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Queensland
ELECTRONIC
TRANSACTIONS
(QUEENSLAND) BILL 2000
Queensland
ELECTRONIC TRANSACTIONS
(QUEENSLAND) BILL 2000
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Simplified outline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Attachment--flowchart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
CHAPTER 2--REQUIREMENTS FOR ELECTRONIC
COMMUNICATIONS
PART 1--GENERAL RULE ABOUT VALIDITY OF
TRANSACTIONS FOR STATE LAWS
8 Validity of electronic transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--REQUIREMENTS UNDER STATE LAWS
Division 1--Writing
9 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
11 Requirement to give information in writing . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Permission to give information in writing . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13 Other particular laws not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Signatures
14 Requirement for signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15 Other particular laws not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2
Electronic Transactions (Queensland)
Division 3--Production of document
16 Requirement to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17 Permission to produce a document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
18 Other particular laws not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 4--Recording and keeping information and documents
19 Recording information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
20 Keeping written documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
21 Keeping electronic communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 3--OTHER PROVISIONS ABOUT STATE LAWS
Division 1--Application
22 Application of part 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2--Time of dispatch and receipt
23 Time of dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Time of receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
25 Place of dispatch and receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3--Other provisions
26 Attribution of electronic communications . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
CHAPTER 3--MISCELLANEOUS
27 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 16
DICTIONARY
ATTACHMENT . . . . . . . . . . . . . . . . . . . . . . 18
2000
A BILL
FOR
An Act to facilitate electronic transactions, and for other purposes
s1 4 s4
Electronic Transactions (Queensland)
The Parliament of Queensland enacts-- 1
CHAPTER 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Electronic Transactions (Queensland) 4
Act 2000. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
8
Object
3. The object of this Act is to provide a regulatory framework that-- 9
(a) recognises the importance of the information economy to the 10
future economic and social prosperity of Queensland; and 11
(b) facilitates the use of electronic transactions; and 12
(c) promotes business and community confidence in the use of 13
electronic transactions; and 14
(d) enables business and the community to use electronic 15
communications in their dealings with government. 16
outline 17
Simplified
4. The following is a simplified outline of this Act-- 18
(a) a transaction is not invalid under a State law merely because it 19
took place by 1 or more electronic communications; 20
(b) the following requirements imposed under a State law can 21
generally be met in electronic form-- 22
(i) a requirement to give information in writing; 23
s5 5 s7
Electronic Transactions (Queensland)
(ii) a requirement to provide a signature; 1
(iii) a requirement to produce a document; 2
(iv) a requirement to record information; 3
(v) a requirement to keep a document; 4
(c) for a State law, provision is made for determining the time and 5
place of the dispatch and receipt of an electronic communication; 6
(d) the purported originator of an electronic communication is bound 7
by it under a State law only if the communication was sent by the 8
purported originator or with the purported originator's authority. 9
10
Attachment--flowchart
5.(1) The attachment to this Act shows the way in which some of the 11
definitions in the dictionary and the concepts underlying this Act are linked 12
when an electronic communication is used for a transaction. 13
(2) The attachment does not form part of this Act. 14
(3) If the Act is amended, the attachment must be revised so that it is 15
accurate. 16
(4) The revision must be made in the first reprint of this Act after the 17
amendments. 18
19
Definitions
6. The dictionary in the schedule defines particular words used in this 20
Act. 21
binds all persons 22
Act
7. This Act binds all persons including the State and, so far as the 23
legislative power of the Parliament permits, the Commonwealth and the 24
other States. 25
s8 6 s 10
Electronic Transactions (Queensland)
HAPTER 2--REQUIREMENTS FOR 1
C
ELECTRONIC COMMUNICATIONS 2
PART 1--GENERAL RULE ABOUT VALIDITY OF 3
TRANSACTIONS FOR STATE LAWS 4
of electronic transactions 5
Validity
8.(1) A transaction is not invalid under a State law merely because it took 6
place wholly or partly by 1 or more electronic communications. 7
(2) However, the general rule in subsection (1) does not apply for the 8
validity of a transaction to the extent to which another, more specific, 9
provision of this chapter deals with its validity. 10
PART 2--REQUIREMENTS UNDER STATE LAWS 11
Division 1--Writing 12
13
Application
9. This division applies to a requirement or permission to give 14
information, whether the expression give, send or serve, or another 15
expression, is used. 16
for div 1 17
