Document ID: chunk:federal_register_of_legislation:F2024L01430:front:0:p3
Version: federal_register_of_legislation:F2024L01430
Segment Type: other
Provision Reference: 
Character Range: 5560–8225

the approval of an entity to participate in the Australian Government Digital ID System, the Digital ID Regulator may have regard to whether the entity is a fit and proper person (see subsections 15(5), 25(4), 26(3), 62(2), 71(3) and 72(3) of the Act).
 (2) For the avoidance of doubt, this Chapter does not limit the matters to which the Digital ID Regulator may have regard when considering whether the person is a fit and proper person for the purposes of the Act, these rules, the Accreditation Rules, the Accreditation Data Standards and the AGDIS Data Standards.

2.2  Mandatory relevant matters
 (1) In having regard to whether an entity is a fit and proper person, the Digital ID Regulator must have regard to the following matters:
 (a) whether the entity, or an associated person of the entity, has, within the previous 10 years, been convicted or found guilty of:
 (i) a serious criminal offence; or
 (ii) an offence of dishonesty;
  against any law of the Commonwealth or of a State or Territory, or a law of a foreign jurisdiction;
 (b) whether the entity, or an associated person of the entity, has been found to have contravened:
 (i) a law relevant to the management of its DI data environment; or
 (ii) a similar law of a foreign jurisdiction;
 (c) whether the entity, or an associated person of the entity, has been the subject of:
 (i) a determination under paragraph 52(1)(b), or any of paragraphs 52(1A)(a) to (d), of the Privacy Act; or
 (ii) a finding or determination of a similar nature under a similar law of a State or Territory or a foreign jurisdiction;
 (d) if the entity is a body corporate—whether any of the directors of the entity, or of an associated person of the entity:
 (i) has been disqualified from managing corporations; or
 (ii) is subject to a banning order;
 (e) whether the entity, or an associated person of the entity, has a history of insolvency or bankruptcy;
 (f) whether the entity, or an associated person of the entity, has been the subject of a determination made under an external dispute resolution scheme that:
 (i) included a requirement to pay compensation; and
 (ii) was, at the time the determination was made:
 (A) recognised under section 35A of the Privacy Act; or
 (B) recognised under section 56DA of the Competition and Consumer Act 2010;
 (g) if the entity has made an application under section 14 of the Act for accreditation as an accredited entity—whether the entity's application was refused;
 (h) if the entity has made an application under section 61 of the Act for approval to participate in the Australian Government Digital ID System—whether the entity's application was refused;
 (i) if