Identity Verification Services (Consequential Amendments)

Current status

This bill became law on Dec 14th, 2023.

Policy area

Law, justice & rights

What does this bill do?

Australia’s passport law now clearly lets passport information be disclosed so agencies can use the Document Verification ServiceA government checking service that matches details from a document, such as a passport or driver licence, against official records to see if they line up., the Face Verification ServiceA service that compares a person's photo or facial image with the image on an official identity document to check whether they are the same person., and other minister-approved identity checking services.

Why was it introduced?

Passport law did not clearly allow passport information to be disclosed or matched through the national document and face verification services. This bill fixes that gap by letting agencies and automated systems use passport data for those identity checks when the main identity verification law starts.

Broader context

Australia’s document and face verification services were already being used at large scale to help government agencies and businesses confirm identities, but passport law did not clearly authorise passport information to be disclosed and matched through those systems. The bill responded by aligning the Australian Passports ActThe law that governs Australian passports, which this bill changes so passport information can be used in identity checks. with the new national identity verification framework so passport data could be used, including through automated systems, received Royal AssentThe final approval that turns a passed bill into an Act of Parliament. in December 2023, and commenced on 14 June 2024 when the linked section 24The trigger provision in the main identity verification law that must start before these passport amendments begin to operate. of the main Identity Verification Services Act commenced.

Key criticism

The main criticism was that the bill was pushed through too quickly, without enough scrutiny, consultation or settled privacy safeguards for expanded identity and face-matching uses of passport data. That concern was raised most clearly by Coalition speakers and some crossbench critics, while the Greens argued support should wait until broader Privacy ActAustralia's main privacy law, which critics say should be stronger before more identity data is shared through these services. reforms were in place.

Who supported it?

Mark Dreyfus MP introduced this bill. It passed with support from Labor, Greens, Liberal Party, Jacqui Lambie Network, some crossbench members; opposed by One Nation, Nationals, UAP, some crossbench members.

Introduced in House 13 Sept 2023
Passed House 18 Oct 2023
Passed Senate 06 Dec 2023 Aye 32 No 6
Became law 14 Dec 2023

Did it become law?

Yes

Became law 14 Dec 2023

Final passage

Recorded final vote

1 counted final-passage vote was recorded.

Passage speed

92 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Australia’s passport law now clearly lets passport information be disclosed so agencies can use the Document Verification ServiceA government checking service that matches details from a document, such as a passport or driver licence, against official records to see if they line up., the Face Verification ServiceA service that compares a person's photo or facial image with the image on an official identity document to check whether they are the same person., and other minister-approved identity checking services.

  2. The change allows passport information to be shared or matched to check a person’s identity through the national document and face verification services.

  3. The Minister can set up computer systems to automatically send passport information through the Document Verification ServiceA government checking service that matches details from a document, such as a passport or driver licence, against official records to see if they line up. or Face Verification ServiceA service that compares a person's photo or facial image with the image on an official identity document to check whether they are the same person., instead of relying only on manual handling.

  4. These amendments only start if section 24The trigger provision in the main identity verification law that must start before these passport amendments begin to operate. of the main identity verification law starts, so the passport changes do not operate on their own.

Show source excerpts
  1. (iii) any other service specified, or of a kind specified, in the Minister’s determination;
    Identity Verification Services (Consequential Amendments) Act 2023 final Act text
  2. to share or match information relating to the identity of a person;
    Identity Verification Services (Consequential Amendments) Act 2023 final Act text
  3. The Consequential Amendments Bill will also allow for automated disclosures of personal information to a specified person via the DVS or the FVS. In combination, this comprehensively authorises the operation of the DVS and FVS in relation to Australian travel documents regulated by the Australian Passports Act.
    Identity Verification Services (Consequential Amendments) explanatory memorandum
  4. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.
    Identity Verification Services (Consequential Amendments) Act 2023 final Act text

Broader context for this bill

Australia’s document and face verification services were already being used at large scale to help government agencies and businesses confirm identities, but passport law did not clearly authorise passport information to be disclosed and matched through those systems. The bill responded by aligning the Australian Passports ActThe law that governs Australian passports, which this bill changes so passport information can be used in identity checks. with the new national identity verification framework so passport data could be used, including through automated systems, received Royal AssentThe final approval that turns a passed bill into an Act of Parliament. in December 2023, and commenced on 14 June 2024 when the linked section 24The trigger provision in the main identity verification law that must start before these passport amendments begin to operate. of the main Identity Verification Services Act commenced.