Definitions
10. In this division-- 18
"give information" includes, but is not limited to, the following-- 19
(a) make an application; 20
(b) make or lodge a claim; 21
(c) give, send or serve a notification; 22
s 11 7 s 12
Electronic Transactions (Queensland)
(d) lodge a return; 1
(e) make a request; 2
(f) make a declaration; 3
(g) lodge or issue a certificate; 4
(h) make, vary or cancel an election; 5
(i) lodge an objection; 6
(j) give a statement of reasons. 7
to give information in writing 8
Requirement
11.(1) If, under a State law, a person is required to give information in 9
writing, the requirement is taken to have been met if the person gives the 10
information by an electronic communication in the circumstances stated in 11
subsection (2). 12
(2) The circumstances are that-- 13
(a) at the time the information was given, it was reasonable to expect 14
the information would be readily accessible so as to be useable for 15
subsequent reference; and 16
(b) the person to whom the information is required to be given 17
consents to the information being given by an electronic 18
communication. 19
to give information in writing 20
Permission
12.(1) If, under a State law, a person is permitted to give information in 21
writing, the person may give the information by an electronic 22
communication in the circumstances stated in subsection (2). 23
(2) The circumstances are that-- 24
(a) at the time the information was given, it was reasonable to expect 25
the information would be readily accessible so as to be useable for 26
subsequent reference; and 27
s 13 8 s 15
Electronic Transactions (Queensland)
(b) the person to whom the information is permitted to be given 1
consents to the information being given by an electronic 2
communication. 3
particular laws not affected 4
Other
13. Sections 11 and 12 do not affect the operation of another State law 5
that makes provision about requiring or permitting information to be given, 6
in accordance with particular information technology requirements-- 7
(a) on a particular kind of data storage device; or 8
(b) by a particular kind of electronic communication. 9
Division 2--Signatures 10
for signature 11
Requirement
14. If, under a State law, a person's signature is required, the requirement 12
is taken to have been met for an electronic communication if-- 13
(a) a method is used to identify the person and to indicate the 14
person's approval of the information communicated; and 15
(b) having regard to all the relevant circumstances when the method 16
was used, the method was as reliable as was appropriate for the 17
purposes for which the information was communicated; and 18
(c) the person to whom the signature is required to be given consents 19
to the requirement being met by using the method mentioned in 20
paragraph (a). 21
particular laws not affected 22
Other
15. Section 14 does not affect the operation of another State law that 23
makes provision for or in relation to requiring-- 24
(a) an electronic communication to contain an electronic signature, 25
however described; or 26
(b) an electronic communication to contain a unique identification in 27
an electronic form; or 28
s 16 9 s 17
Electronic Transactions (Queensland)
(c) a particular method to be used for an electronic communication to 1
identify the originator of the communication and to indicate the 2
originator's approval of the information communicated. 3
3--Production of document 4
Division
to produce document 5
Requirement
16.(1) If, under a State law, a person is required to produce a document 6
that is in the form of paper, an article or other material, the requirement is 7
taken to have been met if the person produces, by an electronic 8
communication, an electronic form of the document in the circumstances 9
stated in subsection (2). 10
(2) The circumstances are that-- 11
(a) having regard to all the relevant circumstances when the 12
communication was sent, the method of generating the electronic 13
form of the document provided a reliable way of maintaining the 14
integrity of the information contained in the document; and 15
(b) when the communication was sent, it was reasonable to expect the 16
information contained in the electronic form of the document 17
would be readily accessible so as to be useable for subsequent 18
reference; and 19
(c) the person to whom the document is required to be produced 20
consents to the production, by an electronic communication, of an 21
electronic form of the document. 22
to produce a document 23
Permission
17.(1) If, under a State law, a person is permitted to produce a document 24
in the form of paper, an article or other material, then, instead of producing 25
the document in that form, the person may produce, by an electronic 26
communication, an electronic form of the document in the circumstances 27
stated in subsection (2). 28
(2) The circumstances are that-- 29
s 18 10 s 19
Electronic Transactions (Queensland)
(a) having regard to all the relevant circumstances when the 1
communication was sent, the method of generating the electronic 2
form of the document provided a reliable way of maintaining the 3
integrity of the information contained in the document; and 4
(b) when the communication was sent, it was reasonable to expect the 5
information contained in the electronic form of the document 6
would be readily accessible so as to be useable for subsequent 7
reference; and 8
(c) the person to whom the document is permitted to be produced 9
consents to the production, by an electronic communication, of an 10
electronic form of the document. 11
(3) For subsection(2)(a), the integrity of information contained in a 12
