{"id":"F2024L00625","name":"Identity Verification Services Rules 2024","slug":"identity-verification-services-rules-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105232,"registerId":"commonwealth-F2024L00625-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Identity Verification Services Rules 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Identity Verification Services Act 2023.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Identity Verification Services Act 2023.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Participation agreements","content":"## Part 2—Participation agreements","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed privacy laws","content":"#### 5 Prescribed privacy laws\n\n For the purposes of subparagraph 9(1)(b)(ii) of the Act, each of the following is a prescribed privacy law:\n (a) the Privacy and Personal Information Protection Act 1998 (NSW);\n (b) the Privacy and Data Protection Act 2014 (Vic.);\n (c) the Information Privacy Act 2009 (Qld);\n (d) the Personal Information Protection Act 2004 (Tas.);\n (e) the Information Privacy Act 2014 (ACT);\n (f) the Information Act 2002 (NT).","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Prescribed government authorities","content":"#### 6 Prescribed government authorities\n\n For the purposes of paragraph 9(1)(d) of the Act, each of the following is a prescribed government authority:\n (a) the Australian Criminal Intelligence Commission;\n (b) the Australian Secret Intelligence Service;\n (c) the Australian Security Intelligence Organisation;\n (d) the National Anti‑Corruption Commission;\n (e) the Office of National Intelligence.","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Prescription of longer period to finalise participation agreements","content":"#### 6A Prescription of longer period to finalise participation agreements\n\n For the purposes of paragraph 15(3)(b) of the Identity Verification Services Act 2023, the period of 18 months is prescribed.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"NDLFRS hosting agreement","content":"## Part 3—NDLFRS hosting agreement","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Prescribed privacy laws","content":"#### 7 Prescribed privacy laws\n\n For the purposes of subparagraph 13(2)(a)(ii) of the Act, each of the following is a prescribed privacy law:\n (a) the Privacy and Personal Information Protection Act 1998 (NSW);\n (b) the Privacy and Data Protection Act 2014 (Vic.);\n (c) the Information Privacy Act 2009 (Qld);\n (d) the Personal Information Protection Act 2004 (Tas.);\n (e) the Information Privacy Act 2014 (ACT);\n (f) the Information Act 2002 (NT).","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Fees","content":"## Part 4—Fees","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Fees for connections to approved identity verification facility","content":"#### 8 Fees for connections to approved identity verification facility\n\n (1) For the purposes of paragraph 42(1)(a) of the Act, a fee is payable by a government authority or non‑government entity for a connection to an approved identity verification facility mentioned in an item of the table in subsection (4) of this section.\n\n> Note: An authority or entity may have more than one connection to a facility.\n\n (2) Subject to subsection (3), the amount of the fee for the connection is the sum of:\n (a) the amount mentioned in column 2 of the item that covers the facility; and\n (b) the amount worked out by multiplying:\n (i) the number of kinds of documents (see subsection (5)) in relation to which the authority or entity is seeking to be able to request identity verification services using the facility; by\n (ii) the amount mentioned in column 3 of the item.\n\n> Note: This subsection applies if the authority or entity:\n\n (a) is not otherwise connected to the facility; or\n (b) is seeking to increase its number of connections to the facility.\n (3) If:\n (a) the authority or entity has a connection (the existing connection) to the facility; and\n (b) the authority or entity seeks to replace the existing connection with a connection to the facility that would enable the authority or entity to request identity verification services in relation to:\n (i) one or more kinds of documents (see subsection (5)) in relation to which the existing connection enables the authority or entity to request identity verification services; and\n (ii) one or more other kinds of documents;\n the amount of the fee for the replacement connection is the amount worked out by multiplying:\n (c) the number of kinds of documents in relation to which subparagraph (b)(ii) applies; by\n (d) the amount mentioned in column 3 of the item that covers the facility.\n\n> Note: This subsection applies if the number of connections an authority or entity has to an identity verification facility will not change.\n\n> Note: Example: A non‑government entity has a connection to the DVS Hub, and can make requests using that facility for identity verification services in relation to the kinds of documents mentioned in paragraphs (5)(a), (b) and (c). The entity would like to replace that connection with a connection that enables them to request identity verification services in relation to the kinds of documents mentioned in paragraphs (5)(a), (b), (c), (d) and (e).\n\n> Note: Because there are 2 kinds of documents in relation to which subparagraph (b)(ii) of this subsection will apply (the kinds of documents mentioned in paragraphs (5)(d) and (e)), the amount of the fee for the replacement connection will be $909.10 (see column 3 of item 1 of the table in subsection (4)).\n\n (4) For the purposes of subsections (1) to (3), the table is as follows:\n\n```html\n

