ELECTRONIC TRANSACTIONS ACT 2001 

- TABLE OF PROVISIONS

PART 1--PRELIMINARY 
1. Name of Act   
3. Object  
4. Simplified outline   
5. Dictionary  
6. Notes  

PART 2--APPLICATION OF LEGAL REQUIREMENTS TO ELECTRONIC COMMUNICATIONS

Division 2.1--General rule about validity of transactions for laws of this jurisdiction

7. Validity of electronic transactions   

Division 2.2--Requirements under laws of this jurisdiction

8. Writing  
9. Signatures  
10. Production of document   
11. Retention of information and documents   
12. Exemptions from this division   

Division 2.3--Other provisions relating to laws of this jurisdiction

13. Time and place of dispatch and receipt of electronic   
14. Attribution of electronic communications   

PART 3--MISCELLANEOUS 
15. Regulation-making power   
DICTIONARY
ENDNOTES

ELECTRONIC TRANSACTIONS ACT 2001
 - LONG TITLE
An Act to facilitate the use of electronic methods in transactions and
record keeping       
     

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 1
Name of Act 

This Act is the Electronic Transactions Act 2001.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 3
Object

The object of this Act is to provide a regulatory framework
that--

         (a)     recognises the importance of the information economy to the future
economic and social prosperity of Australia; and

         (b)     facilitates the use of electronic transactions; and

         (c)     promotes business and community confidence in the use of electronic
transactions; and

         (d)     enables business and the community to use electronic communications in
their dealings with government.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 4
Simplified outline 

The following is a simplified outline of this Act:

         (a)     for a law of this jurisdiction, a transaction is not invalid because
it took place by means of 1 or more electronic communications;

         (b)     the following requirements imposed under a law of this jurisdiction
can generally be met in electronic form:

               (i)     a requirement to give information in writing;

               (ii)     a requirement to provide a signature;

               (iii)     a requirement to produce a document;

               (iv)     a requirement to record information;

               (v)     a requirement to retain a document;

         (c)     for a law of this jurisdiction, provision is made for determining the
time and place of the dispatch and receipt of an electronic
communication;

         (d)     the purported originator of an electronic communication is bound by it
for a law of this jurisdiction only if the communication was sent by the
purported originator or with the authority of the purported
originator.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 5
Dictionary

The dictionary at the end of this Act is part of this Act.

Note 1     The dictionary at the end of this Act defines certain words
and expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this
Act or in other legislation.

     For example, the signpost definition 'computer
program--see the Copyright Act 1968 (Cwlth), section
10.' means that the expression 'computer program' is defined
in that section and the definition applies to this Act.

Note 2     A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act 2001, s 155 and s 156 (1)).

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 6
Notes

A note included in this Act is explanatory and is not part of this
Act.

Note     See Legislation Act 2001, s 127 (1), (4) and (5)
for the legal status of notes.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 7
Validity of electronic transactions 

     (1)     For a law of this jurisdiction, a transaction is not invalid because
it took place wholly or partly by means of 1 or more electronic
communications.

     (2)     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.

     (3)     The regulations may provide that subsection (1) does not apply to a
stated transaction or stated class of transactions.

     (4)     The regulations may provide that subsection (1) does not apply to a
stated law of this jurisdiction.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 8
Writing

     (1)     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--

         (a)     the person gives the information by means of an electronic
communication; and

         (b)     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

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

     (2)     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 if--

         (a)     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

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

     (3)     This section does not affect the operation of any other law of this
jurisdiction that provides for or in relation to requiring or permitting
information to be given, in accordance with particular information technology
requirements--

         (a)     on a particular kind of data storage device; or

         (b)     by means of a particular kind of electronic communication.

     (4)     This section applies to a requirement or permission to give
information, whether the expression give, send or serve, or any other
expression, is used.

     (5)     For this section, giving information includes, but is not limited to,
the following:

         (a)     making an application;

         (b)     making or lodging a claim;

         (c)     giving, sending or serving a notification;

         (d)     lodging a return;

         (e)     making a request;

         (f)     making a declaration;

         (g)     lodging or issuing a certificate;

         (h)     making, varying or cancelling an election;

               (i)     lodging an objection;

         (j)     giving a statement of reasons.