document is maintained only if the information has remained complete and 13
unaltered, apart from-- 14
(a) the addition of any endorsement; or 15
(b) any immaterial change; 16
arising in the normal course of communication, storage or display. 17
particular laws not affected 18
Other
18. Sections 16 and 17 do not affect the operation of another State law 19
that makes provision for or in relation to requiring or permitting electronic 20
forms of documents to be produced, in accordance with particular 21
information technology requirements-- 22
(a) on a particular kind of data storage device; or 23
(b) by a particular kind of electronic communication. 24
Division 4--Recording and keeping information and documents 25
information 26
Recording
19.(1) If, under a State law, a person is required to record information in 27
writing, the requirement is taken to have been met if the person records the 28
information in electronic form in the circumstances stated in subsection (2). 29
s 20 11 s 20
Electronic Transactions (Queensland)
(2) The circumstances are that-- 1
(a) at the time the information was recorded, it was reasonable to 2
expect the information would be readily accessible so as to be 3
useable for subsequent reference; and 4
(b) if a regulation requires the information to be recorded on a 5
particular kind of data storage device, the requirement has been 6
met. 7
written documents 8
Keeping
20.(1) If, under a State law, a person is required to keep, for a particular 9
period, a document that is in the form of paper, an article or other material, 10
the requirement is taken to have been met if the person keeps, or causes 11
another person to keep, an electronic form of the document for the period in 12
the circumstances stated in subsection (2). 13
(2) The circumstances are that-- 14
(a) having regard to all the relevant circumstances when the electronic 15
form of the document was generated, the method of generating 16
the electronic form of the document provided a reliable way of 17
maintaining the integrity of the information contained in the 18
document; and 19
(b) when the electronic form of the document was generated, it was 20
reasonable to expect the information contained in the electronic 21
form of the document would be readily accessible so as to be 22
useable for subsequent reference; and 23
(c) if a regulation requires the electronic form of the document to be 24
kept on a particular kind of data storage device, the requirement 25
has been met for the period. 26
(3) For subsection (2)(a), the integrity of information contained in a 27
document is maintained only if the information has remained complete and 28
unaltered, apart from-- 29
(a) the addition of any endorsement; or 30
(b) any immaterial change; 31
arising in the normal course of communication, storage or display. 32
s 21 12 s 21
Electronic Transactions (Queensland)
electronic communications 1
Keeping
21.(1) If, under a State law, a person ("keeper") is required to keep, for a 2
particular period, information that was the subject of an electronic 3
communication, the requirement is taken to have been met if the keeper 4
keeps, or causes another person to keep, in electronic form, the information 5
for the period in the circumstances stated in subsection (2). 6
(2) The circumstances for subsection (1) are that-- 7
(a) at the commencement of the keeping of the information, it was 8
reasonable to expect the information would be readily accessible 9
so as to be useable for subsequent reference; and 10
(b) having regard to all the relevant circumstances at the 11
commencement of the keeping of the information, the method of 12
keeping the information in electronic form provided a reliable way 13
of maintaining the integrity of the information contained in the 14
electronic communication; and 15
(c) during the period, the keeper also keeps, or causes the other 16
person to keep, in electronic form, such additional information 17
obtained by the keeper as is enough to enable the identification of 18
the following-- 19
(i) the origin of the electronic communication; 20
(ii) the destination of the electronic communication; 21
(iii) when the electronic communication was sent; 22
(iv) when the electronic communication was received; and 23
(d) at the commencement of the keeping of the additional information 24
mentioned in paragraph (c), it was reasonable to expect the 25
additional information would be readily accessible so as to be 26
useable for subsequent reference; and 27
(e) if a regulation requires the information to be kept on a particular 28
kind of data storage device--the requirement has been met for the 29
period. 30
(3) For subsection (2)(b), the integrity of information that was the subject 31
of an electronic communication is maintained only if the information has 32
remained complete and unaltered, apart from-- 33
s 22 13 s 24
Electronic Transactions (Queensland)
(a) the addition of any endorsement; or 1
(b) any immaterial change; 2
arising in the normal course of communication, storage or display. 3
PART 3--OTHER PROVISIONS ABOUT STATE 4
LAWS 5
Division 1--Application 6
of part 3 7
Application
22. This part applies for each State law. 8
Division 2--Time of dispatch and receipt 9
of dispatch 10
Time
23.(1) If an electronic communication enters a single information system 11
outside the control of the originator of the communication, then, unless 12
otherwise agreed between the originator and the addressee of the 13
communication, the dispatch of the communication occurs when it enters 14
the information system. 15
(2) If an electronic communication enters successively 2 or more 16
information systems outside the control of the originator of the 17
