This instrument is the Identity Verification Services Rules 2024.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	14 June 2024.	14 June 2024

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Identity Verification Services Act 2023.

4 Definitions

In this instrument:

Act means the Identity Verification Services Act 2023.

Part 2—Participation agreements

5 Prescribed privacy laws

For the purposes of subparagraph 9(1)(b)(ii) of the Act, each of the following is a prescribed privacy law:

(a) the Privacy and Personal Information Protection Act 1998 (NSW);

(b) the Privacy and Data Protection Act 2014 (Vic.);

(d) the Personal Information Protection Act 2004 (Tas.);

(e) the Information Privacy Act 2014 (ACT);

(f) the Information Act 2002 (NT).

6 Prescribed government authorities

For the purposes of paragraph 9(1)(d) of the Act, each of the following is a prescribed government authority:

(a) the Australian Criminal Intelligence Commission;

(b) the Australian Secret Intelligence Service;

(d) the National Anti‑Corruption Commission;

(e) the Office of National Intelligence.

Part 3—NDLFRS hosting agreement

7 Prescribed privacy laws

For the purposes of subparagraph 13(2)(a)(ii) of the Act, each of the following is a prescribed privacy law:

(a) the Privacy and Personal Information Protection Act 1998 (NSW);

(b) the Privacy and Data Protection Act 2014 (Vic.);

(d) the Personal Information Protection Act 2004 (Tas.);

(e) the Information Privacy Act 2014 (ACT);

(f) the Information Act 2002 (NT).

Part 4—Fees

8 Fees for connections to approved identity verification facility

(1) For the purposes of paragraph 42(1)(a) of the Act, a fee is payable by a government authority or non‑government entity for a connection to an approved identity verification facility mentioned in an item of the table in subsection (4) of this section.

Note: An authority or entity may have more than one connection to a facility.

(2) Subject to subsection (3), the amount of the fee for the connection is the sum of:

(a) the amount mentioned in column 2 of the item that covers the facility; and

(b) the amount worked out by multiplying:

(i) the number of kinds of documents (see subsection (5)) in relation to which the authority or entity is seeking to be able to request identity verification services using the facility; by

(ii) the amount mentioned in column 3 of the item.

Note: This subsection applies if the authority or entity:

(a) is not otherwise connected to the facility; or

(b) is seeking to increase its number of connections to the facility.

(3) If:

(a) the authority or entity has a connection (the existing connection) to the facility; and

(b) the authority or entity seeks to replace the existing connection with a connection to the facility that would enable the authority or entity to request identity verification services in relation to:

(i) one or more kinds of documents (see subsection (5)) in relation to which the existing connection enables the authority or entity to request identity verification services; and

(ii) one or more other kinds of documents;

the amount of the fee for the replacement connection is the amount worked out by multiplying:

(d) the amount mentioned in column 3 of the item that covers the facility.

Note: This subsection applies if the number of connections an authority or entity has to an identity verification facility will not change.

Example: A non‑government entity has a connection to the DVS Hub, and can make requests using that facility for identity verification services in relation to the kinds of documents mentioned in paragraphs (5)(a), (b) and (c). The entity would like to replace that connection with a connection that enables them to request identity verification services in relation to the kinds of documents mentioned in paragraphs (5)(a), (b), (c), (d) and (e).

Because there are 2 kinds of documents in relation to which subparagraph (b)(ii) of this subsection will apply (the kinds of documents mentioned in paragraphs (5)(d) and (e)), the amount of the fee for the replacement connection will be $909.10 (see column 3 of item 1 of the table in subsection (4)).

(4) For the purposes of subsections (1) to (3), the table is as follows:

Fees for connection to an approved identity verification facility
Item	Column 1 Approved identity verification facility	Column 2 Base connection amount	Column 3 Amount per kind of document
1	DVS hub	(a) for a government authority—$5,470.95; or (b) for a non‑government entity—$24,610.40	$454.55
2	Face Matching Service Hub	(a) for a government authority—$12,000; or (b) for a non‑government entity—$31,139.45	$850

Note: The amounts in this table do not include any amount of GST that may be payable.

Kinds of documents

(5) For the purposes of subsections (2) and (3), each of the following is taken to be a different kind of document:

(a) a birth certificate issued by or on behalf of an authority of a State or Territory;

(b) a death certificate issued by or on behalf of an authority of a State or Territory;

(d) a notice given under section 37 of the Australian Citizenship Act 2007 stating that a person is an Australian citizen at a particular time;

(e) a certificate issued by an authority of a State or Territory indicating that an individual has changed the individual’s name;

(f) a driver’s licence (however described) issued by or on behalf of an authority of a State or Territory;

(g) a document issued by or on behalf of an authority of a State or Territory to assist an individual to prove the individual’s age or identity;

(h) a document issued to an individual, as a person who is not an Australian citizen, by the Department administered by the Minister administering the Migration Act 1958 to assist the individual to prove the individual’s identity;

(i) a certificate of marriage issued by or on behalf of an authority of a State or Territory whose function it is to register marriages;

(j) a document issued by a court setting out a divorce order made under the Family Law Act 1975;

(k) an Australian travel document (within the meaning of the Australian Passports Act 2005);

(l) a certificate signed by an officer (within the meaning of the Migration Act 1958) stating that, at a specified time, or during a specified period, a specified person was the holder of a visa that was in effect;

(m) an entry in a Roll (within the meaning of the Commonwealth Electoral Act 1918) relating to a particular individual;

(n) an aviation security identification card issued under regulations made for the purposes of the Aviation Transport Security Act 2004;

(o) an MSIC issued under regulations made for the purposes of the Maritime Transport and Offshore Facilities Security Act 2003;

(p) a medicare card (within the meaning of subsection 84(1) of the National Health Act 1953).

9 Fees for requests for identity verification services

(1) For the purposes of paragraph 42(1)(b) of the Act:

(a) a fee is payable for a request for an identity verification service mentioned in an item of the following table that is made by or on behalf of:

(i) a government authority, if subsection (2) of this section applies in relation to the request; or

(ii) a non‑government entity; and

(b) the amount of the fee is the amount mentioned in that item.

Fees for requests for identity verification services
Item	Identity verification service	Amount
1	DVS	$0.40
2	FVS	$0.40

Note: The amounts in this table do not include any amount of GST that may be payable.

(2) For the purposes of subparagraph (1)(a)(i), this subsection applies in relation to a request for an identity verification service if:

(a) before the request is made the Department is given notice by or on behalf of the government authority that, taking account of competitive neutrality, it would be appropriate for a fee to be charged for:

(i) all requests for the service made by or on behalf of the government authority; or

(ii) particular kinds of requests for the service made by or on behalf of the government authority; and

(b) if subparagraph (a)(ii) applies—the request is of one of the notified kinds.

Part 5—Application, saving and transitional provisions

10 Application of this instrument as originally made

(1) Part 2, as in force at the commencement of this instrument, applies in relation to a participation agreement whether the agreement is made before, on or after that commencement.

(2) Part 3, as in force at the commencement of this instrument, applies in relation to the NDLFRS hosting agreement whether the agreement is made before, on or after that commencement.

(3) Section 8, as in force at the commencement of this instrument, applies to a connection to an approved identity verification facility made on or after that commencement, whether the request for the connection was made before, on or after that commencement.