Electronic Communications Act 2000

If, under a law of this jurisdiction, 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—

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

the person to whom the information is required to be given consents to the information being given by means of an electronic communication.

If, under a law of this jurisdiction, a person is permitted to give information in writing, the person may give the information by means of an electronic communication, where—

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

the person to whom the information is permitted to be given consents to the information being given by means of an electronic communication.

For the purposes of subsections (1)(b) and (2)(b), a person to whom prescribed legal proceedings relate will be taken to have consented to any information required or permitted to be given to the person in relation to those proceedings by means of an electronic communication.

Subsection (2a) only applies if, before giving the information by means of an electronic communication, it has been ascertained that the person, or a legal practitioner representing that person, will be readily able to access or download, and (if required) print, the information.

For the purposes of subsections (1)(b) and (2)(b), a person who is required to be given a government document under any Act or law will be taken to have consented to the document being given by means of an electronic communication if the person has provided an email address to the relevant government agency for that purpose.

This section does not affect the operation of usage rules applicable under Part 3 or of any other law of this jurisdiction 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, (and the usage rules or other law will be taken to apply to the exclusion of this section).

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.