Part 2Approval to participate in the Australian Government Digital ID System

Chapter 1—Preliminary

1.1 Name

These rules are the Digital ID (Transitional and Consequential Provisions) Rules 2024.

1.2 Commencement

These rules commence at the same time as the Digital ID (Transitional and Consequential Provisions) Act 2024 commences.

1.3 Authority

These rules are made under item 10 of Schedule 1 to the Digital ID (Transitional and Consequential Provisions) Act 2024.

Note 1: Item 10 of Schedule 1 to the Act (the Schedule) relevantly provides that:

(a) the Minister may make rules prescribing matters required or permitted by the Schedule to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the Schedule;
(b) without limiting the rule-making power mentioned in paragraph (a), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to the enactment of the Schedule or the Digital ID Act;
(c) rules made for the purposes of item 10 of the Schedule before the end of 12 months after commencement may provide that the Act or the Digital ID Act have effect with any modifications prescribed by the rules; and
(d) subject to the limitations in subitem 10(4) of the Schedule, the Act does not limit the rules that may be made.

Note 2: Subitem 10(4) of the Schedule provides that, to avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;
(b) provide powers of arrest or detention, or entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in the Act;
(e) directly amend the text of the Act or the Digital ID Act.

1.4 Definitions

Note 1: A number of expressions used in these rules are defined in the Act, including the following:

commencement;
driver’s licence;
medicare card;
myGov;
passport.

Note 2: A number of expressions used in these rules are defined in the Digital ID Act, including the following:

accredited entity;
attribute;
digital ID;
participating relying party;
personal information.

Note 3: A number of expressions used in these rules are defined in the Accreditation Rules, including the following:

biometric binding;
identity proofing;
IP level;
reporting period;
special attribute.

(1) Expressions defined in the Digital ID Act and the Accreditation Rules have the same meaning in these rules. (2) In these rules: