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Queensland
ELECTRONIC
TRANSACTIONS
(QUEENSLAND) BILL 2001
Queensland
ELECTRONIC TRANSACTIONS
(QUEENSLAND) BILL 2001
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) Bill 2001
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
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. . . . . . . . . . . . . . . . . . . . . . . . . . . 14
CHAPTER 3--MISCELLANEOUS
27 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 16
DICTIONARY
ATTACHMENT . . . . . . . . . . . . . . . . . . . . . . . 18
2001
A BILL
FOR
An Act to facilitate electronic transactions, and for other purposes
s1 4 s4
Electronic Transactions (Queensland) Bill 2001
The Parliament of Queensland enacts-- 1
CHAPTER 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Electronic Transactions (Queensland) 4
Act 2001. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
3 Object
Clause 8
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
4 Simplified outline
Clause 17
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
(ii) a requirement to provide a signature; 24
(iii) a requirement to produce a document; 25
s5 5 s7
Electronic Transactions (Queensland) Bill 2001
(iv) a requirement to record information; 1
(v) a requirement to keep a document; 2
(c) for a State law, provision is made for determining the time and 3
place of the dispatch and receipt of an electronic communication; 4
(d) the purported originator of an electronic communication is bound 5
by it under a State law only if the communication was sent by the 6
purported originator or with the purported originator's authority. 7
5 Attachment--flowchart
Clause 8
(1) The attachment to this Act shows the way in which some of the 9
definitions in the dictionary and the concepts underlying this Act are linked 10
when an electronic communication is used for a transaction. 11
(2) The attachment does not form part of this Act. 12
(3) If the Act is amended, the attachment must be revised so that it is 13
accurate. 14
(4) The revision must be made in the first reprint of this Act after the 15
amendments. 16
6 Definitions
Clause 17
The dictionary in the schedule defines particular words used in this Act. 18
7 Act binds all persons
Clause 19
This Act binds all persons including the State and, so far as the 20
legislative power of the Parliament permits, the Commonwealth and the 21
other States. 22
s8 6 s 10
Electronic Transactions (Queensland) Bill 2001
CHAPTER 2--REQUIREMENTS FOR 1
ELECTRONIC COMMUNICATIONS 2
PART 1--GENERAL RULE ABOUT VALIDITY OF 3
TRANSACTIONS FOR STATE LAWS 4
8 Validity of electronic transactions
Clause 5
(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
9 Application
Clause 13
This division applies to a requirement or permission to give information, 14
whether the expression give, send or serve, or another expression, is used. 15
10 Definitions for div 1
Clause 16
In this division-- 17
"give information" includes, but is not limited to, the following-- 18
(a) make an application; 19
(b) make or lodge a claim; 20
(c) give, send or serve a notification; 21
(d) lodge a return; 22
(e) make a request; 23
s 11 7 s 12
Electronic Transactions (Queensland) Bill 2001
(f) make a declaration; 1
(g) lodge or issue a certificate; 2
(h) make, vary or cancel an election; 3
(i) lodge an objection; 4
(j) give a statement of reasons. 5
11 Requirement to give information in writing
Clause 6
(1) If, under a State law, a person is required to give information in 7
writing, the requirement is taken to have been met if the person gives the 8
information by an electronic communication in the circumstances stated in 9
subsection (2). 10
(2) The circumstances are that-- 11
(a) at the time the information was given, it was reasonable to expect 12
the information would be readily accessible so as to be useable 13
for subsequent reference; and 14
(b) the person to whom the information is required to be given 15
consents to the information being given by an electronic 16
communication. 17
12 Permission to give information in writing
Clause 18
(1) If, under a State law, a person is permitted to give information in 19
writing, the person may give the information by an electronic 20
communication in the circumstances stated in subsection (2). 21
(2) The circumstances are that-- 22
(a) at the time the information was given, it was reasonable to expect 23
the information would be readily accessible so as to be useable 24
for subsequent reference; and 25
(b) the person to whom the information is permitted to be given 26
consents to the information being given by an electronic 27
communication. 28
s 13 8 s 15
Electronic Transactions (Queensland) Bill 2001
13 Other particular laws not affected
Clause 1
Sections 11 and 12 do not affect the operation of another State law that 2
makes provision about requiring or permitting information to be given, in 3
accordance with particular information technology requirements-- 4
(a) on a particular kind of data storage device; or 5
(b) by a particular kind of electronic communication. 6
Division 2--Signatures 7
14 Requirement for signature
Clause 8
If, under a State law, a person's signature is required, the requirement is 9
taken to have been met for an electronic communication if-- 10
(a) a method is used to identify the person and to indicate the 11
person's approval of the information communicated; and 12
(b) having regard to all the relevant circumstances when the method 13
was used, the method was as reliable as was appropriate for the 14
purposes for which the information was communicated; and 15
(c) the person to whom the signature is required to be given consents 16
to the requirement being met by using the method mentioned in 17
paragraph (a). 18
15 Other particular laws not affected
Clause 19
Section 14 does not affect the operation of another State law that makes 20
provision for or in relation to requiring-- 21
(a) an electronic communication to contain an electronic signature, 22
however described; or 23
(b) an electronic communication to contain a unique identification in 24
an electronic form; or 25
(c) a particular method to be used for an electronic communication 26
to identify the originator of the communication and to indicate 27
the originator's approval of the information communicated. 28
s 16 9 s 17
Electronic Transactions (Queensland) Bill 2001
Division 3--Production of document 1
16 Requirement to produce document
Clause 2
(1) If, under a State law, a person is required to produce a document that 3
is in the form of paper, an article or other material, the requirement is taken 4
to have been met if the person produces, by an electronic communication, 5
an electronic form of the document in the circumstances stated in 6
subsection (2). 7
(2) The circumstances are that-- 8
(a) having regard to all the relevant circumstances when the 9
communication was sent, the method of generating the electronic 10
form of the document provided a reliable way of maintaining the 11
integrity of the information contained in the document; and 12
(b) when the communication was sent, it was reasonable to expect 13
the information contained in the electronic form of the document 14
would be readily accessible so as to be useable for subsequent 15
reference; and 16
(c) the person to whom the document is required to be produced 17
consents to the production, by an electronic communication, of 18
an electronic form of the document. 19
17 Permission to produce a document
Clause 20
(1) If, under a State law, a person is permitted to produce a document in 21
the form of paper, an article or other material, then, instead of producing 22
the document in that form, the person may produce, by an electronic 23
communication, an electronic form of the document in the circumstances 24
stated in subsection (2). 25
(2) The circumstances are that-- 26
(a) having regard to all the relevant circumstances when the 27
communication was sent, the method of generating the electronic 28
form of the document provided a reliable way of maintaining the 29
integrity of the information contained in the document; and 30
(b) when the communication was sent, it was reasonable to expect 31
the information contained in the electronic form of the document 32
would be readily accessible so as to be useable for subsequent 33
reference; and 34
s 18 10 s 19
Electronic Transactions (Queensland) Bill 2001
(c) the person to whom the document is permitted to be produced 1
consents to the production, by an electronic communication, of 2
an electronic form of the document. 3
(3) For subsection (2)(a), the integrity of information contained in a 4
document is maintained only if the information has remained complete and 5
unaltered, apart from-- 6
(a) the addition of any endorsement; or 7
(b) any immaterial change; 8
arising in the normal course of communication, storage or display. 9
18 Other particular laws not affected
Clause 10
Sections 16 and 17 do not affect the operation of another State law that 11
makes provision for or in relation to requiring or permitting electronic 12
forms of documents to be produced, in accordance with particular 13
information technology requirements-- 14
(a) on a particular kind of data storage device; or 15
(b) by a particular kind of electronic communication. 16
Division 4--Recording and keeping information and documents 17
19 Recording information
Clause 18
(1) If, under a State law, a person is required to record information in 19
writing, the requirement is taken to have been met if the person records the 20
information in electronic form in the circumstances stated in 21
subsection (2). 22
(2) The circumstances are that-- 23
(a) at the time the information was recorded, it was reasonable to 24
expect the information would be readily accessible so as to be 25
useable for subsequent reference; and 26
(b) if a regulation requires the information to be recorded on a 27
particular kind of data storage device, the requirement has been 28
met. 29
s 20 11 s 21
Electronic Transactions (Queensland) Bill 2001
20 Keeping written documents
Clause 1
(1) If, under a State law, a person is required to keep, for a particular 2
period, a document that is in the form of paper, an article or other material, 3
the requirement is taken to have been met if the person keeps, or causes 4
another person to keep, an electronic form of the document for the period 5
in the circumstances stated in subsection (2). 6
(2) The circumstances are that-- 7
(a) having regard to all the relevant circumstances when the 8
electronic form of the document was generated, the method of 9
generating the electronic form of the document provided a 10
reliable way of maintaining the integrity of the information 11
contained in the document; and 12
(b) when the electronic form of the document was generated, it was 13
reasonable to expect the information contained in the electronic 14
form of the document would be readily accessible so as to be 15
useable for subsequent reference; and 16
(c) if a regulation requires the electronic form of the document to be 17
kept on a particular kind of data storage device, the requirement 18
has been met for the period. 19
(3) For subsection (2)(a), the integrity of information contained in a 20
document is maintained only if the information has remained complete and 21
unaltered, apart from-- 22
(a) the addition of any endorsement; or 23
(b) any immaterial change; 24
arising in the normal course of communication, storage or display. 25
21 Keeping electronic communications
Clause 26
(1) If, under a State law, a person ("keeper") is required to keep, for a 27
particular period, information that was the subject of an electronic 28
communication, the requirement is taken to have been met if the keeper 29
keeps, or causes another person to keep, in electronic form, the information 30
for the period in the circumstances stated in subsection (2). 31
(2) The circumstances are that-- 32
