Stephen Jones (Whitlam, Australian Labor Party, Assistant Treasurer) Share this | Link to this | Hansard source

I present the explanatory memorandum to the Digital ID (Transitional and Consequential Provisions) Bill 2023, and I move:

That this bill be now read a second time.

The Digital ID (Transitional and Consequential Provisions) Bill 2023 operates in conjunction with the Digital ID Bill 2024 (the principal bill) and supports the principal bill in two ways.

Transitional arrangements

First, the bill provides for a smooth transition from the unlegislated Trusted Digital Identity Framework for accreditation of digital ID services to the Digital ID Accreditation Rules under the principal bill. Second, the bill clarifies the arrangements for transitioning participants in the unlegislated Australian government digital ID system to the legislated Australian Government Digital ID System set out in the principal bill.

In addition, certain Commonwealth entities which are currently participating in the unlegislated Australian government digital ID system will be taken to be participating in the Australian Government Digital ID System regulated by the principal bill. This avoids those entities needing to reapply to the new regulator to participate in the Australian Government Digital ID System under the bill. This will help ensure these entities can continue providing uninterrupted services to the Australian community upon the commencement of the principal bill, which will apply additional privacy and other safeguards.

To further support these transitional arrangements, the bill also provides that the minister may make certain rules by legislative instrument allowing prescription of matters of a transitional nature for up to 12 months to address any unforeseen circumstances arising after the commencement of the principal bill. However, rules cannot be made that accredit an entity under the bill or approve an entity to participate in the Australian Government Digital ID System once the bill has commenced.

Rules can be made to provide for entities that are accredited under the current unlegislated arrangements, or achieve accreditation under those arrangements before the bill commences, to be taken to be accredited under the principal bill. These rules can also provide for entities participating in the unlegislated AGDIS to be taken to be participating in the AGDIS under the principal bill. This rule-making power is provided to manage the transition to the accreditation rules to be made under the principal bill, and complex information technology infrastructure changes that are not known at the time of this bill's introduction.

Consequential amendments

The second key function of this bill is to amend relevant Commonwealth legislation to ensure that the principal bill operates as intended.

This bill amends six acts.

First, the bill makes a consequential amendment to schedule 1 of the Administrative Decisions (Judicial Review) Act 1977 to exclude from judicial review under that act decisions made by the Digital ID Regulator under the principal bill on the basis of security assessment of foreign entities provided by the Australian Security Intelligence Organisation (ASIO). This will mean that decisions made to protect Australia's national security cannot be challenged by foreign entities under the act.

Second, the bill makes a consequential amendment to schedule 2 of the Age Discrimination Act 2004 to exclude from the operation of part 4 of that act anything done by a person in direct compliance with the minimum-age requirements of the accreditation rules to be made under the principal bill. This will mean that obligations on accredited entities about the minimum age at which they can facilitate a child to create a digital ID will be lawful.

Third, this bill makes consequential amendments to part IV of the Australian Security Intelligence Organisation Act 1979 to allow ASIO to provide security assessments to the minister in relation to decisions the minister may make under the principal bill, and to limit the notice and review processes for foreign entities in relation to security assessments. Again, these amendments protect Australia's national interest.

Fourth, this bill makes consequential amendments to the Competition and Consumer Act 2010 to establish the Australian Competition and Consumer Commission as the Digital ID Regulator.

Fifth, this bill makes a consequential amendment to the Privacy Act 1988 to give the Information Commissioner, as regulator of the additional privacy safeguards in the principal bill, power to conduct certain assessments. These are assessments as to whether personal information is being maintained and handled by accredited entities in accordance with privacy protections and the Australian Privacy Principles.

Sixth, this bill makes consequential amendments to the Taxation Administration Act 1953 to give the Taxation Commissioner functions that allow the commissioner to offer accredited identity provider services and accredited attribute provider services to non-Commonwealth participants in the AGDIS.

Conclusion

The bill that the government is introducing today sets out transitional and consequential arrangements that, together, ensure an orderly, efficient and fair transition to the new statutory framework under the Digital ID Bill 2024.

I commend the bill to the House.

Paul Fletcher (Bradfield, Liberal Party, Shadow Minister for Government Services and the Digital Economy) Share this | Link to this | Hansard source

I rise to speak briefly on the Digital ID (Transitional and Consequential Provisions) Bill 2023. I simply wish to advise the House that the coalition will be opposing this bill, for the reasons given in the longer speech that I gave in relation to the Digital ID Bill 2024.

Debate adjourned.