  1. 2022-23

    Document and face verification services were already widely used

    Parliament was told the Document Verification ServiceA government checking service that matches details from a document, such as a passport or driver licence, against official records to see if they line up. was used 140 million times in the previous year and the Face Verification ServiceA service that compares a person's photo or facial image with the image on an official identity document to check whether they are the same person. 2.6 million times in 2022-23, showing these checks were already embedded in everyday identity verification.

    Hansard ↗
  2. 13 Sept 2023

    Government introduces the passport amendments bill

    The government introduced the bill to let passport information be disclosed through the document verification and face verification services, including by automated systems.

    Hansard ↗
  3. 17 Oct 2023

    Parliament describes the services as operating for years without a full statutory footing

    During debate, MPs said the bills would place existing identity verification services that had been operating for a number of years onto a clearer legislative basis.

    Hansard ↗
  4. 18 Oct 2023

    House passes the bill

    The House agreed to the bill at second and third reading, sending the passport amendments forward as part of the broader identity verification package.

    Parliamentary timeline ↗
  5. 07 Dec 2023

    Parliament passes the bill

    Both houses settled the bill in the same form after the House agreed to a Senate amendment, completing its parliamentary passage.

    Parliamentary timeline ↗
  6. 14 Dec 2023

    Bill receives Royal AssentThe final approval that turns a passed bill into an Act of Parliament.

    Royal AssentThe final approval that turns a passed bill into an Act of Parliament. turned the bill into an Act. Its passport data changes commenced later, on 14 June 2024, when the linked section 24The trigger provision in the main identity verification law that must start before these passport amendments begin to operate. of the main identity verification law commenced.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 13 Sept 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed. opened 13 Sept 2023

A minister or sponsoring member moved the second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed., opening the main debate on the bill's purpose and principles.

Second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed. moved

Legal and Constitutional Affairs Legislation Committee; Committee report (09/11/2023) review 14 Sept 2023

Referred to Committee (14/09/2023): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (09/11/2023)

Referred to committee

APH bill page notes
Second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed. debate 17 Oct 2023

The bill reached this recorded parliamentary step.

Sent to Federation Chamber for debate 17 Oct 2023

The bill reached this recorded parliamentary step.

Referred to Federation Chamber

Second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed. debate 18 Oct 2023

The bill reached this recorded parliamentary step.

Returned from Federation Chamber 18 Oct 2023

The bill reached this recorded parliamentary step.

Reported from Federation Chamber

House second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed. agreed 18 Oct 2023

The chamber agreed to the bill at second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed., meaning it accepted the bill in principle and allowed it to continue.

Second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed. agreed to

House third reading agreed 18 Oct 2023

The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.

Third reading agreed to

Introduced 19 Oct 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed. opened 19 Oct 2023

A minister or sponsoring member moved the second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed., opening the main debate on the bill's purpose and principles.

Second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed. moved

Second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed. debate 06 Dec 2023

The bill reached this recorded parliamentary step.

Senate second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed. agreed 06 Dec 2023

The chamber agreed to the bill at second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed., meaning it accepted the bill in principle and allowed it to continue.

Second readingThe stage in Parliament where members debate the purpose of a bill and decide whether it should proceed. agreed to

Senate agreed to amendment packages Aye 32 No 6 06 Dec 2023

Recorded vote: 32 to 6.

The chamber considered amendments before the bill moved to the next stage.

Third reading agreed to :

Consideration of Senate message 07 Dec 2023

The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form. The main accepted Senate changes reflected in the final bill were: The introduced and as-passed bill texts differ in 1 observed text block. Observed text changed from "(b) the commencement of the Identity Verification Services Act 2023.

Passed both houses 07 Dec 2023

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 14 Dec 2023

The Governor-General gave Royal AssentThe final approval that turns a passed bill into an Act of Parliament., turning the bill into an Act.

