Electronic Transactions Act 2001

The following is a simplified outline of this Act:

for a territory law, a transaction is not invalid because it took place by means of 1 or more electronic communications;

the following requirements imposed under a territory law can generally be met in electronic form:

a requirement to give information in writing;

a requirement to provide a signature;

a requirement to produce a document;

a requirement to record information;

a requirement to retain a document;

for a territory law, provision is made for determining the time and place of the dispatch and receipt of an electronic communication;

the purported originator of an electronic communication is bound by it for a territory law only if the communication was sent by the purported originator or with the authority of the purported originator.

Part 2A contains provisions applying to contracts involving electronic communications, including provisions (relating to the internet in particular) for the following:

an unaddressed proposal to form a contract is taken to be an invitation to make offers, rather than as an offer that if accepted would result in a contract;

a contract formed automatically is not invalid, void or unenforceable because there was no human review or intervention;

a portion of an electronic communication containing an input error can be withdrawn in certain circumstances;

the application of certain provisions of part 2 to the extent they do not apply of their own force.