62Approval to participate in the Australian Government Digital ID System

62 Approval to participate in the Australian Government Digital ID System

(1) The Digital ID Regulator may approve an entity to participate in the Australian Government Digital ID System if: (a) the entity has made an application under section 61; and (b) unless the entity is a relying party—the entity is an accredited entity; and (c) the Digital ID Regulator is satisfied that the entity will comply with the Digital ID Data Standards that apply in relation to the entity and that relate to participation in the Australian Government Digital ID System; and (d) if the Digital ID Regulator makes a requirement under paragraph 131(1)(a) in relation to the entity—the entity has been assessed as being able to comply with this Act; and (e) the Digital ID Regulator is satisfied that it is appropriate to approve the entity to participate in the system; and (f) any other requirements prescribed by the Digital ID Rules are met. (2) Without limiting paragraph (1)(e), the Digital ID Regulator may have regard to the following matters when considering whether it is appropriate to approve the entity: (a) whether the entity is a fit and proper person; (b) whether the entity has appropriate procedures for dealing with the identities (whether real or not, and whether assumed or not) of shielded persons.

Note: In having regard to whether an entity is a fit and proper person for the purposes of paragraph (a), the Digital ID Regulator must have regard to any matters specified in the Digital ID Rules and may have regard to any other matters considered relevant (see section 12).

(3) Without limiting paragraph (1)(f), the Digital ID Rules may prescribe requirements relating to the security, reliability and stability of the Australian Government Digital ID System. (4) However, the Digital ID Regulator must not approve an entity to participate in the Australian Government Digital ID System if a direction under subsection 73(1) (about security) directing the Digital ID Regulator to refuse to approve the entity is in force. (5) The Digital ID Regulator must: (a) give written notice of a decision to approve, or to refuse to approve, an entity to participate in the Australian Government Digital ID System; and (b) if the decision is to refuse to approve the entity—give reasons for the decision to the entity. (6) If the Digital ID Regulator approves an entity to participate in the Australian Government Digital ID System, the notice must set out: (a) the day the approval comes into force; and (b) whether the entity is a participating relying party or an accredited entity and, if the entity is an accredited entity, the kind of accredited entity it is accredited as; and (c) any conditions imposed on the approval under subsection 64(2); and (d) the day on which the entity must begin to participate in the Australian Government Digital ID System.