Outline of Act
5 Outline of Act
The following is an outline of this Act—
for the purposes of a law of this jurisdiction, 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 this jurisdiction 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;
S. 5(1)(ba) inserted by No. 11/2021 s. 64.
for the purposes of a law of this jurisdiction, witnessing may occur by audio visual link;
for the purposes of a law of this jurisdiction, 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 this jurisdiction only if the communication was sent by the purported originator or with the authority of the purported originator.
S. 5(1A) inserted by No. 52/2011 s. 5(1).
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a portion of an electronic communication containing an input error can be withdrawn in certain circumstances;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.
S. 5(2) amended by No. 52/2011 s. 5(2).
Subsections (1) and (1A) are intended only as a guide to the general scheme and effect of this Act.
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