinery of Government change in Queensland, the Queensland Department of Customer Service will replace the Department of Transport and Main Roads as a participating relying party within the AGDIS. Accordingly, consultation was not considered necessary or appropriate as the Amendment Regulations would have no disadvantageous effect on the affected entities.

The Amendment Rules commence the day after registration.

A Statement of Compatibility with Human Rights is at Attachment B.

The Amendment Rules are compatible with human rights as it does not raise any human rights issues.


ATTACHMENT A

Details of the Digital ID (Transitional and Consequential Provisions) Amendment Rules 2025 (No. 1)

Section 1  Name

  1.                     This section provides that the name of these rules is the Digital ID (Transitional and Consequential Provisions) Amendment Rules 2025 (No. 1) (the Amendment Rules).

Section 2  Commencement

  1.                     This section provides that the Amendment Rules commence the day after it is registered.

Section 3  Authority

  1.                     This section provides that the  Amendment Rules are made under item 10 of Schedule 1 to the Digital ID (Transitional and Consequential Provisions) Act 2024 (the Transitional Act).

Section 4  Schedules

  1.                     This section provides that 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.

Schedule 1 – Amendments

Item 1 – Table 2 of Schedule 1 (item 24, column 1)

  1.                     This section omits ‘Queensland Department of Transport and Main Roads’ and substitutes it with ‘Queensland Department of Customer Services, Open Data and Small and Family Business’ in Item 24 of column 1 in Table 2 of Schedule 1 to the Amendment Rules.
  2.                     Rule 2.3 of the Digital ID (Transitional and Consequential Provisions) Rules 2024 (the Transitional Rules) provides for certain relying parties to be taken to be approved to participate in the Australian Government Digital ID System (AGDIS) immediately after the commencement of the Transitional Act. Relevantly, paragraph 2.3(a) provides for these entities to be specified in column 1 of an item in Table 2 of Schedule 1.
  3.                     Currently, item 24 in Table 2 of Schedule 1 specifies the Queensland Department of Transport and Main Roads as a relying party taken to be approved to participate in the AGDIS. Following a machinery of government change in Queensland, some functions of the Queensland Department of Transport and Main Roads were transferred to the Queensland Department of Customer Services, Open Data and Small and Family Business (‘Queensland Department of Customer Services’). As a result, the Queensland Department of Customer Services is now responsible for the services participating in the AGDIS. The Department of Finance has received consent from the Minister administering the Queensland Department of Customer Services for the Queensland Department of Customer Services being subject to the provisions of the Digital ID Act. Accordingly, the purpose and effect of this section is to take the Queensland Department of Customer Services to be approved to participate in the AGDIS, instead of the Department of Transport and Main Roads.
  4.                     From the commencement date of this amendment, the Queensland Department of Customer Services is taken to be approved to participate in the AGDIS.

 


ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Digital ID (Transitional and Consequential Provisions) Amendment Rules 2025 (No. 1)

 

The Digital ID (Transitional and Consequential Provisions) Amendment Rules 2025 (No. 1) (the Amendment Rules) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Rules

The Amendment Rules amend the Digital ID (Transitional and Consequential Provisions) Rules 2024 to enable the Queensland Department of Customer Services, Open Data and Small and Family Business to be taken to be approved to participate in the Australian Government Digital ID System. The amendment is required following a machinery of government change in Queensland.

 

Human rights implications

The Amendment Rules does not engage any of the applicable rights or freedoms.

 

Conclusion on overall compatibility with human rights

The Amendment Rules is compatible with human rights as it does not raise any human rights issues.