Note     Section 12 sets out exemptions from this section.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 9
Signatures

     (1)     If, under a law of this jurisdiction, the signature of a person is
required, that requirement is taken to have been met for an electronic
communication if--

         (a)     a method is used to identify the person and to indicate the
person's approval of the information communicated; and

         (b)     having regard to all the relevant circumstances at the time the method
was used, the method was as reliable as was appropriate for the purposes for
which the information was communicated; and

         (c)     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).

     (2)     This section does not affect the operation of any other law of this
jurisdiction that provides for or in relation to requiring--

         (a)     an electronic communication to contain an electronic signature
(however described); or

         (b)     an electronic communication to contain a unique identification in an
electronic form; or

         (c)     a particular method to be used for an electronic communication to
identify the originator of the communication and to indicate the
originator's approval of the information communicated.

Note     Section 12 sets out exemptions from this section.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 10
Production of document 

     (1)     If, under a law of this jurisdiction, a person is required to produce
a document that is in the form of paper, an article or other material, that
requirement is taken to have been met if--

         (a)     the person produces, by means of an electronic communication, an
electronic form of the document; and

         (b)     having regard to all the relevant circumstances at the time the
communication was sent, the method of generating the electronic form of the
document provided a reliable means of assuring the maintenance of the integrity
of the information contained in the document; and

         (c)     at the time the communication was sent, it was reasonable to expect
that the information contained in the electronic form of the document would be
readily accessible so as to be useable for subsequent reference; and

         (d)     the person to whom the document is required to be produced consents to
the production, by means of an electronic communication, of an electronic form
of the document.

     (2)     If, under a law of this jurisdiction, a person is permitted to produce
a document that is in the form of paper, an article or other material, then,
instead of producing the document in that form, the person may produce, by means
of an electronic communication, an electronic form of the document
if--

         (a)     having regard to all the relevant circumstances at the time the
communication was sent, the method of generating the electronic form of the
document provided a reliable means of assuring the maintenance of the integrity
of the information contained in the document; and

         (b)     at the time the communication was sent, it was reasonable to expect
that the information contained in the electronic form of the document would be
readily accessible so as to be useable for subsequent reference; and

         (c)     the person to whom the document is permitted to be produced consents
to the production, by means of an electronic communication, of an electronic
form of the document.

     (3)     For this section, the integrity of information contained in a document
is maintained if, and only if, the information has remained complete and
unaltered, apart from--

         (a)     the addition of any endorsement; or

         (b)     any immaterial change;

which arises in the normal course of communication, storage or
display.

     (4)     This section does not affect the operation of any other law of this
jurisdiction that provides for or in relation to requiring or permitting
electronic forms of documents to be produced, in accordance with particular
information technology requirements--

         (a)     on a particular kind of data storage device; or

         (b)     by means of a particular kind of electronic communication.

Note     Section 12 sets out exemptions from this section.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 11
Retention of information and documents 

     (1)     If, under a law of this jurisdiction, a person is required to record
information in writing, that requirement is taken to have been met
if--

         (a)     the person records the information in electronic form; and

         (b)     at the time of the recording of the information, it was reasonable to
expect that the information would be readily accessible so as to be useable for
subsequent reference; and

         (c)     if the regulations require that the information be recorded on a
particular kind of data storage device--that requirement has been
met.

     (2)     If, under a law of this jurisdiction, a person is required to retain,
for a particular period, a document that is in the form of paper, an article or
other material, that requirement is taken to have been met if--

         (a)     the person retains, or causes another person to retain, an electronic
form of the document throughout that period; and

         (b)     having regard to all the relevant circumstances at the time of the
generation of the electronic form of the document, the method of generating the
electronic form of the document provided a reliable means of assuring the
maintenance of the integrity of the information contained in the document;
and

         (c)     at the time of the generation of the electronic form of the document,
it was reasonable to expect that the information contained in the electronic
form of the document would be readily accessible so as to be useable for
subsequent reference; and

         (d)     if the regulations require that the electronic form of the document be
retained on a particular kind of data storage device--that requirement has
been met throughout that period.

     (3)     For subsection (2), the integrity of information contained in a
document is maintained if, and only if, the information has remained complete
and unaltered, apart from--

         (a)     the addition of any endorsement; or

         (b)     any immaterial change;

which arises in the normal course of communication, storage or
display.

