New South Wales Consolidated Acts

ELECTRONIC TRANSACTIONS ACT 2000 - SECT 8

8 Writing

(1) If, under a law of this jurisdiction, a person is required to give information in writing, that requirement is taken to have been met if the person gives the information by means of an electronic communication, where:

(a) at the time the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference, and

(b) the person to whom the information is required to be given consents to the information being given by means of an electronic communication.

(2) If, under a law of this jurisdiction, a person is permitted to give information in writing, the person may give the information by means of an electronic communication, where:

(a) at the time the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference, and

(b) the person to whom the information is permitted to be given consents to the information being given by means of an electronic communication.

(3) This section does not affect the operation of any other law of this jurisdiction that makes provision for or in relation to requiring or permitting information to be given, in accordance with particular information technology requirements:

(a) on a particular kind of data storage device, or

(b) by means of a particular kind of electronic communication.

(4) This section applies to a requirement or permission to give information, whether the expression "give", "send" or "serve", or any other expression, is used.

(5) For the purposes of this section, "giving information" includes, but is not limited to, the following:

(a) making an application,

(b) making or lodging a claim,

(c) giving, sending or serving a notification,

(d) lodging a return,

(e) making a request,

(f) making a declaration,

(g) lodging or issuing a certificate,

(h) making, varying or cancelling an election,

(i) lodging an objection,

(j) giving a statement of reasons.

Note: Section 12 sets out exemptions from this section.