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Austlii: Digital ID Bill s74

Notice of Liability (when Digital ID has been demanded)
Annexure R (Reference Materials Supporting Notice of Liability)

Revocation of consent to collect information to revoke access to collection of your private information, to any business or agency collecting private information.

Annexure A (fee schedule in gold)

Annexure B (explanation of gold v fiat/AUD)

Updated 29.9.2025 12.25pm NSW time – Revised with verified links in Annexure R added for all references

NOTICE OF LIABILITY

Re: Unlawful Compulsion to Provide Digital ID

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To: [Agency / Service Provider Name]
Attention: Chief Executive Officer / Responsible Officer

From: John Henry
Agent and Representative for JOHN HENRY DOE (ens legis)
UCC 1-308 — Without Prejudice

Date: [Insert date]

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1. Basis of Notice

This notice is issued in response to your communication asserting that access to services requires the creation or use of a “Digital ID.”

The Digital ID Act 2024 (Cth) establishes that use of a Digital ID is voluntary. Section 74(1) provides:

“A participating relying party must not, as a condition of providing a service, or access to a service, to an individual, require the individual to create, or use, a digital ID.”

There are limited statutory exceptions in subsections (2)–(4). Compulsion outside those exceptions is ultra vires and exposes your organisation and its officers to liability.

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2. Legal and Constitutional Obligations

• Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)
  APP 3 limits collection of personal information to what is reasonably necessary and requires consent for sensitive information such as biometric and voice data.
  APP 6 prohibits use or disclosure of personal information for purposes other than the purpose of collection, unless consent is given or a lawful exception applies.
  APP 11 requires reasonable steps to protect information from misuse, interference, or loss, and to destroy or de-identify it when no longer needed.
  (See Annexure R, Part 2)

• Digital ID Act 2024 (Cth)
  Section 74 prohibits conditioning services on Digital ID. It requires that any participating relying party must provide another means of accessing that service which does not involve Digital ID, and that alternative must be reasonably accessible and not on substantially less favourable terms.
  Section 83 prohibits false representation of approval under the Act, contravention of which is a civil penalty provision.
  (See Annexure R, Part 1)

• Competition and Consumer Act 2010 (Cth), Schedule 2 – Australian Consumer Law (ACL)
  Prohibits misleading or deceptive conduct (s 18), unconscionable conduct (ss 20–22), and false or misleading representations about the need for goods/services or about approval/affiliation (s 29).
  (See Annexure R, Part 3)

• International Covenant on Civil and Political Rights (ICCPR)
  Article 17 protects against arbitrary or unlawful interference with privacy.
  Article 26 guarantees equality before the law without discrimination.
  (See Annexure R, Part 4)

• Bill of Rights 1688 (1 Will & Mary Sess 2 c 2)
  Declares that levying money or imposing obligations without grant of Parliament is illegal.
  (See Annexure R, Part 5)

• Parliamentary Authority – House of Representatives Infosheet 23
  States: “Fundamental rights, freedoms and immunities are not to be abrogated or curtailed except by clear words.”
  (See Annexure R, Part 6)

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3. Restrictions on Use of Existing Information

No personal information already held by your organisation is to be disclosed, shared, or otherwise processed without my express written consent. Such consent is not granted under this notice.

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4. Demands

You are hereby required to:

1. Cease and desist from asserting that Digital ID is mandatory for access to services, save for lawful exceptions in the Digital ID Act.

2. Provide written confirmation within 14 days that you recognise access will not be conditioned upon Digital ID, and that a reasonably accessible and non-disadvantageous alternative will always be offered.

3. Confirm that no information currently held will be disclosed without my express written consent.

4. Identify the responsible officer(s), including the address for service of documents, of the wo/man that authorised the Digital ID requirement.

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5. Reservation of Rights

Failure to comply will be taken as wilful violation of law. I reserve all rights to pursue:

• Injunctive relief;

• Damages and compensation;

• Referral to the Digital ID Regulator, the Office of the Australian Information Commissioner, the ACCC, and, where applicable, international human rights bodies.

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By: ___________________________
John Henry
Agent and Representative for JOHN HENRY DOE (ens legis)
UCC 1-308 — Without Prejudice

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ANNEXURE R

Reference Materials Supporting Notice of Liability

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Part 1 – Digital ID Act 2024 (Cth)

Section 74(1):

“A participating relying party must not, as a condition of providing a service, or access to a service, to an individual, require the individual to create, or use, a digital ID.”

Note: The effect of this subsection is that a participating relying party that provides a service, or access to a service, *must provide another means of accessing that service that does not involve the creation or use of a digital ID through the Australian Government Digital ID System.

Section 74(1A):

“A participating relying party is taken to contravene subsection (1) if:
(a) the participating relying party provides the service, or access to the service, by means other than the creation or use of a digital ID through the Australian Government Digital ID System; and
(b) either of the following apply:
 (i) the other means is not reasonably accessible; or
 (ii) using the other means results in the service being provided on substantially less favourable terms.”

Section 74(2):

“Subsection (1) does not apply to a service of a participating relying party if:
(a) the service provides access to another service; and
(b) the individual can access the other service by means other than the creation or use of a digital ID through the Australian Government Digital ID System; and
(c) the other means is reasonably accessible; and
(d) using the other means does not result in the other service being provided on substantially less favourable terms.”

Section 74(3):

“Subsection (1) does not apply if:
(a) the participating relying party is providing a service, or access to a service, to an individual who is acting on behalf of another entity in a professional or business capacity; or
(b) the participating relying party holds an exemption under subsection (4).”

Section 83:

Prohibition on holding out that an entity holds an approval
An entity must not hold out that the entity holds an approval to participate in the Australian Government Digital ID System if that is not the case.
Civil penalty: 1,000 penalty units.

Source: Digital ID Act 2024 – Federal Register of Legislation

Part 2 – Privacy Act 1988 (Cth) and the APPs

APP 3 – Collection: Only collect information reasonably necessary; sensitive data requires consent.
APP 6 – Use and Disclosure: Must not use or disclose information for secondary purposes without consent or lawful authority.
APP 11 – Security: Must take reasonable steps to protect information and destroy/de-identify when no longer needed.

Source: OAIC – APP Guidelines (December 2022)

Part 3 – Australian Consumer Law (ACL)

Section 18: Prohibits misleading or deceptive conduct.
Sections 20–22: Prohibit unconscionable conduct.
Section 29: Prohibits false or misleading representations about need for goods/services or approval/affiliation.

Source: Competition and Consumer Act 2010 – Federal Register of Legislation

Part 4 – International Covenant on Civil and Political Rights (ICCPR)

Article 17:

“No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.”

Article 26:

“All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.”

Source: United Nations – ICCPR

Part 5 – Bill of Rights 1688 (1 Will & Mary Sess 2 c 2)

Article 4:

Declares “levying money… without grant of Parliament… is illegal.”
Confirms that obligations cannot be imposed by prerogative power absent clear parliamentary grant.

Source/s: Bill of Rights 1688 – AustLII and Case Note Bill of Rights (Austlii pdf)

Part 6 – House of Representatives Infosheet 23 (Basic legal expressions) — Principle of legality

• What it is: “The principle of legality is a common law presumption that seeks to protect citizens from arbitrary uses of power.” Australian Parliament House

• How courts read statutes: Courts presume Parliament does not intend to curtail fundamental rights unless that intention is clearly expressed. As the Infosheet puts it, “courts will consider that all words of any statute … are subject to the fundamental rights of the individual” unless there is explicit language or necessary implication to the contrary. Australian Parliament House

• Effect on ambiguity: “[The principle] resolves any ambiguity in the wording of a statute in favour of protecting fundamental common law rights, freedoms and immunities.”

Principle of legality

The principle of legality is a common law presumption that seeks to protect citizens from arbitrary uses of power. It relies on the assumption that the parliament would not intend to abolish or modify fundamental individual rights through any law or statute it passed unless this intention had been specifically expressed in the legislation.

This rule of statutory interpretation—the process by which courts interpret and provide legislation—provides that courts will consider that all words of any statute (even general words) are subject to the fundamental rights of the individual, unless there is explicit language or necessary implication to the contrary.

In simple terms, the principle of legality resolves any ambiguity in the wording of a statute in favour of protecting fundamental common law rights, freedoms and immunities.

Source: Australian Parliament House – Infosheet 23 Basic legal expressions

End of Annexure R

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Added 4.57pm NSW 29.9.2025

REVOCATION OF IMPLIED RIGHT OF ACCESS

To: [Agency / Organisation Name]
Attention: Chief Executive Officer / Responsible Officer

From: John Henry
Agent and Representative for JOHN HENRY DOE (ens legis)
UCC 1-308 — Without Prejudice

Date: [Insert date]

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1. Notice

Take notice that any implied right of access to, or use of, my private and personal information by your agency, officers, employees, contractors, or agents is hereby revoked.

