71Suspension of approval to participate in the Australian Government Digital ID System

71 Suspension of approval to participate in the Australian Government Digital ID System

Digital ID Regulator must suspend approval if Minister’s direction about suspension is in force (1) The Digital ID Regulator must, in writing, suspend an approval given to an entity under section 62 if a direction under subsection 73(1) directing the Digital ID Regulator to do so is in force in relation to the entity. Digital ID Regulator may suspend approval in other circumstances (2) The Digital ID Regulator may, in writing, suspend an approval given to an entity under section 62 if: (a) the Digital ID Regulator reasonably believes that the entity has contravened or is contravening this Act; or (b) the Digital ID Regulator reasonably believes that: (i) there has been a cyber security incident involving the entity; and (ii) the incident involves a risk to the operation of the Australian Government Digital ID System; or (c) if the entity is a body corporate—the entity is a Chapter 5 body corporate (within the meaning of the Corporations Act 2001); or (d) if the entity is an individual—the entity is an insolvent under administration; or (e) the Digital ID Regulator is satisfied that it is not appropriate for the entity to participate in the Australian Government Digital ID System; or (f) circumstances specified in the Digital ID Rules apply in relation to the entity.

Note: The Digital ID Regulator may impose conditions on an entity’s approval before suspending it (see paragraph 64(4)(g)).

(3) In determining whether the Digital ID Regulator is satisfied of the matter in paragraph (2)(e), regard may be had to whether the entity is a fit and proper person.

Note: In having regard to whether an entity is a fit and proper person, 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).

(4) Subsection (3) does not limit paragraph (2)(e). Digital ID Regulator may suspend approval on application (5) The Digital ID Regulator may, on application by an entity, suspend an approval given to the entity under section 62.

Note: See Part 5 of Chapter 9 for matters relating to applications.

Show cause notice must generally be given before decision to suspend (6) Before suspending the approval of an entity under subsection (2), the Digital ID Regulator must give a written notice (a show cause notice) to the entity. (7) The show cause notice must: (a) state the grounds on which the Digital ID Regulator proposes to suspend the entity’s approval; and (b) invite the entity to give the Digital ID Regulator, within 28 days after the day the notice is given, a written statement showing cause why the Digital ID Regulator should not suspend the approval. Exception—cyber security incident or security (8) Subsection (6) does not apply if the suspension is on a ground mentioned in paragraph (2)(b). Notice of suspension (9) If the Digital ID Regulator suspends an entity’s approval under subsection (1), (2) or (5), the Digital ID Regulator must give the entity a written notice stating the following: (a) that the entity’s approval to participate in the Australian Government Digital ID System is suspended; (b) the reasons for the suspension; (c) the day the suspension is to start; (d) if the approval is suspended for a period—the period of the suspension; (e) if the approval is suspended until a specified event occurs or action is taken—the event or action.