1Short title
This Act may be cited as the Electronic Transactions Act 1999.
Parliamentary material from APH and the Federal Register of Legislation. Links open the official source in a new tab.
Bill homepage (APH)This Act may be cited as the Electronic Transactions Act 1999.
Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
The object of this Act is to provide a regulatory framework that:
recognises the importance of the information economy to the future economic and social prosperity of Australia; and
facilitates the use of electronic transactions; and
promotes business and community confidence in the use of electronic transactions; and
enables business and the community to use electronic communications in their dealings with government.
The following is a simplified outline of this Act:
• For the purposes of a law of the Commonwealth, a transaction is not invalid because it took place by means of one or more electronic communications.
• The following requirements imposed under a law of the Commonwealth can 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 the purposes of a law of the Commonwealth, 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 the purposes of a law of the Commonwealth 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 to be regarded as 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a portion of an electronic communication containing an input error can be withdrawn in certain circumstances;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.
In this Act, unless the contrary intention appears:
addressee of an electronic communication means a person who is intended by the originator to receive the electronic communication, but does not include a person acting as an intermediary with respect to the electronic communication.
automated message system means a computer program or an electronic or other automated means used to initiate an action or respond to data messages in whole or in part, without review or intervention by a natural person each time an action is initiated or a response is generated by the system.
Commonwealth entity means:
a Minister; or
an officer or employee of the Commonwealth; or
a person who holds or performs the duties of an office under a law of the Commonwealth; or
an authority of the Commonwealth; or
an employee of an authority of the Commonwealth.
consent includes consent that can reasonably be inferred from the conduct of the person concerned.
data includes the whole or part of a computer program within the meaning of the Copyright Act 1968.
data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.
electronic communication means:
a communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy; or
a communication of information in the form of speech by means of guided and/or unguided electromagnetic energy, where the speech is processed at its destination by an automated voice recognition system.
information means information in the form of data, text, images or speech.
information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications.
information technology requirements includes software requirements.
non‑profit body means a body that is not carried on for the purposes of profit or gain to its individual members and is, by the terms of the body’s constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members.
originator of an electronic communication means a person by whom, or on whose behalf, the electronic communication has been sent or generated before storage, if any, but does not include a person acting as an intermediary with respect to the electronic communication.
performance of a contract includes non‑performance of the contract.
place of business means:
in relation to a person, other than an entity referred to in paragraph (b)—a place where the person maintains a non‑transitory establishment to pursue an economic activity other than the temporary provision of goods or services out of a specific location; or
in relation to a government, an authority of a government or a non‑profit body—a place where any operations or activities are carried out by that government, authority or body.
transaction includes:
any transaction in the nature of a contract, agreement or other arrangement; and
any statement, declaration, demand, notice or request, including an offer and the acceptance of an offer, that the parties are required to make or choose to make in connection with the formation or performance of a contract, agreement or other arrangement; and
any transaction of a non‑commercial nature.
Before 1 July 2001, in this Act (other than this section):
law of the Commonwealth means a law of the Commonwealth specified in the regulations.
This Act binds the Crown in all its capacities.
This Act extends to all the external Territories.
The regulations may provide that all or specified provisions of this Act do not apply:
to transactions, requirements, permissions, electronic communications or other matters specified, or of classes specified, in the regulations for the purposes of this section; or
in circumstances specified, or of classes specified, in the regulations for the purposes of this section.
The regulations may provide that all or specified provisions of this Act do not apply to specified laws of the Commonwealth.
Exemptions for courts and tribunals
Part 2A and Division 2 of Part 2 do not apply to the practice and procedure of a court or tribunal. For this purpose, practice and procedure includes all matters in relation to which rules of court may be made.
Evidence Act 1995 etc. not affected
Part 2A and Division 2 of Part 2 do not affect the operation of:
the Evidence Act 1995; or
a law of a State or Territory that corresponds to the Evidence Act 1995; or
a law of a State or Territory, or a rule of common law, that makes provision for the way in which evidence is given in proceedings in a court.
For the purposes of a law of the Commonwealth, a transaction is not invalid because it took place wholly or partly by means of one or more electronic communications.
The general rule in subsection (1) does not apply in relation to the validity of a transaction to the extent to which another, more specific provision of this Part deals with the validity of the transaction.
Requirement to give information in writing
If, under a law of the Commonwealth, a person is required to give information in writing, that requirement is taken to have been met if the person gives the information by means of an electronic communication, where:
in all cases—at the time the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and
if the information is required to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that the information be given, in accordance with particular information technology requirements, by means of a particular kind of electronic communication—the entity’s requirement has been met; and
if the information is required to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that particular action be taken by way of verifying the receipt of the information—the entity’s requirement has been met; and
if the information is required to be given to a person who is neither a Commonwealth entity nor a person acting on behalf of a Commonwealth entity—the person to whom the information is required to be given consents to the information being given by way of electronic communication.
Permission to give information in writing
If, under a law of the Commonwealth, a person is permitted to give information in writing, the person may give the information by means of an electronic communication, where:
in all cases—at the time the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and
if the information is permitted to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that the information be given, in accordance with particular information technology requirements, by means of a particular kind of electronic communication—the entity’s requirement has been met; and
if the information is permitted to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that particular action be taken by way of verifying the receipt of the information—the entity’s requirement has been met; and
if the information is permitted to be given to a person who is neither a Commonwealth entity nor a person acting on behalf of a Commonwealth entity—the person to whom the information is permitted to be given consents to the information being given by way of electronic communication.
Certain other laws not affected
This section does not affect the operation of any other law of the Commonwealth that makes provision for or in relation to requiring or permitting information to be given, in accordance with particular information technology requirements:
on a particular kind of data storage device; or
by means of a particular kind of electronic communication.
Giving information
This section applies to a requirement or permission to give information, whether the expression give, send or serve, or any other expression, is used.
For the purposes of this section, giving information includes, but is not limited to, the following:
making an application;
making or lodging a claim;
giving, sending or serving a notification;
lodging a return;
making a request;
making a declaration;
lodging or issuing a certificate;
making, varying or cancelling an election;
lodging an objection;
giving a statement of reasons.
Requirement for signature
If, under a law of the Commonwealth, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if:
in all cases—a method is used to identify the person and to indicate the person’s intention in respect of the information communicated; and
in all cases—the method used was either:
as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or
proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; and
if the signature is required to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that the method used as mentioned in paragraph (a) be in accordance with particular information technology requirements—the entity’s requirement has been met; and
if the signature is required to be given to a person who is neither a Commonwealth entity nor a person acting on behalf of a Commonwealth entity—the person to whom the signature is required to be given consents to that requirement being met by way of the use of the method mentioned in paragraph (a).
Certain other laws not affected
This section does not affect the operation of any other law of the Commonwealth that makes provision for or in relation to requiring:
an electronic communication to contain an electronic signature (however described); or
an electronic communication to contain a unique identification in an electronic form; or
a particular method to be used in relation to an electronic communication to identify the originator of the communication and to indicate the originator’s intention in respect of the information communicated.
The reference in subsection (1) to a law that requires a signature includes a reference to a law that provides consequences for the absence of a signature.
Showing the first 12 of 30 provisions. See all provisions