     (4)     If, under a law of this jurisdiction, a person (the first person) is
required to retain, for a particular period, information that was the subject of
an electronic communication, that requirement is taken to have been met
if--

         (a)     the first person retains, or causes another person to retain, in
electronic form, the information throughout that period; and

         (b)     at the time of commencement of the retention of the information, it
was reasonable to expect that the information would be readily accessible so as
to be useable for subsequent reference; and

         (c)     having regard to all the relevant circumstances at the time of
commencement of the retention of the information, the method of retaining the
information in electronic form provided a reliable means of assuring the
maintenance of the integrity of the information contained in the electronic
communication; and

         (d)     throughout that period, the first person also retains, or causes the
other person to retain, in electronic form, such additional information obtained
by the first person as is sufficient to enable the identification of the
following:

               (i)     the origin of the electronic communication;

               (ii)     the destination of the electronic communication;

               (iii)     the time when the electronic communication was sent;

               (iv)     the time when the electronic communication was received;
and

         (e)     at the time of commencement of the retention of the additional
information covered by paragraph (c), it was reasonable to expect that the
additional information would be readily accessible so as to be useable for
subsequent reference; and

         (f)     if the regulations require that the information be retained on a
particular kind of data storage device--that requirement has been met
throughout that period.

     (5)     For subsection (4), the integrity of information that was the subject
of an electronic communication is maintained if, and only if, the information
has remained complete and unaltered, apart from--

         (a)     the addition of any endorsement; or

         (b)     any immaterial change;

which arises in the normal course of communication, storage or
display.

Note     Section 12 sets out exemptions from this section.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 12
Exemptions from this division 

     (1)     The regulations may provide that this division, or a stated provision
of this division, does not apply to a stated requirement or stated class of
requirements.

     (2)     The regulations may provide that this division, or a stated provision
of this division, does not apply to a stated permission or stated class of
permissions.

     (3)     The regulations may provide that this division, or a stated provision
of this division, does not apply to a stated law of this jurisdiction.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 13
Time and place of dispatch and receipt of electronic 
communications

     (1)     For a law of this jurisdiction, if an electronic communication enters
a single information system outside the control of the originator, then, unless
otherwise agreed between the originator and the addressee of the electronic
communication, the dispatch of the electronic communication occurs when it
enters that information system.

     (2)     For a law of this jurisdiction, if an electronic communication enters
successively 2 or more information systems outside the control of the
originator, then, unless otherwise agreed between the originator and the
addressee of the electronic communication, the dispatch of the electronic
communication occurs when it enters the first of those information
systems.

     (3)     For a law of this jurisdiction, if the addressee of an electronic
communication has designated an information system for the purpose of receiving
electronic communications, then, unless otherwise agreed between the originator
and the addressee of the electronic communication, the time of receipt of the
electronic communication is the time when the electronic communication enters
that information system.

     (4)     For a law of this jurisdiction, if the addressee of an electronic
communication has not designated an information system for the purpose of
receiving electronic communications, then, unless otherwise agreed between the
originator and the addressee of the electronic communication, the time of
receipt of the electronic communication is the time when the electronic
communication comes to the attention of the addressee.

     (5)     For a law of this jurisdiction, unless otherwise agreed between the
originator and the addressee of an electronic communication--

         (a)     the electronic communication is taken to have been dispatched from the
originator's place of business; and

         (b)     the electronic communication is taken to have been received at the
addressee's place of business.

     (6)     For the application of subsection (5) to an electronic
communication--

         (a)     if the originator or addressee has more than 1 place of business, and
1 of those places has a closer relationship to the underlying
transaction--it is to be assumed that that place of business is the
originator's or addressee's only place of business; and

         (b)     if the originator or addressee has more than 1 place of business, but
paragraph (a) does not apply--it is to be assumed that the
originator's or addressee's principal place of business is the
originator's or addressee's only place of business; and

         (c)     if the originator or addressee does not have a place of
business--it is to be assumed that the originator's or
addressee's place of business is the place where the originator or
addressee ordinarily resides.

     (7)     The regulations may provide that this section does not apply to a
stated electronic communication or stated class of electronic
communications.