communication, then, unless otherwise agreed between the originator and 18
the addressee of the communication, the dispatch of the communication 19
occurs when it enters the first of the information systems. 20
of receipt 21
Time
24.(1) If the addressee of an electronic communication has designated an 22
information system to receive electronic communications, then, unless 23
otherwise agreed between the originator of the communication and the 24
s 25 14 s 25
Electronic Transactions (Queensland)
addressee, the time of receipt of the communication is the time when it 1
enters the information system. 2
(2) If the addressee of an electronic communication has not designated an 3
information system to receive electronic communications, then, unless 4
otherwise agreed between the originator of the communication and the 5
addressee, the time of receipt of the communication is the time when it 6
comes to the attention of the addressee. 7
of dispatch and receipt 8
Place
25.(1) Unless otherwise agreed between the originator of an electronic 9
communication and the addressee of the communication-- 10
(a) the communication is taken to have been dispatched from the 11
originator's place of business; and 12
(b) the communication is taken to have been received at the 13
addressee's place of business. 14
(2) For subsection (1)-- 15
(a) if the originator or addressee of the communication has more than 16
1 place of business, and 1 of the places (the "relevant place") has 17
a closer relationship to the underlying transaction the 18
communication is about--the relevant place is taken to be the 19
originator's or addressee's only place of business; and 20
(b) if the originator or addressee has more than one place of business, 21
but paragraph (a) does not apply--the originator's or addressee's 22
principal place of business is taken to be the originator's or 23
addressee's only place of business; and 24
(c) if the originator or addressee does not have a place of 25
business--the place where the originator or addressee ordinarily 26
resides is taken to be originator's or addressee's place of 27
business. 28
s 26 15 s 27
Electronic Transactions (Queensland)
3--Other provisions 1
Division
of electronic communications 2
Attribution
26.(1) For a State law, unless otherwise agreed between the purported 3
originator of an electronic communication and the addressee of the 4
communication, the purported originator of the communication is bound by 5
the communication only if it was sent by the purported originator or with 6
the purported originator's authority. 7
(2) Subsection (1) does not limit a State law that provides for-- 8
(a) conduct engaged in by a person within the scope of the person's 9
actual or apparent authority to be attributed to another person; or 10
(b) a person to be bound by conduct engaged in by another person 11
within the scope of the other person's actual or apparent authority. 12
HAPTER 3--MISCELLANEOUS 13
C
power 14
Regulation-making
27. The Governor in Council may make regulations under this Act. 15
16
16
Electronic Transactions (Queensland)
SCHEDULE 1
¡
DICTIONARY 2
section 6 3
"consents" includes consent that can reasonably be inferred from the 4
conduct of the person concerned, but does not include consent given 5
subject to conditions unless the conditions are complied with. 6
"data" includes the whole or part of a computer program within the 7
meaning of the Copyright Act 1968 (Cwlth). 8
"data storage device" means any article or material (for example, a disk) 9
from which information is capable of being reproduced, with or 10
without the aid of another article or device. 11
"electronic communication" means-- 12
(a) a communication of information in the form of data, text or 13
images by guided or unguided electromagnetic energy; or 14
(b) a communication of information in the form of sound by guided 15
or unguided electromagnetic energy, if the sound is processed at 16
its destination by an automated voice recognition system. 17
"give information", for chapter 2, part 2, division 1, see section 10. 18
"information" means information in the form of data, text, images or 19
sound. 20
"information system" means a system for generating, sending, receiving, 21
storing or otherwise processing electronic communications. 22
"information technology requirements" includes software requirements. 23
"non-profit body" means a body that-- 24
(a) is not carried on for profit or gain to its individual members; and 25
(b) is, under the body's constitution, prohibited from making any 26
distribution, whether in money, property or otherwise, to its 27
members. 28
17
Electronic Transactions (Queensland)
SCHEDULE (continued)
"place of business", for a government, an authority of a government or a 1
non-profit body, means a place where any operations or activities are 2
carried out by that government, authority or body. 3
"State law" means-- 4
(a) any law in force in the State, whether written or unwritten; or 5
(b) any instrument made or having effect under a law mentioned in 6
paragraph (a); 7
but does not include-- 8
(c) the Corporations Law or the Corporations Regulations; or 9
(d) a law of the Commonwealth, whether written or unwritten, or an 10
instrument made or having effect under a written or unwritten law 11
of the Commonwealth. 12
"transaction" includes any transaction in the nature of a contract, 13
agreement or other arrangement, and also includes any transaction of a 14
non-commercial nature. 15
16
18
Electronic Transactions (Queensland)
TTACHMENT 1
¡A
section 5 2
3
19
Electronic Transactions (Queensland)
1
© State of Queensland 2000
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