Document ID: chunk:federal_register_of_legislation:F2024L01750:reg:122:p1
Version: federal_register_of_legislation:F2024L01750
Segment Type: reg
Provision Reference: reg 122 (pt 1/2)
Character Range: 142967–145785

122  Identification evidence—individuals

Identification procedures for individuals
 (1) The identity of an individual must be verified in accordance with a procedure specified in this section.

Verification of identity by accepting individual's digital identity
 (2) The identity of an individual may be verified by the individual consenting to the transfer of the individual's digital identity from an identity service provider to the Regulator.
 (3) However, subsection (2) applies only if the Regulator is able to accept that digital identity from that provider.

Verification of identity by means of documentary evidence
 (4) The identity of an individual may be verified by the provision of the following documents to the Regulator:
 (a) if the individual is an Australian citizen or is ordinarily resident in Australia—3 documents identifying the individual, of a kind set out in clause 1 of Schedule 1, at least one of which must be a category A document;
 (b) if the individual is a foreign person—3 documents identifying the individual, of a kind set out in clause 2 of Schedule 1, at least one of which must be a category A document;
 (c) if the individual's name has changed—a document that shows the change of name.
Note: Examples for paragraph (4)(c) include a marriage certificate, a deed poll and a certificate issued by a government authority that recognises the change of name.
 (5) An individual may provide a document identifier for a document in place of a document mentioned in subsection (4) if the Regulator is able to verify the document by providing the document identifier to the document verification service.

Verification of identity by reference by an authorised referee
 (6) If the individual:
 (a) is an Aboriginal person or a Torres Strait Islander; and
 (b) is unable to provide a digital identity, or the evidence mentioned in subsections (4) and (5);
the identity of the individual may be verified by the provision of a reference confirming the individual's identity to the Regulator by an authorised referee for the individual.
 (7) An authorised referee for an individual is a person who:
 (a) is not the individual's parent, grandparent, sibling, child or grandchild; and
 (b) has known the individual for at least 12 months; and
 (c) is one of the following:
 (i) the Chair, Secretary or chief executive officer of an incorporated indigenous organisation, including a land council, community council or housing organisation;
 (ii) the individual's employer;
 (iii) a school principal or a school counsellor;
 (iv) a minister of religion;
 (v) a medical practitioner;
 (vi) a treating health professional (within the meaning of section 197 of the Social Security Act 1991) or a manager in an Aboriginal Medical Service;
 (vii) a person who has been an officer in a Department of