Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 115, 2023
Compilation No. 1
Compilation date: 11 December 2024
Includes amendments: Act No. 128, 2024
About this compilation
This compilation
This is a compilation of the Identity Verification Services Act 2023 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
Division 1--Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Simplified outline of this Act
Division 2--Definitions
Subdivision A--General definitions
6 Definitions relating to identification information
Subdivision B--Common provisions for definitions of identity verification services
7 Simplified outline of this Subdivision
8 Definition of participation agreement
9 General privacy obligations of parties to participation agreement
10 Extra privacy obligations of parties to participation agreement that request services
10A Failure to comply with participation agreements
11 Participation agreement must let parties limit use of identification information they make available for identity verification services
12 Requirements relating to compliance with participation agreement
14 Access policies for services
Subdivision C--Definition of DVS
15 Definition of DVS
Subdivision D--Definition of FIS
16 Definition of FIS
17 Requirements for valid request for FIS
18 Characteristics and purpose of comparison involved in FIS
Subdivision E--Definition of FVS
19 Definition of FVS
20 Characteristics and purpose of comparison involved in FVS
Division 3--Miscellaneous
21 False and misleading statements in requests for services
22 This Act binds Crown
Part 2--Developing, operating and maintaining approved identity verification facilities
23 Simplified outline of this Part
24 Department may develop, operate and maintain approved identity verification facilities
25 How facilities are to be developed, operated and maintained
Part 3--Authorising collection, use and disclosure of identification information
Division 1--Simplified outline
26 Simplified outline of this Part
Division 2--Collection, use and disclosure of identification information by the Department
27 Collection of identification information by the Department
28 Use and disclosure of identification information by the Department
Part 4--Protection of information
Division 1--Simplified outline
29 Simplified outline of this Part
Division 2--Prohibition on recording or disclosure of, or access to, information by entrusted persons
30 Prohibition on recording or disclosure of, or access to, information by entrusted persons
31 Exercising powers, or performing functions or duties, as an entrusted person
32 Disclosure to lessen or prevent threat to life or health
33 Information communicated etc. to integrity agencies
35 Disclosure etc. with consent
Part 5--Miscellaneous
36 Simplified outline of this Part
37 No requirement for individuals to identify themselves
38 Delegation of Secretary's powers and functions under this Act
39 Publication of agreements and policies
40 Annual assessment by Information Commissioner
41 Annual reporting
42 Fees
43 Interim review, and review of this Act and provision of identity verification services
44 Rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
115, 2023 | 14 Dec 2023 | s 15-41 and 43: 14 June 2024 (s 2(1) items 2, 4) |
| |
128, 2024 | 10 Dec 2024 | Sch 1 (item 48): 11 Dec 2024 (s 2(1) item 5) | -- |
Provision affected | How affected |
Part 1 |
|
Division 2 |
|
Subdivision B |
|
s 9..................... | ed C1 |
s 10A................... | am No 128, 2024 |
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Paragraph 9(1)(e)
Kind of editorial change
Update to a reference of a law or a provision
Details of editorial change
Paragraph 9(1)(e) contains a reference to the Privacy Act 1993 of New Zealand instead of the Privacy Act 2020 of New Zealand.
This compilation was editorially changed to update a reference from the Privacy Act 1993 of New Zealand to the Privacy Act 2020 of New Zealand in paragraph 9(1)(e).