(a) at the commencement of the keeping of the information, it was 33
reasonable to expect the information would be readily accessible 34
so as to be useable for subsequent reference; and 35
s 21 12 s 21
Electronic Transactions (Queensland) Bill 2001
(b) having regard to all the relevant circumstances at the 1
commencement of the keeping of the information, the method of 2
keeping the information in electronic form provided a reliable 3
way of maintaining the integrity of the information contained in 4
the electronic communication; and 5
(c) during the period, the keeper also keeps, or causes the other 6
person to keep, in electronic form, such additional information 7
obtained by the keeper as is enough to enable the identification of 8
the following-- 9
(i) the origin of the electronic communication; 10
(ii) the destination of the electronic communication; 11
(iii) when the electronic communication was sent; 12
(iv) when the electronic communication was received; and 13
(d) at the commencement of the keeping of the additional 14
information mentioned in paragraph (c), it was reasonable to 15
expect the additional information would be readily accessible so 16
as to be useable for subsequent reference; and 17
(e) if a regulation requires the information to be kept on a particular 18
kind of data storage device--the requirement has been met for 19
the period. 20
(3) For subsection (2)(b), the integrity of information that was the 21
subject of an electronic communication is maintained only if the 22
information has remained complete and unaltered, apart from-- 23
(a) the addition of any endorsement; or 24
(b) any immaterial change; 25
arising in the normal course of communication, storage or display. 26
s 22 13 s 24
Electronic Transactions (Queensland) Bill 2001
PART 3--OTHER PROVISIONS ABOUT STATE LAWS 1
Division 1--Application 2
22 Application of part 3
Clause 3
This part applies for each State law. 4
Division 2--Time of dispatch and receipt 5
23 Time of dispatch
Clause 6
(1) If an electronic communication enters a single information system 7
outside the control of the originator of the communication, then, unless 8
otherwise agreed between the originator and the addressee of the 9
communication, the dispatch of the communication occurs when it enters 10
the information system. 11
(2) If an electronic communication enters successively 2 or more 12
information systems outside the control of the originator of the 13
communication, then, unless otherwise agreed between the originator and 14
the addressee of the communication, the dispatch of the communication 15
occurs when it enters the first of the information systems. 16
24 Time of receipt
Clause 17
(1) If the addressee of an electronic communication has designated an 18
information system to receive electronic communications, then, unless 19
otherwise agreed between the originator of the communication and the 20
addressee, the time of receipt of the communication is the time when it 21
enters the information system. 22
(2) If the addressee of an electronic communication has not designated 23
an information system to receive electronic communications, then, unless 24
otherwise agreed between the originator of the communication and the 25
addressee, the time of receipt of the communication is the time when it 26
comes to the attention of the addressee. 27
s 25 14 s 26
Electronic Transactions (Queensland) Bill 2001
25 Place of dispatch and receipt
Clause 1
(1) Unless otherwise agreed between the originator of an electronic 2
communication and the addressee of the communication-- 3
(a) the communication is taken to have been dispatched from the 4
originator's place of business; and 5
(b) the communication is taken to have been received at the 6
addressee's place of business. 7
(2) For subsection (1)-- 8
(a) if the originator or addressee of the communication has more 9
than 1 place of business, and 1 of the places (the "relevant 10
place") has a closer relationship to the underlying transaction the 11
communication is about--the relevant place is taken to be the 12
originator's or addressee's only place of business; and 13
(b) if the originator or addressee has more than one place of 14
business, but paragraph (a) does not apply--the originator's or 15
addressee's principal place of business is taken to be the 16
originator's or addressee's only place of business; and 17
(c) if the originator or addressee does not have a place of 18
business--the place where the originator or addressee ordinarily 19
resides is taken to be originator's or addressee's place of 20
business. 21
Division 3--Other provisions 22
26 Attribution of electronic communications
Clause 23
(1) For a State law, unless otherwise agreed between the purported 24
originator of an electronic communication and the addressee of the 25
communication, the purported originator of the communication is bound by 26
the communication only if it was sent by the purported originator or with 27
the purported originator's authority. 28
(2) Subsection (1) does not limit a State law that provides for-- 29
(a) conduct engaged in by a person within the scope of the person's 30
actual or apparent authority to be attributed to another person; or 31
s 27 15 s 27
Electronic Transactions (Queensland) Bill 2001
(b) a person to be bound by conduct engaged in by another person 1
within the scope of the other person's actual or apparent 2
authority. 3
CHAPTER 3--MISCELLANEOUS 4
27 Regulation-making power
Clause 5
The Governor in Council may make regulations under this Act. 6
16
Electronic Transactions (Queensland) Bill 2001
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) Bill 2001
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 11
law 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 14
a non-commercial nature. 15
18
Electronic Transactions (Queensland) Bill 2001
ATTACHMENT 1
section 5 2
3
4
19
Electronic Transactions (Queensland) Bill 2001
© State of Queensland 2001
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