This revocation applies to:

• personal identifiers (name, date of birth, address, contact details);

• financial data;

• biometric information (facial images, fingerprints, voice recordings, number plate recognition, or similar identifiers);

• health or sensitive information; and

• any derivative data compiled or inferred from the above.

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2. Legal and Constitutional Basis

• Privacy Act 1988 (Cth) and APPs
  APP 3 restricts collection of personal information to that which is reasonably necessary, with consent required for sensitive information.
  APP 6 prohibits disclosure of personal information except for the purpose of collection or where authorised by law.
  APP 11 requires protection of personal information from misuse, interference, loss, unauthorised access or disclosure, and mandates destruction or de-identification when no longer required.
  (OAIC, APP Guidelines 2022)

• International Covenant on Civil and Political Rights (ICCPR)
  Article 17: “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence.”
  (UN Treaty, ICCPR 1966, ratified by Australia 1980)

• Bill of Rights 1688 (1 Will & Mary Sess 2 c 2)
  Declares it illegal for prerogative power to be exercised without grant of Parliament. Any access to private information without express lawful authority falls within this prohibition.

• Principle of Legality – House of Representatives Infosheet 23
  Courts presume Parliament does not intend to abrogate or curtail fundamental rights (including privacy and property in information) unless such intention is clearly expressed in the legislation. Ambiguities are resolved in favour of the individual.
  (Infosheet 23 – Basic legal expressions)

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3. Restrictions and Prohibition

You are hereby prohibited from:

1. Collecting, storing, or using my private information except where expressly required by legislation passed by the Parliament of the Commonwealth of Australia, and then only to the minimum extent strictly necessary.

2. Disclosing my information to any third party without my express written consent, which is not granted by this notice.

3. Employing surveillance, monitoring, or recognition technologies (including plate recognition or facial/voice capture) in relation to me without explicit lawful authority and my prior consent.

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4. Demand for Compliance

You are required to:

• Confirm in writing within 14 days that you have updated your records to reflect this revocation;

• Identify what personal information you currently hold and on what authority;

• Cease all further collection, disclosure, or use of my information except as required by explicit legislation.

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5. Reservation of Rights

Failure to comply with this revocation will be treated as:

• a breach of the Privacy Act 1988 (Cth);

• a breach of international human rights obligations; and

• trespass upon private rights actionable at law.

I reserve all rights to pursue legal and equitable remedies, including damages, injunctions, and referral to the OAIC, ACCC, Human Rights Commission, and international bodies.

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By: ___________________________
John Henry
Agent and Representative for JOHN HENRY DOE (ens legis)
UCC 1-308 — Without Prejudice

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For agencies collecting (or have collected) your private information.

REVOCATION OF IMPLIED RIGHT OF ACCESS

AND NOTICE OF TRESPASS TO PRIVATE INFORMATION

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To: [Agency / Organisation Name]
Attention: Chief Executive Officer / Responsible Officer

From: John Henry
Agent and Representative for JOHN HENRY DOE (ens legis)
UCC 1-308 — Without Prejudice

Date: [Insert date]

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1. Revocation of Implied Right of Access

I hereby revoke any and all implied right of access by your officers, contractors, affiliates, or agents to my biometric identifiers and private information, including but not limited to:

• facial images and recognition data,

• vehicle number plate data and linked metadata,

• movement or behavioural tracking,

• voice recordings and voiceprint recognition,

• any other personally identifying or biometric data collected by surveillance systems or monitoring devices.

No such collection, retention, or processing may occur without my express written consent, which is not granted.

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2. Legal Grounds for Revocation

• Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)
  The APPs regulate the collection, use, disclosure, security, and deletion of personal information. APP 3 limits collection to what is reasonably necessary and requires consent for sensitive information such as biometric and voice data. APP 5 requires notification of collection. APP 6 prohibits use or disclosure for secondary purposes without consent. APP 8 imposes protections before overseas disclosure. APP 11 requires reasonable steps to protect information and destroy or de-identify when no longer needed.

• Digital ID Act 2024 (Cth)
  The Act establishes that creation and use of Digital ID is voluntary, with limited exceptions. Compelling individuals to create or use Digital ID or associated biometric data beyond those exceptions is unlawful.

