Digital ID Bill on Agenda in House of Representatives

Parliament promises to be busy in the first week of May, with digital ID and net zero legislation among the bills to be considered, along with the budget.

In this photo illustration a man holds a phone displaying a valid Australian digital COVID-19 vaccine certificate in Sydney, Australia, on Oct. 14, 2021. Cameron Spencer/Getty Images

The Digital ID is set to be brought before the Australian lower house of Parliament on May 15.

The legislation, which has already passed the Senate, is scheduled to be introduced to the house one day after the federal budget.

The bill will broaden Australia’s digital ID system for use by state and territory governments and the private sector.

Other proposed laws set to be considered this week include the Net Zero Economy Authority Bill 2024 and the New Vehicle Efficiency Standard Bill 2024.

The introduction of this legislation comes during what is set to be a busy week for the government, with treasurer Jim Chalmers set to bring down the Federal Budget on May 14.

The digital ID bill passed the Senate in late March with support of Labor, the Greens, Jacquie Lambie, and independents. The Coalition opposed the bill in the Senate.

The Labor Party control the numbers in the House of Representatives, meaning the legislation is likely to receive support.

The Digital ID Bill 2024 and the Digital ID (Transitional and Consequential Provisions) Bill 2024 enables individuals to verify their identity for online transactions with both government and businesses.

In the final sitting week of 2023, Finance and Government Services Minister Katy Gallagher originally introduced the bills to Senate.

It was then referred straight to the Senate Economics Legislation Committee for inquiry, before coming back to the Parliament in late March with amendments.

In March, Finance and Government Services Minister Katy Gallagher included amendments to the original legislation following a Senate Committee inquiry.

In a document provided to The Epoch Times at the time, Ms. Gallagher’s office noted the amendments would confirm the voluntary use of the digital ID.

In addition, it will enable individuals to deactivate their ID, meaning it cannot be used or reactivated without their consent.

Further, accredited private businesses will be able to join the digital ID system within two years of the law being enacted.

“This amendment is intended to give interested businesses confidence that the Government will expand the system to accredited private sector entrants within a two-year timeframe,” Ms. Gallagher said at the time.

Another key amendment limited the ability of law enforcement to access personal information held by digital ID providers.

Under the changes, law enforcement providers need to report annually to the attorney general to access or seek access to personal information.

The amendments proposed by Ms. Gallagher were approved by the Senate in late March.

Who Will Regulate the Digital ID?

Under the legislation, the Australian Competition and Consumer Commission (ACCC) will be the digital ID regulator, according to a fact sheet (pdf) distributed by the government.

The commission will accredit digital ID services, approve which services can be involved in the digital ID and enforce compliance of the law.

The government is touting that recent cyber incidents have brought to the forefront the need for a secure, voluntary, convenient, and inclusive way to verify ID online.

The legislation is needed to provide strong “privacy safeguards” for people creating and using digital ID from accredited providers, according to the government.

“Legislation is required to enable phased expansion of the Australian Government Digital ID System (AGDIS),” the government said.

The digital ID fact sheet also highlights that Australians are already able to use myGovID to access 130 federal, state, and territory government services.

“While many Australians are benefitting from these government services, the phased expansion will enable more Australians to create and use their Digital ID to verify who they are and provide access to additional state and territory and private sector services,” it states.

An explanatory memorandum on the bill states the digital ID is a “major economy wide reform” that will provide significant economic, security, and privacy benefits for individuals and businesses (pdf).

‘Might Not be as Voluntary as they Say’: Liberal Senator

However, Liberal Senator Alex Antic has recently raised concerns the digital identity “might not be as voluntary” as the government says.

Mr. Antic is concerned there is broad scope for the bill to reduce people’s ability to engage in online transactions, including banking.

“We all know that online banking is going to become even more prominent in the years ahead, and the number of physical branches and ATMs will probably decrease, potentially making it very difficult to access services,” he said in a video online.

Section 74 of the legislation states that “creating and using a digital ID is voluntary.” However, Mr. Antic noted that under section 74 (2), a bank is not breaking the law if they require a digital identity for their online service, because customers can still go to bank branches.

He added that online banking will become even more prominent in the years ahead, and the number of physical branches and ATM’s will “probably decrease.”

The digital ID regulator is also able to grant an exemption to the voluntary nature of the legislation “if the digital ID regulator is satisfied that it is appropriate to do so.”

Such exemptions could be granted if “the relying party is a small business,” as defined in the Privacy Act.

In addition, if a party provides services solely online, exemptions to the voluntary nature of the digital ID bill could also be granted, the government explained (pdf).

Mr. Antic garnered more than 120,000 signatures on a position opposing the legislation, while One Nation has also launched a petition signed by more than 65,000 people.

At a recent digital ID rally, One Nation Senator Malcolm Roberts warned that the system could lead to social credit in the future.

“What you can see here is a framework for a social credit system. Complete control of every citizen of Australia. Whether you like it or not,” Mr. Roberts said.

However, Ms. Gallagher reassured citizens that digital ID is safe and voluntary in a statement on March 27.

“Digital ID makes it safer and easier for Australians to prove who they are online,” she said in a statement on March 27.

“Australians will be sharing less personal information, which is held by fewer organisations, that are subject to stronger regulation—reducing the chance of identity theft online.”