 

Senator the Hon Katy Gallagher, Minister for Finance

Overview

The Digital ID (Transitional and Consequential Provisions) Act 2024 was enacted to facilitate the transition and address consequential issues arising from the implementation of digital identity systems in Australia. The Act was introduced to streamline the process of adopting digital identities and to ensure that any transitional provisions or consequential adjustments are managed effectively. This Act was passed by the Australian Parliament, reflecting a policy objective to enhance the efficiency and security of digital identity services across the nation. The Digital ID (Transitional and Consequential Provisions) Amendment Rules 2025 (No. 1) were subsequently introduced to make necessary adjustments to the original Act, particularly in response to changes in governmental structures, such as the recent machinery of government change in Queensland. These rules aim to update the participating entities within the Australian Government Digital Identity System, ensuring that the appropriate departments are recognised and approved to operate within this system.

Scope and Application

The Digital ID (Transitional and Consequential Provisions) Amendment Rules 2025 (No. 1) are legislative instruments made under the authority of the Digital ID (Transitional and Consequential Provisions) Act 2024. These rules specifically amend the Digital ID (Transitional and Consequential Provisions) Rules 2024 to reflect a recent change in the Queensland government's machinery of government. This amendment involves substituting the Queensland Department of Customer Services, Open Data and Small and Family Business for the Queensland Department of Transport and Main Roads as an approved relying party in the Australian Government Digital Identity System (AGDIS). This substitution is a direct consequence of certain functions being transferred from the Department of Transport and Main Roads to the Queensland Department of Customer Services. The Amendment Rules are designed to ensure continuity in the operation of the AGDIS and its reliance on participating entities without interruption. These rules apply to the Queensland Department of Customer Services, Open Data and Small and Family Business, and the Australian Government Digital Identity System as a whole. The scope of the Amendment Rules is limited to the specified changes within the Queensland government and do not otherwise alter the broader provisions of the Digital ID (Transitional and Consequential Provisions) Act 2024 or the Digital ID (Transitional and Consequential Provisions) Rules 2024. The Amendment Rules do not specify any exclusions, exemptions, or thresholds and are not extended or restricted by any subordinate instruments. They are compatible with human rights as they do not raise any human rights issues, as evidenced by the Statement of Compatibility with Human Rights. The Amendment Rules, upon registration, will commence the day after, ensuring that the Queensland Department of Customer Services, Open Data and Small and Family Business is recognised as an approved relying party in the AGDIS, thereby maintaining the integrity and functionality of the digital identity system. The Amendment Rules do not require any further consultation as they do not disadvantage the affected entities. Instead, they ensure that the necessary adjustments are made to reflect the current governmental structure in Queensland. The transitional nature of these rules highlights the legislative framework's adaptability to administrative changes while maintaining the stability of digital identity services provided by the Australian Government.

Key Provisions

The Digital ID (Transitional and Consequential Provisions) Amendment Rules 2025 (No. 1) primarily focus on adjusting the entities that are approved to participate in the Australian Government Digital Identity System (AGDIS). Under section 1 of the Amendment Rules, the name of these rules is specified, and section 2 outlines the commencement date, which is the day following registration. Section 3 identifies the authority for making these rules, derived from item 10 of Schedule 1 to the Digital ID (Transitional and Consequential Provisions) Act 2024 (Transitional Act). Section 4 details how the schedules within these rules will amend or repeal existing instruments. The Amendment Rules impose specific obligations on the Queensland Department of Customer Services, Open Data and Small and Family Business by formally recognising it as an approved entity to participate in the AGDIS. This transition is a direct result of a machinery of government change, where the Queensland Department of Customer Services has taken over the responsibilities of the Queensland Department of Transport and Main Roads, necessitating an update in the regulatory framework governing digital identity participation. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Amendment Rules for breaches. However, the importance of compliance with the AGDIS's requirements remains paramount. Non-compliance could potentially lead to exclusion from the system and the inability to provide digital identity services, which may have broader operational and legal implications for the Queensland Department of Customer Services. The compatibility with human rights, as stated in the Statement of Compatibility with Human Rights, assures that these amendments do not infringe on any human rights or freedoms.

Legal classification tags

Area of Law
Technology Law
Instrument
Regulation
Concepts
Commencement Provisions
Delegated & Subordinate Legislation
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.