     (8)     The regulations may provide that this section does not apply to a
stated law of this jurisdiction.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 14
Attribution of electronic communications 

     (1)     For a law of this jurisdiction, unless otherwise agreed between the
purported originator and the addressee of an electronic communication, the
purported originator of the electronic communication is bound by that
communication only if the communication was sent by the purported originator or
with the authority of the purported originator.

     (2)     Subsection (1) does not affect the operation of a law of this
jurisdiction that provides for--

         (a)     conduct engaged in by a person within the scope of the person's
actual or apparent authority to be attributed to another person; or

         (b)     a person to be bound by conduct engaged in by another person within
the scope of the other person's actual or apparent authority.

     (3)     The regulations may provide that this section does not apply to a
stated electronic communication or stated class of electronic
communications.

     (4)     The regulations may provide that this section does not apply to a
stated law of this jurisdiction.

ELECTRONIC TRANSACTIONS ACT 2001
- SECT 15
Regulation-making power 

The Executive may make regulations for this Act.

Note     Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act 2001.

ELECTRONIC TRANSACTIONS ACT 2001
- NOTES Dictionary

Dictionary

(see s 5)

Note 1     The Legislation Act 2001 contains definitions and
other provisions relevant to this Act.

Note 2     In particular, the Legislation Act 2001, dict, pt 1,
defines the following terms:

               o      document

               o      regulations

               o      the Territory.

"computer program"--see the Copyright Act 1968
(Cwlth), section 10.

"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 all or part of a computer program.

"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)     a communication of information in the form of data, text or images by
means of guided or unguided electromagnetic energy, or both; or

         (b)     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.

"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 a law of the
Territory.

"non-profit body" means a body that is not carried on for
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.

"place of business", for a government, an authority of a
government or a non-profit body, means a place where any operations or
activities are carried out by that government, authority or body.

"this jurisdiction" means the Territory.

"transaction" includes any contract, agreement or other
arrangement, whether or not of a commercial kind.

ELECTRONIC TRANSACTIONS ACT 2001
- NOTES Endnotes

Endnotes

1     About
the endnotes

Amending and modifying laws are annotated in the legislation history and
the amendment history.  Current modifications are not included in the
republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001,
part 11.3 are annotated in the amendment history.  Full details of any
amendments can be obtained from the Parliamentary Counsel's
Office.

Uncommenced amending laws and expiries are listed in the legislation
history and the amendment history.  These details are underlined.  Uncommenced
provisions and amendments are not included in the republished law but are set
out in the last endnote.

If all the provisions of the law have been renumbered, a table of
renumbered provisions gives details of previous and current numbering. 

The endnotes also include a table of earlier republications.

If the republished law includes penalties, current information about
penalty unit values appears on the republication inside front cover.

2     Abbreviation
key

      
      

am = amended

ord = ordinance

amdt = amendment

orig = original

ch = chapter

p = page

cl = clause

par = paragraph

def = definition

pres = present

dict = dictionary

prev = previous

disallowed = disallowed by the Legislative

(prev...) = previously

Assembly

prov = provision

div = division

pt = part

exp = expires/expired

r = rule/subrule

Gaz = Gazette

reg = regulation/subregulation

hdg = heading

renum = renumbered

IA = Interpretation Act 1967

reloc = relocated

ins = inserted/added

R[X] = Republication No

LA = Legislation Act 2001

RI = reissue

LR = legislation register

s = section/subsection

LRA = Legislation (Republication) Act
1996

sch = schedule

mod = modified / modification

sdiv = subdivision

No = number

sub = substituted

num = numbered

SL  = Subordinate Law

o = order

underlining = whole or part not
commenced

om = omitted/repealed

or to be expired

3     Legislation
history

Electronic Transactions Act
2001 No 10

notified 8 March 2001 (Gaz 2001 No 10)

s 1, s 2 commenced 8 March 2001 (LA s
75)

remainder (ss 3-15) commenced 1 July 2001 (s 2 and Gaz
2001 No 26 p 716)

as amended by

Legislation (Consequential Amendments) Act 2001
No 44 pt 125

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s
10B)

pt 125 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)

