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2022-2024
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
DIGITAL ID REPEAL BILL 2024
EXPLANATORY MEMORANDUM
(Circulated by authority of Senators Antic, Babet, Canavan, Hanson, Rennick and Roberts)
DIGITAL ID REPEAL BILL 2024
OUTLINE
This Bill repeals the:
• Digital ID Act 2024; and
• Digital ID (Transitional and Consequential Provisions) Act 2024.
This Bill makes consequential amendments to the:
• Administrative Decisions (Judicial Review) Act 1977
• Age Discrimination Act 2004
• Australian Security Intelligence Organisation Act 1979
• Competition and Consumer Act 2010
• Privacy Act; and
• Taxation Administration Act 1953.
NOTES ON CLAUSES
Clause 1 - Short title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2 - Commencement
2. This clause provides that the whole of the Bill will commence on the later of either
the start of the day the bill receives the Royal Assent or immediately after the commencement
of the Digital ID Act 2024.
If this bill passes before the Digital ID Act 2024 commences the repeal will take effect from
the moment after the Digital ID Act 2024 commences. If this bill passes after the Digital ID
Act 2024 commences then the repeal will take effect from the start of the day the Bill receives
the Royal Assent.
This ensures that the repeal would not operate retrospectively.
Clause 3 - Schedules
3. This clause gives effect to the provisions in the Schedule to the Bill.
Schedule 1 - Repeal of the Digital ID Act 2024
Schedule 1 repeals the Digital ID Act 2024 in its entirety.
Schedule 2 - Repeal of the Digital ID (Transitional and Consequential Provisions) Act
2024
Part 1 of Schedule 2 repeals the Digital ID (Transitional and Consequential Provisions) Act
2024 in its entirety.
Part 2 of Schedule 2 repeals each of the consequential amendments which the Digital ID
(Transitional and Consequential Provisions) Act 2024 made to the:
• Administrative Decisions (Judicial Review) Act 1977;
• Age Discrimination Act 2004;
• Australian Security Intelligence Organisation Act 1979;
• Competition and Consumer Act 2010;
• Privacy Act 1988; and
• Taxation Administration Act 1953.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
DIGITAL ID REPEAL BILL 2024
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
This Bill will repeal the Digital ID Act 2024, repeal the Digital ID (Transitional and
Consequential Provisions) Act 2024 and reverse the amendments made by that Act.
While the Digital ID Act 2024 purports to create a "voluntary" system of Digital ID in
Australia, its practical operation and the exceptions provided to Digital ID being voluntary
will result in a Digital ID system that is, for all intents and purposes, mandatory if Australians
wish to participate in society.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
The Bill is compatible with human rights because it advances the protection of human rights
by ensuring that Australians are not forced to participate in centralised control of their
identification information in order to participate in basic domestic and professional settings.
Senator Alex Antic