The main case against this bill

The main criticism was that the bill was pushed through too quickly, without enough scrutiny, consultation or settled privacy safeguards for expanded identity and face-matching uses of passport data. That concern was raised most clearly by Coalition speakers and some crossbench critics, while the Greens argued support should wait until broader Privacy ActAustralia's main privacy law, which critics say should be stronger before more identity data is shared through these services. reforms were in place.

Most criticism focused on process and privacy safeguards, not the basic goal of identity verification.

Rushed process and weak scrutiny

Critics argued the bill should not pass in a hurry because parliament had not had enough time for hearings, consultation and detailed testing of its effects. They said the policy direction may be acceptable, but the drafting and process were not strong enough to justify waving it through unchanged.

Raised by Coalition speakers including Paul Fletcher, Michael McCormack and Aaron Violi Source ↗

Privacy safeguards not strong enough yet

The sharpest policy objection was that the scheme would share or match sensitive identity data before broader privacy law reforms were in place, leaving people exposed to weaker consentPermission from the individual whose identity is being checked, which the bill and debate treat as a key safeguard. protections. Critics warned that consentPermission from the individual whose identity is being checked, which the bill and debate treat as a key safeguard. could become effectively take-it-or-leave-it rather than genuinely free and informed.

Raised by Australian Greens and some senators raising privacy concerns, including Max Chandler-Mather, David Shoebridge and Paul Scarr Source ↗

Surveillance and coercion risks

A narrower but stronger line of criticism said the bill could help normalise biometric tracking and expand centralised government data systems beyond what existing safeguards could safely control. These critics warned that once built, the framework could be used coercively or create larger harms if data was misused or breached.

Raised by Some minor-party and crossbench opponents including Malcolm Roberts and Matthew Canavan Source ↗

Recorded votes

How the bill itself passed

The chamber-passage votes come first. Expand a vote to see the party breakdown.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

18 Oct 2023

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Carried

Senate passed the bill

Aye 32 No 6

Passed 32 to 6. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from One Nation, Nationals, and UAP. One cross-floor vote was recorded: Alex Antic (Liberal Party) voted no. Liberal Party had split recorded votes. Minor-party and independent votes were split.

06 Dec 2023

Party Recorded votes Aye / No
Labor 14 / 0
Greens 8 / 0
Liberal Party 4 / 1
Unknown 4 / 1
One Nation 0 / 2
Independent 1 / 0
Jacqui Lambie Network 1 / 0
Nationals 0 / 1
UAP 0 / 1

Amendments at a glance

Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.

House

Carried

House accepted all Senate amendments

The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Senate

Defeated

One Nation consent amendments defeated

Aye 6 No 33

Defeated 6 to 33. Support came from One Nation, Nationals, and UAP. Opposition came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. One cross-floor vote was recorded: Alex Antic (Liberal Party) voted aye. Liberal Party had split recorded votes. Minor-party and independent votes were split.

06 Dec 2023

If carried, the bill would have used a stricter consentPermission from the individual whose identity is being checked, which the bill and debate treat as a key safeguard. test for each instance of identity verification. The amendments were defeated.

Party Recorded votes Aye / No
Labor 0 / 14
Greens 0 / 8
Liberal Party 1 / 5
Unknown 1 / 4
One Nation 2 / 0
Independent 0 / 1
Jacqui Lambie Network 0 / 1
Nationals 1 / 0
UAP 1 / 0
Defeated

Greens restricted-information amendments defeated

Aye 8 No 30

Defeated 8 to 30. Support came from Greens. Opposition came from Labor, Liberal Party, One Nation, Jacqui Lambie Network, and minor parties and independents.

06 Dec 2023

If carried, the bill would have added explicit limits on restricted information in identity verification facilities. The amendments were defeated.

Party Recorded votes Aye / No
Labor 0 / 14
Greens 8 / 0
Liberal Party 0 / 6
Unknown 0 / 4
One Nation 0 / 2
Independent 0 / 1
Jacqui Lambie Network 0 / 1
Nationals 0 / 1
UAP 0 / 1
Carried

Government commencement amendment accepted

The Senate accepted the Government amendment that tied commencement to section 24The trigger provision in the main identity verification law that must start before these passport amendments begin to operate. of the main Identity Verification Services Act.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Defeated

Delay debate until privacy reforms are in place

Senator Shoebridge’s second-reading proposal, decided on voices, would have postponed further consideration of the bill until the Government’s comprehensive privacy reforms were available.

