Identity Verification Services (Consequential Amendments) Act 2023

No. 116, 2023

An Act to make amendments consequential on the enactment of the Identity Verification Services Act 2023, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Australian Passports Act 2005

Identity Verification Services (Consequential Amendments) Act 2023

No. 116, 2023

An Act to make amendments consequential on the enactment of the Identity Verification Services Act 2023, and for related purposes

[Assented to 14 December 2023]

The Parliament of Australia enacts:

1  Short title

  This Act is the Identity Verification Services (Consequential Amendments) Act 2023.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Australian Passports Act 2005

1  Subsection 6(1)

Insert:

Document Verification Service has the same meaning as DVS has in the Identity Verification Services Act 2023.

Face Verification Service has the same meaning as FVS has in the Identity Verification Services Act 2023.

2  Section 46

Before “On request,”, insert “(1)”.

3  After paragraph 46(d)

Insert:

 (da) participating in:

 (i) the Document Verification Service; or

 (ii) the Face Verification Service; or

 (iii) any other service specified, or of a kind specified, in the Minister’s determination;

  to share or match information relating to the identity of a person;

4  At the end of section 46

Add:

 (2) To avoid doubt, information may be provided to the service referred to in paragraph (1)(da) before being disclosed to the person participating in the service.

5  Application of amendments

The amendments of section 46 of the Australian Passports Act 2005 made by this Schedule apply in relation to any personal information disclosed after the commencement of this item (whether the information was obtained before or after that commencement).

6  At the end of Division 1 of Part 5

Add:

46A  Minister may arrange for computer programs to disclose personal information for the purposes of certain identity verification services

 (1) The Minister may arrange for the use, under the Minister’s control, of computer programs in disclosing personal information under paragraph 46(1)(da) to a person participating in:

 (a) the Document Verification Service; or

 (b) the Face Verification Service.

 (2) For the purposes of this Act or any legislative instrument made under this Act, the Minister is taken to have disclosed personal information in accordance with paragraph 46(1)(da) if the disclosure was made by the operation of a computer program under an arrangement made under subsection (1) of this section.

7  Application of amendments

Section 46A of the Australian Passports Act 2005, as inserted by this Schedule, applies in relation to any personal information disclosed after the commencement of this item (whether the information was obtained before or after that commencement).

[Minister’s second reading speech made in—

House of Representatives on 13 September 2023

Senate on 19 October 2023]