Document ID: chunk:federal_register_of_legislation:C2025C00160:section:5
Version: federal_register_of_legislation:C2025C00160
Segment Type: section
Provision Reference: s 5
Character Range: 109321–112091

5                                                                                 An entity that provides, or proposes to provide, services of a kind prescribed by the Accreditation Rules for the purposes of paragraph 14(1)(d)  (a) the entity:
                                                                                                                                                                                                                                    (i) must be accredited to provide services of that kind; and
                                                                                                                                                                                                                                    (ii) must hold an approval under section 62 to participate in the system; and
                                                                                                                                                                                                                                    (iii) must meet any other requirements prescribed by the Digital ID Rules; and
                                                                                                                                                                                                                                    (b) the participation start day for the entity must have arrived or passed

 (2) An entity contravenes this subsection if:
 (a) the entity provides or receives services within the Australian Government Digital ID System; and
 (b) the entity is not an entity mentioned in column 1 of an item in the table in subsection (1).
Civil penalty: 1,000 penalty units.
 (3) Subsection (2) does not apply to the following when performing functions or exercising powers under this Act:
 (a) the Digital ID Regulator;
 (b) the System Administrator.
 (3A) Subsection (2) does not apply to an entity if the entity is conducting testing in accordance with an authorisation granted to the entity under section 81.
 (4) Despite section 96 of the Regulatory Powers Act, in proceedings for a civil penalty order against a person for a contravention of subsection (2), the person does not bear an evidential burden in relation to the matter in subsection (3) or (3A).
 (5) An entity contravenes this subsection if:
 (a) the entity provides or receives services within the Australian Government Digital ID System; and
 (b) the entity is an entity mentioned in column 1 of an item in the table in subsection (1); and
 (c) the entity does not satisfy one or more requirements set out in column 2 of that item.
Civil penalty: 1,000 penalty units.

Division 2—Participating in the Australian Government Digital ID System