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

CW - Government [sheet UD102] agreed

The Senate recorded this proposed amendment as carried on voices without a counted division.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Defeated

Delay debate until privacy reforms are in place

The Senate rejected Senator Shoebridge’s proposal on voices; it would have postponed further consideration of the bill until the Government’s comprehensive privacy reforms were available.

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Carried

Government sheet UD100 changes accepted

The Senate accepted the Government amendment package on sheet UD100, including privacy, consentPermission from the individual whose identity is being checked, which the bill and debate treat as a key safeguard., review and rule-making changes.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

This list includes amendment votes, procedural votes and votes on the bill itself.

The parliamentary record also shows 1 Government amendment agreed without a counted division.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Mark Dreyfus

Australian Labor Party • MP 13 Sept 2023

Dreyfus supports the bill, saying it makes the passport framework work with the document verification and face verification services so personal information can be disclosed automatically to specified people.

Read in Hansard ↗
Lead opposing voice Opposes

Michael McCormack

National Party • MP 18 Oct 2023

McCormack says the coalition will oppose the bill because it has been rushed through without enough scrutiny, hearings, consultation, or answers about privacy and operational impacts.

Read in Hansard ↗
Lead supporting voice Supports

Keith Wolahan

Liberal Party • MP 18 Oct 2023

Wolahan supports the identity verification bills, but says the government has handled them badly and needs to do much better on consultation, privacy and public trust.

Read in Hansard ↗
Lead voice Mixed

Paul Fletcher

Liberal Party • MP 17 Oct 2023

Fletcher says the opposition cannot support the bill as it stands because there are too many unknowns and the process has been rushed.

Read in Hansard ↗

All speeches by bloc

Labor

5 speakers · 5 support

  1. Michelle Ananda-Rajah Michelle Ananda-Rajah supports the bill because she says it gives digital identity services a clear legal framework with stronger safeguards, consentPermission from the individual whose identity is being checked, which the bill and debate treat as a key safeguard. rules, and oversight to protect Australians from identity theft and rebuild trust.
    “Our bill is a step towards restoring public trust in government and confidence in the digital economy by making it safer for Australians to use online services. The Identity Verification Services Bill is about both recognising that digital identity services are the future and providing necessary safeguards to ensure Australians can embrace them with confidence and trust.”

    Australian Labor Party • MP • 18 Oct 2023

    Read the full speech in Hansard ↗
  2. Katy Gallagher Gallagher supports the bill, saying it gives lawful authority for automated disclosures needed to keep identity verification services operating securely and with privacy safeguards.
    “The Identity Verification Services (Consequential Amendments) Bill 2023 will amend the Australian Passports Act 2005 to allow for automated disclosures of personal information to a specified person via the Document Verification Service or the Face Verification Service.”

    Australian Labor Party • Senator • 19 Oct 2023

    Read the full speech in Hansard ↗
  3. Anne Stanley Stanley supports the bill, saying it gives the identity verification system a clear legal basis while adding strong privacy, consentPermission from the individual whose identity is being checked, which the bill and debate treat as a key safeguard., auditing and transparency safeguards.
    “These bills before the House today will ensure these systems have a clear legislative underpinning and are subject to robust privacy safeguards. They will authorise one-to-one matching for DVS, which allows the verification of biographic information, such as a name and date of birth, against government issued IDs. They will also authorise one-to-one matching through FVS, which will allow the matching of photographs with government issued IDs.”

    Australian Labor Party • MP • 18 Oct 2023

    Read the full speech in Hansard ↗
  4. Michelle Rowland Rowland supports the bill, saying it is needed to keep passport-based identity verification working and to support the wider identity verification framework with privacy safeguards.
    “The Identity Verification Services (Consequential Amendments) Bill 2023 will amend the Australian Passports Act 2005 to allow for automated disclosures of personal information to a specified person via the Document Verification Service or the Face Verification Service. This will enable the continued verification of identity using passports.”

