ELECTRONIC TRANSACTIONS ACT 1999 - SECT 17 Transitional provisions-- Electronic Transactions Amendment Act 2011

ELECTRONIC TRANSACTIONS ACT 1999 - SECT 17

  (1)   Regulations made under this Act before the commencement of section   7A and in force immediately before that commencement continue in force as if that section had been in force when they were made.

  (2)   Subject to subsection   (3):

  (a)   section   15B extends to proposals made before the commencement date; and

  (b)   section   15C extends to actions carried out before the commencement date; and

  (c)   section   15D extends to statements, declarations, demands, notices or requests, including offers and the acceptance of offers, made or given before the commencement date.

  (3)   Subsection   (2) and Part   2A do not apply in relation to contracts formed before the commencement date.

  (4)   In subsections   (2) and (3), commencement date means the date of commencement of Part   2A.

•   For the purposes of a law of the Commonwealth, 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 the Commonwealth can be met in electronic form:

  (a)   a requirement to give information in writing;

  (b)   a requirement to provide a signature;

  (c)   a requirement to produce a document;

  (d)   a requirement to record information;

  (e)   a requirement to retain a document.

•   For the purposes of a law of the Commonwealth, 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 the Commonwealth only if the communication was sent by the purported originator or with the authority of the purported originator.

•   Part   2A contains provisions applying to contracts involving electronic communications, including provisions (relating to the internet in particular) for the following:

  (a)   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;

  (b)   a contract formed automatically is not invalid, void or unenforceable because there was no human review or intervention;

  (c)   a portion of an electronic communication containing an input error can be withdrawn in certain circumstances;

  (d)   the application of certain provisions of Part   2 to the extent they do not apply of their own force.