Document ID: chunk:federal_register_of_legislation:C2025C00160:section:74:p2
Version: federal_register_of_legislation:C2025C00160
Segment Type: section
Provision Reference: s 74 (pt 2/2)
Character Range: 142746–144619

under this subsection to the participating relying party if the Digital ID Regulator is satisfied that it is appropriate to do so.
Note: See Part 5 of Chapter 9 for matters relating to applications.
 (4A) In deciding whether to grant an exemption under subsection (4), the Digital ID Regulator must have regard to whether granting the exemption in relation to the participating relying party's service would unduly undermine access to services of that kind.
 (5) Without limiting subsection (4), the Digital ID Regulator may be satisfied that it is appropriate to grant an exemption if:
 (a) the participating relying party is a small business (within the meaning of the Privacy Act 1988); or
 (b) the participating relying party provides services, or access to services, solely online; or
 (c) the participating relying party is providing services, or access to services, in exceptional circumstances.
 (6) However, the Digital ID Regulator must not grant an exemption under subsection (4) to a participating relying party that is:
 (a) a Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013; or
 (b) a person or body that is an agency within the meaning of the Freedom of Information Act 1982; or
 (c) a body specified, or the person holding an office specified, in Part I of Schedule 2 to the Freedom of Information Act 1982.
 (7) An exemption under subsection (4):
 (a) must be in writing; and
 (b) may be revoked by the Digital ID Regulator if the Digital ID Regulator considers it appropriate to do so.
 (8) The Digital ID Regulator must:
 (a) give written notice of a decision to grant, or to refuse to grant, the exemption to the participating relying party; and
 (b) if the decision is to refuse to grant the exemption—give reasons for the decision to the participating relying party.