169Rules—requirement to consult

169 Rules—requirement to consult

General requirement to consult (1) Before making or amending any rules under section 168, the Minister must: (a) cause to be published on the Department’s website a notice: (i) setting out the draft rules or amendments; and (ii) inviting persons to make submissions to the Minister about the draft rules or amendments within the period specified in the notice (which must be at least 28 days after the notice is published); and (b) if the rules deal with matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)—consult the Information Commissioner; and (c) consider any submissions received within the specified period. (2) Without limiting paragraph (1)(b), the Minister must consult the Information Commissioner if the rules will provide that accredited entities, or specified kinds of accredited entities, are authorised to: (a) collect or disclose restricted attributes of individuals; or (b) collect, use or disclose biometric information of individuals. (2A) Before making or amending any rules under section 168, the Minister must also: (a) consult such organisations representing individuals who may experience barriers when creating or using a digital ID as the Minister considers appropriate; and (b) by written notice, invite such organisations to make comments to the Minister within the period specified in the written notice (which must be at least 28 days after the notice is given); and (c) consider any comments received within the specified period. (3) The Minister may consider any submissions received after the specified period if the Minister considers it appropriate to do so. Exception if imminent threat etc. (4) Subsections (1) and (2A) do not apply if: (a) the Minister is satisfied that there is an imminent threat to the Australian Government Digital ID System; or (b) the Minister is satisfied that a hazard has had, or is having, a significant impact on the Australian Government Digital ID System. Review (5) If: (a) because of subsection (4), subsections (1) and (2A) did not apply to the making of rules or amendments; and (b) the rules or amendments have not been disallowed by either House of the Parliament; the Secretary must: (c) review the operation, effectiveness and implications of the rules or amendments; and (d) without limiting paragraph (a), consider whether any amendments should be made; and (e) give the Minister a report of the review and a statement setting out the Secretary’s findings. (6) For the purposes of the review, the Secretary must: (a) cause to be published on the Department’s website a notice: (i) setting out the rules or amendments concerned; and (ii) inviting persons to make submissions to the Secretary about the rules or amendments concerned within the period specified in the notice (which must be at least 28 days after the notice is published); and (b) if the rules deal with matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)—consult the Information Commissioner; and (c) consider any submissions received within the specified period. (6A) For the purposes of the review, the Secretary must also: (a) consult such organisations representing individuals who may experience barriers when creating or using a digital ID as the Secretary considers appropriate; and (b) by written notice, invite such organisations to make comments to the Secretary within the period specified in the written notice (which must be at least 28 days after the notice is given); and (c) consider any comments received within the specified period. Findings of review to be tabled (7) The Secretary must complete the review within 60 days after the commencement of the rules or amendments concerned. (8) The Minister must cause a copy of the statement of findings to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives it. Failure to comply does not affect validity etc. (9) A failure to comply with this section does not affect the validity or enforceability of any rules, or any amendments to any rules. Relationship with the Legislation Act 2003 (10) This section does not limit section 17 of the Legislation Act 2003 (rule‑makers should consult before making legislative instrument).