Title Part 5—Miscellaneous
Database Bills & Legislation
Long Title a Bill for an Act about dealing with information for providing identity-matching services and for carrying on certain identity or community protection activities, and for related purposes
Date 31-07-2019 09:54 AM
Source House of Reps
Parl No. 46
Bill Number 156/19
Bill Type Government
Portfolio Home Affairs
Reps Bill Code O
Status Before Reps
System Id legislation/bills/r6387_first-reps/0005


Part 5—Miscellaneous

Part 5—Miscellaneous

  

26  Simplified outline of this Part

The Secretary of the Department may delegate his or her powers and functions under this Act.

Annual reports must be prepared and tabled in Parliament about things done in connection with certain identity‑matching services.

A review of the operation of this Act and the provision of identity‑matching services must be started within 5 years. A report of the review must be tabled in Parliament.

The Minister may make rules for the purposes of this Act.

27  Delegation of Secretary’s powers and functions under this Act

             (1)  The Secretary of the Department may, in writing, delegate all or any of his or her functions or powers under this Act to an SES employee or acting SES employee in the Department.

Note 1:       SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2:       Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

             (2)  In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Secretary of the Department.

28  Annual reporting

             (1)  The Secretary of the Department must give the Minister a report including the following information for each financial year:

                     (a)  statistics relating to all requests in the financial year, from authorities of the Commonwealth (except the Australian Security Intelligence Organisation) or of a State or Territory, for an FIS, FVS or OPOLS, broken down by:

                              (i)  requesting authority (identified by name); and

                             (ii)  service requested; and

                            (iii)  requests in response to which information contained in a government identification document, or confirmation of an individual’s identity, was provided; and

                            (iv)  requests in response to which neither information contained in a government identification document nor confirmation of an individual’s identity was provided; and

                             (v)  in the case of requests for an FIS—the kind of identity or community protection activity (identified by reference to a specific subsection of section 6) for whose purpose the service was requested;

                     (b)  statistics relating to all requests in the financial year from non‑government entities for an FVS, including:

                              (i)  the total number of those requests; and

                             (ii)  the total number of non‑government entities that made those requests; and

                            (iii)  the number of those requests in response to which information contained in a government identification document, or confirmation of an individual’s identity, was provided; and

                            (iv)  the number of those requests in response to which neither information contained in a government identification document nor confirmation of an individual’s identity was provided;

                     (c)  the following material relating to each authority of the Commonwealth (except the Australian Security Intelligence Organisation), and each authority of a State or Territory (including a local government authority), that used an IDSS to disclose or collect identification information in the financial year:

                              (i)  the name of the authority;

                             (ii)  a brief description of the nature of the information;

                            (iii)  an indication whether the authority collected or disclosed the information;

                     (d)  any other information that:

                              (i)  relates to the financial year and either an identity‑matching service or the administration of this Act; and

                             (ii)  is required by the Minister.

             (2)  The report must not unreasonably disclose personal information about an individual.

Timing of annual report

             (3)  The Secretary of the Department must give the Minister the report as soon as practicable after the end of the financial year and in any case within 6 months after the end of the financial year.

Tabling of annual report

             (4)  The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

29  Review of operation of this Act and provision of identity‑matching services

             (1)  The Minister must cause a review of the operation of this Act and the provision of identity‑matching services to be started within 5 years of the commencement of this section.

             (2)  The Minister must cause a report of the review to be prepared and given to the Minister.

             (3)  The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

30  Rules

             (1)  The Minister may, by legislative instrument, make rules prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the rules; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.

             (3)  Despite subsection 44(1) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to the rules.

             (4)  Despite subsection 54(1) of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to the rules.