Fees for connection to an approved identity verification facility

Item

Column 1

Approved identity verification facility

Column 2

Base connection amount

Column 3

Amount per kind of document

1

DVS hub

(a) for a government authority—$5,470.95; or

(b) for a non‑government entity—$24,610.40

$454.55

2

Face Matching Service Hub

(a) for a government authority—$12,000; or

(b) for a non‑government entity—$31,139.45

$850

\n```\n\n> Note: The amounts in this table do not include any amount of GST that may be payable.\n\n Kinds of documents\n (5) For the purposes of subsections (2) and (3), each of the following is taken to be a different kind of document:\n (a) a birth certificate issued by or on behalf of an authority of a State or Territory;\n (b) a death certificate issued by or on behalf of an authority of a State or Territory;\n (c) a concession card (within the meaning of the Social Security Act 1991);\n (d) a notice given under section 37 of the Australian Citizenship Act 2007 stating that a person is an Australian citizen at a particular time;\n (e) a certificate issued by an authority of a State or Territory indicating that an individual has changed the individual’s name;\n (f) a driver’s licence (however described) issued by or on behalf of an authority of a State or Territory;\n (g) a document issued by or on behalf of an authority of a State or Territory to assist an individual to prove the individual’s age or identity;\n (h) a document issued to an individual, as a person who is not an Australian citizen, by the Department administered by the Minister administering the Migration Act 1958 to assist the individual to prove the individual’s identity;\n (i) a certificate of marriage issued by or on behalf of an authority of a State or Territory whose function it is to register marriages;\n (j) a document issued by a court setting out a divorce order made under the Family Law Act 1975;\n (k) an Australian travel document (within the meaning of the Australian Passports Act 2005);\n (l) a certificate signed by an officer (within the meaning of the Migration Act 1958) stating that, at a specified time, or during a specified period, a specified person was the holder of a visa that was in effect;\n (m) an entry in a Roll (within the meaning of the Commonwealth Electoral Act 1918) relating to a particular individual;\n (n) an aviation security identification card issued under regulations made for the purposes of the Aviation Transport Security Act 2004;\n (o) an MSIC issued under regulations made for the purposes of the Maritime Transport and Offshore Facilities Security Act 2003;\n (p) a medicare card (within the meaning of subsection 84(1) of the National Health Act 1953).","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Fees for requests for identity verification services","content":"#### 9 Fees for requests for identity verification services\n\n (1) For the purposes of paragraph 42(1)(b) of the Act:\n (a) a fee is payable for a request for an identity verification service mentioned in an item of the following table that is made by or on behalf of:\n (i) a government authority, if subsection (2) of this section applies in relation to the request; or\n (ii) a non‑government entity; and\n (b) the amount of the fee is the amount mentioned in that item.\n\n```html\n