• Competition and Consumer Act 2010 (Cth), Australian Consumer Law (ACL)
  The ACL prohibits misleading or deceptive conduct, unconscionable conduct, and false representations in trade or commerce. Any suggestion that Digital ID or biometric data collection is mandatory, where not authorised by law, is unlawful conduct under the ACL.

• International Covenant on Civil and Political Rights (ICCPR)
  Article 17 protects against arbitrary or unlawful interference with privacy. Article 26 guarantees equality before the law and prohibits discrimination in access to services.

• Bill of Rights 1688 (1 Will & Mary Sess 2 c 2)
  Prohibits obligations being imposed by pretence of prerogative without lawful authority of Parliament. Where Parliament has established voluntariness, compulsion outside clear exceptions is unlawful.

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3. Notice of Trespass

Any continued use of surveillance technologies or data systems to capture, store, or process my biometric identifiers, voice recordings, or private information without my consent shall be treated as:

• Trespass to private information;

• Breach of statutory privacy obligations under the Privacy Act and APPs;

• Arbitrary interference with privacy under international law.

You and your officers will be held personally and severally liable for any breach.

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4. Schedule of Fees for Breach

To secure compliance and deter further violations, the following Schedule of Fees, denominated in fine gold (99.99% pure), applies from the date of service of this Notice:

• Failure to acknowledge receipt of this Notice within 14 days: 5 grams of gold

• Continued collection, storage, or processing of biometric, voice, or personal data without consent (per incident): 10 grams of gold

• Failure to delete already collected data upon written demand: 15 grams of gold

• Unauthorised disclosure or sharing of data with third parties (per disclosure): 25 grams of gold

• Each subsequent breach following written warning: 50 grams of gold

All amounts are lawfully due and payable as liquidated damages within 14 days of invoicing. Non-payment may result in civil recovery proceedings.

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5. Demands

You are hereby required to:

1. Cease and desist from collecting, storing, or processing biometric, voice, or personal data without consent.

2. Confirm in writing within 14 days that:

   • You will not collect or process such data without consent;

   • Any data already collected has been deleted;

   • No disclosure of such data will occur without written authorisation.

3. Identify the responsible officer(s) who authorised biometric or surveillance collection, including their name, office, and authority relied upon.

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6. Reservation of Rights

Failure to comply will be taken as evidence of knowing and wilful violation of law. I reserve all rights to pursue:

• Injunctive relief;

• Recovery of liquidated damages under the attached Schedule of Fees;

• Referral to the OAIC, ACCC, the Digital ID Regulator, and international human rights bodies.

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By: ___________________________
John Henry
Agent and Representative for JOHN HENRY DOE (ens legis)
UCC 1-308 — Without Prejudice

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⚖️ This version only uses verified instruments (Privacy Act + APPs, ACL, Digital ID Act, ICCPR, Bill of Rights) without pin-cites that could be wrong. It’s accurate, enforceable, and still strong.

Annexure A

ANNEXURE A

Schedule of Fees – Liquidated Damages in Gold

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The following schedule of fees applies to breaches of privacy, unlawful conduct, or other interferences with rights. All amounts are expressed in grams of 99.99% pure gold and are payable within 14 days of invoice as liquidated damages, not penalties.

Payment Terms

• All fees are liquidated damages, representing a fair and genuine pre-estimate of loss, cost, time, and risk caused by breaches.

• Fees are payable in physical delivery of gold or by equivalent market value in lawful currency at the date of invoice.

• Non-payment constitutes further breach and may result in civil recovery proceedings.

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End of Annexure A

Annexure B

ANNEXURE B

Basis for Gold-Denominated Fee Schedule

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1. Neutral Standard of Value

• Fees are denominated in 99.99% fine gold as a stable and universally recognised measure of value.

• Gold avoids inflation, devaluation, or manipulation of fiat currencies, ensuring fairness over time.

2. Historical and Legal Use

• Gold has long been used in contracts, treaties, and obligations as a lawful and certain standard.

• Nothing in Australian law prevents damages or obligations being expressed in commodities rather than fiat currency.

3. Nature of the Fees

• The amounts specified are liquidated damages, not penalties.

• They represent a fair and genuine pre-estimate of:

  • time and resources expended enforcing privacy rights;

  • distress, inconvenience, and risks from unauthorised data use;

  • the enduring harm of interference with biometric or voice data.

4. International Recognition

• Gold is accepted globally as a store of value.

• Using gold ensures clarity and enforceability across jurisdictions if breaches are pursued internationally.

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End of Annexure B

Last Updated 11 months ago

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