Electronic Transactions Act 2011

This section contains a simplified outline of this Act, intended as a guide to the general scheme and effect of the Act.

This Act provides —

that, with certain exceptions, a transaction is not invalid for the purposes of a law of the State because it took place by electronic communication;

that things that can or have to be done under a law of the State in relation to any of the following matters can generally be done by electronic communication —

giving information in writing;

providing a signature;

producing a document;

recording information;

retaining a document;

for determining the time and place of the dispatch and receipt of an electronic communication for the purposes of a law of the State;

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

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a portion of an electronic communication containing an input error can be withdrawn in certain circumstances;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