HIGHER EDUCATION FUNDING ACT 1988 - SECT 56D Electronic signature of communications by students

HIGHER EDUCATION FUNDING ACT 1988 - SECT 56D

  (1)   This section applies in relation to a document that:

  (a)   is described in one of the following provisions:

  (i)   subparagraph   41(1)(a)(ii);

  (ii)   paragraph   41(1)(b);

  (iii)   paragraph   41(1A)(c); and

  (b)   is required by the provision to be signed by the student who gives it to the appropriate officer of an institution.

  (2)   The student complies with the requirement if the student's identity and approval of the document are made apparent in connection with the document:

  (a)   by a method:

  (i)   that is declared by an appropriate officer of the institution to be a method that may be used in connection with such a document; and

  (ii)   that is declared by the Minister to meet guidelines relating to methods of identifying students, and indicating their approval of documents, in connection with such documents; and

  (b)   at a time when section   10 of the Electronic Transactions Act 1999 does not apply to the requirement because of regulations made under that Act.

  (3)   This section does not limit the ways in which the student may comply with the requirement.

Declarations by appropriate officers of institutions

  (4)   An appropriate officer of an institution may declare, in writing given to the Minister, that a specified method may be used, in connection with a document required by a provision mentioned in paragraph   ( 1)(a) to be signed by a student, to indicate the student's identity and approval of the document.

Note:   A declaration under this subsection may be revoked. See subsection   33(3) of the Acts Interpretation Act 1901 .

Declarations by Minister

  (5)   The Minister may declare, in writing given to an institution, that a specified method meets the guidelines relating to methods of identifying students, and indicating their approval of documents, in connection with documents required by a provision mentioned in paragraph   ( 1)(a) to be signed by students.

Note:   A declaration under this subsection may be revoked. See subsection   33(3) of the Acts Interpretation Act 1901 .

Guidelines

  (6)   The Minister may issue written guidelines relating to methods of identifying students, and indicating their approval of documents, in connection with documents that students are required by a provision mentioned in paragraph   ( 1)(a) to sign.

Note:   Guidelines under this subsection may be revoked or varied. See subsection   33(3) of the Acts Interpretation Act 1901 .