Fees for requests for identity verification services

Item

Identity verification service

Amount

1

DVS

$0.40

2

FVS

$0.40

\n```\n\n> Note: The amounts in this table do not include any amount of GST that may be payable.\n\n (2) For the purposes of subparagraph (1)(a)(i), this subsection applies in relation to a request for an identity verification service if:\n (a) before the request is made the Department is given notice by or on behalf of the government authority that, taking account of competitive neutrality, it would be appropriate for a fee to be charged for:\n (i) all requests for the service made by or on behalf of the government authority; or\n (ii) particular kinds of requests for the service made by or on behalf of the government authority; and\n (b) if subparagraph (a)(ii) applies—the request is of one of the notified kinds.","sortOrder":12},{"sectionNumber":"Part 5","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 5—Application, saving and transitional provisions","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Application of this instrument as originally made","content":"#### 10 Application of this instrument as originally made\n\n (1) Part 2, as in force at the commencement of this instrument, applies in relation to a participation agreement whether the agreement is made before, on or after that commencement.\n (2) Part 3, as in force at the commencement of this instrument, applies in relation to the NDLFRS hosting agreement whether the agreement is made before, on or after that commencement.\n (3) Section 8, as in force at the commencement of this instrument, applies to a connection to an approved identity verification facility made on or after that commencement, whether the request for the connection was made before, on or after that commencement.","sortOrder":14}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as subsidiary rules to the Identity Verification Services Act 2023. It covers the expected operational matters: privacy law prescriptions, participating authorities, fees, and transitional arrangements without significant expansion beyond the parent Act's framework."},"complexity_factors":["Multiple fee calculation methods with conditional logic (new connections vs replacement connections, government vs non-government rates)","Cross-referencing to primary Act (Identity Verification Services Act 2023) for definitions and enabling provisions","Nested conditions in section 9 for when government agencies must pay fees (competitive neutrality test with notice requirements)","16 defined document types in subsection 8(5) that trigger different fee calculations","Application provisions with temporal complexity (distinguishing between agreement dates, request dates, and commencement dates)"],"plain_english_summary":"This instrument sets operational rules for Australia’s national identity verification system: it fixes which state/territory privacy laws apply, names intelligence and law‑enforcement participants, specifies connection and per‑check fees (with lower charges for government), lists allowed document types, and sets an 18‑month timeframe to finalise participation agreements.\n\nIt affects government agencies, private businesses that verify customer identities, and the named security agencies — shaping who can access identity data, what protections apply, and how much it costs."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument operationalises the Act by prescribing lists, periods, fees and transitional rules rather than altering who the Act covers. Key prescriptions include privacy laws (s.5, s.7), prescribed authorities (s.6), the 18‑month period for finalising participation agreements (s.6A), fee and calculation rules for connections (s.8) and per‑request fees with a Departmental notice mechanism for government charging (s.9)."},"complexity_factors":["Multiple discrete prescribed lists (privacy laws in s.5 and s.7; government authorities in s.6) increase cross‑jurisdictional compliance checks.","Detailed fee structure for connections with base amounts and per‑document charges (s.8(2)–(4)) requires arithmetic across categories and entity type (government v non‑government).","Replacement‑connection calculation in s.8(3) creates a conditional fee rule depending on overlap of document kinds.","Long enumerated list of separate \"kinds of documents\" treated as distinct fee drivers (s.8(5)) increases administrative tracking.","Per‑request fees table (s.9(1)) combined with a Departmental notice regime for government charging (s.9(2)) introduces procedural discretion and competitive‑neutrality considerations.","Transitional and application rules (s.6A; s.10) and GST notes add implementation timing and tax compliance dimensions.","References to named facilities (DVS hub; Face Matching Service Hub) and to undefined terms in this instrument (eg, ‘approved identity verification facility’) require cross‑reference to the Act or other instruments."],"plain_english_summary":"This instrument, made under the Identity Verification Services Act 2023, prescribes which state and territory privacy laws and specific government authorities apply, fixes an 18‑month period for finalising participation agreements, and sets fees and fee‑calculation rules for connections to approved identity verification facilities (DVS hub and Face Matching Service Hub) and per‑request charges ($0.40). It applies to government authorities and non‑government entities and includes transitional application rules."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/identity-verification-services-rules-2024","history":"/api/acts/identity-verification-services-rules-2024/history","analysis":"/api/acts/identity-verification-services-rules-2024/analysis","conflicts":"/api/acts/identity-verification-services-rules-2024/conflicts","importantCases":"/api/acts/identity-verification-services-rules-2024/important-cases","documents":"/api/acts/identity-verification-services-rules-2024/documents"}}