Commonwealth Consolidated Acts

YEAR 2000 INFORMATION DISCLOSURE ACT 1999 - SECT 12

(1)

The rules in section 10 do not apply to a person (the first person ) unless:

(a)

the first person is:

(i)

a constitutional corporation; or

(ii)

the Commonwealth; or

(iii)

an authority of the Commonwealth; or

(b)

the Year 2000 disclosure statement is an original Year 2000 disclosure statement that was authorised by:

(i)

a constitutional corporation; or

(ii)

the Commonwealth; or

(iii)

an authority of the Commonwealth; or

(c)

all of the following conditions are satisfied:

(i)

the Year 2000 disclosure statement is a republished Year 2000 disclosure statement that relates to an original Year 2000 disclosure statement;

(ii)

the original Year 2000 disclosure statement was authorised by a constitutional corporation;

(iii)

the making of the republished Year 2000 disclosure statement has significance for the activities, functions, relationships, reputation or business of the constitutional corporation; or

(d)

all of the following conditions are satisfied:

(i)

the Year 2000 disclosure statement is a republished Year 2000 disclosure statement that relates to an original Year 2000 disclosure statement;

(ii)

the original Year 2000 disclosure statement was authorised by the Commonwealth or an authority of the Commonwealth;

(iii)

the making of the republished Year 2000 disclosure statement has significance for the activities, functions or relationships of the Commonwealth or the authority of the Commonwealth, as the case may be; or

(e)

the Year 2000 disclosure statement was made in a Territory; or

(f)

the Year 2000 disclosure statement was made in the course of, or in relation to, trade or commerce:

(i)

between Australia and places outside Australia; or

(ii)

among the States; or

(iii)

within a Territory, between a State and a Territory or between 2 Territories; or

(iv)

by way of the supply of goods or services to the Commonwealth or an authority of the Commonwealth; or

(g)

the Year 2000 disclosure statement was:

(i)

sent by post or other like service; or

(ii)

made by way of an electronic communication of writing; or

(iii)

by way of an electronic communication of speech; or

(h)

the civil action is an action under a law of the Commonwealth or of a Territory; or

(i)

all of the following conditions are satisfied:

(i)

a constitutional corporation, the Commonwealth or an authority of the Commonwealth is a party to the civil action;

(ii)

that party has made a claim in the civil action;

(iii)

the grounds for that party's claim are based on the Year 2000 disclosure statement.

(2)

In this section: