Digital ID Act 2024
135Record keeping by participating entities and former participating entities
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135 Record keeping by participating entities and former participating entities
(1) This section applies to: (a) entities that hold an approval to participate in the Australian Government Digital ID System; and (b) entities whose approval to participate in the Australian Government Digital ID System is suspended; and (c) entities whose approval to participate in the Australian Government Digital ID System has been revoked. (2) However, this section does not apply to relying parties. (3) The entity must keep records of the kind, for the period and in the manner prescribed by the Digital ID Rules.
Civil penalty: 1,000 penalty units.
(4) Digital ID Rules made for the purposes of subsection (3): (a) must not prescribe records of a kind that do not relate to information obtained by entities through the Australian Government Digital ID System; and (b) may only prescribe a period of retention of more than 7 years if specified circumstances apply in relation to the record.
Note: For the purposes of paragraph (b), specified circumstances may include legal proceedings involving the entity and the records.