Electronic Communications Act 2000

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;

approved information system means an information system approved under section 16(1)(a);

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;

consent includes consent that can reasonably be inferred from the conduct of the person concerned, but does not include consent given subject to conditions unless the conditions are complied with;

data includes the whole or part of a computer program within the meaning of the Copyright

Act 1968 of the Commonwealth;

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 or unguided electromagnetic energy, or both;

or

a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system;

government agency means—

a Minister of the Crown; or

a person who holds an office established by an Act;

or

an administrative unit of the Public Service; or

South Australia Police; or

a council; or

an incorporated or unincorporated body—

established or continued in existence for a public purpose by an

Act; or

established or continued in existence for a public purpose under an

Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or

subject to control or direction by the Governor, a Minister of the

Crown or other instrumentality or agency of the Crown or a council (whether or not the body is established or continued in existence by or under an Act);

or

a person or body declared by the regulations to be a government agency;

government document means a document issued by or on behalf of a government agency that does not itself constitute a transaction (whether or not the document is issued as a result of a transaction or in connection with 1 or more transactions);

[Note: ExamplesGovernment documents would include licences, permits and certificates.]

information means information in the form of data, text, images or sound;

information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications;

information technology requirements includes software requirements;

law of this jurisdiction means any law in force in this jurisdiction, whether in the civil or criminal jurisdiction and whether written or unwritten, but does not include a law of the

Commonwealth;

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;

responsible Minister means—

in relation to a government document issued under an Act—the

Minister to whom the administration of that Act is committed; or

in relation to any other government document—the Minister responsible for the relevant government agency;

this jurisdiction means South

Australia;

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;

and

any application or request made, or notice or information provided, by a person seeking the issue of a government document or who has been issued a government document;

usage rules means rules approved under section 16(1)(b).

Notes in the text of this Act do not form part of this

Act.

Usage rules are not statutory instruments for the purposes of the law of the State and are not regulations for the purposes of the

Subordinate Legislation

Act 1978.