{"id":"F2024L01437","name":"Digital ID (Phasing-in of Participation in the Australian Government Digital ID System) Determination 2024","slug":"digital-id-phasing-in-of-participation-in-the-australian-government-digital-id-system-determination-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442631,"registerId":"F2024L01437-fast-fetch-1775957594360","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Digital ID (Phasing-in of Participation in the Australian Government Digital ID System) Determination 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\ntitle: Digital ID (Phasing-in of Participation in the Australian Government Digital ID System) Determination 2024\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nDigital ID (Phasing-in of Participation in the Australian Government Digital ID System) Determination 2024\n\n \n\nI, Katy Gallagher, Minister for Finance, make the following determination.\n\nDated 7 November 2024  \n\nKaty Gallagher\n\nMinister for Finance\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\nPart 2—State and Territory entities\n\n5  Departments, authorities and companies\n\n \n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Digital ID (Phasing-in of Participation in the Australian Government Digital ID System) Determination 2024.\n\n2  Commencement\n\n  This instrument commences at the same time as the Digital ID Act 2024 commences.\n\n3  Authority\n\n  This instrument is made under subsection 60(1) of the Digital ID Act 2024.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) accredited entity;\n\n(b) Digital ID Regulator;\n\n(c) entity;\n\n(d) participating relying party;\n\n(e) relying party.\n\n  In this instrument:\n\nAct means the Digital ID Act 2024.\n\napplicant means an entity that has applied for accreditation under section 14 of the Act.\n\nCorporations Act company means a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001.\n\nowned, in relation to a Corporations Act company, means holding at least half of the issued share capital of the company.\n\nPart 2—State and Territory entities\n\n5  Departments, authorities and companies\n\n  An entity specified in column 1 of an item in the following table may apply to the Digital ID Regulator for approval to participate in the Australian Government Digital ID System as the kind of entity specified in column 2 of the item.\n\n \n\n- Entities that may apply for approval to participate\n- Item Column 1 Column 2\n- Entity Kind of entity\n- 1 A department or authority of a State that:\n\n1. is any of the following:\n\n\n1. an accredited entity; or\n2. an applicant; or\n3. a relying party; and\n\n\n1. is not an entity of a kind specified in column 1 of item 2. For:\n\n1. an accredited entity—the kind of accredited entity the entity is accredited as;\n2. an applicant—the kind of accredited entity the entity has applied to be accredited as;\n3. a relying party—a participating relying party.\n- 2 An entity that:\n\n1. is a Corporations Act company owned by:\n\n\n1. a State; or\n2. another Corporations Act company that is owned by a State; and\n\n\n1. is any of the following:\n\n\n1. an accredited entity; or\n2. an applicant; or\n3. a relying party. For:\n\n1. an accredited entity—the kind of accredited entity the entity is accredited as;\n2. an applicant—the kind of accredited entity the entity has applied to be accredited as;\n3. a relying party—a participating relying party.\n- 3 A department or authority of a Territory that:\n\n1. is any of the following:\n\n\n1. an accredited entity; or\n2. an applicant; or\n3. a relying party; and\n\n\n1. is not an entity of a kind specified in column 1 of item 4. For:\n\n1. an accredited entity—the kind of accredited entity the entity is accredited as;\n2. an applicant—the kind of accredited entity the entity has applied to be accredited as;\n3. a relying party—a participating relying party.\n- 4 An entity that:\n\n1. is a Corporations Act company owned by:\n\n\n1. a Territory; or\n2. another Corporations Act company that is owned by a Territory; and\n\n\n1. is any of the following:\n\n\n1. an accredited entity; or\n2. an applicant; or\n3. a relying party. For:\n\n1. an accredited entity—the kind of accredited entity the entity is accredited as;\n2. an applicant—the kind of accredited entity the entity has applied to be accredited as;\n3. a relying party—a participating relying party.\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument specifies and phases‑in which State and Territory departments, authorities and Corporations Act companies may apply to participate in the Australian Government Digital ID System (s5). It therefore modifies the practical scope of participation at commencement by authorising specified sub‑national entities to apply for accreditation or to be participating relying parties, while relying on the Act's definitions (s4) and starting when the Act commences (s2)."},"complexity_factors":["Cross‑references to the Digital ID Act for key terms and roles (see s4 — definitions; Act references).","Commencement timing tied to the Digital ID Act commencement (s2), requiring coordination of separate instruments.","Tabular, nested eligibility tests in s5: multiple items and subclauses set different rules for State/Territory departments, authorities and Corporations Act companies.","Ownership test for Corporations Act companies (definition of 'owned' in s4 referencing share capital), which requires checking corporate ownership chains.","Mappings from status to 'kind of entity' (accredited entity, applicant, relying party) in s5 that reference both current accreditation and pending applications."],"plain_english_summary":"This Determination lets certain State and Territory departments, authorities and state‑owned companies apply to the Digital ID Regulator to join the Australian Government Digital ID System when the Digital ID Act 2024 starts. It identifies which organisational forms (accredited entities, applicants and relying parties) from States and Territories may seek approval and what ‘kind’ of participant they may be. This matters because it phases in participation for sub‑national public entities and state‑owned companies under the Act."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination appears to serve its original intended purpose. It was made under section 60(1) of the Digital ID Act 2024, which specifically authorises the Minister to determine which State and Territory entities may apply to participate in the system. The content matches this narrow, specific mandate — it does not expand beyond the phasing-in of State and Territory participation to address other matters."},"complexity_factors":["Very short instrument — only 5 sections","Minimal defined terms — only 3 definitions in the instrument itself (Act, applicant, Corporations Act company, owned), with others incorporated by reference from the parent Act","Simple tabular structure for the substantive content in section 5","No nested exceptions or complex conditional logic — the conditions in the table are straightforward 'and/or' tests","Single purpose instrument — only addresses one question (which State/Territory entities can apply)","Heavy reliance on defined terms from the parent Digital ID Act 2024, but this is appropriate for a legislative instrument made under that Act"],"plain_english_summary":"This Determination lets State and Territory government bodies — including departments, authorities and government-owned companies that are or seek Digital ID accreditation or act as relying parties — apply to join Australia’s new Digital ID System. \n\nIf approved by the Digital ID Regulator, these entities could accept digital identity credentials for government services at state, territory and federal levels, reducing repeated document checks; the Determination only permits applications, it does not automatically enrol participants."}},"importantCases":[],"_links":{"self":"/api/acts/digital-id-phasing-in-of-participation-in-the-australian-government-digital-id-system-determination-","history":"/api/acts/digital-id-phasing-in-of-participation-in-the-australian-government-digital-id-system-determination-/history","analysis":"/api/acts/digital-id-phasing-in-of-participation-in-the-australian-government-digital-id-system-determination-/analysis","conflicts":"/api/acts/digital-id-phasing-in-of-participation-in-the-australian-government-digital-id-system-determination-/conflicts","importantCases":"/api/acts/digital-id-phasing-in-of-participation-in-the-australian-government-digital-id-system-determination-/important-cases","documents":"/api/acts/digital-id-phasing-in-of-participation-in-the-australian-government-digital-id-system-determination-/documents"}}