    Australian Labor Party • MP • 18 Oct 2023

    Read the full speech in Hansard ↗

Coalition

8 speakers · 4 support · 2 oppose · 2 mixed

  1. Aaron Violi Violi says the opposition supports the principle of the bill, but will only back it after committee scrutiny because he thinks the process has been botched and the bill's scope and impact are not yet clear.
    “In conclusion, it may be that, once the committee has completed its review, we will support this. As I said, we do support the principle of this bill. At their heart, they are good ideas. It is important that we get this right. But it is, as I said, a missed opportunity, a failure to follow through and, ultimately, a botched process. Until these bills are scrutinised and we have that clarity about their scope and impact, it's not the sort of legislation that we can just wave through.”

    Liberal Party • MP • 18 Oct 2023

    Read the full speech in Hansard ↗
  2. Michaelia Cash Michaelia Cash says the coalition will support the bill, but only after the government accepted significant changes that addressed serious deficiencies in the version first put to the parliament.
    “The many changes that have been agreed, and the supporting work around the edges, have improved this legislation. The legislation is now in a position where the coalition can support it.”

    Liberal Party • Senator • 06 Dec 2023

    Read the full speech in Hansard ↗
  3. Paul Scarr Scarr supports the bill, but says the process has been rushed and the wider privacy and digital identity framework is fragmented.
    “The government would do well to heed those words. My colleague Senator Shoebridge, who makes an outstanding contribution on the Legal and Constitutional Affairs committees on which I serve with him, raised the issue of consent. Can I just say that expressed consent is one thing, but it also can't be Hobson's choice. It's got to be a real choice for people with respect to these matters.”

    Liberal Party • Senator • 06 Dec 2023

    Read the full speech in Hansard ↗
  4. Jason Wood Wood says the Liberal Party supports the bill because it is being brought forward for the right reasons to help protect Australians from scams and identity theft.
    “I do acknowledge the government is bringing this bill forward for all the right reasons, and I thank the communications minister for that. The only concern on our side is that has been the process and doubling down in looking at that to make sure all those changes which could be made to protect Australians are made.”

    Liberal Party • MP • 18 Oct 2023

    Read the full speech in Hansard ↗
  5. Matthew Canavan Canavan opposes the bill, arguing it would massively expand government surveillance and centralised data collection without the Privacy ActAustralia's main privacy law, which critics say should be stronger before more identity data is shared through these services. reforms needed to protect people's information.
    “Nothing demonstrates more why we should oppose this bill tonight than that the government has allotted the sum total of 30 minutes for debate. One of the most significant pieces of legislation to come before our parliament this year, massively expanding the amount of power and surveillance the state has over Australian citizens and individuals, has been given the sum total of 30 minutes for debate. I will not get to make the normal 15-minute contribution here because I rose with just one minute left on the clock. The government is trying to gag any opposition to this bill because it cannot defend why it needs to collect so much data on law-abiding Australian citizens in this country.”

    Liberal National Party • Senator • 06 Dec 2023

    Read the full speech in Hansard ↗

Greens

2 speakers · 2 oppose

  1. David Shoebridge Shoebridge opposes immediate passage of the bill and wants it delayed until broader privacy reforms are in place, arguing the current protections are not good enough.
    “Omit all words after "that", substitute "further consideration of this bill be postponed until the Government's comprehensive privacy reforms are available to ensure the best possible privacy protections are in place for personal information".”

    Australian Greens • Senator • 06 Dec 2023

    Read the full speech in Hansard ↗
  2. Max Chandler-Mather Chandler-Mather says the Greens will oppose the bill unless the Privacy ActAustralia's main privacy law, which critics say should be stronger before more identity data is shared through these services. reforms are in place first, because the current scheme relies on bundled consentPermission from the individual whose identity is being checked, which the bill and debate treat as a key safeguard. and risks weaker privacy protections for shared identity data.
    “"the House declines to give the bill a second reading until the Privacy Act reforms are in place in recognition of the significant privacy and data implications of this proposal".”

    Australian Greens • MP • 18 Oct 2023

    Read the full speech in Hansard ↗

One Nation

1 speaker · 1 oppose

  1. Malcolm Roberts Roberts opposes the bill and urges the Senate to reject it, arguing that it will normalise biometric tracking and help build a broader digital control system.
    “I implore the Senate to vote against this bill and to reject this bill. This is the first of three bills necessary to turn Australia into the world's first World Economic Forum digital prison.”

    Pauline Hanson's One Nation Party • Senator • 06 Dec 2023

    Read the full speech in Hansard ↗

Full record

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