Commonwealth Consolidated Acts

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ELECTRONIC TRANSACTIONS ACT 1999 - SECT 5

Definitions

             (1)  In this Act, unless the contrary intention appears:

"Commonwealth entity" means:

                     (a)  a Minister; or

                     (b)  an officer or employee of the Commonwealth; or

                     (c)  a person who holds or performs the duties of an office under a law of the Commonwealth; or

                     (d)  an authority of the Commonwealth; or

                     (e)  an employee of an authority of the Commonwealth.

"consent" includes consent that can reasonably be inferred from the conduct of the person concerned.

"data" includes the whole or part of a computer program within the meaning of the Copyright Act 1968 .

"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 and/or unguided electromagnetic energy; or

                     (b)  a communication of information in the form of speech by means of guided and/or unguided electromagnetic energy, where the speech is processed at its destination by an automated voice recognition system.

"information" means information in the form of data, text, images or speech.

"information system" means a system for generating, sending, receiving, storing or otherwise processing electronic communications.

"information technology requirements" includes software requirements.

"non-profit body" means a body that is not carried on for the purposes of 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" , in relation to 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.

"transaction" includes a transaction of a non-commercial nature.

             (2)  Before 1 July 2001, in this Act (other than this section):

"law of the Commonwealth" means a law of the Commonwealth specified in the regulations.



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