85Statutory contract between entities participating in the Australian Government Digital ID System

85 Statutory contract between entities participating in the Australian Government Digital ID System

(1) A contract is taken to be in force between: (a) an accredited entity that holds an approval to participate in the Australian Government Digital ID System and each other accredited entity that also holds such an approval; and (b) an accredited entity and each participating relying party; under which each accredited entity agrees to: (c) provide the entity’s accredited services while participating in the Australian Government Digital ID System in compliance with this Act (other than the service levels determined under section 80), to the extent it relates to verifying the identity of an individual or authenticating a digital ID of, or information about, an individual; and (d) comply with requirements in relation to intellectual property rights that are prescribed by the Digital ID Rules for the purposes of this paragraph.

Note 1: This means an accredited entity will be taken to have a separate contract with each other accredited entity and with each participating relying party.

Note 2: The Digital ID Rules may provide that some provisions of this Act (which is defined to include the Digital ID Data Standards and other legislative instruments) are not covered by the contract (see subsection (5)).

(2) The contract is taken to be in force during the period: (a) starting on the day that the participation start day for both entities has arrived or passed; and (b) ending on the day on which the approval to participate in the Australian Government Digital ID System has been revoked for one or both of the entities. (3) If an accredited entity breaches the contract, an application to the Federal Circuit and Family Court of Australia (Division 2) may be made by the party to the contract that has suffered, or is likely to suffer, loss or damage as a result of the breach. (4) After giving an opportunity to be heard to the applicant and the entity (the respondent) against whom the order is sought, the Federal Circuit and Family Court of Australia (Division 2) may make any or all of the following orders: (a) an order giving directions to the respondent about compliance with, or enforcement of, the contract; (b) an order directing the respondent to compensate the entity that has suffered loss or damage as a result of the breach; (c) an order directing the respondent to prevent or reduce loss or damage suffered, or likely to be suffered; (d) any other order that the Court considers appropriate. (5) The Digital ID Rules may make provision in relation to the following matters: (a) conduct or circumstances that do, or do not, constitute breaches of contract; (b) provision of this Act that are not covered by the contract; (c) limits on the kinds of losses or damages for which compensation may be payable; (d) limits on the amount of compensation that an accredited entity may be liable to pay.