Statute Law Amendment Act 2002 No 30 pt
3.23

notified LR 16 September 2002

s 1, s 2 taken to have commenced 19 May 1997 (LA s 75
(2))

pt 3.23 commenced 17 September 2002

4     Amendment
history

Commencements
2     om R1 (LA s 89 (5))

Dictionarys
5     defs reloc to dict 2002 No 30 amdt
3.358     def data om 2002 No
30 amdt 3.357     sub 2002 No 30 amdt
3.359

Regulation-making
powers 15     am 2001 No 44 amdt
1.1454

Miscellaneouspt
3 hdg     (prev div 2.4 hdg) sub 2002 No 30 amdt 3.360

Dictionarydict     ins
2002 No 30 amdt 3.361     def computer
program ins 2002 No 30 amdt
3.361     def consent reloc
from s 5 2002 No 30 amdt 3.358      def
data ins 2002 No 30 amdt
3.361     def data storage
device reloc from s 5 2002 No 30 amdt 3.358
     def electronic
communication reloc from s 5 2002 No 30 amdt 3.358 

     def information reloc from s 5
2002 No 30 amdt 3.358      def
information system reloc from s 5 2002 No 30 amdt
3.358     def information technology
requirements reloc from s 5 2002 No 30 amdt
3.358     def law of this
jurisdiction reloc from s 5 2002 No 30 amdt 3.358
     def non-profit body reloc
from s 5 2002 No 30 amdt 3.358      def
place of business reloc from s 5 2002 No 30 amdt 3.358
     def this jurisdiction
reloc from s 5 2002 No 30 amdt 3.358      def
transaction reloc from s 5 2002 No 30 amdt 3.358 
5     Earlier
republications

Some earlier republications were not numbered. The number in column 1
refers to the publication order.  

Since 12 September 2001 every authorised republication has been published
in electronic pdf format on the ACT legislation register.  A selection of
authorised republications have also been published in printed format. These
republications are marked with an asterisk (*) in column 1.  Except for the
footer, electronic and printed versions of an authorised republication are
identical. 

      
      
      

Republication No

Amendments to

Republication date

1

Act 2001 No 44

12 September 2001

Unauthorised
version prepared by ACT Parliamentary Counsel's Office(c) 
Australian Capital Territory 2002

ELECTRONIC TRANSACTIONS ACT 2001
- NOTES

Australian Capital
Territory

Republication No 2 
Republication date: 24 September 2002 
Last amendment made by 2002 No 30 
Amendments incorporated to 17 September 2002 
Unauthorised version prepared by ACT Parliamentary Counsel's Office 
About this republication

The republished law

This is a republication of the Electronic Transactions Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 24 September 2002.  It also includes
any amendment, repeal or expiry affecting the republished law to 17 September 2002.  

The legislation history and amendment history of the republished law are
set out in endnotes 3 and 4. 

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications
of ACT laws (see the ACT legislation register at
www.legislation.act.gov.au):

               o     authorised republications to which the Legislation Act 2001
applies

               o     unauthorised republications.

The status of this republication appears on the bottom of each
page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary
Counsel to make editorial amendments and other changes of a formal nature when
preparing a law for republication.  Editorial changes do not change the effect
of the law, but have effect as if they had been made by an Act commencing on the
republication date (see Legislation Act 2001, s 115 and s 117).  The
changes are made if the Parliamentary Counsel considers they are desirable to
bring the law into line, or more closely into line, with current legislative
drafting practice.  

When preparing the authorised version of this republication amendments were
not made under part 11.3 (see endnote 1).

Uncommenced provisions and
amendments

If a provision of the republished law has not commenced or is affected by
an uncommenced amendment, the symbol
 U  appears immediately before the
provision heading.  The text of the uncommenced provision or amendment appears
only in the last endnote.

Modifications

If a provision of the republished law is affected by a current
modification, the symbol  M  appears
immediately before the provision heading.  The text of the modifying provision
appears in the endnotes.  For the legal status of modifications, see
Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at
the republication date is--

    (a)    if the person charged is an individual--$100; or

    (b)    if the person charged is a corporation--$500.

Amendments incorporated
to17
September 2002

Australian Capital
Territory

Electronic Transactions Act 2001 

Endnotes

Amendments incorporated
to17
September 2002

Australian Capital
Territory

Electronic Transactions Act 2001