Australian Capital Territory Consolidated Acts

ELECTRONIC TRANSACTIONS ACT 2001 - NOTES

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:

              •     document

              •     regulations

              •     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.

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

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

Dictionary
s 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 power
s 15     am 2001 No 44 amdt 1.1454

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

Dictionary
dict     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


© Australian Capital Territory 2002

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.

              • authorised republications to which the Legislation Act 2001 applies

              • 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 to
17 September 2002

Australian Capital Territory

Electronic Transactions Act 2001

Endnotes

Amendments incorporated to
17 September 2002

Australian Capital Territory

Electronic Transactions Act 2001